[2207] Ndustria GENERAL ORDER— Pa a O Division 3— State Review Of

[2207]

ndustria

Reasons for Decision. GENERAL ORDER— THE CHIEF COMMISSIONER: This is the unani- Pa A O Division 3— mous decision of the Commission in Court Session. On 14th January this year the Commission in Court State Review of National Wage Session delivered its reasons for making a General Order restraining increases in remuneration (63 Decision, 1983— W.A.I.G. 257). The Order was made to operate for a period of six months and thereafter until further Minimum Wage Order. The Commission concluded by saying that it expected that the matter would next be the subject of proceedings before this tribunal after a review fore- BEFORE THE WESTERN AUSTRALIAN shadowed by the Australian Conciliation and Arbi- INDUSTRIAL COMMISSION tration Commission in a decision which it had given No. 461 of 1983. on 23rd December, 1982 imposing a pause on improvements in pay and conditions. In the matter of the Industrial Arbitration Act, 1979 The results of that review are to be found in the and in the matter of proceedings under Division decision of the Australian Commission in the 3 of Part II of the said Act. National Wage Case 1983 (Print F2900). By virtue of Before the Commission in Court Session. section 51 of the Industrial Arbitration Act, 1979 that decision constitutes the principal subject for con- Chief Industrial Commissioner E. R. Kelly Esq; sideration in these proceedings. In addition, there is Senior Commissioner D. E. Cort and Commissioner before the Commission an application by the Trades B. J. Collier. and Labor Council (the T.L.C.) for a General Order The 13th day of October, 1983. which, although containing several claims when Mr A. R. Beech on behalf of the Trades and Labor lodged in the Commission, may for practical purposes Council of Western Australia. be considered as being limited now to an application Mr G. M. Overman (of Counsel) and with him Mr for an increase in the minimum wage. I. G. Kins on behalf of the Attorney General for the The National Wage Decision 1983 reinstituted a State of Western Australia and the Public Service system of centralised wage fixing, granted an increase Board. of 4.3 per cent based on CPI movement for the Mr C. D. Lambert on behalf of the Confederation March and June quarters, 1983 subject to the unions of Western Australian Industry (Inc.). giving a prescribed commitment in relation to extra claims and laid down a set of principles designed to Mr L. H. Pilgrim intervening on behalf of the Aus- govern the processing of claims before that Com- tralian Mines and Metals Association. mission over the next two years. Mr D. R. Seal intervening on behalf of the Civil The Australian Commission found justification for Service Association of Western Australia Incorpor- its return to a centralised system of indexed wage ated. rates and the consequent partial lifting of the pause Mr C. B. Parks intervening on behalf of the Elec- on improvements dn pay and conditions in three trical Contractors' Association of Western Australia significant developments which had occurred since (Union of Employers). the pause was instituted. They were first, the Accord Mr T. Lynch intervening on behalf of Hamersley between the Australian Labor Party and the Aus- Iron Pty. Limited. tralian Council of Trade Unions (the A.C.T.U.) on a 29521—1 2208 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983 pricing and incomes approach to economic manage- There are several reasons for which we are dis- ment; secondly, the National Economic Summit Con- posed to favour the Confederation's view and which ference and the Joint Communique which resulted in some measure displace our earlier reasons for from it; and thirdly, the consensus between partici- adopting the more flexible approach. The reduced ca- pants at a conference convened and chaired by the pacity to improve rates of pay and conditions because President of the Australian Commission as a conse- of the economic recession combined with the need for quence of the Communique. Those three develop- the Commission to be seen to be acting both fairly ments are described in sufficient detail in the and with consistency led the Commission constituted National Wage Decision and it is unnecessary for us by all of its Commissioner members to conclude in to repeat that description. It is enough to say that January last that any application which might lead to they are an essential part of the background to our an increase in labour costs should be dealt with by decision in these proceedings. the Commission in Court Session. In our opinion, For a system based on full indexation to be sus- that view is still valid and that approach still necess- tainable economically and industrially the Australian ary. Next, as it is reasonable to assume that an equi- Commission held that a number of requirements rec- table base has been established in all our awards and ognised in the Accord, the Summit Communique and as we do not propose following variations made else- the submissions of the parties before it must be met. where to rates and conditions unless they have been Those requirements are spelt out in detail at pages 17 made in accordance with principles that are compat- to 22 of the National Wage Decision and for that ible with the restraint that must necessarily ac- reason if is unnecessary that we repeat them. company the indexation of wage rates, express ad- Whether full indexation is sustainable, even if those herence to the principle of comparative wage justice requirements are met, is doubted by many in the is not of as much importance for the time being as it community, but we believe that it certainly is not was previously. That is particularly the case because, sustainable if they are not. in circumstances in which the dictates of justice demand that a comparison be made, we are satisfied One of those requirements was that there should that there is scope to make it within the Federal prin- be consistency between the State and Federal ciples. tribunals in the operation of the system and the Aus- We have held on previous occasions that the pro- tralian Commission expressed the hope "that the visions of the Act prevent the establishment of an State tribunals will find themselves able to accept in anomalies conference in this jurisdiction. To some substance" what it had done for the period for which extent that remains true inasmuch as we are unable it had done it. All parties appearing before us to require the T.L.C., the Attorney General, or the endorsed that view. In doing so, most of them recog- Confederation to participate in such a procedure and nised the need for the Australian Commission's de- we do not have a suitable procedure for dealing with cision to be modified in some respects to cater for matters which have not been formally lodged in the local circumstances. Commission and allocated to a Commissioner. How- To meet the requirements of the system the Aus- ever, an amendment last year to section 16 of the Act tralian Commission formulated 11 principles de- will enable a procedure similar to the Federal signed, as we have remarked, to govern the pro- Anomalies Conference procedure to be instituted. cessing of claims before that Commission over the Finally, we are moved by the Accord, the Joint next two years. In many respects the principles are Communique and the submissions made to the similar to those adopted by that Commission be- National Wage Bench to think that there may now be tween 1975 and 1981, but the new principles differ in sufficient commitment to a centralised system to en- important respects from the earlier ones, not only in able it to be given effective application in the rela- the terms in which they are cast, but in the degree of tively short term presently envisaged for it. At a time consensus which underpins them and in the express when it is desirable that all Australians should be and unequivocal commitments given by the A.C.T.U. pulling together, industrial tribunals should not be in the proceedings from which they emanated. seen to be of differing opinions beyond the extent During the period just mentioned, this Commission that it is necessary for them to be so. The substantial avoided too precise a formulation of principles to ac- adoption by State tribunals of the Federal principles company the indexation of awards. Our reasons for seems to us to be likely to enhance the probability of doing so have been spelt out in earlier decisions. achieving that degree of national commitment which They included the fact that primary responsibility is essential if the purposes of the centralised system for the resolution of anomalies, inequities and special are to be achieved. and extraordinary problems resided with individual For all those reasons, but subject to what follows Commissioners; that the principle of comparative we have decided to express our intended approach to wage justice so pervaded the making of State awards applications for improvements in wages and con- that it needed to be retained to ensure that in additions in the form and substantially in the terms of verse economic circumstances employees in Western the Australian Commission's principles. Australia were not called upon to make a greater sac- Those principles as adapted for use in this rifice tlisn tnsir 001iHt.srp3.rts in otiisr Ststssj find, jurisdiction fire set out at the end of these reasons. that some of the Australian Commission's principles Apart from explanatory remarks we comment only were not capable of adoption here because of pro- upon significant points of difference between the ad- visions of the State Act. Additionally, we entertained aptation and the original. Changes which have been some reservations about the extent to which made because the principles are to apply in this guidelines too specific were capable of being rigor- jurisdiction instead of the Federal one will be appar- ously observed inside and outside industrial ent to the parties. tribunals. In paragraph (d) of Principle 1 the words "when In the present proceedings the T.L.C. has asked award payments are indexed" are to be understood that we continue with a flexible approach to matters here as referring to the fact that award payments coming before us. The Confederation of Western have been indexed and are not to be read as Australian Industry (the Confederation) however, indicating that recommendations with respect to the whilst acknowledging the need for us to have regard indexing of over-award payments will be made at the for local circumstances has pressed upon us the view same time as the General Order issues. Such rec- that on this occasion the appearance of uniformity of ommendations can only be made after considering approach by all industrial tribunals is almost as im- the facts relating to individual awards and in some portant as the actuality. For that reason it urges us to cases, perhaps, individual employers. It will be adopt a set of principles which can more readily be necessary that any such matters be brought before identified with those laid down by the Australian the Commission by separate applications under sec- Commission. tion 44 of the Act. 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZE I IE. 2209

In a statement made on Friday last we said, in re- On the question of commitment to the principles lation to the undertaking to be given by each union the T.L.C. strongly urged that we should seek from under Principle 3— employers a public and unequivocal commitment that The commitment by each union is to be a in the light of the Trade Union movement global one relating to all awards to which it is a indicating an intention to observe the principle party. It is to be in writing addressed to the In- dustrial Registrar so as to be in his hand by no of no extra claims, employers will not seek to in- later than 10.00 a.m. on Friday^ next, 14th itiate pernicious claims to decrease working con- October. The commitment is to be in these ditions. words: (Transcript p.17.) Though we recognise the rationale behind the re- Please be advised that this union, being quest we do not think it is practicable to insist on aware of the principles to be adopted by the such a commitment. Indeed, we think that it may commission in the State Wage Case October well be against the best interests of unions and their 1983, hereby undertakes that for a period of members to do so. However, apart from the fact that two years from 6th October, 1983 it will not the unions may be reasonably confident that pursue any extra claims, award or over- "pernicious" claims, even if made, would be unlikely award, except where consistent with those to be granted by the Commission, the Commission principles. recognises the propriety of subjecting to tests of a The advice to the Registrar is to contain a kind similar to those which will apply to claims by statement that the undertaking is authorised by unions during the duration of the principles, any the governing body of the union, however it is claim by an employer to worsen conditions. As a gen- called—whether it is the committee of manage- eral rule we think that any such claim by an employer ment or executive committee and so on. during that period ought to be refused unless the pro- With regard to awards in the public sector posed changes are shown to be necessary and are, on which are beyond our reach in relation to in- balance, to the advantage of the employees immedi- creases in remuneration at the present time by ately concerned. virtue of the Salaries and Wages Freeze Act, we In our decision in the State Wage Case (July) 1981 think we should observe that any promises made we said:— by the Government to apply the national wage In the light of our experience we hesitate to increase to public sector employees should be use the expression "work value" to indicate a read as necessarily including a reference to any ground upon which a claim for a wage increase conditions which attach to any such increase. might justifiably be entertained by the Com- Thus, although we appreciate that under submission. We observe that in a modern industrial section (2) of section 13 of that Act the Minister society the work of employees is constantly may authorise an increase in rates of remuner- changing and unless in a particular case the ation for the purpose of resolving an exceptional change is so dramatically different in dimension problem, we venture the opinion that such a from what is occurring progressively throughout problem could not be seen to arise in respect of the community so that it can be seen to be ex- the 4.3 per cent increase unless the necessary ceptional and thus anomalous it would appear to commitment had been given. us to be reflected in productivity movements. Furthermore, as the commitment is to be That guideline will therefore be retained only to given for a period which far exceeds the remain- cater for the exceptional case to which we have ing life of the Salaries and Wages Freeze Act we referred. are satisfied that the commitment should be (61 W.A.I.G. 1042.) given publicly in this commission. Those veiws appear to have been accommodated in (Transcript p.125.) paragraph (g) of Principle 4 of the Federal principles and we have therefore decided to adopt that prin- In its submissions to us the T.L.C. recognised that ciple without change. having regard for the nature of our proceedings, a In Principle 5 relating to Standard Hours the global commitment was appropriate, but asked that T.L.C. sought a modification to that part of the prin- provision be made for an exception in the case of any ciple which says that opposed claims should be re- award which might be seen to have special problems jected. It was put to us that as the source of the con- arising from peculiarities in its history. Apart from ditions in many of our awards is to be found in East- the difficulty of drafting a provision which would ac- ern States and Federal awards with which they have commodate the request without seriously a well recognised nexus, it would be inequitable if an undermining the value of the commitment, we think approved reduction in hours in the relevant "nexus" it is undesirable that exceptions be permitted. If an award could, regardless of its merit, be avoided by- application cannot be allowed within the principles employers here by the simple process of refusal. We which we have adopted then it should not be allowed think there is substance in the argument and we have at all. As to the Electrical Contracting Industry- decided to add after the words "opposed claims Award, which was the only award put forward as an should be rejected", the passage, "but this will not example, there appears to us to be no reason to think prevent determination by the Commission of a dis- that it cannot be dealt with fairly under those prin- puted claim where the Commission is satisfied that ciples. It may be useful to note that the commitment the claim is based on a well recognised nexus with an is an undertaking given by a union and capable of award or awards of another tribunal". In so deciding, being observed by the union whatever the attitude of we have thought it reasonable to assume that a individual sections of the union's membership may reduction of hours will not occur in Eastern States or be. The matter is really one of collective responsi- Federal -awards unless it meets the test of relevant bility and as Mr Kelty said , in the National Wage principles. Furthermore, we emphasize that the vari- Case, in conveying the attitude of the A.C.T.U. ation which we have made merely permits an argu- .... it would be an abrogation of that collective ment to be heard and determined and carries no im- responsibility if a small group of employees, plied promise as to its outcome. whoever they may be, dictated the terms and We are satisfied that other matters relating to conditions upon which that responsibility is standard hours raised by the T.L.C., can be dealt given and taken. with under and within the Principles if it is proper (Print, F2900, page 17.) that they should be dealt with. It should be kept in 2210 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983 mind that the Principles do not exclude the use of to achieve those goals will be prejudiced unless Aus- section 44 conferences for the purpose of discussing tralians everywhere are prepared to forego sectional any actual or projected difficulty. interests for the time being in the interests of the In Principle 6 it was common ground that the community as a whole. reference to the metal industry standard in para- Minimum Wage. graph (a) (iv) should be deleted, and we have decided The application by the T.L.C. as amended at the that although it is unlikely that there is any award in beginning of these proceedings sought an adjustment which an equitable base has not by now been estab- to the minimum wage to take account of movements lished, the opportunity to bring a claim forward for in the CPI up to and including the June quarter, that purpose should be kept open until 31st 1983. The Confederation submitted that if the mini- December, 1983. mum wage was to move at all, which it doubted, it With respect to procedure, applications which seek should move by no more than 4.3 per cent in common to remedy an alleged anomaly or inequity will be with all other wage rates. dealt with at a conference convened and chaired by The submissions on this matter were even briefer the Chief Industrial Commissioner. If the matter is on this occasion than they were when the minimum not settled at the conference and the applicant seeks wage was last adjusted. On that occasion in increas- to have the matter heard and determined, the Chief ing the minimum wage to the level indicated by the Industrial Commissioner may reallocate the appli- CPI for the September quarter, 1982 the Commission cation to the Commission in Court Session for hear- said— ing and determination. We think it would be of value We think the reality of this base level in the if all such conferences were to be attended by a rep- wage structure should be maintained unless far resentative of the T.L.C., the Confederation and the more pressing reasons are shown to the contrary Attorney General, but as we have said we cannot than has been the case in this hearing. make that requirement. Paragraph (c) (i) will there- (63 W.A.I.G. 380.) fore read— For the same reason we think the claim by the An application which seeks the rectification of T.L.C. should be granted. In so deciding we note an anomaly or an inequity shall first be dealt again that the minimum wage for adult employees is with in a conference before the Chief Industrial readily distinguishable from other award wage rates Commissioner. The conference should be at- and a cost of living adjustment to it can provide no tended by a representative of the T.L.C., the foundation for an expectation that other wage rates Confederation and the Attorney General as well will be similarly treated. as the parties to the application and may be at- Several applications which came before the Com- tended by such other persons as the Chief Indus- mission in Court Session after the restraint on re- trial Commissioner, subject to such conditions as muneration order was made have been adjourned he sees fit to impose, allows. sine die. They will be restored to the list for review and decision on the Commission's own motion in the With respect to principle 11 any application which light of the principles now established. varies rates or conditions in such a way as to increase labour costs will be allocated to the Commission in Because the Salaries and Wages Freeze Act has not Court Session. A statement to that effect is therefore yet ceased to operate we have decided to issue our substituted for the second sentence of the Federal order as an interim one and to adjourn these proceed- principle. In keeping with this Principle the General ings to a date to be fixed. That will enable the matter Order to be made will contain a provision prohibiting to be finalised with respect to awards in the public employers from increasing wage rates or otherwise in- sector when that may be done. Because of this it is creasing labour costs without the approval of the unnecessary for us to comment now upon the sub- Commission. missions of the Civil Service Association. No material relating to the state of the economy THE PRINCIPLES. was put before us. The views of the parties appearing before the National Wage Bench are summarised at In considering whether wages and salaries or con- page 44 of the Australian Commission's decision and ditions should be awarded or changed for any reason they indicate a consensus of opinion that although either by consent or arbitration, the Commission will there are tentative signs of recovery the economy is guard against any contrived arrangement which still in deep recession. would circumvent these Principles. Implicit in the Principles is the understanding that The Principles have been formulated on the basis conscious and active endeavours will be made by that the great bulk of wage and salary movements unions to prevent the occurrence of industrial action will emanate from national adjustments. These ad- and if it occurs to bring it quickly under control. In justments may come from two sources—CPI move- that regard we have noted the undertaking by the ments and national productivity. Other in- A.C.T.U. to promote the system throughout all levels creases—whether in the form of wages, allowances or of the union movement (print F2900 page 19). That conditions, whether they occur in the public or pri- is of paramount importance and it is clear from the vate sector, whether they be award or submissions which were made to us that the T.L.C., overaward—must constitute a very small addition to being the State branch of the A.C.T.U., accepts a overall labour costs. similar responsibility within this State. But it is not only the unions that have responsibilities under the The Commission will guard against any Principle Principles. They impose obligations on employers, other than Principles 1 and 2 being applied in such a governments and tribunals as well. As the Australian way as to become a vehicle for a general improvement Commission said, all of the participants must accept in wages or conditions. commitment to these requirements for the system to (For meaning of asterisks see end of Appendix.) work. There can be no passive partners. The reintroduction of the centralised system of in- 1. National Wage Adjustments*. dexed awards is an attempt, in stringent economic circumstances, to maintain the living standards of (a) Subject to Principle 3, the Commission will ad- those who are fortunate enough to be in employment. just its award wages and salaries every six months in The maintenance and growth of our production is relation to the last two quarterly movements of the necessary if a reasonable living stardard is to be as- eight-capitals CPI unless it is persuaded to the con- sured for those who are not so fortunate. The ability trary by those seeking to oppose the adjustment. 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2211

(b) For this purpose the Commission will sit twice (d) Where a significant net alteration to work value each year following the publication of the CPI for the has been established in accordance with this Prin- December and June quarters respectively. Such sit- ciple, an assessment will have to be made as to how tings should normally arise pursuant to section 51 of that alteration should be measured in money terms. the Act. Such assessment should normally be based on the (c) The form of indexation will be uniform percent- previous work requirements, the wage previously age adjustment unless the Commission decides fixed for the work and the nature and extent of the otherwise in the light of exceptional circumstances. It change in work. However, where appropriate, com- is to be understood that any compression of parisons may also be made with other wages and relativities which may have occurred in recent times work requirements within the award or to wage in- does not provide grounds for special wage increases creases for changed work requirements in the same to correct the compression. classification in other awards provided the same changes have occurred. (d) It would be appropriate for the Commission, after hearing the parties to an award and being satis- (e) The expression "the conditions under which the fied that a proper case has been made out, to rec- work is performed" relates to the environment in ommend the indexation of overaward payments when which the work is done. award payments are indexed. (f) The Commission should guard against contrived classifications and over-classification of jobs. 2. National Productivity***. (g) Where through technological or other change the impact of work value change on the work force is When and as often as the Australian Commission widespread or general, the matter should be dealt decides that an increase in wages and salaries or with in national productivity cases under Principle 2. changes in conditions of employment should be awarded on account of productivity, this Commission will sit to consider whether a similar increase should 5. Standard Hours*. be awarded here. (a) In dealing with agreements and unopposed claims for a reduction in standard hours to 38 per 3. Other Claims*. week, the cost impact of the shorter week should be Any claims for improvements in pay and con- minimised. Accordingly, the Commission should ditions other than those provided by Principles 1 and satisfy itself that as much as possible of the required 2 must be processed in accordance with Principles 4 cost offset is achieved by changes in work practices. to 11 below. No adjustment to an award pursuant to Opposed claims should be rejected, but this will Principle 1 will be made by the Commission unless not prevent determination by the Commission of a all the unions concerned in the award have given an disputed claim where the Commission is satisfied undertaking that for the duration of these Principles that the claim is based on a well-recognised nexus they will not pursue any extra claims, award or with an award or awards of another tribunal. overaward, except in compliance with the Principles. (b) Claims for reduction in standard weekly hours below 38, even with full cost offsets, should not be allowed. 4. Work Value Changes**. (c) The Commission should not approve or award (a) Changes in work value may arise from changes improvements in pay or other conditions on the basis in the nature of the work, skill and responsibility re- of productivity bargaining. These improvements quired or the conditions under which work is per- should only be allowed on the basis of the appropri- formed. Changes in work by themselves may not lead ate Principles. to a change in wage rates. The strict test for an alteration in wage rates is that the change is the nature of work should constitute such a significant net ad- 6.—Anomalies and Inequities*. dition to work requirements as to warrant the cre- (a) Anomalies. ation of a new classification. (i) In the resolution of anomalies, the These are the only circumstances in which rates overriding concept is that the Commission may be altered on the ground of work value and the must be satisfied that any claim under this altered rates may be applied only to employees whose Principle will not be a vehicle for general work has changed in accordance with this Principle. improvements in pay and conditions and However rather than to create a new classification that the circumstances warranting the it may be more convenient in the circumstances of a improvement are of a special and isolated particular case to fix a new rate for an existing classi- nature. fication or to provide for an allowance which is pay- (ii) Decisions which are inconsistent with the able in addition to the existing rate for the classifi- Principles of the Commission applicable at cation. In such cases the same strict test must be ap- the relevant time should not be followed. plied. (iii) The doctrines of comparative wage justice (b) Where new work justifying a higher rate is per- and maintenance of relativities should not formed only from time to time by persons covered by be relied upon to establish an anomaly be- a particular classification or where it is performed cause there is nothing rare or special in such only by some of the persons covered by the classifi- situations and because resort to these con- cation, such new work should be compensated by a cepts would destroy the overriding concept special allowance which is payable only when the new of this Principle. work is performed by a particular employee and not (iv) The only exception to (iii) is that ad- by increasing the rate for the classification as a justment of paid rates awards to establish whole. an equitable base may be processed as (c) The time from which work value changes anomalies. All such claims should be lodged should be measured is the last work value adjustment by 31st December, 1983. in the award under consideration but in no case earlier than 1st January, 1978. Care should be exer- (b) Inequities. cised to ensure that changes which were taken into (i) The resolution of inequities existing where account in any previous work value adjustments are employees performing similar work are paid not included in any work evaluation under this Prin- dissimilar rates of pay without good reason. ciple. Such inequities shall be processed through WESTERN AUSTRAL 1NDUSTI GAZETTE. f23rd November, 1983

the Anomalies Conference and not an arguable case which would then go otherwise, and shall be subject to all the fol- to a Commission in Court Session for lowing conditions: consideration. (1) The work in issue is similar to the (3) This procedure can be departed from other class or classes of work by by agreement and with the approval reference to the nature of the work, of the Chief Industrial Commissioner. the level of skill and responsibility involved and the conditions under 7.—Paid Rates Awards* which the work is performed. (a) Except in the case of first awards, the Com- (2) The classes of work being compared mission will refrain from making any new paid rates are truly like with like as to all rel- awards. In the making of first awards the conditions evant matters and there is no good as provided in Principle 10 below must be complied reason for dissimilar rates of pay. with. (3) In addition to similarity of work, (b) The Commission may convert into a minimum there exists some other significant rates award a paid rates award which fails to main- factor which makes the geographical tain itself as a true paid rates award. The conversion nexus between the similar classes of of such a lapsed paid rates award into a minimum work may not of itself be such a fac- rates award will involve the valuation of the classifi- tor. cation in it by comparison with similar classifications in other minimum rates awards excluding sup- (4) The rate of pay fixed for the class or plementary payments. classes of work being compared with the work in issue is reasonable and (c) Claims for the adjustment of existing paid rates proper rate of pay for the work and is awards to establish an equitable base should be pro- not vitiated by any reason such as in cessed as anomalies through the Anomalies Confer- increase obtained for reasons incon- ence as provided in Principle 6. All such claims sistent with the Principles of the should be lodged by 31st December, 1983. Commission applicable at the relevant time. 8.—Supplementary Payments*. (5) Rates of pay in minimum rates (a) The Commission will refuse claims for new sup- awards are not to be compared with plementary payments. those in paid rates awards. (b) Existing supplementary payments should not (ii) In dealing with inequities, the following be increased except for national wage adjustments. overriding considerations shall apply: (1) The pay increase sought must be 9.—Allowances. justified on the merits. Allowances and service increments may be ad- (2) There must be no likelihood of flow- justed or awarded only in accordance with this prin- on. ciple. (3) The economic cost must be negligible. (a) Existing allowances. (4) The increase must be a once-only * (i) Existing allowances which constitute a matter. reimbursement of expenses incurred may be adjusted from time to time (c) Procedure. where appropriate to reflect the rel- (i) An application which seeks the rectification evant change in the level of such ex- of an anomaly or inequity shall first be dealt penses. with in a conference before the Chief Indus- * (ii) Existing allowances which relate to trial Commissioner. The conference should work or conditions which have not be attended by a representative of the changed may be adjusted from time to T.L.C., the Confederation and the Attorney time to reflect the movements in wage General as well as the parties to the appli- rates as a result of national wage ad- cation and may be attended by such other justments. persons as the Chief Industrial Com- ** (iii) Existing allowances for which an in- missioner, subject to such conditions as he crease is claimed because of changes in sees fit to impose, allows. the work or conditions will be deter- (ii) The matter is first discussed with the em- mined in accordance with the relevant ployer and other interested parties at the provisions of Principle 4. Conference. (b) New Allowances. (iii) The broad principles for processing the ** (i) New allowances will not be created to anomaly or inequity raised are: compensate for disabilities or aspects of (1) If there is complete agreement as to the work which are comprehended in the existence of an anomaly or in- the wage rate of the classification con- equity and its resolution, and the cerned. Chief Industrial Commissioner is of ** (ii) New allowances to compensate for the the opinion that there is a genuine reimbursement of expense incurred anomaly or inequity, the Chief Indus- may be awarded where appropriate trial Commissioner will make the ap- having regard to such expenses. propriate order to rectify it. ** (iii) New allowances to compensate for (2) If there is no agreement at all, one of changes in the work or conditions will two situations can arise. Either the be determined in accordance with the Chief Industrial Commissioner will relevant provisions of Principle 4. hold that there is no anomaly or inequity falling within the concept of ** (iv) New allowances to compensate for new the Conference which would mean an work or condtions will be determined in end of the matter as far as the Con- accordance with the provisions of Prin- ference is concerned or on the other ciple 10(b). hand the Chief Industrial Com- ** (v) No new allowances may be awarded missioner could hold that there was until 1 February 1984. 23rdNovember, 1983| WESTERN AUSTRALIAN INDUSTRIAL GAZEiTE. 2bxo

(c) Service Increments. (d) if it prescribes a rate for shift work ** (i) Existing service increments may be ad- expressed in money terms by increas- justed in the manner prescribed in (a) ing the amount of any such rate in (ii) of this Principle. force immediately prior to the date of this Order by 4.3 per cent; ** (Ii) New service increments may only be allowed to compensate for changes in the (e) if it prescribes a rate for leading work and/or conditions and will be de- hands, by increasing the amount of termined in accordance with the rel- any such rate in force immediately evant provisions of Principle 4. prior to the date of this order by 4.3 per cent; and 10.—First Awards and Extensions of Existing (f) if it prescribes a supplementary pay- Awards**. ment or payments, by increasing the (a) In the making of a first award, the long estab- amount of any such payment in force lished principles shall apply i.e. prima facie the main immediately prior to the date of this consideration is the existing rates and conditions. order by 4.3 per cent. (b) In the extension of an existing award to new 3. That any increase resulting from this order work or to award-free work the rates applicable to shall be calculated to the nearest 10 cents such work will be assessed by reference to the value per week in the case of weekly rates, to the of work already covered by the award. nearest one cent in the case of daily rates and, in the case of annual salaries, to the 11.—Conditions of Employment*. nearest dollar per annum. Applications for changes in conditions other than 4. That each award in force at the date of this those provided elsewhere in the Principles must be Order not being an award which applies to a considered in the light of their cost implications both public authority be varied by adding a directly and through flow-ons. Where such appli- clause in the following terms, namely— cations involve increases in labour costs they will be An employer on whom this award is heard and determined by the Commission in Court binding shall not increase the rate of wage Session. payable to an employee on 6th October, * To come into operation immediately. 1983, or otherwise vary the conditions of ** To come into operation on 1st February, 1984. employment applicable to an employee on *** Not available before 1985. that date so as to increase that employer's labour costs except to the extent that any such increase has been authorised by the Commission after that date. 5. That Order No. 1 of 1983 (Restraint on In- BEFORE THE WESTERN AUSTRALIAN creases in Remuneration) is hereby can- INDUSTRIAL COMMISSION. celled with respect to those awards to which No. 461 of 1983. this order applies. In the matter of the Industrial Arbitration Act, 1979 6. That this order has-effect from the begin- and in the matter of proceedings under Division ning of the first pay period commencing on 3 of Part II of the said Act. or after 6th October, 1983 in relation to paragraphs 1, 2 and 3 and otherwise from Interim Order. the date of the order and until further order HAVING heard Mr A. R. Beech on behalf of the of the Commission. Trades and Labor Council of Western Australia; Mr Dated at Perth this 1st day of November, 1983. G. M. Overman (of Counsel) and with him Mr I. G. By the Commission in Court Session, Kins on behalf of the Attorney General for the State of Western Australia and the Public Service Board; (Sgd.) E. R. KELLY, Mr C. D. Lambert on behalf of the Confederation of [L.S.] Commissioner. Western Australian Industry (Inc.); Mr L. H. Pilgrim intervening on behalf of Australian Mines and Metals Association; Mr D. R. Seal intervening on be- Schedule. half of the Civil Service Association of Western Aus- Award; Number. tralia Incorporated; Mr C. B. Parks intervening on Aerated Water and Cordial Manufacturing Industry; behalf of the Electrical Contractors' Association of 10 of 1975. Western Australia (Union of Employers) and Mr T. Air Conditioning and Refrigeration Industry Lynch intervening on behalf of Hamersley Iron Pty. (Const.); 10 of 1979. Limited, the Commission in Court Session, pursuant Ambulance Service Workers; 50 of 1968. to the powers conferred on it under the Industrial Ar- Animal Welfare Industry; 8 of 1968. bitration Act, 1979 hereby order and declare:— Asbestos Cement Workers; 23 of 1960. 1. That this Order applies to all awards speci- Asbestos Jointings' Industry; 7 of 1967. fied in the schedule attached hereto. Bag, Sack and Textile Workers; 3 of 1960. 2. That each award to which this Order applies Bakers' (Country); 18 of 1977. is hereby varied as follows, namely— Bakers' (Metropolitan); 15 of 1961. Bespoke Bootmakers and Repairers; 4 of 1946. (a) if it prescribes the minimum wage for Biscuit and Cake Manufacturing; 7 of 1971. adult employees, by substituting for Boilermakers' (Goldmining); 33 of 1947. that wage a wage of $182.40; Breadcarters' (Country); 17 of 1975. (b) by increasing each other total wage Breadcarters' (Metropolitan); 35 of 1963. rate for an adult employee in force Brewery Craftsmens' Agreement; 368A of 1979. immediately prior to the date of this Brewery Engine Drivers' and Firemen's Agreement; Order by 4.3 per cent; 368B of 1979. (c) by increasing each total wage rate for Brewing Industry and Malting Industry; 33 of 1982. a junior employee or an apprentice in Brick Manufacturing; 19 of 1979. force immediately prior to the date of Brushmakers; 30 of 1959. this Order if it is expressed in money Building and Engineering Trades' (Nickel Mining terms by 4.3 per cent; and Processing); 20 of 1968. 2214 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

Building Materials Manufacture (C.S.R. Lim- Engine Drivers' (Nickel Mining) 1968; 37 of 1968. ited—Welshpool Works); 10 of 1982. Engine Drivers' (North-West Abattoirs); 4 of 1969. Building Trades Award; 31 of 1966. Engine Drivers' (Sawmills); 23 of 1952. Building Trades (Construction) Award; 14 of 1978. Engine Drivers' (Shire Councils); 24 of 1964. Building Trades' (Goldmining); 29 and 32 of 1965 Engine Drivers (Town of Kalgoorlie); 18 of 1979. and 4 of 1966. Engineering and Engine Drivers' (Nickel Smelting); 4 Building Trades' (Mining and Processing); 15 of of 1973. 1969. Engineers' (Goldmining); 26 of 1947. Case and Box Making; 48 of 1951. Engineering Trades' and Engine Drivers' (Nickel Catering Workers' (Food Service Management); 22 of Refining) 1971; 10 of 1971. 1976. Enrolled Nurses' and Nursing Assistants (Private); 8 Cement Tile Manufacturing; 3 of 1966. of 1978. Cement Workers; 10 of 1967. Farm Workers; 6 of 1946. Cereal Processing, Extracting and Manufacturing; 26 Fibrous Plaster and Cement Workers; 11 of 1969. of 1970. Foodland Associated Limited (Western Australia) Child Care Centres Aides; 5 of 1979. Warehouse; 27 of 1982. Child Care Centres (Child Care Workers); 23 of 1975. Frozen Foods; 25 of 1977. Child Care Centres (Child Care Workers) Private; 32 Fruit Growing and Fruit Packing; 17 of 1979. of 1980. Fruit and Produce Market Employees; 50 of 1955. Child Care Centres (Pre-School Teachers); 22 of Fruit and Vegetable Processing and Packing; 41 of 1975. 1978. Child Care Centres (Pre-School Teachers) Private; Funeral Directors' Assistants; 18 of 1962. 33 of 1980. Furniture Trades Industry; 30 of 1979. Chubb Alarms Control Room Operators Agreement; Gas Workers' (Fremantle Gas and Coke Co.) Agree- 8 of 1979. ment; 1 of 1974. Cleaners and Caretakers; 12 of 1969. Gate, Fence and Frames Manufacturing; 24 of 1971. Cleaners' (General and Window) Contractors; 3 of Glass Reinforced Plastics (Polymains Pty. Ltd.); 11 1968. of 1980. Cleaners' and Caretakers' (Car and Caravan Parks); 5 Gold Mining; 21 of 1967. of 1975. Goldsworthy Mining Ltd. A.D.S.T.E. Staff; 33 of Clerks' (Accountants Employees); 8 of 1982. 1981. Clerks' (Bailiffs' Employees); 19 of 1976. Gold Link and Bowling Green Workers; 16 of 1967. Clerks' (Breweries); 29 of 1963. Grocery and Match Manufacturing; 11 of 1971. Clerks' (Commercial, Social and Professional Ser- vices); 14 of 1972. Hospital Employees' (Homes of Peace); 26 of 1960. Clerks' (Commercial Radio and TV Broadcasters); Hospital Employees' (N'Gala Mothercraft Training 14C of 1968. Centre); 6A of 1958. Clerks' (Credit and Finance Establishments); 16 of Hospital Salaried Officers' (Dental Therapists); 27 of 1952. 1977. Clerks' (Customs and/or Shipping and/or Forwarding Hospital Salaried Officers' (Nursing Homes); 18 & 19 Agents); 47 of 1948. of 1974. Clerks' (Hotels, Motels and Clubs); 7 of 1977. Hospital Salaried Officers' (Private Hospitals); 28 of Clerks' (On-Course Totalisators); 34 of 1976. 1977. Clerks' (Racing Industry—Betting); 22 of 1977. Hospital Salaried Officers' (Red Cross Blood Clerks' (Taxi Services); 14B of 1968. Transfusion Service); 17 of 1974. Clerks' (Timber); 61 of 1947. Hospital Salaried Officers' (Red Cross Social Work Clerks' (Wholesale and Retail Establishments); 38 of Service); 17a of 1974. 1947. Hospital Salaried Officers' (Spastic Welfare); 37 of Clothing Trades; 16 of 1972. 1978. Cockburn Cement Laboratory Employees; CR175 of Hospital Salaried Officers' (Silver Chain); 38 of 1978. 1980. Hospital Workers' (Cleaning Contractors—Private Commercial Travellers and Sales Representatives; 43 Hospital); 2 of 1977. of 1978. Hospital Workers' (Hostel Domestics); 19 of 1977. Concrete Masonry Block Manufacturing; 28 of 1969. Hospital Workers' (Hostel Supervisors); 6 of 1978. Confectionery Manufacturing; 19 of 1967. Hostel Workers' (Aged & Disabled Persons Hostels); Copper/Zinc Mining and Processing; 7 of 1980. 5 of 1976. Crown Seal Manufacturing; 13 of 1960. Ice Cream and Frozen Confectionery Manufacturing; Crumpet Manufacturing; 12 of 1970. 2 of 1970. Independent Schools' Teachers; 27 of 1976. Dairy Factory Workers; 15 of 1964. Industrial Catering Workers; 29A of 1974. Dental Technicians' and Attendants' Receptionists; Iron Ore Production and Processing (Cliffs Robe 20 of 1979. River Iron Associates); 10 of 1979. Draughtsmen's, Tracers', Planners' and Technical Iron Ore Production and Processing (Goldsworthy Officers; 11 of 1979. Mining Ltd.); 43 of 1981. Dried Vine Fruits Industry; 8 of 1951. Iron Ore Production and Processing (Hamersley Iron Drum Reclaiming; 21 of 1961. Pty. Ltd.); 6 of 1983. Dry Cleaning and Laundry; 35 of 1978. Iron Ore Production and Processing (Mt. Newman Electrical Trades (Goldmining); 57 of 1968. Mining Co. Pty. Ltd.); 10 and 10A of 1981. Electrical Trades (Security Alarms Industry); 27 of Iron and Steel Industry Workers' (Australian Iron 1979. and Steel Pty. Ltd.); 1 of 1968. Engine Drivers' (Building & Steel Construction); 20 John Lysaght (Australia) Limited; 27 of 1967. of 1973. Engine Drivers' (Earthmoving & Construction); 10 of Kalgoorlie Printing; 28 of 1950. 1963. Ladies' Hairdressers; 30 of 1962. Engine Drivers' (General); 21A of 1977. Landscape Gardening Industry; 18 of 1978. Engine Drivers' (Goldmining) Consolidated 1968; 37 Laundry Workers; 8 of 1963. of 1947. Licensed Car Salesmen's; 24 of 1978. Engine Drivers' Minerals Production (Salt); 43 of Licensed Establishments' (Retail and Wholesale); 23 1968. of 1977. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2215

Lift Industry (Electrical and Metal Trades); 9 of Security Officers; 25 of 1981. 1973. Sheet Metal Workers; 10 of 1973. Male Hairdressers; 17 of 1963. Ship Painters and Dockers; 29 of 1960. Manufacturing Chemists; 3 of 1976. Shop and Warehouse (Wholesale and Retail Estab- Marine Stores; 13 of 1958. lishments); 32 of 1976. Meat Industry (North West Abattoirs); 18 of 1981. Show Ground Maintenance Workers; 55 of 1968. Meat Industry (Sausage Casing Manufacturing); 32 Slow Learning Children's Group (Salaried Officers); of 1979. 13 of 1977. Meat Industry (State); 9 of 1979. Soap and Allied Products Manufacturing; 25 of 1960. Metal Trades (General), 13 of 1965. Soft Furnishings; 23 of 1982. Mineral Earths Employees; 9 of 1975. Sporting Grounds Maintenance Workers; 71 of 1948. Mineral Production (Salt Industry); 36 of 1968. Storemen's (Explosive Magazines); 7 of 1965. Mineral Sands Mining and Processing Industry; 38 of Storemen's Independent Wooldumpers Pty. Ltd; 36 1981. of 1982. Mineral Sands Mining and Processing (Engineering Storemen's Rapid Metal Developments (Aust.) Pty. and Building Trades); 6 of 1977. Ltd.; 44 of 1982. Motel, Hostel, Service Flat and Boarding House Sugar Refining; 41 of 1982. Workers; 29 of 1974. Supermarkets and Chain Stores (Western Australia) Motor Vehicle (Service Station, Sales Establish- Warehouse; 26 of 1982. ments, Rust Prevention and Paint Protection) Superphosphate Workers; 7 of 1975. Industry; 29 of 1980. Swanleigh (Salaried Staff); 30 of 1978. Musicians; 10 of 1972. Thermal Insulation Contracting Industry; 1 of 1978. Nickel Mining and Processing; 18 of 1975. Ticket Writers; 29 of 1958. Nickel Refining; 6 of 1971. Timber Workers; 36 of 1950. Nickel Smelting (Western Mining Corporation Ltd); Timber Yard Workers; 11 of 1951. 18 of 1972. Tin Mining; 14 of 1971. Nurserymen's; 10 of 1959. Titanium Oxide Manufacturing; 8 of 1975. Nurses' (Day Care Centres); 11 of 1976. Transport Workers' (Eastern Goldfields Transport Nurses' (Dentists' Surgeries); 44A of 1976. Board); 23 of 1976. Nurses' (Doctors' Surgeries); 44 of 1976. Transport Workers' (General); 10 of 1961. Nurses' (Homes of Peace); 28 of 1963. Transport Workers' (Passenger Vehicles); 47 of 1978. Nurses' (Independent Schools); 21B of 1962. Vehicle Builders; 9 of 1971. Nurses' (Infant and Pre School Health); 6 of 1970. Watchmakers and Jewellers; 10 of 1970. Nurses' (Mothercraft Home and Training Centre); 15 Wharves and Ships Watchmen; 4 of 1982. of 1965. Wineries; 31 of 1969. Nurses' (Private Hospitals); 1 of 1966. Wire Manufacturing (Australian Wire Industries Nurses' (Red Cross Blood Transfusion Service); 16 of Pty. Ltd.); 24 of 1970. WTO- Wood Chip Industry; 21 of 1976. Nurses' (Silver Chain Association); 14 of 1965. Wool, Hide and Skin Store Employees; 8 of 1966. Optical Mechanics; 9 of 1970. Wool Scouring and Fellmongery Industry; 32 of 1959. Paint and Varnish Makers; 22 of 1957. Wool Sorters' (Wool Scouring Works); 41 of 1956. Painters (Shipping); 32A of 1961. Particle Board Employees; 22 of 1964. Particle Board Industry (S.W.L.D.); 10 of 1978. Pastrycooks; 17 of 1978. Permanent Building Societies (Administrative and Clerical Officers); 26 of 1975. Pest Control Industry; 9 of 1982. Peters Ice Cream (W.A.) Ltd. Laboratory and Tech- FULL BENCH— nical Employees; 12 of 1981. Photographic Industry; 9 of 1980. Appeals Against Pipe, Tile and Pottery Manufacturing Industry; 34 of 1978. Decision of Commission Plaster Mill Workers; 6 of 1962. Plastic Manufacturing; 5 of 1977. BEFORE THE WESTERN AUSTRALIAN Plywood and Veneer Workers; 24 of 1952. INDUSTRIAL COMMISSION. Plywood and Veneer Workers (S.W.L.D.); 28 of 1981. No. 531 of 1983. Porcelain Workers; 1 of 1970. Poultry Breeding Farm and Hatchery Workers; 20 of Between Thibe Pty. Ltd. trading as "Modern Style 1976. Home Improvements", Appellant, and Megan Printing (Country); 9 of 1969. Elizabeth Hamer, Respondent. Private Hospital Employees; 27 of 1971. Before the Full Bench. Professional Accountants' Officers; 20 of 1972. His Honour the President D. J. O'Dea. Quarry Workers; 13 of 1968. Chief Industrial Commissioner E. R. Kelly. Radio and Television Industry Workers; 3 of 1980. Senior Commissioner D. E. Cort. Refactory Workers' (Kaiser Refactories); 3 of 1981. The 13th day of October, 1983. Restaurant, Tearoom and Catering Workers; 48 of 1978. Mr G. L. W. Vickridge (of Counsel) on behalf of Retail Pharmacists; 23 of 1965. the appellant. Rock Lobster and Prawn Processing; 24 of 1977. Mrs M. E. Hamer on her own behalf. Roof Tile Fixers; 20 of 1975. Rope and Twine Workers; 11 of 1963. Reasons for Decision. Saddlers and Leatherworkers; 7 of 1962. THE PRESIDENT: Mrs Hamer, the respondent, Saw Servicing Establishments; 17 of 1977. was engaged by Thibe Pty. Ltd. trading as "Modem School Employees' (Independent Day and Boarding Style Home Improvements", the appellant, to knock Schools); 7 of 1979. on doors for the purpose of persuading householders School Employees' (University Colleges and to grant an interview to sales representatives of the Swanleigh); 7B of 1979. appellant concerning home improvement work. She 2216 claimed in the Commission "a benefit under my con- to deal specifically with other cases referred to in tract of service" being commission owing in the sum which facts were treated as indications for and of $150. The appellant denied the claim on the against the contract of service. ground that she was a commission agent and not an Whether Mrs Hamer was or was not employed employee and the matter was therefore outside the under a contract of service was a question of fact for jurisdiction of the Commission. The question in this the Commission to determine upon all the evidence appeal is whether the contract which the parties en- before it including the terms of the Agency Agree- tered into was one of service or one of agency. If it ment. was the former then Mrs Hamer is within the statu- When the proceedings were resumed Ms Jenny tory definition of an employee and the matter is McCoy, a sales co-ordinator for the appellant, ap- within the jurisdiction of the Commission. peared on its behalf. Martin C. made it clear to her The Commission (Martin C.) proceeded to hear that the purpose of the further proceedings was to and determine the claim on the 19th July, 1983 in the enable the appellant to address itself to matters set absence of the appellant which appears to have been out in his reasons for decision going primarily to the duly served with notice of the proceedings. The Com- manner of control of the work that Mrs Hamer was mission heard matters put to it by Mrs. Hamer and required to carry out. Ms McCoy did not dispute that perused a copy of an "Agency Agreement" which was each day Mrs Hamer and others were taken to par- attached to a statement lodged by the appellant in ticular areas and told which street to canvass and at answer to the claim. On the 27th July, 1983 Martin C. the end of the day they were picked up and brought published his reasons for concluding that the appli- back. She said she did not dispute Mrs Hamer's evi- cant was an employee for the purposes of the Indus- dence of what she did each day. Ms. McCoy put to trial Arbitration Act, 1979 despite the Agency Agree- the Commission matters which do not concern this ment which she signed. He forwarded a copy of the appeal concerning the liability to pay $150 as transcipt notes of proceedings and of those reasons to claimed, but as to the matter of control her only con- the parties and on the 12th August, 1983 conducted tention was that there was no compulsion to work in further proceedings which afforded the appellant an the way Mrs Hamer described. A person, she said, opportunity to respond to matters put to the Com- was free to work the streets directed or other streets mission by Mrs. Hamer. Following this on that date or not to work at all. the Commission's order issued requiring payment to The Commission's finding that Mrs Hamer was an Mrs Hamer of the sum claimed. employee was founded upon the evidence of Mrs This appeal raises the following grounds:— Hamer from which Martin C. concluded:— 1. The Commissioner was wrong in law in The applicant spent the first three days at the holding, as he did that the Applicant was an respondent's business premises in a "training employee for the purposes of the Industrial session" and then embarked upon the door Arbitration Act, 1979-1982. knocking campaign. That entailed reporting to 2. The Commissioner was wrong in law and the office each day circa 10.30 a.m. and in fact in failing to have regard to the available company with other such persons she was driven evidence as to the relationship between the by a supervisor to a selected area and directed Applicant and the Respondent and in par- which streets to process and which side of the ticular to an agreement in writing by which street. the Applicant agreed to act as a Commission Refreshments were taken collectively and the Agent and that the relationship between the applicant and her colleagues were driven back to Respondent and the Applicant was not that the office at circa 4.30 p.m. of employer and employee. In response to Ms McCoy's contention Mrs Hamer told the Commission that she was not told and was 3. The Commissioner consistently lead evi- unaware that she could carry out the work other than dence from the Applicant to an extent that in the way she was directed. Martin C. adhered to his he interfered extensively in the process and conclusion which, in my respectful opinion, is sup- the Respondent (the Appellant in the pres- ported by the material before him. ent proceedings) was unable or apparently unable to obtain a fair hearing. Mrs Hamer signed, in an amended form, a document headed "Agency Agreement", a sample copy of Mr Vickridge who appeared for the appellant which was before the Commission. The document re- referred for authority to a number of decided cases. cites that:— It is well recognised that power of control over the The Agent has agreed to act as a commission manner of doing the work is perhaps the most im- agent for the Company in obtaining contracts on portant of the indicia to be considered in dis- their behalf upon the terms hereinafter con- tinguishing between a contract of service and a contained. tract for services (Australian Mutual Provident So- ciety v. Allan (1978) 52 ALJR 407). It is also recog- It is provided by Clause 8 that:— nised that:— The relationship between the Company and .. . if the true relationship of the parties is that the Agent will be that of principal and agent and of master and servant under a contract of ser- not that of master and servant(s). vice, the parties cannot alter the truth of that re- The effect of that provision is to be considered in the lationship by putting a different label upon it. . . light of the observation in Massey's case (supra.). On the other hand, if their relationship is am- The Commissioner's finding of a different relation- biguous and is capable of being one or the other ship is strongly supported because of approximation [i.e. either service or agency], then the parties of the present facts to matters referred to in the can remove that ambiguity, by the very agree- Queen v. Foster and Others; Ex parte The Common- ment itself which they make with one another. wealth Life (Amalgamated) Assurances Ltd. 85 CLR The agreement itself then becomes the best ma- 138. terial from which to gather the true legal re- It appears that all the persons whom the lationship between them. company engages for this work enter into a contract in writing in a common form. Such a person (Massey v. Crown Life Insurance Co. [1978] 2 is described by the agreement as "an agent". The All ER 576 per Lord Denning MR 579 and 580.) document begins by a statement that the A number of the authorities cited and others are con- company appoints him as its agent and he ac- veniently collected in a judgment of the Industrial cepts the agency on terms it proceeds to enumer- Appeal Court (61 W.A.I.G. 1705). It is not necessary ate. The terms are contained in 28 clauses and 23rd November. 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2217

these provide a full and detailed account of the What emerges from the whole of the facts in the duties of the agent. His remuneration is fixed by case is that the true relationship was different from a schedule on the basis of percentage com- that which it was labelled in Clause 8. The extent to missions. None of the clauses subjects the agent which the terms of Clause 1 are inconsistent with the to the will of the company as to the manner of notion of an agent strengthens that conclusion but carrying out the duties thus specified and the the finding that Mrs Hamer was an employee does 27th clause goes out of its way to exclude the re- not depend upon inconsistency of that kind but the lationship of employer and employee, which no appellant's assumption of control of the daily per- doubt the agreement treats as that of master and formance of her work which was not compatible with servant. The clause says that the document con- the freedom of an independent contractor to act as tains the whole of the terms of the agency and agent. that it is intended thereby that the relationship The parties were not represented by Counsel or between the company and the agent will be agent and Martin C. invited Mrs Hamer to explain in strictly that of principal and agent and not in her own words how she came to be employed and how any way whatever that of employer and em- the day to day operation was conducted. Her narra- ployee. It goes on to say that the agent is to be tive is interspersed by questions from Martin C. but under no obligation to perform any duties other to an extent which is not inconsistent with his duty than those contracted for in the instrument and to hear and determine the claim before the Com- that no communication from the company or its mission. It appears to me that the need to question officers inconsistent with the agreement or was occasioned by the absence of anyone rep- varying or adding to it is to bind the agent and resenting the parties and that the nature of the he may regard it as in the nature of guidance and questions were prompted by the necessity for the advice which he is to be under no obligation to Commission to be informed of matters material to accept. the claim and more particularly to the issue of Provisions of this character are perhaps more jurisdiction which was raised by the appellant as re- likely to arouse misgivings as to what the practi- spondent. cal situation of the agent may be in fact than to If it be accepted that leading questions were put to prevent a relation of master and servant being Mrs Hamer I am of opinion that the proceedings formed. were not adversely affected on that account and did not affect the fairness of the hearing which the For, if in practice the company assumes the appellant was afforded. I have reached this opinion detailed direction and control of the agents in because it appears that Martin C. acted in accord- the daily performance of their work and the ance with section 26 of the Act. I have also had re- agents tacitly accept a position of subordination gard for the fact that the appellant was afforded a to authority and to orders and instructions as to further opportunity to be heard and was invited to the manner in which they carry out their duties, comment upon evidence in transcript and upon con- a clause designed to prevent the relation receiv- clusions which were set out in the Commission's ing the legal complexion which it truly wears reasons for decision. The appellant, having omitted would be ineffectual. to attend at the first hearing before the Commission, (Per Dixon, Fullager and Kitto J. J. at 150 and made no real attempt to dispute what was said by 151.) Mrs Hamer and failed to call evidence save for what was put forward by Ms McCoy. The appellant's exercise of control over the work For the reasons which I have set out I consider that which Mrs Hamer did was consistent with an em- the appeal should be dismissed. ployer/employee relationship notwithstanding the at- THE CHIEF INDUSTRIAL COMMISSIONER: I tempt to exclude it. Furthermore it is difficult to give agree and have nothing to add. effect to that part of Clause 8 declaratory of agency, which normally conveys an ability to affect the legal THE SENIOR COMMISSIONER: I also agree and relations of the principal because the terms of Clause have nothing to add. 1 which follow are insufficient to create, expressly or THE PRESIDENT: The unanimous decision of the by implication, a relationship in which the agent is Full Bench is that the appeal should be dismissed clothed with authority to bind the principal:— and an order to that effect will now issue. Order accordingly. The Company shall as from the day of 19 pay to the Agent commission at the current Company rate for each and every appointment or contract (sic.) resulting in a contract which the Agent is responsible for bringing to the Company PROVIDED that no Commission shall be payable in respect of any contract which the Company shall consider undesirable to execute or upon orders for which the Company after BEFORE THE WESTERN AUSTRALIAN exercising reasonable diligence cannot obtain INDUSTRIAL COMMISSION. payment or upon contracts which have been duly No. 531 of 1983. cancelled or contracts which the Company has Between Thibe Pty. Ltd. trading as "Modern Style been unable to arrange financial assistance as re- Home Improvements", Appellant, and Megan quested by the clients. Elizabeth Hamer, Respondent. Before the Full Bench. Mrs Hamer was not intended to possess the auth- His Honour the President D. J. O'Dea. ority of an agent but rather it was intended that she carry out the kind of work performed customarily by Chief Industrial Commissioner E. R. Kelly. canvassers or representatives. The material before Senior Commissioner D. E. Cort. the Commission showed that the work which she performed, under direction, was of that kind. Persons so Order. engaged may be independent contractors or may op- THIS matter having come on for hearing before the erate under contracts of service where they are under Full Bench on the 4th day of October, 1983 and the control of their principals as to the way they do having heard Mr G. L. W. Vickridge (of Counsel) on their work as appears in the present instance to have behalf of the appellant and Mrs M. E. Hamer on her been the case. own behalf and the Full Bench having reserved 2218 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 123rdNovember, 1983 judgment on the matter and judgment being de- 1979, should not be cancelled or suspended. The livered on the 13th day of October, 1983 wherein the Commission, of its own motion, directed the Regis- Full Bench unanimously dismissed the appeal and trar in writing to issue the summons to which was at- gave reasons therefor, it is this day, the 13th day of tached a statement of the reasons for which the di- October, 1983 ordered that the appeal be dismissed. rection was given by Commissioner G. L. Fielding. By the Full Bench, The reasons refer to events involving industrial ac- (Sgd.) D. J. O'DEA, tion by members of all of the unions summoned, employed by Hamersely Iron Pty. Ltd. at its Pilbara [L.S.] President. work sites and by members of some of those unions employed by Mt. Newman Mining Company Pty. Ltd. at the Mt. Newman mine site. Reference is also made to persistent industrial action despite directions and orders requiring cessation and to a long history of industrial action by the unions and their members in the iron ore production and processing industry. We have had recourse, where necessary, to matters FULL BENCH—Unions— relevant to the statement of reasons which are capable of immediate accurate demonstration by re- Matters Relating sort to the directions and orders which are mentioned in the statement of reasons and form part of the To Suspension of written record of the Commission. As with the state- Registration— ment of reasons the orders and directions have, in proper course, been served upon the unions. By reference to such matters the Full Bench is able to BEFORE THE WESTERN AUSTRALIAN evaluate assertions as to conduct which led the Com- INDUSTRIAL COMMISSION. mission to call upon each union to show cause. No. 492 of 1983. In some industrial jurisdictions provision is made In the matter of the Industrial Arbitration Act, 1979, for deregistration proceedings to be brought upon ap- and in the matter of summonses directed to: plication as was the case under section 29 of the In- Amalgamated Metal Workers and Shipwrights dustrial Arbitration Act, 1912, now repealed. In such Union of Western Australia; The Australian cases, no doubt, it was necessary for the applicant to Workers Union, West Australian Branch, Indus- prove a satisfactory case. trial Union of Workers; The Western Australian Carpenters and Joiners, Bricklayers and Stone- In relation to the present proceedings jurisdiction workers Industrial Union of Workers; Electrical is invoked upon the issue of a summons by the Regis- Trades Union of Workers of Australia (Western trar. It is plain, from the term of section 73, that the Australian Branch), Perth; The Operative purpose of a summons is to require a union to Painters and Decorators Union of Australia, "appear before the Full Bench .. . and show cause West Australian Branch, Union of Workers; The why the registration of the union ... should not be Plumbers and Gasfitters Employees Union of cancelled or suspended ..." Australia, West Australian Branch, Industrial Nonetheless, Mr Edwards, of Counsel, who ap- Union of Workers; The Australasian Society of peared representing each of the unions, urged us to Engineers, Moulders and Foundry Workers In- accept that there was, in the present case, no require- dustrial Union of Workers, Western Australian ment upon any of the unions to show cause. He con- Branch; Transport Workers Union of Australia, tended that according to the application of the Industrial Union of Workers, Western Aus- traditional tests and the fundamental requirement tralian Branch and The Federated Engine that "he who asserts must prove" the unions were left Drivers and Firemens Union of Workers of without an onus to discharge. Mr Edwards does not Western Australia to appear before the Full concede that the requirements of section 73 to show Bench to show cause why the registration of the cause constitute an onus to be discharged by the unions should not be cancelled or suspended union which is summoned, because it is to be as- under section 73 of the said Act. sumed that if the common law was intended to be Before the Full Bench. changed the section would have been differently ex- His Honour the President D. J. O'Dea. pressed. Chief Industrial Commissioner E. R. Kelly. The requirement that a direction to the Registrar Senior Commissioner D. E. Cort. to issue a summons include a statement of the The 16th day of September, 1983. reasons, and the further requirement that the state- Mr S. R. Edwards (of Counsel) on behalf of each ment be attached to the summons, indicates to us union concerned. that the statement of reasons constitutes an Mr R. L. Meecham intervening on behalf of the averment that the conduct of a union requires that it Trades and Labor Council of Western Australia. show cause lest it be visited with a penalty contemplated by section 73 under which the summons is Mr I. Hill intervening on behalf of Goldsworthy issued. Of course the matters averred may be contra- Mining Limited. dicted by the union. Section 73 (5) makes provision Mr 1. W. Moller intervening on behalf of Cliffs for further particulars of the statement of reasons to Robe River Iron Associates. be supplied upon application by the union. It may be that the provisions of section 73 are unique but it Reasons for Decision. seems to us that the requirement to show cause can THE PRESIDENT: The Full Bench has, in each of only sensibly relate to that which arises from the fac- these matters, reached a unanimous decision. I de- tual matters asserted against the union. That consti- liver our reasons. Each of a number of unions cover- tutes, as it were, "the case to answer" upon the return ing employees in the iron ore production and proof the summons, whether the Full Bench formally re- cessing industry was issued a summons to appear be- ceives into evidence the statement of reasons or fore the Full Bench of the Western Australian Indus- merely calls upon the union to show cause whereupon trial Commission to show cause why the registration it is afforded an opportunity to contradict any matter of the union, under the Industrial Arbitration Act, therein. No application was made pursuant to section 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2219

73 (5) and in the present case nothing was put to us the statement of reasons do not justify any order con- to contradict anything contained in the statement of templated by section 73. We turn now to consider reasons or in the directions or orders referred to those matters in the absence of any explanation by therein. the unions. As to whether facts are disclosed which are suf- After a conference before the Commission it was ficient to justify cancellation or suspension of regis- determined that certain members of the unions, tration that is a matter for the Full Bench which is other than the Transport Workers' Union of Aus- empowered to determine what order, in respect of tralia, Industrial Union of Workers, Western Aus- registration of each union, it is appropriate to make. tralian Branch, employed by Hamersley Iron Pty. Mr Edwards put it to us that the matters alleged Ltd. at its work sites in the Pilbara, had engaged in were not sufficiently serious to justify cancellation of industrial action in the nature of rolling strikes in registration and he submitted that if the allegations pursuance of a claim for reduced hours of work and were accepted there were alternative courses open more particularly for a 35 hour week. Unsuccessful under the Act and deregistration proceedings should endeavours were made to settle the dispute by con- not be invoked to enforce compliance with an order. ciliation but the unions did not desire to pursue the Mr Edwards referred for support to dicta in Nash v. claim in the Commission. The unions (other than the Federated Clerks' Union of Australia Industrial Transport Workers' Union of Australia, Industrial Union of Workers, W.A. Branch (45 W.A.I.G. 931 at Union of Workers, Western Australian Branch) were 933) which related to proceedings pursuant to section directed to cease industrial action no later than 10th 29 of the repealed Act in which an application by a August, 1983, but rolling strikes persisted. member to deregister a union was refused there being other procedures available to the applicant under the The Commission convened a conference between Act. Mt. Newman Mining Company Pty. Ltd. and the Electrical Trades Union of Workers of Australia We acknowledge and respectfully confirm the (Western Australian Branch), Perth relating to a dis- seriousness of deregistering a union as recognised in pute concerning the employment of apprentices upon the judgment in that case although it is clearly dis- completion of indentures but endeavours to settle the tinguishable from the present facts and statutory dispute by conciliation were unsuccessful. On the procedures. We acknowledge that it is consonant 29th July, 1983, certain members of the Electrical with the objects and purposes of the Act that pro- Trades Union of Workers of Australia (Western Aus- cedures be followed which are sensibly appropriate tralian Branch), Perth who were engaged in indus- and that cancellation of registration is properly to be trial action by striking were directed by the Com- regarded as a last resort. That is not to say that in a mission to cease the industrial action no later than particular case failure to comply with a direction or 1st August, 1983, but the industrial action persisted order of the Commission might not amount to re- whereupon the Commission issued an order that each pudiation of the authority of the Act and a union's employee, a member of the union employed by the obligations under it so as to justify cancellation of its company at Mt. Newman and involved in the indus- registration. trial action, cease the industrial action no later than The importance of registered unions within a 3rd August, 1983, and there was liberty to apply to system for the prevention and resolution of conflict vary or set aside the terms of the order. No appli- in respect of industrial matters is self evident. There cation was made and the industrial action persisted. are obvious advantages derived from registration, in Doubtless with knowledge of the aforesaid direction, particular the exclusive right of each union to organ- on or about the 2nd August, 1983, and subsequently, ise employees within its constitutional coverage and members of the Amalgamated Metal Workers and to protect and further their interests by proceedings Shipwrights Union of Western Australia engaged in before the Commission. Registered unions have cor- industrial action with respect to the same matter. responding obligations which require that they act in accordance with the purposes and objects of the Act. The Commission convened a conference between Cancellation of registration is a recognition that Mt. Newman Mining Company Pty. Ltd. and The rights and privileges have attendant duties and obli- Australian Workers' Union, West Australian Branch, gations. Industrial Union of Workers relating to manning Giving full consideration to these matters, we are levels and the utilisation of trades assistants at the aware of the serious consequences of cancelling regis- company's Mt. Newman work site which matters had tration of a union. The consequences are undoubt- been the subject of prior discussion inside and out- edly exacerbated when more than one union is side the Commission on no less than three occasions involved. We were correctly informed that those resulting in a recommendation for a committee of en- unions which were before us form a substantial quiry or failing that the establishment of a board of number of the major industrial unions in this State reference to determine the matters in issue. Endeav- and that they have constitutional and industrial ours to settle the dispute by conciliation were unsuc- coverage over a great many workers regulated by cessful and on 15th July, 1983, the Commission di- State awards, including a preponderance of those em- rected each employee, a member of a union employed ployed in the iron ore production and processing in- by the company at Mt. Newman engaged in indus- dustry. Their desire to remain registered as unions trial action in the nature of a strike, to cease such in- under the Act and in consequence to retain access to dustrial action no later than 18th July, 1983, but such the Industrial Commission was put to us by Counsel. industrial action persisted and on 2()th July, 1983, Yet there was no indication from or on behalf of any the Commission issued an order requiring industrial union that it understood or appreciated that accept- action to cease no later than 22nd July, 1983, and re- ance of its obligations under the Act is a necessary served leave to apply to vary or set aside the terms of condition for the continuance of its registration. the order. No application was made and the indus- Nothing was said to explain the failure to observe the trial action persisted. orders and directions of the Commission, which the On 17th August, 1983, the Commission (Fielding statement of reasons adverted to. C.) directed the Registrar to issue a summons to each We do not question the right to regard the matters of the unions to which the directions and orders were in dispute as of genuine and legitimate concern but directed and to the Transport Workers' Union of defiance of directions and orders made by the Com- Australia, Industrial Union of Workers, Western mission is clearly inconsistent with the obligations of Australian Branch. The statement of the reasons for the unions incurred by registration. That is the atti- which the direction was given set out in summary the tude we are bound to take unless, as it was put to us matters to which we have referred and expressed the on behalf of the unions, the matters adverted to in opinion that "the said unions and their members 2220 "WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983 have a long history of industrial action within the such industrial action. Each of those unions is also iron ore industry of this State on a scale which is not said to have a long history of industrial action within consistent with the objects of the Industrial Arbi- the iron ore industry. The allegation in that respect, tration Act, 1979-82". being general in terms, it is not regarded as being of On a summons to show cause, no less than in other major significance although we note that it was in- proceedings, the Full Bench is to act in the manner cluded in the reasons why the Commission directed prescribed in section 26, according to equity, good summonses to issue and nothing was said on behalf of conscience and the substantial merits of the case and any union to rebut the allegation. may inform itself on any matter in such a way as it It will be seen from the matters to which we have thinks just. Accordingly, we have ascertained from referred that the Commission (Fielding C.) formed the statement of reasons and the directions and or- an opinion that each union had engaged in industrial ders referred to therein details of industrial action by action within the iron ore production and processing members of unions employed in the iron ore pro- industry on a scale which is not consistent with the duction and processing industry at relevant times up objects of the Industrial Arbitration Act and that, to date on which summonses were directed to issue. with the exception of the Transport Workers' Union As we have already observed nothing was said on be- of Australia, Industrial Union of Workers, Western half of any union to deny or explain any part of the Australian Branch, each union had engaged in indus- factual background. trial action in defiance of the directions or order of We have necessarily had to consider separately the the Commission. conduct of each union as it appears from the matters to which we have referred. Members of the Transport On the material before us there is reason to exclude Workers' Union of Australia, Industrial Union of the Transport Workers' Union of Australia, Indus- Workers, Western Australian Branch, so far as we trial Union of Workers, Western Australian Branch can ascertain, have not engaged in the industrial ac- but otherwise we are driven to conclude that each tion referred to in the statement of reasons and the union has, by conduct, effectively rejected the union could only be required in these proceedings to jurisdiction of the Commission and rejected the show cause in relation to "a long history of industrial union's obligations under the Act. action within the iron ore industry of this State on a scale which is not consistent with the objects of the By virtue of section 61 a union and its members, Industrial Arbitration Act, 1979-82". for the time being, are, upon and after registration, Members of the Electrical Trades Union of subject to the jurisdiction of the Court and the Com- Workers of Australia (Western Australian Branch), mission and to the Act. This involves a requirement Perth engaged in industrial action which persisted for the reference of disputes to the Commission and, despite a direction and an order to cease. Members of amongst the obligations imposed by the Act, there is the Amalgamated Metal Workers and Shipwrights a particular requirement that "every party to a Union of Western Australia engaged in industrial ac- question, dispute or disagreement" shall endeavour tion over the same issue and persisted although in to resolve it by amicable discussion and, pending res- this case no direction or order was directed to it. The olution, shall refrain from taking industrial action issue just referred to, in broad terms, concerned a (section 42). We note also that the rules of each union claim that a number of apprentices due to complete with which we are concerned contains a rule which their indentures be guaranteed by the employer six requires that all industrial disputes in which the months' post apprenticeship employment as union or any of its members is concerned shall be tradesmen. The employer refused that claim and pro- referred for settlement pursuant to the Act. All of posed an alternative which was rejected. The order these matters are, we believe, fundamental to the law- requiring the Electrical Trades Union of Workers of relating to industrial arbitration. Australia (Western Australian Branch), Perth to Prima facie the facts reveal conduct which should cease industrial action was made by the Commission have been seen by each union, other than the (Fielding C.) pursuant to section 45, so that it ap- Transport Workers' Union of Australia, Industrial pears that in the opinion of the Commission, so con- Union of Workers, Western Australian Branch, to stituted, the industrial action was in relation to a justify cancellation under the Act, yet nothing was matter which is or relates to an industrial matter. put by any union by way of plea or explanation of the Nothing was put to us by way of argument in this re- conduct of its members. We heard, with leave, sub- gard, but comments made by Counsel for the unions missions on behalf of the Trades and Labor Council suggest that the question is open that the nature of and Goldsworthy Mining Limited and Cliffs Robe the dispute relates to matters of managerial preroga- River Iron Associates. While we have taken account tive. If that were so and the industrial action has oc- of what they have said nothing put by them displaced curred in relation to a matter which is not or does not the primary obligation of the summoned unions to relate to an industrial matter section 45 prescribes, show cause. for the Commission, alternative procedures. Never- theless the validity of the Commission's order has not Leaving aside the matters put to us regarding the been challenged. If this had been the only matter nature of the proceedings, there was little more from given rise to the direction it may have been appropri- the unions than an avowai of support for the system ate to reopen the proceedings and invite submissions of industrial relations contemplated by the Act which as to the validity of the order. their contemporaneous conduct belied. Members of The Australian Workers' Union, West With the exception of past conduct, there is lev- Australian Branch, Industrial Union of Workers en- elled against of the unions only the fact that they gaged in industrial action relating to manning levels have disobeyed a direction of the Commission. In the and the utilisation of trades assistants, and persisted ordinary course mere disobedience of a single direc- despite a direction and an order of the Commission tion would be unlikely to justify cancellation or sus- that it cease. pension of registration. But, as we have already indi- Members of each of the unions referred to in the cated, it will do so if the conduct of the union evinces statement of reasons, other than the Transport an intention to repudiate its fundamental obligations Workers' Union of Australia, Industrial Union of under the Act. Seeing the conduct of the unions in Workers, Western Australian Branch engaged in in- that light plainly moved the Commission to direct dustrial action in the form of rolling strikes in re- the issuance of the summonses. The accuracy of that lation to a matter concerning a claim for the assessment of the unions' conduct was not dimin- reduction in the standard hours of work, and per- ished by the unrepentant attitude of the unions when sisted despite a direction of the Commission to cease required to show cause. 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2221

Those being the circumstances it appears to us 3. that this Order shall come into operation that there is no appropriate alternative but to make and take effect on and from Friday the 7th an order of the kind contemplated in section 73. The day of October, 1983 unless on or before that material before us does not justify an order extending day the said union in proceedings before the beyond the iron ore production and processing indus- Full Bench— try nor, as we have indicated, does it justify an order (a) satisfies the Full Bench that it recog- of any kind against the Transport Workers' Union of nises the obligations which it has Australia, Industrial Union of Workers, Western under the Industrial Arbitration Act, Australian Branch. We have decided that orders 1979; should issue cancelling the rights of the other unions (b) acknowledges and accepts its re- with respect to employees in the iron ore production sponsibility to meet those obligations; and processing industry. We have noted earlier in and these reasons the apparent lack of appreciation by (e) demonstrates such recognition and the unions of the fact that acceptance of obligations acceptance by ensuring that all direc- under the Act is a necessary condition for the con- tions and orders of the Commission in tinuance of their registration. For that reason we pro- force and applicable to its members pose, in each case, to make a conditional order in in the iron ore production and pro- terms which we think are appropriate and which sec- cessing industry are being complied tion 73 enables us to make. with. Orders accordingly. Dated at Perth this 16th day of September, 1983. By the Full Bench, (Sgd.) D. J. O'DEA, [L.S.] President.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. BEFORE THE WESTERN AUSTRALIAN No. 492(1) of 1983. INDUSTRIAL COMMISSION. In the matter of the Industrial Arbitration Act, 1979, and in the matter of a summons directed to the No. 492(2) of 1983. Amalgamated Metal Workers and Shipwrights In the matter of the Industrial Arbitration Act, 1979, Union of Western Australia to appear before the and in the matter of a summons directed to The Full Bench to show cause why the registration of Australian Workers' Union, West Australian the union should not be cancelled or suspended Branch, Industrial Union of Workers to appear under section 73 of the said Act. before the Full Bench to show cause why the registration of the union should not be cancelled Before the Full Bench. or suspended under section 73 of the said Act. His Honour the President D. J. O'Dea. Before the Full Bench. Chief Industrial Commissioner E. R. Kelly. His Honour the President D. J. O'Dea. Senior Commissioner D. E. Cort. Chief Industrial Commissioner E. R. Kelly. Order. Senior Commissioner D. E. Cort. THE Amalgamated Metal Workers and Shipwrights Order. Union of Western Australia having been summoned THE Australian Workers' Union, West Australian to appear before the Full Bench on the 5th day of Branch, Industrial Union of Workers having been September, 1983; The Full Bench, having read the summoned to appear before the Full Bench on the statement of the reasons for which the direction to 5th day of September, 1983; The Full Bench, having issue the summons was given the said union not read the statement of the reasons for which the direc- having applied to the Registrar for further particu- tion to issue the summons was given the said union lars of that statement and having heard Mr S. R. not having applied to the Registrar for further par- Edwards (of Counsel) on behalf of the said union; Mr ticulars of that statement and having heard Mr S. R. R. L. Meecham intervening on behalf of the Trades Edwards (of Counsel) on behalf of the said union; Mr and Labor Council of Western Australia; Mr I. Hill R. L. Meecham intervening on behalf of the Trades intervening on behalf of Goldsworthy Mining Lim- and Labor Council of Western Australia; Mr I. Hill ited and Mr I. W. Moller intervening on behalf of intervening on behalf of Goldsworthy Mining Lim- Cliffs Robe River Iron Associates, being of the op- ited and Mr I. W. Moller intervening on behalf of inion that the union has failed to show cause why an Cliffs Robe River Iron Associates, being of the op- Order should not issue pursuant to section 73 of the inion that the union has failed to show cause why an Act in respect of the registration of the union. Order should not issue pursuant to section 73 of the Hereby Orders:— Act in respect of the registration of the union. 1. that the rights of the Amalgamated Metal Hereby orders:— Workers and Shipwrights Union of Western 1. that the rights of The Australian Workers' Australia under the Industrial Arbitration Union, West Australian Branch, Industrial Act, 1979 with respect to any employee in Union of Workers under the Industrial Arbi- the iron ore production and processing in- tration Act, 1979 with respect to any em- dustry be cancelled. ployee in the iron ore production and pro- 2. that, for that purpose, rule 2.—Constitution cessing industry be cancelled. of the registered rules of the said union be 2. that, for that purpose, rule 4.—Membership varied by adding thereto the following para- of the registered rules of the said union be graph— aried by adding thereto the following para- (e) Notwithstanding any of the foregoing graph— provisions of this rule a person who is Notwithstanding any of the foregoing employed in the iron ore production provisions of this rule a person who is em- and processing industry shall not be ployed in the iron ore production and pro- or become eligible for membership of cessing industry shall not be or become the union. eligible for membership of the union. 2222 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

3. that this Order shall come into operation 2. that, for that purpose, rule 5.—Membership and take effect on and from Friday the 7th of the registered rules of the said union be day of October, 1983 unless on or before that varied by adding thereto the following para- day the said union in proceedings before the graph— Full Bench— Notwithstanding any of the foregoing (a) satisfies the Full Bench that it recog- provisions of this rule a person who is em- nises the obligations which it has ployed in the iron ore production and pro- under the Industrial Arbitration Act, cessing industry shall not be or become 1979; eligible for membership of the Branch. (b) acknowledges and accepts its re- 3. that this Order shall come into operation sponsibility to meet those obligations; and take effect on and from Friday the 7th and day of October, 1983 unless on or before that (c) demonstrates such recognition and day the said union in proceedings before the acceptance by ensuring that all direc- Full Bench— tions and orders of the Commission in (a) satisfies the Full Bench that it recog- force and applicable to its members nises the obligations which it has in the iron ore production and pro- under the Industrial Arbitration Act, cessing industry are being complied 1979; with. (h) acknowledges and accepts its re- Dated at Perth this 16th day of September, 1983. sponsibility to meet those obligations; By the Full Bench, and (c) demonstrates such recognition and (Sgd.) D. J. O'DEA, acceptance by ensuring that all direc- fL.S.I President. tions and orders of the Commission in force and applicable to its members in the iron ore production and processing industry are being complied with. Dated at Perth this 16th day of September, 1983. By the Full Bench, (Sgd.) D. J. O'DEA, [L.S.l President. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 492(3) of 1983. BEFORE THE WESTERN AUSTRALIAN In the matter of the Industrial Arbitration Act, 1979, INDUSTRIAL COMMISSION. and in the matter of a summons directed to The Western Australian Carpenters and Joiners, No. 492(4) of 1983. Bricklayers and Stoneworkers Industrial Union In the matter of the Industrial Arbitration Act, 1979, of Workers to appear before the Full Bench to and in the matter of a summons directed to the show cause why the registration of the union Electrical Trades Union of Workers of Australia should not be cancelled or suspended under sec- (Western Australian Branch), Perth to appear tion 73 of the said Act. before the Full Bench to show cause why the registration of the union should not be cancelled Before the Full Bench. or suspended under section 73 of the said Act. His Honour the President D. J. O'Dea. Before the Full Bench. Chief Industrial Commissioner E. R. Kelly. His Honour the President D. J. O'Dea. Senior Commissioner D. E. Cort. Chief Industrial Commissioner E. R. Kelly. Order. Senior Commissioner D. E. Cort. THE Western Australian Carpenters and Joiners, Order. Bricklayers and Stonev/orkers Industrial Union of Workers having been summoned to appear before the THE Electrical Trades Union of Workers of Aus- Full Bench on the 5th day of September, 1983; the tralia (Western Australian Branch), Perth having full bench, having read the statement of the reasons been summoned to appear before the Full Bench on for which the direction to issue the summons was the 5th day of September, 1983; The Full Bench, given the said union not having applied to the Regis- having read the statement of the reasons for which trar for further particulars of that statement and the direction to issue the summons was given the said having heard Mr S. R. Edwards (of Counsel) on be- union having applied to the Registrar for further par- half of the said union; Mr R. L. Meecham intervening ticulars of that statement and having heard Mr S. R. on behalf of the Trades and Labor Council of West- Edwards (of Counsel) on behalf of the said union; Mr ern Australia; Mr 1. Hill intervening on behalf of R. L. Meecham intervening on behalf of the Trades Goldsworthy Mining Limited and Mr I. W. Moller and Labor Council of Western Australia; Mr I. Hill intervening on behalf of Cliffs Robe River Iron As- intervening on behalf of Goldsworthy Mining Lim- sociates, being of the opinion that the union has ited and Mr I. W. Moller intervening on behalf of failed to show cause why an Order should not issue Cliffs Robe River Iron Associates, being of the op- pursuant to section 73 of the Act in respect of the inion that the union has failed to show cause why an registration of the union. Order should not issue pursuant to section 73 of the Act in respect of the registration of the union. Hereby Orders:— Hereby Orders:— 1. that the rights of The Western Australian Carpenters and Joiners, Bricklayers and 1. that the rights of the Electrical Trades Stoneworkers Industrial Union of Workers Union of Workers of Australia (Western under the Industrial Arbitration Act, 1979 Australian Branch), Perth under the Indus- with respect to any employee in the iron ore trial Arbitration Act, 1979 with respect to production and processing industry be can- any employee in the iron ore production and celled. processing industry be cancelled. 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2223

2. that, for that purpose, rule 3.—Constitution Hereby orders:— of the registered rules of the said union be 1. that the rights of The Operative Painters varied by adding to sub-rule (a) of the rule and Decorators' Union of Australia, West the following paragraph— Australian Branch, Union of Workers under Notwithstanding any of the foregoing the Industrial Arbitration Act, 1979 with re- provisions of this sub-rule a person who is spect to any employee in the iron ore pro- employed in the iron ore production and duction and processing industry be can- processing industry shall not be or become celled. eligible for membership of this union. 2. that, for that purpose, rule 4.—Constitution 3. that this Order shall come into operation of the registered rules of the said union be and take effect on and from Friday the 7th varied by adding thereto the following sub- day of October, 1983 unless on or before that rule— day the said union in proceedings before the 4.5 Notwithstanding any of the foregoing Full Bench— provisions of this rule a person who is (a) satisfies the Full Bench that it recog- employed in the iron ore production nises the obligations which it has and processing industry shall not be under the Industrial Arbitration Act, or become eligible for membership of 1979; the Branch. (b) acknowledges and accepts its re- 3. that this Order shall come into operation sponsibility to meet those obligations; and take effect on and from Friday the 7th and day of October, 1983 unless on or before that (c) demonstrates such recognition and day the said union in proceedings before the acceptance by ensuring that all direc- Full Bench- tions and orders of the Commission in la) satisfies the Full Bench that it recog- force and applicable to its members nises the obligations which it has in the iron ore production and pro- under the Industrial Arbitration Act, cessing industry are being complied 1979; with. (b) acknowledges and accepts its re- Dated at Perth this 16th day of September, 1983. sponsibility to meet those obligations; and By the Full Bench, (c) demonstrates such recognition and (Sgd.) D. J. O'DEA, acceptance by ensuring that all direc- [L.S.] President. tions and orders of the Commission in force and applicable to its members in the iron ore production and processing industry are being complied with. Date at Perth this 16th day of September, 1983. By the Full Bench, (Sgd.) D. J. O'DEA, L.S.] President. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 492(5) of 1983. In the matter of the Industrial Arbitration Act, 1979, and in the matter of a summons directed to The Operative Painters and Decorators' Union of BEFORE THE WESTERN AUSTRALIAN Australia, West Australian Branch, Union of INDUSTRIAL COMMISSION. Workers to appear before the Full Bench to show No. 492(6) of 1983. cause why the registration of the union should In the matter of the Industrial Arbitration Act, 1979, not be cancelled or suspended under section 73 and in the matter of a summons directed to The of the said Act. Plumbers and Gasfitters Employees' Union of Before the Full Bench. Australia, West Australian Branch, Industrial His Honour the President D. J. O'Dea. Union of Workers to appear before the Full Bench to show cause why the registration of the Chief Industrial Commissioner E. R. Kelly. union should not be cancelled or suspended Senior Commissioner D. E. Cort. under section 73 of the said Act. Order. Before the Full Bench. THE Operative Painters and Decorators' Union of His Honour the President D. J. O'Dea. Australia, West Australian Branch, Union of Chief Industrial Commissioner E. R. Kelly. Workers having been summoned to appear before the Full Bench on the 5th day of September, 1983; the Senior Commissioner D. E. Cort. full bench, having read the statement of the reasons Order. for which the direction to issue the summons was THE Plumbers and Gasfitters Employees' Union of given the said union not having applied to the Regis- Australia, West Australian Branch, Industrial Union trar for further particulars of that statement and of Workers having been summoned to appear before having heard Mr S. R. Edwards (of Counsel) on be- the Full Bench on the 5th day of September, 1983; half of the said union; Mr R. L. Meecham intervening The Full Bench, having read the statement of the on behalf of the Trades and Labor Council of West- reasons for which the direction to issue the summons ern Australia; Mr 1. Hill intervening on behalf of was given the said union not having applied to the Goldsworthy Mining Limited and Mr I. W. Moller Registrar for further particulars of that statement intervening on behalf of Cliffs Robe River Iron As- and having heard Mr S. R. Edwards (of Counsel) on sociates, being on the opinion that the union has behalf of the said union; Mr R. L. Meecham failed to show cause why an Order should not issue intervening on behalf of the Trades and Labor Coun- pursuant to section 73 of the Act in respect of the cil of Western Australia; Mr I. Hill intervening on be- registration of the union. half of Goldsworthy Mining Limited and Mr I. W. 29521—2 2224

Moller intervening on behalf of Cliffs Robe River Edwards (of Counsel) on behalf of the said union; Mr Iron Associates, being of the opinion that the union R. L. Meecham intervening on behalf of the Trades has failed to show cause why an Order should not and Labor Council of Western Australia; Mr I. Hill issue pursuant to section 73 of the Act in respect of intervening on behalf of Goldsworthy Mining Lim- the registration of the union. ited and Mr I. W. Moller intervening on behalf of Hereby Orders:— Cliffs Robe River Iron Associates, being of the opinion that the union has failed to show cause why an 1. that the rights of The Plumbers and Order should not issue pursuant to section 73 of the Gasfitters Employees' Union of Australia, Act in respect of the registration of the union. West Australian Branch, Industrial Union of Workers under the Industrial Arbitration Hereby orders:— Act, 1979 with respect to any employee in 1. that the rights of the Australasian Society of the iron ore production and processing in- Engineers, Moulders and Foundry Workers, dustry be cancelled. Industrial Union of Workers, Western Aus- 2. that, for that purpose, rule 4.—Constitution tralian Branch under the Industrial Arbi- of the registered rules of the said union be tration Act, 1979 with respect to any em- varied by adding to sub-rule (1) of the rule ployee in the iron ore production and pro- the following paragraph— cessing industry be cancelled. Notwithstanding any of the foregoing 2. that, for that purpose, rule 2.—Constitution provisions of this sub-rule a person who is of the registered rules of the said union be employed in the iron ore production and varied by adding thereto the following sub- processing industry shall not be or become rule— eligible for membership of the union. (4) Notwithstanding any of the foregoing 3. that this Order shall come into operation provisions of this rule a person who is and take effect on and from Friday the 7th employed in the iron ore production day of October, 1983 unless on or before that and processing industry shall not be day the said union in proceedings before the or become eligible for membership of Full Bench- the Branch. la) satisfies the Full Bench that it recog- 3. that this Order shall come into operation nises the obligations which it has and take effect on and from Friday the 7th under the Industrial Arbitration Act, day of October, 1983 unless on or before that 1979; day the said union in proceedings before the (b) acknowledges and accepts its re- Full Bench— sponsibility to meet those obligations; (a) satisfies the Full Bench that it recog- and nises the obligations which it has under the Industrial Arbitration Act, (c) demonstrates such recognition and acceptance by ensuring that all direc- 1979; tions and orders of the Commission in (b) acknowledges and accepts its re- force and applicable to its members sponsibility to meet those obligations; in the iron ore production and pro- and cessing industry are being complied (c) demonstrates such recognition and with. acceptance by ensuring that all direc- Dated at Perth this 16th day of September, 1983. tions and orders of the Commission in force and applicable to its members By the Full Bench, in the iron ore production and pro- (Sgd.) D. J. O'DEA, cessing industry are being complied [L.S.] President. with. Dated at Perth this 16th day of September, 1983. By the Full Bench, (Sgd.) D. J. O'DEA, [L.S.] President. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 492(7) of 1983. In the matter of the Industrial Arbitration Act, 1979, and in the matter of a summons directed to the BEFORE THE WESTERN AUSTRALIAN Australasian Society of Engineers, Moulders and INDUSTRIAL COMMISSION. Foundry Workers, Industrial Union of Workers, Western Australian Branch to appear before the No. 492(8) of 1983. Full Bench to show cause why the registration of In the matter of the Industrial Arbitration Act, 1979, the union should not be cancelled or suspended and in the matter of a summons directed to the under section 73 of the said Act. Transport Workers' Union of Australia, Indus- Before the Full Bench. trial Union of Workers, Western Australian Branch to appear before the Full Bench to show His Honour the President D. J. O'Dea. cause why the registration of the union should Chief Industrial Commissioner E. R. Kelly. not be cancelled or suspended under section 73 Senior Commissioner D. E. Cort. of the said Act. Order. Before the Full Bench. THE Australasian Society of Engineers, Moulders His Honour the President D. J. O'Dea. and Foundry Workers, Industrial Union of Workers, Chief Industrial Commissioner E. R. Kelly. Western Australian Branch having been summoned Senior Commissioner D. E. Cort. to appear before the Full Bench on the 5th day of September, 1983; The Full Bench, having read the Order. statement of the reasons for which the direction to THE Transport Workers Union of Australia, Indus- issue the summons was given the said union not trial Union of Workers, Western Australian Branch having applied to the Registrar for further particu- having been summoned to appear before the Full lars of that statement and having heard Mr S. R. Bench on the 5th day of September, 1983; The Full 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

Bench, having read the statement of the reasons for 3. that this Order shall come into operation which the direction to issue the summons was given and take effect on and from Friday the 7th the said uni»on not having applied to the Registrar for day of October, 1983 unless on or before that further particulars of that statement and having day the said union in proceedings before the heard Mr S. R. Edwards (of Counsel) on behalf of the Full Bench— said union; Mr R. L. Meecham intervening on behalf (a) satisfies the Full Bench that it recog- of the Trades and Labor Council of Western Aus- nises the obligations which it has tralia; Mr I. Hill intervening on behalf of under the Industrial Arbitration Act, Goldsworthy Mining Limited and Mr I. W. Moller 1979; intervening on behalf of Cliffs Robe River Iron As- sociates, being of the opinion that the union has (b) acknowledges and accepts its re- shown cause why an Order should not issue pursuant sponsibility to meet those obligations; to section 13 of the Act in respect of the registration and of the union. (c) demonstrates such recognition and acceptance by ensuring that all direc- Hereby Orders that the said summons be dis- tions and orders of the Commission in missed. force and applicable to its members Dated at Perth this 16th day of September, 1983. in the iron ore production and pro- By the Full Bench. cessing industry are being complied with. (Sgd.) D. J. O'DEA, [L.S.l President. Dated at Perth this 16th day of September, 1983. By the Full Bench, (Sgd.) D. J. O'DEA, [L.S.l President.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 492(9) of 1983. BEFORE THE WESTERN AUSTRALIAN In the matte r of the Industrial Arbitration Act, 1979, INDUSTRIAL COMMISSION. and in the matter of a summons directed to The No. 492 of 1983. Federated Engine Drivers' and Firemens' Union In the matter of the Industrial Arbitration Act, 1979 of Workers of Western Australia to appear be- and in the matter of orders issued pursuant to fore the Full Bench to show cause why the regis- section 73 of the said Act on the 16th day of tration of the union should not be cancelled or September, 1983, in connection with: Amalga- suspended under section 73 of the said Act. mated Metal Workers and Shipwrights Union of Before the Full Bench. Western Australia; The Australian Workers His Honour the President D. J. O'Dea. Union, West Australian Branch, Industrial Union of Workers; The Western Australian Chieflmdustrial Commissioner E. R. Kelly. Carpenters and Joiners, Bricklayers and Stone- Senior Commissioner D. E. Cort. workers Industrial Union of Workers; Electrical Order. Trades Union of Workers of Australia (Western THE Federated Engine Drivers' and Firemens' Australian Branch), Perth; The Operative Union of Workers of Western Australia having been Painters and Decorators Union of Australia, summoned to appear before the Full Bench on the West Australian Branch, Union of Workers; The 5th day of September, 1983; the Full Bench, having Plumbers and Gasfitters Employees Union of read the statement of the reasons for which the direc- Australia, West Australian Branch, Industrial tion to issue the summons was given the said union Union of Workers; The Australasian Society of not having applied to the Registrar for further par- Engineers, Moulders and Foundry Workers In- ticulars of that statement and having heard Mr S. R. dustrial Union of Workers, Western Australian Edwards (of Counsel) on behalf of the said union; Mr Branch; and The Federated Engine Drivers' and R. L. Meecham intervening on behalf of the Trades Firemens Union of Workers of Western Aus- and Labor Council of Western Australia; Mr I. Hill tralia, and in the matter of appearances in pro- intervening on behalf of Goldsworty Mining Limited ceedings as required by clause 3 of the said or- and Mr 1. W. Moller intervening on behalf of Cliffs ders. Robe River Iron Associates, being of the opinion that Before the Full Bench. the union has failed to show cause why an Order His Honour the President D. J. O'Dea. should not issue pursuant to section 73 of the Act in respect of the registration of the union. Chief Industrial Commissioner E. R. Kelly. Senior Commissioner D. E. Cort. Hereby orders:— 1. that the rights of The Federated Engine The 7th day of October, 1983. Drivers' and Firemens' Union of Workers of Mr S. R. Edwards (of Counsel) on behalf of each Western Australia under the Industrial Ar- union concerned. bitration Act, 1979 with respect to any em- Mr R. L. Meecham intervening on behalf of the ployee in the iron ore production and pro- Trades and Labor Council of Western Australia. cessing industry be cancelled. Mr 1. Hill intervening on behalf of Goldsworthy 2. that, for that purpose, rule 3.—Constitution Mining Limited. of the registered rules of the said union be Mr D. G. Moss intervening on behalf of Cliffs Robe varied by adding thereto the following para- River Iron Associates. graph- Notwithstanding any of the foregoing Decision. provisions of this rule a person who is em- THE PRESIDENT: In proceedings before the Full ployed in the iron ore production and pro- Bench on the 5th day of September, 1983 each of a cessing industry shall not be or become number of unions covering employees in the iron ore eligible for membership of the union. production and processing industry failed to show 2226 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 123rd November, 1983 cause why its registration should not be disturbed The iron ore production and processing and was made the subject of an order for cancellation indusrty has at least in part not been a model in of registration under the Industrial Arbitration Act, industrial peace. There have of course been vari- 1979, which was to take effect on and from Friday, ous reasons proffered for that. The fact that the 7th October, 1983, unless the Full Bench was sat- parts of it have been less than laudably managed isfied that conditions set out therein were met. in this area is not, it is submitted, any more the In proceedings on the 7th October, 1983, the fault of the unions than has been their role in unions put, through Counsel, the following sub- other areas of industrial relations within the mission to satisfy the Full Bench in respect of those state. Nevertheless we accept that it hardly be- conditions— hoves us today to lay the blame elsewhere. The submission is put in this form after ex- Might I, however, with respect, remind the press instructions have been taken. The respon- Full Bench of the submissions made by dent unions have deliberated their respective Goldsworthy Mining and Cliffs Robe River—two positions with care and the submission I am of the interveners in these proceedings—and about to make is the submission of each of them. refer the Full Bench to that which in particular The respondent unions understand and ac- Mr Moller said at the earlier proceeeings, which knowledge that they are bound both by the In- is to be found at p. 41 of the transcript. dustrial Arbitration Act under which they gain The respondent unions that instruct me are and enjoy registration and by their respective very much aware of the power of the commission constitutions and rules to comply with the pro- as it is currently constituted. That, of course, is visions of the law. They understand that the not the point of this appearance. The unions benefits of registration under the Act, which en- comprehend that the material matter now before able and entitle them to have access to the com- the commission is an invitation to them to dem- mission, is at the end of the day conditional upon onstrate their preparedness to comply with the their fulfilling those statutory duties and obli- Act. As to that I am instructed to say that the gations. unions will honestly endeavour to honour the de- The unions understand that they have both cisions, orders and directions of this commission specific and general obligations. As to the first and the provisions of the law. they acknowledge, to take an example, that they The Act requires that, the unions acknowl- have a duty under section 41A of the Act to no- edge, they act on occasions in a manner which at tify the commission of the occurrence or continu- least industrially in the short term is seen some- ance of industrial action. There are, they ac- times as unpalatable. What is on occasions seen knowledge, many express positive statutory as a duty to their members may sometimes be in legislative duties and obligations imposed upon conflict with the duties and obligations under them. the Act. They acknowledge, however, that if they As to the second, that is to say their obli- wish to continue to participate in the system by gations of a general nature, the respondent continuing their registration under the Act and unions acknowledge that to be entitled to regis- to have access to the commission that predica- tration under the Act there are a number of gen- ment must be resolved by compliance with the eral corresponding obligations. For example, Act. there is an obligation imposed by section 42 of I am further instructed to say, may it please the Act to endeavour to resolve any industrial the Full Bench, that on my instructions the or- matter by amicable discussion and pending res- ders and directions which formed the basis of olution of such issues, to refrain from taking in- these proceedings are now being complied with. dustrial action and when it has occurred, to en- The Full Bench was accordingly satisfied that the deavour, by all means reasonable in the circum- conditions set out in Clause 3 of the orders had then stances, to prevent the action from being re- been met and it was deemed fit that the orders peated or continued. should not come into effect and it is so declared. The respondent unions comprehend that the Order accordingly. success of the industrial relations legislation by which they and the community are governed requires them, as with other parties to it, to approach the commission in a frank and uninhibi- ted way. Furthermore, and perhaps more importantly, they acknowledge that the law requires them to so behave no matter what they perceive as the relative justification for their actions or their reactions. Each of the respondent BEFORE THE WESTERN AUSTRALIAN unions has participated in the scheme of this Act INDUSTRIAL COMMISSION. and its predecessors for many years now. Each of No. 492 of 1983. the members of the Full Bench no doubt have In the matter of the Industrial Arbitration Act, 1979, had an opportunity to see each of the unions and in the matter of orders issued pursuant to positively and constructively contribute towards section 73 of the said Act on the 16th day of both the conciliation and the arbitration September, 1983, in connection with: Amalga- components of the system. mated Metal Workers and Shipwrights Union of In my respectful submission, none of the re- Western Australia; The Australian Workers spondent unions has a history of industrial ac- Union, West Australian Branch; Industrial tion which, in the scheme of things, is more rep- Union of Workers; The Western Australian rehensible or apparently irresponsible than the Carpenters and Joiners, Bricklayers and Stone- other unions in the trade union movement. On workers Industrial Union of Workers; Electrical the contrary, perhaps, some if not all of these Trades Union of Workers of Australia (Western unions (and I speak generally) acknowledging Australian Branch), Perth; The Operative the historical problems in the iron ore pro- Painters and Decorators Union of Australia, duction and processing industry, have if any- West Australian Branch, Union of Workers; The thing paid a positive and constructive role in Plumbers and Gasfitters Employees Union of both componenets of the system, at least as Australia, West Australian Branch, Industrial much as their colleagues in the trade union Union of Workers; The Australasian Society of movement who are not now before the com- Engineers, Moulders and Foundry Workers In- mission. dustrial Union of Workers, Western Australian 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2227

Branch; and The Federated Engine Drivers' and (the branch). It names T. H. Henderson, the Acting Firemens' Union of Workers of Western Aus- Secretary thereof, as first respondent and as second tralia, and in the matter of appearances in pro- respondent J. Tomlinson, the duly appointed re- ceedings as required by Clause 3 of the said or- turning officer for the conduct of an election for state ders. officers of the branch conducted under the provisions Before the Full Bench. of the Industrial Arbitration Act, 1979. His Honour the President D. J. O'Dea. The application seeks unspecified directions pursuant to section 66 (2) of the Act and relies upon a Chief Industrial Commissioner E. R. Kelly. complaint as to the use of names other than the cor- Senior Commissioner D. E. Cort. rect names in the nomination forms of two of the candidates for election and the acceptance of the qualifi- Order. cations of one of those candidates by the returning WHEREAS it was a provision of Clause 3 of the Or- officer. ders of the Full Bench issued on the 16th day of The rules of the branch provide that a member de- September, 1983, in this matter that the respective sirous of nominating for election shall submit to the orders shall come into operation and take effect on returning officer nomination in writing signed by him and from Friday, the 7th day of October, 1983, unless and endorsed by two financial members as proposers. on or before that day each of the said unions, in pro- The relevant provisions are set out in rule 140. ceedings before the Full Bench— Although it is not a requirement of the rule the form (a) satisfies the Full Bench that it recognises of nomination for the present election is required to the obligations which it has under the In- contain, inter alia, the full name of the nominee. One dustrial Arbitration Act, 1979; such form described as John Paddy French, a candi- (b) acknowledges and accepts its responsibility date registered in the register of members of the to meet those obligations; and branch as John Patrick French. Another described as (c) demonstrates such recognition and accept- Frank O'Grady, a candidate so registered as Frank ance by ensuring that all directions and or- O'Grady but whose correct Christian or given name is ders of the Commission in force and appli- Francis. cable to its members in the iron ore pro- Paddy and Frank are colloquial derivatives of their duction and processing industry are being proper names similar to nicknames by which people complied with. are sometimes better known. Despite the applicant's And Whereas on the 7th day of October, 1983, the complaint it seems to me the only advantage in the unions by their representative, Mr S. R. Edwards (of use of such names is that the candidates may be more Counsel) did so appear before the Full Bench and readily recognised and it is obviously desirable that made submissions for the purpose aforesaid. the electors are able to identify members who offer themselves as candidates. Now Therefore, the Full Bench does hereby declare that it is satisfied each of the unions has com- Rule 61 (1) (i) of the branch rules requires that the plied with the requirements of (a), (b) and (c) afore- secretary compile and keep a register of members said and it is ordered that Orders No. 492(1) to (7) containing, among other particulars, the name and and (9) of 1983 shall not come into effect. postal address of each member of the branch. Dated at Perth this 7th day of October, 1983. Although it does not arise for determination in this application, I think that is to be construed as require- By the Full Bench, ment that the full and correct names of each member (Sgd.) D. J. O'DEA, be kept in the register. Although, so far as I know, the [U.S.] President. rules are silent on the matter, I am also of the opinion that in the usual case the description of a candidate in a nomination form should mirror the information contained in the record of membership. In O'Grady's case that was done, in the other case there was what appears to me to be a trifling variation by which the description of the candidate might thereby have been clarified for the benefit of electors who know him as "Paddy". I do not think there is justification for any PRESIDENT—Unions—Matters direction which would affect either of these particular candidates because of the names by which they Dealt With Under Section 66 are described. BEFORE THE WESTERN AUSTRALIAN The applicant has alleged that to the best of his INDUSTRIAL COMMISSION. knowledge and belief O'Grady is not qualified so as No. 610 of 1983. to be eligible for election as a state officer. The mat- Between George Charles Stanley Rogers, Apllicant, ter is dealt with in the following part of rule 48:— and T. H. Henderson, Acting Secretary of the No member shall be eligible for election as a Western Australian Carpenters and Joiners, State officer unless he is a financial member of Bricklayers and Stoneworkers Industrial Union the Branch or a kindred union from which he has of Workers, and J. Tomlinson, Returning transferred for a period of at least three years Officer, Respondents. Before His Honour the President, D. J. O'Dea. The question as to his qualifications was referred The 21st day of October, 1983. by the applicant to the returning officer and pursu- Mr G. C. S. Rogers on his own behalf. ant to the duty cast upon him he caused inquiries to _ Mr D. H. Schapper (of Counsel) on behalf of the be made which satisfied him that O'Grady was quali- first named respondent. fied. It was ascertained that Francis O'Grady was proposed and accepted for membership of the branch Mr J. Tomlinson on his own behalf. operative as from 2nd July, 1981. That is not in dispute. Further information was obtained which Reasons for Decision. showed that Francis O'Grady joined a kindred union THE PRESIDENT: This application is brought by in the state of Queensland on 26th September, 1979 George Charles Stanley Rogers, a member of the and resigned in May 1982 at which time he was a Western Australian Carpenters and Joiners, Brick- financial member paid up to June 1982. The basis of layers and Stoneworkers Industrial Union of Workers that information was a telex message recording the 2228 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983 request of the secretary of the branch for information BEFORE THE WESTERN AUSTRALIAN and the replies received from the kindred union. I INDUSTRIAL COMMISSION. have been shown a copy of that document and I con- No. 575 of 1983. sider that from the information it contains the re- Between Leslie Alan Semple Park, Applicant, and turning officer was entitled to conclude that Francis the Secretary of the Western Australian O'Grady was a member of a kindred union from Carpenters and Joiners, Bricklayers and Stone- September 1979 to June 1982 and that during that workers Industrial Union of Workers, Respon- time he was a financial member, that being a reason- dent. able probability which emerges from the information contained in the telex. In my opinion, on the basis of Before His Honour the President D. J. O'Dea. the information which he obtained, the returning The 28th day of September, 1983. officer was entitled to conclude that Francis O'Grady Mr L. A. S. Park on his own behalf. was eligible for election as a state officer being a Mr G. G. Young on behalf of the respondent. financial member of the branch from July 1981 and a financial member of a kindred union prior to that the Reasons for Decision. aggregate period being at least three years. (Given extemporaneously, typed from transcript of I agree with the applicant that some provisions of proceedings as edited by His Honour.) the rules of the branch contemplate that membership may be acquired on clearance from another industrial THE PRESIDENT: This is an application by Leslie union. Although rule 6—Admission to Membership, Alan Semple Park, a member of the Western Aus- does not refer to it there is a reference in rule 7(d) tralian Carpenters and Joiners, Bricklayers and and particularly rule 9. Those references relate to the Stoneworkers Industrial Union of Workers, for an benefits achieved when membership is obtained in order or direction regarding the observance of the that way. Francis O'Grady did not transfer on clear- registered rules of the union. ance but was admitted to membership after being The rules which, it is claimed, are not being ob- proposed. It does not follow that he is denied the served are rules 61 (1) (1) and 159 and the application benefit of financial membership of a kindred union in substance requires an interpretation of at least for the purposes of rule 48. Rather, it seems to me some of the words used in those rules. that a financial member who was also a financial It seems to me that a rule which says that a re- member of a kindred union, fits comfortably within cord—in this case a register of members—containing the description of a qualified person without strain- among other particulars the names and addresses of ing the language of rule 48. members, may at all reasonable times be inspected For the reasons which I have set out I propose that by any member of the branch, means what it says. the application be dismissed. Reasonableness as to the time of inspection is rel- Order accordingly. evant. A member cannot go there outside normal office hours, say Sunday morning, bang on the door and say, "I want to see the records". But at any time that is reasonably convenient for the keeper of the records, that is the Acting Secretary and other persons who might be involved, a member has the right to view the record, and something more than view it, because there is obviously a purpose in inspection. It is BEFORE THE WESTERN AUSTRALIAN as though an organiser goes on to the premises of an INDUSTRIAL COMMISSION. employer to inspect the time and wages book. There is a purpose in doing it, not idle curiosity. Probably No. 610 of 1983. the purpose is demonstrated when he looks at the Between George Charles Stanley Rogers, Applicant, time and wages book and makes some kind of no- and T. H. Henderson, Acting Secretary of The tation, which becomes perhaps the basis of a pros- Western Australian Carpenters and Joiners, ecution or furthers some inquiry. Bricklayers and Stoneworkers Industrial Union In the same way a member who inspects the regis- of Workers, and J. Tomlinson, Returning ter of membership is doing it for a purpose. I think Officer, Respondents. we would be pretending if we ignored the fact that Before His Honour the President D. J. O'Dea. there is an election coming on and it is obvious that the applicant was seeking to ascertain names and ad- Order. dresses of those to whom at some stage he might ad- THIS matter having come on for hearing before me dress material in connection with the election. That on the 19th day of October, 1983 and having heard has not been said in so many words but it is perfectly Mr G. C. S. Rogers on his own behalf; Mr D. H. obvious. Schapper (of Counsel) on behalf of the first named To go and look at a book which contains the names respondent and Mr J. Tomlinson, the second named and addresses of 3 200 people is going to avail him respondent, on his own behalf and having reserved nothing unless he can record the details. That being judgment on the matter and judgment being de- so "inspection" necessarily implies the right to, at a livered on the 21st day of October, 1983 wherein I reasonable time and in reasonable circumstances, found that the matter should be dismissed and gave make a record of the material that is there. reasons therefor, it is this day, the 21st day of To come directly to a point raised by Mr Young, I October, 1983 ordered that the matter be dismissed. would not interpret it as meaning, literally, that (Sgd) D. J. O'DEA, when a person makes a request of the Secretary to in- [L.S.] President. spect the record he is to be supplied with a copy or that it means that he necessarily takes a copy but I think there is implied the right to do so. in this case I have not overlooked the fact that Mr Henderson specifically denies that he was requested that an inspection be made by Mr Park. In the case of Mr Avis, there is not a denial but an acknowledg- ment that the request was made in writing to Mr Henderson—that he said he would make some inquiries and Mr Avis was to contact him again, which he did, at which time he passed on what he had been 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. I 2229 I ■ advised that Mr Avis could inspect but could not It goes on to provide the investigative and decision make a copy. So I take it that on the second occasion making powers of that body, including! under (e) as with Mr Avis, Mr Henderson agreed that there was a follows: request and that he agreed to the request to inspect To hear and determine all complain ts made to but on his interpretation it did not mean taking a it concerning the breach of or an offen&e against copy. these Rules and to impose penalties arkd make I am much more concerned about the direct con- recommendations in respect thereto as provided flict of evidence in connection with Mr Park, and if I in these Rules; had to determine whether the request was made or That again is a rule which means what it shys. not I would consider that on balance the evidence of There is power thereby for members to seek redreos Mr Park is to be accepted. I would do that because I for breaches of the rules and, to take up the wording have also before me exhibit C, which is the request he used in the section I refer to the "non-observance" of made in writing. His evidence is that he made out rules. There is a power to apply to the State Manage- this request in writing, directed it to the Acting Sec- ment Committee for redress. Section 110 reminds us retary and that he gave it to Mr Avis, and it was in that the affairs of the union and of members are to be substance that document which Mr Avis copied in his conducted in accordance with the provisions of its own handwriting and handed over on the 15th. This rules, and I am paraphrasing. I refer to the section for is coupled with the direct evidence given by Mr Park particular provisions which deals with disputes be- that he did in fact ask for an inspection of the record. tween the union and any of its members, among The forthcoming election was the prupose as has other things. So rule 125 is consistent with section been made clear. It suggests to me on balance that it 110 of the Act but of course section 110 does not oust is likely a request was made, and in that case it was the jurisdiction of the President under section 66 and refused, because Mr Henderson has not said that he expressly so because it is subject to that section. agreed to let him inspect but he did not want him to take a copy—he simply said there was no request I must confess that there have been times when I made. would have wished members of unions would have In addition to what I have already said, rule 159 proceeded—assuming that they had a similar specifically deals with the inspection of records and rule—to seek redress within the councils of the provides that books of account "and all other re- union, instead of approaching the Commission under cords . .. may at all reasonable times be inspected by section 66 but that is not to say that they do not have any member of the Branch and by any other person the right to do so in the alternative, where they are having an interest in the funds of the Branch". It is able to establish that there has been a failure to ob- implicit in that rule as it is in rule 61(1)(1) that there serve provisions of the rule. I think such is the case is a purpose contemplated by inspection and the pur- here. pose is to inform the mind of he who inquires or re- There is also to be reckoned the question of the quests the inspection. urgency of the matter. It is the eve of an election in Upon the facts as I have found them it seems to me the union. Nominations will close in the near future. that the applicant, Park, made a request as did Mr The applicant has made clear that the remedy that is Avis of the Acting Secretary for an inspection of the sought—namely to get practical inspection of the re- record of membership and that effectively it was records of membership—is one that needs to be availed fused or was not complied with, notwithstanding that of at an early date if it is to be effective at all. I think the document which Mr Avis handed him expressed that does reflect on the alternative that might have in writing the nature of the request in these terms: been followed under rule 125. While it was proper to I request you to please allow me to bring a draw to my attention, and I have noted that pro- photo copying machine into the building to vision, I am not persuaded that the applicant ought photo copy the most recent roll of membership rather to have proceeded in that way than bring the and addresses and I propose to do this at an present application. agreed time during working hours on Friday 16th It was also mentioned on behalf of the Secretary September. (Exhibit D.) that the matter is in the hands of the State Electoral It is patent that there was an attempt to inspect Office for the conduct of the election. I am not con- and to make a copy at a time that was convenient. In cerned with any proceedings which might be effected the view of the Acting Secretary that facility could by the person conducting the election. I accept what not be afforded. has been said that a copy of the relevant membership The application is accompanied by a letter which roll with be supplied and I accept that having been does contain a number of allegations against the Act- supplied it will be available for any one has a right to ing Secretary which have been taken as critical and inspect it. I also note with interest that the Electoral suggestive of his complicity in abuses of the rules. Office is prepared to permit anyone who has a right Cross-examination of. the applicant as to these mat- to it and wishes to do so to photocopy that roll. All ters was permitted. It is not part of the inquiry which that is part of the electoral process which is outside I must make in this application to be concerned with the terms of my present inquiry. the truth or otherwise of those allegations because I am concerned here, as I have found, that in re- they are not directly relevant to whether or not there spect of the two rules, 61 and 159, there appears to has been a failure to observe particular rules of the have been a refusal to permit inspection. It Is not union, nor are these matters relevant to the question necessary to categorise the nature of the refusal. I whether or not it is proper in the circumstances that I want to speak in as neutral terms as possible. A fail- should direct the Secretary to comply with the rules ure to permit inspection is probably a better way of in any particular way. expressing it. I am not attributing motives. As I have However, since they have been raised and to some pointed out there was in the case of Avis an agree- extent canvassed in the proceedings before me I say ment to permit inspection but, of course, it is in fairness to the Secretary that none of it has been coloured by the interpretation which the Secretary established and I repeat that none of it is material to has given to the rules which deal with the right to in- the principal question. spect—an interpretation which, in my respectful op- There is one other thing I should deal with which inion, I do not share. I have already said why. was raised by Mr Young and that was that rule 125, In view of what I have said, the most effective under Part IV, deals with disputes and appeals. It thing to do is to direct that the Secretary, against provides: whom the application is directed, comply with the Subject to any provisions contained elsewhere provisions of those two rules by permitting the appli- in these Rules the S.M.C..shall have power ... cant to inspect the membership roll and if he wishes 2230 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983 to record tha.t information whether it be by photo- of the union, to inspect the Register of Members of copy or any other way, he may do so. That is really a the said union at 10.00 a.m. on the 30th day of matter for The applicant. I think he is entitled to do September, 1983 at the registered office of the union that given the way I interpret the rules. and that he allow a copy of the said Register of Mem- Of coujse, it is necessarily to be a request which is bers to be then taken in whatever manner is con- made arid given effect to at a reasonable time. If it is venient to the said Leslie Alan Semple Park. necessary to nominate a time which is more con- Dated at Perth this 28th day of September, 1983. venient than another time I will consider submissions frorn Mr Park and Mr Young in that respect. (Sgd.) D. J. O'DEA, I think it should be done very soon and for that [L.S.] President. reason I have delivered my decision from the bench. I will willingly listen to submissions in respect of when it should be, not only in terms of a convenient time but a convenient date. I think it should be soon. It will be obvious to Mr. Park that I am not acceding to his request that I direct that the Secretary deliver the roll to the Elec- toral Office. That is asking me to exercise a power BEFORE THE WESTERN AUSTRALIAN which is going too far because, as far as I am aware, it INDUSTRIAL COMMISSION. may deny the union access to the membership roll for other purposes. I think the proper place for the mem- No. 592 of 1983. bership roll is in the custody of the Secretary, as the Between Leslie Alan Semple Park, Applicant, and rules provide. the Secretary of the Western Australian As I have said, and I do not want to go to any Carpenters and Joiners, Bricklayers and Stone- lengthy repetition, he has an obligation to observe workers Industrial Union of Workers, Respon- the rules by affording an opportunity to inspect in dent. circumstances where a copy may be made if desired. Before His Honour the President D. J. O'Dea. (A reasonable time was then settled by the The 10th day of October, 1983. parties for the inspection of the Register of Mr L. A. S. Park on his own behalf. Members.) Mr T. H. Henderson appeared as the Acting Sec- I think it is necessary to make the order in specific retary of the Western Australian Carpenters and terms so it will be a requirement to grant inspection Joiners, Bricklayers and Stoneworkers Industrial at the settled time of 10.00 a.m. on Friday, 30th Union of Workers. September, 1983. Of course I have not attempted at this stage to spell out with precision the terms of the Reasons for Decision. order but it will be suitably framed to give effect to (Given extemporaneously, typed from transcript of what I have already indicated. proceedings as edited by His Honour.) Order accordingly. THE PRESIDENT: This application is made by one, Leslie Alan Semple Park, a member of the Western Australian Carpenters and Joiners, Bricklayers and Stoneworkers Industrial Union of Workers and al- leges non-compliance with an Order of the Com- mission as presently constituted issued on the 28th September, 1983 (Application No. 575 of 1983). BEFORE THE WESTERN AUSTRALIAN The Order was made on the basis of an earlier ap- INDUSTRIAL COMMISSION. plication and evidence was given that it was the practice to keep the record of membership by means of No. 575 of 1983. computer print-outs. There was also evidence that Between Leslie Alan Semple Park, Applicant, and the print-outs were changed periodically. That has the Secretary of the Western Australian been confirmed by what has been said in evidence Carpenters and Joiners, Bricklayers and Stone- today. What the Order directed the Secretary to pro- workers Industrial Union of Workers, Respon- duce on the previous occasion was, as rule 61 de- dent. scribes, the register of members. Before His Honour the President D. J. O'Dea. In practical terms, it appears that that is a thing Order. which changes its form from time to time. It is in the WHEREAS this matter came on for hearing before nature of a computer print-out and it is kept in the me on the 28th day of September, 1983 and I heard office. It is used by the staff for the purpose of Mr L. A. S. Park on his own behalf as well as Mr H. checking on the status of members. It is pretty obvi- C. Avis and Mr G. G. Young on behalf of the respon- ous from what was said then and now that it is dent as well as Mr T. H. Henderson; and whereas at usually in alphabetical order. the conclusion of the said hearing I delivered my Rule 61 of the registered rules of the union requires reasons for decision wherein I found that an order that: should issue in respect to the observance by the re- .. . the State Secretary shall:— spondent of the registered rules of the Western Aus- (1) compile and keep or cause to be com- tralian Carpenters and Joiners, Bricklayers and piled and kept the following records Stoneworkers Industrial Union of Workers; and which may at all reasonable times be in- whereas there has been settled without objection a spected by any member of the Branch reasonable time and place of observance; and and by any other person having an whereas an Acting Secretary has been duly appointed interest in the funds of the Branch: to perform the duties usually performed by the State Secretary of the said union; Now therefore, it is or- (1) a register of Members containing dered that rule 61 (1) (1) and rule 159 of the regis- the following particulars:— tered rules of the Western Australian Carpenters and (i) the name and postal ad- Joiners, Bricklayers and Stoneworkers Industrial dress of each member of Union of Workers be observed by the Acting Sec- the Branch; retary of the said union, Thomas Horatio Henderson, (ii) the Sub-Branch to which in that he allow Leslie Alan Semple Park, a member each member belongs; 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2231

(iii) the date when each mem- duced by the computer upon request with additional ber became or ceased to be information indicating those who were financial a member; members from those who were not, and it is in alpha- (iv) the manner in which each betical order. It is obviously possible to read that member ceased to be a document with greater facility than the one which member; has been produced in compliance with the Order. (v) the amount of the contri- However it is not possible to say that because of that butions or any levy or fine or because the document that was produced is not in payable by each member; alphabetical order, it was not the production of the "register of membership". For that reason I am un- (vi) the amount from time to able to reach any other conclusion but that the Order time paid by each member has been complied with and the rules have, in sub- by way of contributions, stance, been complied with. If, in the result, there has levies or fines and the date been difficulty for the applicant who obtained the when the same were so Order then it is regrettable but it is not, I think, a paid; matter which an Order of the Commission can be (vii) any other particulars re- invoked to correct. There seems to me to be no quired by the Act." breach of that Order. I think the only course open to the Commission is Rule 159.—Inspection of Records provides that:— that the application be dismissed. The books of account of the Branch and all Mr Henderson has given an assurance to the Court other records kept by it may at all reasonable that he has not and will not do anything in relation to times be inspected by any member of the Branch observance or non-observance of the rules which will and by any other person having an interest in the disadvantage Mr Park's group (I use his term) in this funds of the Branch. election. He might derive some satisfaction from that What is to be underlined there is "all other re- assurance. It is trite, I suppose, to say that the pos- cords". The record in this case has always been a ition of the Secretary, or the Acting Secretary reference to a register of members. carrying out that function, is obliged to comply with To the extent that the register is a particular docu- the rules at all times and further, that each member ment, it is a document which from time to time re- of the union is obliged to comply with the rules. A cords all those particulars of members of the union to public declaration of intention to do so proably does which as I have just read, the rule refers. not take the matter any further than the law requires A document has been produced, photocopies of by virtue of the fact that the rules exist and cast an which I have. The photocopies will be returned to the obligation on each person to carry them out. applicant at the end of this hearing. The document I think that is all it is necessary for me to say in reveals computer printouts of members' names and this matter. I have to deal with an application of this addresses and a considerable amount of detail. It kind by looking at what evidence there is to see seems to me, on the face of it, that it complies with whether there has been a breach of an Order, as al- the rule in the sense that it records at least all the in- leged, and whether there is an obligation cast on formation the rule provides for, and there may be somebody to carry out some part of the rules which other information as well. Of course, the difficulty of has not been met. If I find that then of course it is ap- extracting the relevant information depends upon propriate to direct them to do what the rules require. having the ability to read a computer print-out per- If the evidence shows that is not so then that is the haps with the aid of a key such as Mr Park produced. end of it. That difficulty would be evident whether the role The practical issues which form a background to was in alphabetical order or numerical order. If it is this application and the original application from in numerical order it is obvious that without the use which the Order issued is the existence of trouble of a master list which relates the number to the within the union and the present conduct of an elec- name, there would be some difficulty, but according tion within the union. That is a fact of life which does to the evidence the document comes from the central not play any direct part at all in these proceedings computer in one form or the other—usually it is al- but, as I said, it is a background. That being so, it is phabetical but occasionally, if I am to believe what necessary for all those who are concerned with the the Acting Secretary has said, it comes in numerical conduct of the election to abide by the rules. It is not order. On this occasion he says he made the request for particular candidates to be in any way obstructed for the information to be supplied in order that the or disadvantaged by non-observance of the rules. record be up to date and that it was supplied in the Equally, it is not for the Committee to be harassed by present form which is in numerical order and not al- frivolous complaints as to non-observance or breach phabetical order. of rules. I do not know whether the explanation for that is I am not referring to this application as being a as has been given, that it was the method adopted in friyolous complaint. As I said, the application has re- the print-out—that may be a sufficient explanation. I quired that the evidence be examined and, in the re- cannot assume that there was any malicious intent in sult I find that the Order has been complied with and producing it in that form. that the rules have been substantially observed. I Similarly, as to the existence of staples the Acting merely refer to the matter of complaints without sub- Secretary says he does not know whether they were stance or frivolous complaints because it is necessary there or not or why they were there. One can appreci- that each member of the union has a proper perspec- ate that in the course of photocopying they probably tive of the discretion of the Commission in matters of created some obstruction, but there is not sufficient this kind. It is not that the Commission is not con- before me to assume that that was done maliciously. cerned with minor breaches of the rules. It is. How- ever, the President is empowered by section 66 to In the final result the Order which required that make Orders and directions and to do so as a matter the record of membership of the union be produced of discretion where it is warranted that such an Order on the 30th, was complied with by the production of or direction be made. It is a discretionary power and a document which was obtained from the central it should only be used (and so far as I am concerned computer operation in the form that now appears be- will only be used) where it is necessary to ensure that fore me. Although that differs from the register of some wrong is avoided or necessary to ensure that membership produced for the Electoral Office, for someone who has a clear obligation to do something the purposes of conducting the election an expla- under the rules or by a previous Order of the Com- nation as to the difference is that that, too, was pro- mission, does it. 2232 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

I do not want to say any more. I think, for the The amendments arise from the provisions of the reasons I have outlined that the proper course is to Bread Act, 1982 which, by proclamation, came into dismiss the application, being satisfied that, in sub- effect on the 1st March, 1983. That Act amended the stance, the Order and the rules have been complied hours during which bread may be baked and, as will with. be mentioned later, the structure of the award is such that the provisions of the new Bread Act demand Order accordingly. that, the Award be amended. What is difficult to understand is that with the Bread Act, 1982 being as- sented to on 8th December, 1982, and when the new baking hours came into force in March last; the mat- BEFORE THE WESTERN AUSTRALIAN ter is only now before the Commission. That aside it INDUSTRIAL COMMISSION. is said that an effect of the amendment would be to increase the usual payment to a baker for his ordi- No. 592 of 1983. nary 40 hours of work from 51 hours to 55 V2 hours Between Leslie Alan Semple Park, Applicant, and per week. That increase of about 10 per cent is an in- the Secretary of the Western Australian crease in remuneration which is Estopped by the Carpenters and Joiners, Bricklayers and Stone- General Order of the Commission dated 26th workers Industrial Union of Workers, Respon- January, 1983 unless, of course, it is authorised by dent. the Commission in Court Session. That is said for Before His Honour the President D. J. O'Dea. what is proposed is clearly an increase in labour costs Order. for working 40 ordinary hours. What is not clear, in THIS matter having come on for hearing before me view of the structure of the award, is what moneys on the 10th day of October, 1983 and having heard would be payable if the award were not amended. It Mr L. A. S. Park on his own behalf and Mr T. H. may be, for example, that those working the new bak- Henderson appearing as the Acting Secretary of the ing hours since March 1983 are entitled to overtime Western Australian Carpenters and Joiners, Brick- rates in addition to payment for the ordinary 40 layers and Stoneworkers Industrial Union of Workers hours or are in breach of the award for working out- and judgment being delivered on the said 10th day of side the hours prescribed therein. October, 1983 where in I found that this application The provisions of Award No. 15 of 1961 are drawn should be dismissed and gave reasons therefore, it is having regard to what was contained in the now re- this day, the 10th day of October, 1983 ordered that pealed Bread Act 1903. Section 12 of that Act pre- the application be dismissed. scribed that, in the area covered by the instant award, bread shall be made or baked for sale only (Sgd.) D. J. O'DEA, during the hours and on the days specified in the rel- [L.S.] President. evant award (subsection (4)). In the exceptional or unforseen circumstances the Minister could grant authority to make or bake bread outside those specified times (subsection (6)(c)). The Bread Act now in force authorises the baking of bread— (i) from one minute past midnight on a Monday morning to 6.00 p.m. on that day; (ii) from 2.00 a.m. to 6.00 p.m. on any Tuesday or Wednesday; and AWARDS—Variation of— (iii) from one minute past midnight on a Thursday morning to 12 noon on the suc- BAKERS ceeding Saturday (Metropolitan). and the Minister, having regard to exceptional or un- foreseen circumstances, may authorise baking at Award No. 15 of 1961. other times (section 8). BEFORE THE WESTERN AUSTRALIAN Whilst it is accepted that the new Bread Act re- INDUSTRIAL COMMISSION. quires an amendment to the award it would appear that what is proposed by the parties does not go far No. 23 of 1983. enough in that the award would still contain pro- Between Bread Manufacturers (Perth and Suburbs) visions envisaging baking outside the hours author- Industrial Union of Employers of Western Aus- ised by the Act. To assist the parties a schedule of tralia, Applicant, and Western Australian amendments has been prepared which may remove Bakers, Pastrycooks and Confectioners Union of such inconsistencies. In connection therewith there is Workers, Respondent. some reservation with respect to paragraphs (c) and Before the Commission in Court Session Mr Senior (d) of subclause (3) and subclauses (5) and (10) of Commissioner D. E. Cort and Mr Commissioners B. Clause 7.—Hours. J. Collier and G. A. Johnson. The other change which is sought by the agreed The 13th day of September, 1983. schedule is a penalty rate of double time and a half Mr J. N. Uphill on behalf of the applicant. for work between midnight and 1.00 a.m. on a Mr J. J. Watterston on behalf of the respondent. Monday and between midnight and 2.00 a.m. on a Thursday. That is an earlier starting time than pre- Mr C. D. Lambert intervening on behalf of the viously allowed on a regular basis although it is noted Confederation of Western Australian Industry (Inc.). from the existing award that on the occasions when work was permitted from midnight, i.e. following a Reasons for Decision. holiday, only double time was payable. The history of THE SENIOR COMMISSIONER: The Bread the Award also tends to support such a rate and, in Manufacturers (Perth and Suburbs) Industrial this period of restraint on labour costs, we must be Union of Employers of Western Australia and the satisfied that a rate higher than double time is Western Australian Bakers, Pastrycooks and Confec- justified and should be authorised in the context of tioners Union of Workers are agreed that the Bakers the decision of the Commission in Court Session in (Metropolitan) Award No. 15 of 1961 be amended January 1983 (63 W.A.I.G. 257). That an agreement with respect to Clause 7.—Hours and, as a conse- has been reached is not of itself sufficient to obtain quence, Clause 10.—Holidays. that authorisation. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2233

We are told that discussion was undertaken be- BEFORE THE WESTERN AUSTRALIAN tween the Bread Manufacturers and the Union as INDUSTRIAL COMMISSION. long ago as February 1982, in relation to starting No. 23 of 1983. times in the industry. It is known that for many years Between Bread Manufacturers' (Perth and Suburbs) the starting time in bake houses has been a conten- Industrial Union of Employers of Western Aus- tious issue and invariably the fixation of an earlier tralia, Applicant, and West Australian Bakers', starting time has resulted in the payment of an ad- Pastrycooks' and Confectioners' Union of ditional penalty rate. Workers, Respondent. It is our understanding that it could be said that, Order. following the discussion, a consensus was reached with respect to the need to alter the Bread Act. Fi- HAVING heard Mr J. N. Uphill on behalf of the ap- nally, when the new Bread Act was approved by Par- plicant and Mr J. J. Watterston on behalf Of the re- liament there was a need to amend the Award in a spondent, the Commission in Court Session, pursu- number of respects and the fact that that was not ant to the powers conferred on it under the Industrial done at the time seems to us to have created an Arbitration Act, 1979 hereby orders— "exceptional problem" which we must now deal with That the Bakers (Metropolitan) Award No. 15 in the context of our policy of restraint on labour of 1961 be varied in accordance with the follow- costs. ing schedule and that such variation shall have Assuming for the moment that since March 1983 effect as from the beginning of the first pay work could be performed under the Award between period commencing on or after the date hereof. midnight and 1.00 a.m. on a Monday and between midnight and 2.00 a.m. on a Thursday and also that Dated at Perth this 7th day of October, 1983. overtime rates would apply with respect to that work then the weekly pay for a Baker would have been the By the Commission in Court Session. same as the 55 hours which is the consequence of the (Sgd.) D. CORT, agreement reached between the parties. Of course, [L.S.] Senior Commissioner. more hours could have been worked but it is our understanding that in the ordinary course the weeks work in this industry is performed within 40 hours. On that basis the weekly payment which we are being asked to authorise is no greater than that which Schedule. would have been required over the last six months. Otherwise stated, if there were no agreement between 1. Clause 5.—Scope: Delete this clause and insert the parties the Commission would have been re- in lieu:— quired to amend the award by reason of the provisions of the Bread Act and, if the previous starting 5.—Scope. times were retained, the payment to be made to an This award shall apply to the bread making in- employee starting work at midnight on the days men- dustry (being that industry in which bread as is tioned would be that we are now asked to authorise. defined in the Bread Act, 1982 is made) and to In this context it also follows that it would be all employers and workers of the classifications reasonable for us to expect that the change we have mentioned in Clause 8.—Wages hereof engaged been asked to make will not cause an increase in the in that industry, including any worker employed price of bread in that labour costs will not be in- by a bread manufacturer in the making of yeast creased as a consequence of that change. goods if such worker is in the course of that employment engaged in the making of bread or It is on our stated understandings and expectations Vienna bread. that we are prepared to authorise an amendment to the award although, in other circumstances, we would 2. Clause 7.—Hours: Delete this clause and insert have preferred to rationalise the penalty rates in the in lieu:— award. In that regard the record will show that the change to be made is a reflection of what is con- 7.—Hours. sidered fair and right by employers and employees (1) The ordinary hours of work, exclusive of engaged in this industry. meal intervals, shall be as follows:— The Minutes of the Proposed Order will now issue (a) In an ordinary week, 40 hours; and the parties will be given an opportunity to con- (b) In a week in which one award holiday sider the suggestions incorporated therein, and to in- occurs on an ordinary working day, 32 dicate whether we are correct in our understandings hours; and expectations. (c) In a week in which two award holidays occur on ordinary working days, 24 hours and shall be worked between the times set out in paragraph (a) of subclause (3) of this clause. (2) The hours of work each day shall be arranged to suit the requirements of the shop. (3) (a) For all workers, except when making doughs, the ordinary hours of work shall, subject to subclauses (4) and (5) hereof, be worked between:— (i) one minute past midnight on a Monday morning to 6.00 p.m. on that day; (ii) 2.00 a.m. to 6.00 p.m. on any Tuesday or Wednesday; (iii) one minute past midnight on a Thursday morning to 12 noon on that day; and (iv) 8.00 p.m. on the Thursday evening to 12 noon on Friday. 2234 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

(b) All work performed by other than count as part of the time worked and which shall doughmakers between 12.01 a.m. and 1.00 a.m. be taken at a time to suit the convenience of the on a Monday or between 12.01 a.m. and 2.00 a.m. employer, either before or after the time when on a Thursday, which is part of a worker's ordi- the entitlement accrues. nary hours, shall be paid for at the rate of double 3. Clause 8.—Wages: Delete subclause (3) of this time and one half and all work performed by clause and insert in lieu:— other than doughmakers between 1.00 a.m. and 3.00 a.m. on a Monday, between 2.00 a.m. and 5.00 a.m. on a Tuesday or Wednesday or between 8.—Wages. 2.00 a.m. and 5.00 a.m. on a Thursday, which is (3) (a) Workers, including apprentices, who part of a worker's ordinary hours, shall be paid are called upon to work outside of the prescribed for at the rate of double time for such time so hours in paragraph (a) of subclause (3) of Clause worked. 7.—Hours, while rebuilding operations or alter- (c) An additional amount, calculated at their ations of plant are in progress, or by permission hourly rate shall be paid to doughmakers for a of the Minister under paragraph (c) of sub-sec- period commencing at the starting time adopted tion (6) of section 12 of the Bread Act, 1903-1962 by other employees of their employer engaged in or under the provisions of subclause (6) of Clause bread making and baking and terminating at 7.—Hours hereof by reason of defective fermen- 3.00 a.m. on Monday and 5.00 a.m. on Tuesday, tation, shall be paid time and a half for all time Wednesday and Thursday. worked outside of the hours so prescribed. (d) Any worker making doughs may also make (b) Any time so worked shall be deemed to be yeast goods outside of the starting and finishing part of the ordinary weekly hours. times prescribed in paragraph (a) hereof, but no 4. Clause 9.—Overtime: Delete subclause (1) of this other worker shall make or be allowed to make clause and insert in lieu:— such goods outside the said times. (4) There shall be no fixed starting or finishing 9.—Overtime. time for a worker making dough. (1) All time, except any which stands alone, (5) Except as hereinafter provided no worker, worked in excess of the hours prescribed as a other than a worker making doughs, shall be al- week's work under subclause (1) of Clause lowed on the employer's premises more than half 7.—Hours, or outside the hours prescribed in an hour prior to the starting time: subclause (3) of the said clause shall be paid for at the rate of time and one half for the first three Provided that the employer and/or his foreman, hours and double time thereafter. or, if no foreman is available one worker acting in the place of such a foreman, shall be allowed 5. Clause 10.—Holidays and Annual Leave: Delete on the employer's premises and may work for this clause and insert in lieu:— one hour prior to the starting time, but shall not commence dividing or scaling off by machine or 10.—Holidays and Annual Leave. hand as the case may be. (1) The following day or days observed in lieu (6) No worker shall be allowed to resume work shall be granted as holidays without deduction of until he has had a clear six hours off. pay, namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, (7) A worker shall be paid a minimum of three Labour Day, Foundation Day, Sovereign's Birth- hours for any shift worked. day, Christmas Day and Boxing Day. (8) Any worker, other than a doughmaker, (2) (a) When Christmas Day or New Year's called upon to make a hand dough or doughs Day falls on a Saturday or Sunday, such holiday outside the prescribed starting or finishing times shall be observed on the next succeeding for less than the full shift, shall be allowed a Monday, and when Boxing Day falls on a Sunday minimum of three hours for the first dough and or Monday, such holiday shall be observed on thereafter the actual time worked and such time the next succeeding Tuesday, in each case the may be deducted from his working hours the fol- substituted day shall be deemed a holiday with- lowing day; otherwise overtime conditions at out deduction of pay, in lieu of the day for which doughmaker's rates for overtime shall be paid: it is substituted. Provided however, that any time necessarily (b) The normal penalty loading shall be paid spent in standing by shall be paid for. for the week in which Christmas Day and Boxing (9) Any worker, other than a doughmaker, Day falls, or are observed, on a Monday or called upon to make a dough or doughs with the Tuesday. assistance of a machine outside the prescribed (3) When Christmas Day falls on a Thursday starting and finishing times for less than a full and Boxing Day falls on a Friday, there shall be shift, shall be allowed one hour for the first a further starting time of not earlier than 8.00 dough containing 450 pounds or more flour and p.m. nor later than 10.00 p.m. on the Friday hol- thereafter shall be allowed the actual time en- iday, with a finishing time of not later than 12 gaged in the work: Provided that any time noon on Saturday. necessarily spent standing by, shall be paid for. Provided that notwithstanding anything in (10) Meal Time: A meal interval of not less this award elsewhere contained, any time so than 20 minutes nor more than 40 minutes, shall worked shall stand alone and be paid for at the be allowed to each worker after the completion rate of time and a half for the first four hours of not less than two and a half hours' work and and double time thereafter. not more than five hours' work. (4) The normal penalty loading shall be paid Any worker required to continue beyond the for the week in which Good Friday falls and the times prescribed, shall be paid at overtime rates week in which Easter Monday is celebrated. until the meal break is taken. (5) Except as hereinafter provided, a period of (11) Crib Time: After every four hours by four consecutive week's leave with payment of which the time worked by him in any shift ex- ordinary wages shall be allowed annually to a ceeds four hours, a worker shall be entitled to a worker by his employer after a period of 12 crib time or rest period of 10 minutes which shall months' continuous service with that employer. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(6) If any award holiday falls within a worker's Schedule. period of annual leave and is observed on a day Clause 20.—Special Rates and Conditions: Delete which in the case of that worker would have been subclause (17) of this clause and insert in lieu:— an ordinary working day, there shall be added to (17) (a) Where an employee is required and that period one day being an ordinary working authorised to use his own motor vehicle in the day for each such holiday observed as aforesaid. course of his duties he shall be paid an allowance (7) If after one month's continuous service in not less than that provided for in the table set any qualifying 12 monthly period a worker leaves out hereunder. Notwithstanding anything con- his employment or his employment is termin- tained in this subclause the employer and the ated by the employer through no fault of the employee may make any other arrangement as to worker, he shall be paid at the rate of 13 1/3 car allowance not less favourable to the em- hours' pay at the ordinary rate of wage in respect ployee. of each completed month of continuous service. •(b) Where an employee in the course of a (8) Any time in respect of which a worker is journey travels through two or more of the separ- absent from work except time for which he is en- ate areas, payment at the rates prescribed herein titled to claim sick pay or time spent on holidays shall be made at the appropriate rate applicable or annual leave as prescribed by this award shall to each of the separate areas traversed. not count for the purpose of determining his (c) A year for the purpose of this clause shall right to annual leave. commence on the 1st day of July and end on the (9) On any public holiday not prescribed as a 30th day of June next following. holiday under this award the employer's estab- Rates of hire for use of employee's own vehicle on lishment or place of business may be closed, in employer's business— which case a worker need not present himself for duty and payment may be deducted but if work Motor Car be done ordinary rates of pay shall apply. Engine (10) A worker who is justifiably dismissed for displacement misconduct shall not be entitled to the benefits (in cubic of the provision of this clause. Area and details centimetres) (11) The provisions of this clause shall not 1 BOOcc apply to jobbers. over and (12) Upon a worker's annual leave falling due, Distance travelled each year 1 600cc under he must take and be given same within three on employer's business: c/km c/km months thereafter, unless an agreement is Metropolitan Area: reached otherwise between the employer, the First 8 000 kilometres... worker and union and, except by such agree- Over 8 000 kilometres... ment, at least two weeks' notice shall be given to South West Land Division: each worker of the time when he will take his First 8 000 kilometres annual leave. By agreement between the em- Over 8 000 kilometres ployer, the union and the worker, such leave may North of 23.5 degrees South Latitude be given in two parts. First 8 000 kilometres (13) Notwithstanding anything else herein Over 8 000 kilometres contained, an employer who observes a Rest of the State: Christmas close-down for the purpose of First 8 000 kilometres granting annual leave, may require a worker to Over 8 000 kilometres take his annual leave in not more than two periods, but neither of such periods shall be less than one week. Motor Cycles

All Areas of State: First 8 000 kilometres.. Over 8 000 kilometres.. CLEANERS AND CARETAKERS. Award No. 12 of 1969. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 529 of 1983. Between Federated Miscellaneous Workers Union of Australia, Hospital, Service and Miscellaneous, W.A. Branch, Applicant, and Anglican Church and Others, Respondents. Order. HAVING heard Mr M. Williams on behalf of the applicant and Mr K. Farrell on behalf of the respondents and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Arbi- tration Act, 1979 hereby orders— That the Cleaners and Caretakers Award No. 12 of 1969 be varied in accordance with the following schedule and that such variation shall have effect as from the beginning of the first pay period commencing on or after the date hereof. Dated at Perth this 19th day of October, 1983. (Sgd.) G. A. JOHNSON, [L.S.] Commissioner. 2236 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

CLIFFS ROBE RIVER IRON ASSOCIATES, CLIFFS ROBE RIVER ASSOCIATES, IRON IRON ORE PRODUCTION AND PRO- ORE PRODUCTION AND PROCESSING. CESSING. Award No. 10 of 1979. Award No. 10 of 1979. BEFORE THE WESTERN AUSTRALIAN BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. No. C311 of 1983. No. 534 of 1983. Between Electrical Trades Union of Workers of Aus- Between Cliffs Robe River Iron Associates, Appli- tralia (Western Australian Branch), Perth, Ap- cant, and the Australian Workers' Union, West plicant, and Cliffs Robe River Iron Associates, Australian Branch, Industrial Union of Workers Respondent. and Others, Respondents. Order. Order. HAVING heard Mr F. Peat on behalf of the appli- HAVING heard Mr D. G. Moss on behalf of the ap- cant and Mr D. G. Moss on behalf of the respondent plicant and Mr M. C. Hall and Mr F. Peat on behalf and by consent, the Commission, pursuant to the of the respondents and by consent, the Commission, powers conferred on it under the Industrial Arbi- pursuant to the powers conferred on it under the In- tration Act, 1979 hereby orders— dustrial Arbitration Act, 1979 hereby orders— That the C.R.R.I.A. Iron Ore Production and That the C.R.R.I.A. Iron Ore Production and Processing Award No. 10 of 1979 be varied in ac- Processing Award No. 10 of 1979 be varied in accordance with the following schedule and that cordance with the following schedule and that such variation shall have effect on and from the such variation shall have effect on and from the date hereof. date hereof. Dated at Perth this-27th day of October, 1983. Dated at Perth this 27th day of October, 1983. (Sgd.) G. G. HALLIWELL, (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. [L.S.] Commissioner.

Schedule. (1) Schedule II—Procedure For Permanent Transfers—Electrical Trades Union Cape Lambert: Schedule. (a) Delete subclause (1) and insert in lieu:— (1) All workers are eligible to apply for Clause 22.—Sick Leave: Delete subclause (1) of Transfer but preference will be given to this Clause and insert in lieu— applicants with the longest current service (1) (a) Subject to the provisions of this clause in any section of the Electrical Depart- an employee is entitled to payment for non-at- ment. tendance on the grounds of personal ill-health for two weeks in each year of service which will When a shift position becomes vacant accrue at the rate of one-sixth of a week for each in a section that requires shift coverage, completed month of service with the employer. day workers will be given first preference of the shift position on a length of current (b) Payment for all sick leave (including pay- service basis in that particular section. ment for such leave on the 21st shift) shall he made on the basis described in Clause 18 (5) for (b) Delete subclause (6) and insert in lieu:— ordinary wages (Clause 35) plus service pay (6) If within a two month period it is (Clause 33) and district allowance (Clause 24). mutually agreed by Company and Union Payment of sick leave on the designated 21st representatives that the successful appli- shift will be made to the employee where he has cant for a new position is not fulfilling his sick leave entitlement and the employee may not sectional obligations, then a joint elect non-payment. Union/Management enquiry will be con- (c) There is no entitlement to paid sick leave ducted to determine the reason for non- under this clause where an employee is ill on a performance of the new appointee. leisure day, but credits accrued towards the The conclusions of the enquiry will be leisure day will be paid. communicated to the new appointee and a (d) Sick leave shall not be paid for any period recommended course of action prepared during which an employee received benefits to improve his job performance and a date under the CRRIA Life Sickness and Accident will be set by which he is required to meet Benefit Plan. sectional obligations. Failure for the second time, to meet these obligations, will result in his transfer to a mutually agreed, more suitable section within the Company. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2237

plywood and veneer workers'. Cancellations of Orders—

Award No. 24 of 1952. BEFORE THE WESTERN AUSTRALIAN BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. No. 437 of 1983. No. 368 of 1983. Between Transfield (W.A.) Pty. Ltd. and others, Ap- Betwee United Timber Yards, Sawmills and Wood- plicants, and Amalgamated Metal Workers and workers Employees' Union of Western Australia, Shipwrights' Union of Western Australia and Applicant, and Wesply-Wesboro Industries, Re- Electrical Trades Union of Workers of Australia spondent. (Western Australian Branch), Perth, Respon- Order. dents. HAVING heard Mr A. R. Beech on behalf of the ap- Before Mr Commissioner B. J. Collier. plicant and Mr B. P. McCarthy on behalf of the re- The 27th day of October, 1983. spondent and by consent, the Commission, pursuant Mr G. R. Gillies on behalf of the applicants. to the powers conferred on it under the Industrial Ar- Mr D. W. Skipworth on behalf of the Amalgamated bitration Act, 1979 hereby orders— Metal Workers and Shipwrights' Union of Western That the Plywood and Veneer Workers' Australia. Award No. 24 of 1952 be varied in accordance Mr W. Palmer on behalf of the Electrical Trades with the following schedule and that such vari- Union of Workers of Australia (Western Australian ation shall have effect on and from the date Branch), Perth. hereof. Dated at Perth this 27th day of October, 1983. Reasons for Decision (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner. THE COMMISSIONER: By this application a number of respondents to the Order known as the "Metal Trades (Wagerup Alumina Refinery) Con- struction Order" as amended seek its cancellation. Schedule. (1) Cause 2.—Arrangement: Add after The reason advanced for its termination is that the 29.—Protective Clothing the following:— construction of the Wagerup refinery was completed 30.—Right of Entry. in May 1982 and that there is every likelihood that production will commence early next year. It is said Add a new clause, 30.—Right of Entry in the fol- that a large proportion of the commissioning work lowing terms:— has been completed including the mine site conveyor. 30.—Right of Entry. It is proposed that the remainder of the com- (1) Accredited representatives of the Union missioning will be done by employees of Alcoa of shall be permitted to interview the workers on Australia and where technical assistance is needed the business premises of the employer during contractors will be utilised. The Commission was in- non-working times or meal breaks. formed that there are no contractors on the site at (2) In the case of a dispute between the Union present and the site allowances which came about be- and an employer which is likely to lead to a cause of the construction of a large refinery are cessation of work or to an application to the simply no longer relevant. The Commission was Court and which involves the inspection of further informed that it was the intention of Alcoa of workers or of machines in the process of pro- Australia to bring the new refinery into line with the duction, such Union representatives shall have conditions and allowances which apply at both the right of entry into the factory at any time Pinjarra and Kwinana but retain the type of during which the workers or machines concerned travelling allowances which apply at the Wagerup are working, but this permission shall not be ex- refinery. ercised without the consent of the employer more than once in any one week. The Amalgamated Metal Workers and Ship- (3) Provided that the duly accredited rep- wrights' Union of Western Australia and Electrical resentative shall notify the employer beforehand Trades Union of Workers of Australia (Western Aus- of his intention to exercise his rights under this tralian Branch), Perth who are the respondents to clause. the application dispute the contention that construction work has finished at the refinery and, simply stated, see this as an application to decrease rates to those employees who will still be required to carry out construction work. I am satisfied that the construction of the Wagerup refinery, in the sense that it is a major construction project, has been completed and the conditions obtaining now are not the same as those which at- tracted the terms of the Order which the respondents seek to cancel. In that event the tidiest action is for the Commission to cancel the Order. Another application can be made by any part for an Order to cater for employees of contractors whom it is thought might be engaged on future "construction work". Any allowances awarded in addition to those already prescribed by relevant awards would depend on the Commission's assessment of the present conditions on the site. The Minutes of the proposed Order will now issue. 2238 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 123rd November, 1983

BEFORE THE WESTERN AUSTRALIAN Each party was invited to supply written sub- INDUSTRIAL COMMISSION. missions as whether or not the additional evidence of No. 437 of 1983. Mr Lee should be admitted. The Defendant declined so do so, the Federation through Counsel made sub- Between Transfield (W.A.) Pty. Ltd. and others, Ap- missions. plicants, and Amalgamated Metal Workers and Shipwrights' Union of Western Australia and I have duly considered the cases and submissions Electrical Trades Union of Workers of Australia and am of the view that the evidence should be ad- (Western Australian Branch), Perth, Respon- mitted. dents. The Defence had not raised the issue and upon my Order. raising the point Counsel for the Federation made the application now being considered. It was a matter HAVING heard Mr G. R. Gillies on behalf of the ap- which the Federation may have considered not to be plicants and Mr D. W. Skipworth on behalf of the in issue or through inadvertence overlooked calling Amalgamated Metal Workers and Shipwrights' such evidence. The evidence was clearly available Union of Western Australia and Mr W. Palmer on and in my view it would be unjust to preclude it on behalf of the Electrical Trades Union of Workers of what might be called a slip or mere technicality. Australia (Western Australian Branch), Perth, the Commission, pursuant to the powers conferred on it On the evidence I am thus satisfied that Mr Lee under the Industrial Arbitration Act, 1979, hereby possessed the required membership up to and includ- orders— ing 13th August, 1982. That the "Metal Trades (Wagerup Alumina I am thus of the view that an appropriate order Refinery) Construction Order" as amended be cannot be made in relation to Complaint No. 400/83 cancelled. as Mr Lee was not at the relevant time a member of the appropriate union. Dated at Perth this 1st day of November, 1983. As to the remaining complaints an order could be (Sgd.) B. J. COLLIER, made up to and including 13th August, 1982 but not [L.S.] Commissioner. beyond. As to the rate of pay of a leading hand I am satisfied that Mr Lee supervised at least eight persons and thus would be entitled to the rate under Clause 9 (4)(iii). In view of my findings it would appear that the schedules to the Complaints will have to be recalculated. As this is essentially a question of arith- INDUSTRIAL MAGISTRATE— metic I will allow the parties an opportunity to settle Complaints Before— them, if they cannot I will allow liberty to apply. BEFORE THE INDUSTRIAL MAGISTRATE AT PERTH. Complaint Nos. 399 to 403 of 1983. Between Operative Plasterers and Plaster Workers Federation, Complainant, and Bates and Parker Nominees Pty. Ltd. as the Trustee of the Jericohn Unit Trust trading as Swan Modelling Works, Defendant. Before Industrial Magistrate K. F. Chapman Esq., S. M. SO/i EDS OF POFEIENCE— The 21st day of October, 1983. Decisions of—• Reasons for Decision. THE MAGISTRATE: During the course of my BEFORE A BOARD OF REFERENCE. reasons I raised the question of section 119 (3) of the In the matter of the "Hospital Salaried Officers Conciliation and Arbitration Act, 1904 (as amended) Award, 1968" No. 39 of 1968 and in the matter of and in particular the lack of any direct evidence es- a Board of Reference thereunder and in the mat- tablishing that Mr Lee was a member of the relevant ter of a dispute concerning the ordinary working Union. hours of pharmacists: between Princess I was invited to draw an inference from- the fact Margaret Hospital for Children, Applicant, and that as the Union had taken the matter up that Mr Hospital Salaried Officers Association of West- Lee was thus a member. ern Australia (Union of Workers), Respondent. I was not prepared to draw such inference particu- Before: Mr K. Scapin, Chairman; larly in view of section 119(1). It is my view that Mr Mr A. G. Barker, Employee's Representative; Lee could not have brought the actions himself and it Mr S. G. Erceg, Employer's Representative. might well be that the Federation were thus The 11th day of October, 1983. interested in becoming involved in an endeavour to have the employer comply with the Award. There Mr A. D. Lucev on behalf of the applicant. may also have been other reasons as to why the Fed- Mr J. Kirwan on behalf of the respondent. eration may have wished to have been involved over Determination. and above the membership of Mr Lee. MR SCAPIN: This Board has been convened on the Counsel for the Federation invited me to allow application of the Princess Margaret Hospital For further evidence to be led to establish that the appro- Children pursuant to Clause 13(2)(c) of the "Hospital priate membership was held. Salaried Officers Award, 1968" No. 39 of 1968. I wished to consider this application further and Insofar as is applicable subelause (2) reads as follows: for the convenience of the parties and with their con- (2) (a) A worker shall not be required to work sent Mr Lee was recalled and gave his evidence. The his ordinary hours on ... a Saturday or evidence was only to be admitted for the purpose of on a Sunday unless the employer and this matter if I considered that it was appropriate to the union agree that the hours may be be led. so worked. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 223!

(b) If the union and the employer agree, the Strangely, the respondent did not reply to the appli- ordinary hours of work ... may be cant's letter of 18th June, 1974. In the proceedings worked on a roster that provides for an before this Board, the respondent could not explain average of ... 37 'A hours per week ... why it did not respond to that letter. In the absence over each roster period. Such roster of any such response, the applicant altered the hours may provide that the hours of work of work of its salaried pharmacists to those of a day need not be worked on five consecutive shift worker rostered to work ordinary hours on any days. five of the seven days of the week, commencing in (c) Failing agreement, the matters referred June 1974 (albeit without the agreement of the to in paragraphs (a) or (b) of this union). This situation continued, unchallenged, until subclause may be determined by the November 1981. Board of Reference. The applicant seeks to convert the working hours On 23rd November, 1981, the respondent wrote to of the hospital's pharmacists from those of a day the applicant expressing dissatisfaction about the worker to those of a day shift worker working ordi- hours of work of the pharmacists and demanded that nary hours on a roster basis of any five of the seven unless the hospital was prepared to accept the As- days of the week. The relevant provisions of Clause 6 sociation's conditions as set out in its letter of 18th of the award are as follows: December, 1973, (Exhibit 6), then the hospital must (5) "Day Worker" means a worker who works pay overtime rates for all out of hours work being his ordinary hours from Monday to Friday performed by the pharmacists or, alternatively, grant inclusive and who commences work on such time off in lieu (Exhibit 9). After protracted corre- days after 6.00 a.m. and before 12 noon. spondence between the parties, the Association finally, on 14th May, 1982, issued an ultimatum to (6) "Shift Worker" means a worker who is not a the hospital that unless the hospital paid the phar- day worker as defined. macists the appropriate overtime rates or granted The respondent, on the other hand, argues that it time off in lieu in accordance with the overtime pro- is not opposed to the pharmacists working rostered visions of the award, the Association would prosecute overtime on Saturdays and Sundays or to the em- the hospital for breach of the award (Exhibit 9). ployment of part-time pharmacists on weekend work, but it is strongly opposed to rostering the pharma- In June 1982, the hospital ceased the rostering of cists to work ordinary hours on Saturdays and its pharmacists for ordinary hours on any five of the Sundays on a shift work basis because it regards shift seven days of the week. work as being more onerous (on the pharmacists) than either of the aforementioned alternatives. As from June 1982, the pharmacists have been paid (Transcript, p. 104.) overtime in accordance with the award for all hours The facts are these. The hospital requires its phar- worked outside of ordinary hours, Monday to Friday macists to provide a weekend service (during ordi- inclusive. In other words, since June 1982 the phar- nary hours) to the community for two main reasons. macists have worked strictly in accordance with the One, is so that the hospital can maintain an Accident definition of "day worker"—Clause 6(5) of the and Emergency Department for the treatment of award. children who have suffered injuries or accidents, or who are particularly sick with some medical com- The more detailed facts are these. Weekend work plaint. The other, is to provide a Primary Care Clinic. was introduced into the hospital's pharmacy in 1970 This is a general practice type of service for children and the pharmacists were paid overtime for all work with coughs, colds and minor ailments—the sort of performed on the weekend. The hours were 8.00 a.m. things that would normally cause a parent to take his to 5.00 p.m. Demand became so great that the phar- child to a general practitioner. However, because of macy increased the service from 8.00 a.m. to 10.00 the difficulty in obtaining the services of a general p.m. The Board was not told when those extended practitioner during normal hours on weekends, Prin- hours commenced but they operated until February cess Margaret Hospital has had to fill the need for 1981, when the hours were reduced to 7.00 a.m. to this type of service. These services are being fully 6.00 p.m. Initially the pharmacist on roster worked utilised by the community. both Saturday and Sunday. Later this was reduced to The question of rostering pharmacists to work or- one day per weekend. The pharmacist was working dinary working hours on Saturdays and Sundays was every third weekend. formally raised by the applicant in a letter to the respondent date 17th September, 1973, (Exhibit 6). The reason for utilising the services of the pharma- The respondent replied in a letter dated 18 cists in this manner was explained by the Chief Phar- December 1973 (Exhibit 6) in which it agreed to the macist who has been continuously employed in the pharmacists being rostered on Saturdays and pharmacy of Princess Margaret Hospital since about Sundays subject, however, to three conditions, 1957. The service was introduced because of some namely— problems which had arisen due to the issuance of (1) the applicant provide the respondent with a medication by medical staff—after hours. roster, giving full details of the hours of duty and the alternative days off duty; At one stage the pharmacists were working ex- (2) the pharmacist so rostered be paid the ap- tremely long hours. For example, a pharmacist would propriate shift loading; and work Monday, Tuesday, Wednesday, Thursday, (3) the pharmacists be granted an additional Friday (7'A hours each day); 14 hours on Saturday week's annual leave to compensate for being and 13 hours on Sunday (both days); Monday, regularly rostered to work Saturdays and Tuesday, Wednesday (7'A hours each day); and then Sundays. have Thursday, Friday, Saturday and Sunday off In reply to the respondent's letter of 18th duty, and start work again on the following Monday. December, 1973, the applicant wrote on 18th June, In other words, 10 days straight, not overlooking the 1974, enclosing a copy of the roster as requested and long hours on Saturday and Sunday. agreeing to the payment of the appropriate shift loading (Exhibit 6). The applicant, however, refused Many different combinations of hours were worked to grant the additional week's annual leave on the by the pharmacists over the period from 1970 to June grounds, so this Board was told, that the award did 1982, including, as has already been said, the working not provide for the additional week's leave. of ordinary hours on the basis of any five of the seven 29521—3 2240 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983 days of the week between June 1974 and June 1982. number of officers worked their ordinary hours Since February 1981 the spread of hours has been as between these times, a hospital could work em- follows— ployees outside of those hours and at unreason- / 7.00 a.m.—3.15 p.m. \ able times. Be that as it may, nothing has been Monday to J 8.30 a.m.—4.45 p.m. I 11 hour advanced to show that advantage has been taken Friday 1 9.00 a.m.—5.15 p.m. f spread of the existing right in the award and, if any- 9.45 a.m.—6.00 p.m. thing, the proceedings revealed that hospital Saturday f 9.00 a.m.—6.00 p.m. 1 Dispensary Sterile administration is conscious of and sympathetic and Sunday 110.00 a.m.—3.00 p.m. / Work Station to the wellbeing of their employees in relation to From June 1974 until June 1982, two pharmacists hours of work, subject of course to the proper were employed each Saturday. Prior to June 1982 one and adequate treatment and care of patients. In of those pharmacists was rostered to work ordinary fact, certain evidence introduced by the appli- hours from 9.00 a.m. to 6.00 p.m. and was engaged in cant revealed the need for some "day workers" dispensing. He was paid the appropriate shift loading to work outside of the aforementioned starting plus overtime. The other pharmacist was employed and finishing times . .. to prepare total parental nutrition formulae (TPN's) The following extract from the same decision is re- and peritoneal dialysis fluids. The services of this lated to the working of ordinary hours of officers in second pharmacist engaged in making up the special- shifts throughout the 24 hours of any five of the ised preparations, was, and still is, generally only re- seven days of the week which is quite different from quired for about five hours from 10.00 a.m. to 3.00 the facts in the instant case. The same extract, how- p.m., and he has been paid overtime. The same situ- ever, contains the Commission's comments on other ation applied each Sunday, but two different phar- considerations relating to "hours" which are perti- macists were involved. nent to the matter before the Board in the instant Since June 1982 each of the four pharmacists case— involved each weekend has been required to work a It remains to determine whether the award normal week from Monday to Friday inclusive and in should permit the ordinary hours of officers to addition is paid overtime for work performed on a be worked in shifts throughout the 24 hours of Saturday or Sunday. They are still performing the any five of the seven days of the week. same duties and working the same hours as described At the outset it should be said that I approach in the preceding paragraph. this matter with somewhat mixed feelings. The It is important, I think, in deciding this issue, to applicant concedes that it is proper for some have regard to the judgment of the Commission when officers to be required to work such shifts but ar- this award governing the conditions of employment gues that there is no reason for the award to proof the pharmacists (Award No. 39 of 1968) was de- vide for all officers to so work. It follows that the livered in December 1968 (49 W.A.I.G. 376), where basic question to be determined is whether the the Commission stated—insofar as is material— employer should have the right to determine (Explanatory interpolations have been in- whether any of its officers should from time to serted in the following to make the quotation time work these types of shifts or whether the more easily understood). Commission should be satisfied in each case that .. . The main matters remaining in dispute for it is reasonable for officers to so work. consideration by the Commission are in respect Let it be said that, at first, I was inclined to of hours, overtime and shift work... the view that the approach of the respondents . . . the industry under consideration is one which was to be preferred to that adopted by the appli- is vital to the health and wellbeing of the com- cant. This was so for a number of reasons which munity. The persons employed therein are re- in the circumstances need not be outlined in any quired to be available for the purpose of supply- detail. However, for the benefit of the parties the ing a service to the public and, from what has following were included in those reaons:— been said in those proceedings, those persons are well aware of their responsibilities and are (1) Section 61(2)(a) and (b) of the Indus- willing to meet the needs of the hospitals. In this trial Arbitration Act (section 23(3)(a)(i) latter respect the respondents (the hospitals) do and (ii) of the Industrial Arbitration not appear to have made unnecessary demands Act, 1979) states that the Commission on their employees and all concerned seem to shall not prohibit the employment of work together for the benefit of the community workers on any day of the week or pro- with the common knowledge of the problems hibit shift work in any industry. involved. However, this Commission should (2) The industry under review services the maintain fair and reasonable conditions of em- community throughout all hours of ployment for employees and will endeavour to do every day and night and the persons en- so without placing an unreasonable burden on gaged in the industry must be available the community ... to a greater or lesser extent at all times . . . the parties are deeply divided on the question to provide that service. of hours and some of the submissions appear to (3) At present officers are required to work give support to that impression. However, other regular overtime, and from time to time submissions and in particular the evidence indi- excessively long hours, with the added cate that on a closer analysis there is, for all inconvenience of being "on-call." This practical purposes, little difference of opinion could be avoided, at least to some de- between the respective points of view. It may be gree, if officers were rostered to work at said that it is recognised that there is aneed for night and at weekends, and when the the persons covered by the award to work at all very nature of the work in an industry is Hours to provide a service at all times that it is such that work is required at all times it required and the real difference of opinion lies in is preferable for it to be performed in how best this may be done ... ordinary hours. The next question to be considered is whether the ordinary hours of day workers would be (4) The evidence reveals a reasonable ap- worked between 8.30 a.m. and 5.00 p.m., Monday proach by the persons in charge to the to Friday inclusive. Mr Kildea (for the applicant question of working hours and advan- union—Hospital Salaried Officers Association) tage has not been taken of the present referred to the fact that, although a substantial right to work shift work, but this may 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

have been brought about by the word- However, it was made quite clear to the Board that ing of the relevant subclause and, in the pharmacists were well aware of their particular, the proviso relating to on- responsibilities in an industry which, I here call duty. interpolate to say, is important to the health and wellbeing of the community, and the applicant raised (5) Workers covered by other awards in no objection to their being required to work on this industry may be worked the hours Saturdays and Sundays. The Board, therefore, was sought by the respondents. not required to decide that matter. However, there is merit in the contention of The question for this Board is, therefore, should the applicant that the respondents should be re- the ordinary hours of the pharmacists be changed quired to give some indication of the extent~to and, if so, what should be the ordinary hours? which shifts of any kind are proposed. Appar- It is my view that the Commission, in delivering ently the union has not been able to ascertain this award, intended that the Board of Reference any real information on this question and for should adopt the role of "watchdog" to protect the this reason may have been somewhat wary of the interests of the employees if and when the question suggestion which otherwise may have been quite arose, as it has done now, of changing established and reasonable. It is relevant that a similar question long-recognised hours of employment from a Monday was under consideration in 1961 and, in the de- to Friday basis to that of working any five days of the cision, it was said— week. The next issue is the respondent's claim In this case the employing authority is not vested to extend the Monday to Friday hours basis with an unfettered discretion to change the ordinary to any five days in seven in respect to working hours of its salaried pharmacists. It may certain designations . . . The question of only do so if the union agrees or in default of that changing established and long recognised agreement, if the Board of Reference so permits hours of employment from a Monday to (Clause 13 (2)). To hold, as the applicant did Friday basis to that of working any five days (transcript, p. 18), that the hospital has the mana- of the week is a major change in the circum- gerial prerogative to change the ordinary working stances of employment which requires a full hours of the hospital pharmacists is, in my view, knowledge of the extent to which such a pro- plainly not sustainable under the terms of the award. posal would have application, and the man- The past experience of the hospital's ner in which it would be applied before one administration, evidenced through the applicant's could approve of its acceptance. With the witnesses, demonstrated that the employment of exception of one of the proposed new desig- part-time pharmacists for weekend work over a nations, the claims submitted on behalf of period of about two years proved to be impractical the balance has been in too nebulous a form because of the shortage of pharmacists trained in the to give serious consideration. There are no highly specialised work of making up special prep- concrete proposals as to how, when, or where arations and the dispensing of drugs for children such hours would in fact be worked, and being performed at Princess Margaret Hospital. I am without more precise submissions, I would satisfied that the employment of part-time pharma- not consider making such a change. (41 cists is not to be preferred to the system of rostering W.A.I.G. 590 at p. 595.) the hospital's salaries pharmacists for ordinary hours and in relation to the present proceedings it is on a Saturday or Sunday for the purpose of perhaps sufficient to remark that little weight dispensing drugs or the making up of special prep- has been given to what was then said. In reality arations. little or no real information was produced by the I am satisfied too, on the evidence of the hospital's respondents "as to~Eow, when, or where such witnesses, that it is impractical to occupy the time of hours would in facFbe worked" and it is perhaps busy medical staff with the additional task of fortunate for them that section 61 of the Act dispensing drugs. Additionally, evidence was ad- (now section 23) is worded as it is and that, in duced by the applicant that it was not altogether wise the main, the applicant's witnesses in examin- for medical staff to be involved in the dispensing of ation in chief discussed in some detail the unfamiliar drugs because of the attendant risk of er- responsibilities and work of hospital salaried rors occurring, particularly in busy periods. Remem- officers. bering of course that this was the very reason why I have concluded that a worker may only be re- pharmacists were rostered, in the first place in 1970, quired to work his ordinary hours on an after- for weekend work, that is, to overcome the problem noon or night shift or on a Saturday or on a of serious mistakes occurring in the prescription of Sunday if the union agrees or in default of that medication by persons other than pharmacists. The agreement, if the Board oF Reference so per- making up of the special preparations is carried out "rnlts . . . (The emphasis is mine.) in a sterile work station area which is another import- Keeping in mind the above judgment, I turn now to ant reason why it is impractical for this work to be consider the case presented to this board. undertaken by busy medical staff. In its judgment referred to above, the Commission The next alternative suggested by the respondent refrained from changing the hours of employment in was the payment of overtime to the pharmacists for the award because of the lack of information pro- weekend work. duced by the hospitals to demonstrate how, when or The hospital's deputy administrator said in his evi- where shifts of any kind were proposed. It could not dence (transcript, p. 33) that the system of employing be said that there was any such lack of information in the pharmacists to work ordinary hours on any five of the instant case. The salaried pharmacists at Prin- the seven days of the week was the most economical cess Margaret Hospital were employed for eight years and efficient method of providing that particular ser- as day shift workers rostered to work ordinary hours vice to the community. The respondent agreed that on any five of the seven days in the week. This Board the costs for working shift work as opposed to had ample knowledge of the effect of the change in overtime are less. (Transcript, p. 116.) hours. The hospital's Board of Management is well satisfied that, given its financial restraints, it is pro- In support of its argument that weekend work was viding an economical health service to a community more onerous than either of its proposed two alterna- which, as the evidence demonstrated, has an obvious tives, namely, paid overtime or the employment of need for the service because It is being so well pa- part-time staff, the respondent instanced the matter tronised. of the loss by the pharmacists of their weekend 2242 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983 leisure activities. (Transcript, p. 114.) In considering I can find no reason to deny the hospital the oppor- that matter it must first of all be said that it is in con- tunity to run its business in the most efficient and tradiction of the pharmacists' own evidence that they economical way, bearing in mind that the funding of are prepared to work weekends—provided they are Princess Margaret Hospital facilities is principally paid at overtime rates. Secondly, as day shift from the public purse. The hospital's proposal does workers, because they would only be working on any not, in my opinion which is based on the nature of five of the seven days in the week, they would in the industry involved, make unnecessary or unfair point of fact then be working fewer hours than they demands on the pharmacists. are currently working and hence enjoy the benefit of I would grant the application to change the work- more leisure time though not necessarily in the week- ing hours of the hospital's salaried pharmacists to ends. Whilst they are being employed on overtime for those of a day shift worker working ordinary hours on weekends they are working in excess of five of the a roster basis of any five of the seven days of the seven days of the week. Thirdly, the very nature of week. the work in the industry is such that work is required at all times. That defence strikes me as being unac- However, evidence indicates that the pharmacist ceptable in that from June 1974 they worked their or- responsible for the preparation of parental nutrition dinary hours on a roster basis of any five of the seven formulae is not generally required to work a full shift days of the week, which entailed working every third on either Saturday or Sunday. Until the system of weekend (without the agreement of the union) and daily production is changed to ensure that this per- were not heard to complain until November 1981. If son is regularly required to work a full shift on either they were so concerned at the alleged injustice, they day, or on completion of his work he is required to as- had eight years in which to complain yet nothing was sist with dispensing arising from increased patient heard from them during that time. It was, in my view, demand, the pharmacist concerned should be com- a dredging up of matters for the sake of a defence. I pensated at overtime rates for any weekend work am not persuaded to the respondent's point of view performed. by that argument. MR ERCEG: I agree with the decision of the Chair- man and have nothing further to add. What is to be decided by the Board in this matter is whether in the conduct of its business the employer MR BARKER: I have had the opportunity of reading has acted in a manner which is harsh or unjust to the the decision of the Chairman in this matter. While I worker. concur with some of the reasons given in his decision, I wish to add the following further comments. As the above description of the events leading up to the present dispute indicates, the hospital has The hospital industry is one which, of necessity, significantly reduced the working hours of the phar- must provide a 24 hour/seven day week service. macy. Since 1970 the hospital has employed ad- In order to provide that service, it is necessary for ditional pharmacists. Whilst it is appreciated that staff to be rostered on duty at times when the com- this action was not entirely effected for the purpose munity at large is generally participating in social or of reducing the working hours of the pharmacists family activities. (increasing demand on the hospital's services and the I have no doubt that the requirement to provide introduction of the roster scheme for pharmacists this around the clock service places stress and strain dictated to some extent the employment of ad- on all staff involved. ditional pharmacists), nevertheless it has achieved that result. In addition the pharmacy now closes at However, the stress and disruption to the private 6.00 p.m. weekdays (Monday to Friday) in lieu of and family life of these workers, can be seen to be in- 10.00 p.m. as previously. creased or minimised, dependent upon the numbers of staff involved in providing that service. In my view, the applicant has clealry demonstrated a justifiable reason to change the ordinary working Due to a number of factors in our present society, hours of its salaried pharmacists. The need exists for e.g., the greater scope of leisure and sporting activi- the service provided by the pharmacists; it is more ties, the larger numbers and more powerful motor ve- economical for the hospital to roster the pharmacists hicles on our roads, the trend of General Prac- to work ordinary hours on any five of the seven days titioners to provide only a Monday to Friday service, of the week than to pay overtime; and rostering the etc., coupled with the economic necessity to have pharmacists in that way will result in them having to patients discharged from hospital in the shortest work fewer hours than they are currently working. possible time, there are ever increasing pressures for The union has not said that it is unreasonable for the the smaller groups of professionals involved in the pharmacists to work the hours proposed by the hos- hospital industry to also provide a 24 hour service. pital, in fact on the union's proposal to pay overtime Because of the limited numbers involved in these the pharmacists would be working much longer hours areas, the burden of providing this after hours service consequently would enjoy less leisure time. becomes a far greater one than for the majority of The hospital says it has sufficient pharmacists to staff employed in the hospital service. man the proposed roster. Allowing for days off duty, It seems to me, therefore, that it would not he un- the roster provides for at least six pharmacists to be reasonable if consideration were to be given by the on duty each weekday, Monday to Friday, and on hospitals and their industrial advisors towards nego- some days—seven. That, according to the Deputy tiating special conditions for these workers outside Administrator of the hospital, is adequate for the what may be considered normal conditions for out of hospital's needs. (Transcript, p. 157.) hours service. Currently, each pharmacist can expect to work every third weekend. If the number of pharmacists The requirement for staff to be rostered on duty available is depleted through, say, illness, it can re- every second weekend (more frequent when allow- sult in a pharmacist working two weekends out of ance is made for absences due to annual leave, sick three. (Transcript, pp. 67/68.) It is true that in work- leave and long service leave) must, in my view, cause ing weekends, the pharmacists are working on days a substantial disruption to the family life of those during which most members of the community are at concerned, particularly where there are children in leisure. However, from what was said in the proceed- the family. ings before this Board, the pharmacists are well In the particular case in question, it would seem aware of their responsibilities to be available for the from the evidence that this dispute may never have purpose of supplying a service to the public and are arisen had the applicant hospital in these proceed- willing to meet the needs of the hospital. ings been permitted to grant the additional week's 23rd November, 1983] W 3 leave claimed by the respondent Association when BEFORE THE WESTERN AUSTRALIAN the scheme was first introduced as additional com- INDUSTRIAL COMMISSION. pensation to the staff in question for the disruption No. 117 of 1983. of their social and family life. It is obvious that the applicant hospital did not Between Bruce William Power, Applicant, and consider the claim unreasonable but was prevented Metropolitan (Perth) Passenger Transport from agreeing to the claim by direction of its indus- Trust, Respondent. trial advisors. I have no doubt that the advice was Order. given in good faith and would have taken into con- WHEREAS the applicant has informed the Com- sideration the standard provisions relating to after mission that he does not wish to proceed with this hours work and the possible precedent which might Application, the Commission, pursuant to the powers be set if the standard was departed from. However, I conferred on it under the Industrial Arbitration Act, believe non-standard situations can best be catered 1979, hereby orders— for by departing from standard provisions. That application No. 117 of 1983 be struck On the basis of the evidence, I have no alternative out. but to agree with the Chairman in deciding to grant the application. However, I would strongly suggest Dated at Perth this 14th day of October, 1983. that the hospital industry and its industrial advisors (Sgd.) G. J. MARTIN, should examine the possibility of granting something in excess of the normal compensation provided for in [L.S.] Commissioner. awards where small groups of workers are required to shoulder a much greater burden in providing an after hours service than is expected of other hospital staff providing a similar service. MR SCAPIN: The decision of the Board is that the working hours of the hospital's salaried pharmacists be amended to those of a day shift worker working ordinary hours on a roster basis on any five of the seven days of the week: however, the pharmacists BEFORE THE WESTERN AUSTRALIAN employed on the preparation of parental nutrition INDUSTRIAL COMMISSION. formulae be compensated at overtime rates for any No. 429 of 1983. weekend work performed. Between Christine Maree Maynard, Applicant and Aherns Ltd., Respondent. Order. HAVING heard Mrs C. M. Maynard on her own behalf and Mrs P. E. Bentley on behalf of the respondent, and the parties having reached agreement, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby orders— That the application be struck-out. Dated at Perth this 13th day of October, 1983. (Sgd.) G. G. HALLIWELL, [L.S.] Commissioner.

Section 29(2}—Applications Dealt with—

BEFORE THE WESTERN AUSTRALIAN BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. No. 589 of 1983. No. 504 of 1983. Between Brian Edward McCarroll, Applicant, and Between Craig Maxwell Griffiths, Applicant, and Western Geophysical Co., Respondent. The Federated Liquor and Allied Industries Em- Order. ployees Union of Australia, Western Australian HAVING heard Mr B. E. McCarroll in person and Branch, Union of Workers, Respondent. Mr T. Lim on behalf of the Respondent, and subsequent to a conference on the matter pursuant to Order. the powers conferred on it by subparagraph (a) of HAVING heard Mr C. M. Griffiths in person and Mr subsection 8 of section 44 of the Industrial Arbi- E. L. Fry on behalf of the Respondent, the Com- tration Act, 1979, the Commission by consent hereby mission, pursuant to the powers conferred on it orders— under the Industrial Arbitration Act, and by consent, That the Respondent pay to the Applicant the hereby orders— sum of $1 803.19 in full and final settlement of the claim. That the Application be dismissed. Dated at Perth this 2nd day of November, 1983. Dated at Perth this 13th day of October, 1983. (Sgd.) G. L. FIELDING, (Sgd.) G. L. FIELDING, [L.S.] Commissioner. [L.S.] Commissioner. 2244 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

BEFORE THE WESTERN AUSTRALIAN creditworthy witness and see no reason why his evi- INDUSTRIAL COMMISSION. dence should not be accepted. As these proceedings evolved, there appeared to be no conflict in the evi- No. 515 of 1983. dence of the parties concerning the happenings Between David Joseph Holder, Applicant, and giving rise to this claim. Keydril Australia Inc., Respondent. The medical report of Mr Sikorski tendered in evi- Order. dence in these proceedings indicates that in February HAVING heard Mr P. J. Gethin (of Counsel) on be- he suggested to the Applicant "that she has a trial of half of the Applicant and Mr D. C. Bruiton on behalf work on the understanding that she may not be able of the respondent, and subsequent to a conference on to cope with the job" and in March he repeated that the matter pursuant to the powers conferred on it by suggestion "in order to establish her functional subparagraph (a) of subsection 8 of section 44 of the level". To this end, although there was no medical Industrial Arbitration Act, 1979, the Commission by certificate authorising her to return to work, the Ap- consent hereby orders— plicant asked the Respondent for casual or charter work, but it seems that the Respondent was not That the Respondent pay to the Applicant the anxious for her to drive its vehicles without a clear- sum of $500 in full and final settlement of the ance from the medical personnel. It appears that the claim. formal medical certificates in the Respondent's pos- Dated at Perth this 2nd day of November, 1983. session at that time still indicated that the Applicant was wholly unfit for work. It was not until 25th (Sgd.) G. L. FIELDING, March, 1983 that the Applicant obtained a final [L.S.] Commissioner. medical certificate and then only on the basis that she had "partially recovered" to the extent that she was capable of undertaking "most occupations including sedentary work but not driving a heavy bus". In light of the final medical certificate the Respon- dent contacted the Applicant on 5th April, 1983 and asked her to return to work the next day to do what its Operations Manager, Mr Paterson, told the Appli- cant were "light duties" in the form of cleaning buses. The Respondent already had a person engaged BEFORE THE WESTERN AUSTRALIAN for that purpose and it seems that the Applicant's INDUSTRIAL COMMISSION. task was to assist her. It soon became obvious that there was not enough cleaning work for both of fhem No. 230 of 1983. and the Applicant had to ask Mr Paterson for some- Between Deborah Gay Batchelar, Applicant, and thing extra to do. She was given the task of crossing Skybus, Respondent. out parts of timetables in order to bring them up to Before Mr Commissioner G. L. Fielding. date and helped in the office with tea-making and The 25th day of October, 1983. the like. On 7th April, she was told that her services would no longer be required after the following day Mr S. A. Walker (of Counsel) on behalf of the Ap- because there was not enough work for her to do. She plicant. was somewhat surprised that Mr Paterson had not Mr B. P. Panos (of Counsel) on behalf of the Re- discussed the matter fully with her, because she said spondent. she had always kept him fully informed of her position and had always had a good working relationship Reasons for Decision. with him. Her employment was terminated on the THE COMMISSIONER: Until April of this year the following day with payment of her contractual en- Applicant was employed by the Respondent as a bus titlements including one week's pay in lieu of notice. driver. She commenced her employment with the Re- She has not worked since, except for a brief period of spondent in June 1982 and was required to drive 24 casual work in the North-West, despite what can seat buses between the city and the airport via a fairly be described as sustained efforts to obtain number of city hotels. On 9th September, 1982, she alternative employment. injured her left knee in the course of her employ- The Applicant complains that her dismissal was ment. The injury turned out to be worse than she unfair and originally asked to be reinstated, although first thought and, as time went by, she found it in- she now no longer wishes to pursue that aspect of her creasingly difficult to use her knee to manipulate the claim but seeks, in the alternative, compensation. foot controls on the buses and was forced to seek She says that the Respondent had no genuine belief medical advice. Her injury was diagnosed as chon- in the reasons given for her dismissal and was simply dromalachia patellae of the left knee. She was absent using them as an excuse to get rid of her at the first from work between 15th September, 1982 and 5th available opportunity. Alternatively, it is said on her April, 1983 as a result of her injury. In that period behalf that if the Respondent did genuinely believe she consulted a number of medical practitioners in- she could not be usefully employed, it acted unfairly cluding Mr Sikorski at the Sir Charles Gairdner Hos- in not discussing the matter fully with her before she pital and Messrs Webb and Bell, all orthopardic sur- was dismissed. geons. During the whole of this time, she was certified as being unfit for work and obtained weekly The principles governing applications of this payments from the Respondent under the provisions nature are clear enough and apparently understood of the Workers' Compensation and Assistance Act by the parties. It is sufficient to say that where, as 1981. here, the termination was effected by notice, or pay- It is only fair to record that the Applicant was, ment in lieu of notice, the onus is on the employee to throughout the period of her indisposition, anxious to show that the termination was unfair. get back to work. She was concerned about the possi- Fundamentally, the question in these types of cases bility of losing her job because of her prolonged indis- is, as Olsson J. observed in Kyriakopoulos v. James position and kept the Respondent fully informed of Hardie and Co. Pty. Ltd. (1970) 37 S.A.I.R. 91, p. 99, her position. Indeed, at all times she appears to have a case concerned with a dismissal of an injured em- acted in a most responsible and loyal manner. The ployee, "whether an employer has, in effect, abused Applicant impressed me as a very truthful witness his right to dismiss an employee; and whether there and I accept her evidence in toto. Likewise, I thought has been oppression injustice or unfair dealing in the the Respondent's principal, Mr Keirle, a whole of the circumstances". Some have described 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2245 the issue to be whether the employee has received which they travel. The only formal indication the Re- "industrial justice", "industrial fair play" or "a fair spondent had was that the Applicant was not fit to go all round" but in reality I suspect that amounts to resume work and when she was fit, it was on the basis the same thing. What is required is an objective as- of sedentary duties and not the driving of heavy sessment taking into account all the circumstances as buses. To let the Applicant drive its buses or other to whether the dismissal lawfully effected under the vehicles even on a casual charter basis in those cir- contract is fair or not according to contemporary in- cumstances, would be less than responsible. dustrial standards. Towards the beginning of April, the Applicant suc- Though the method of her dismissal has led the cessfully drove a small bus for the Fremantle Techni- Applicant to suspect that the motives for her dis- cal College, though she admits it was a smaller bus missal were not as stated, I accept the evidence of Mr and had lighter controls than those operated by the Kierle, that the sole motive for her dismissal was as Respondent. In any event, an employer being a lay- stated to her at the time. He says, and appeared to man is entitled to accept medical opinion on its face genuinely believe it, that he regarded the Applicant value, particularly those in the form prescribed by as a good and valued employee and would have kept the legislature under the Workers' Compensation her in the Respondent's employ if he reasonably legislation which, I suggest, are designed so that em- could have. She was placed on light duties in the ployers and employees alike may readily understand hope that the Respondent would have been able to them. It ought not be the function of employers or in- find enough work for her, but in reality that was not deed industrial tribunals to review the opinion re- possible. He denied that he had consulted the ceived from their medical advisers (see: East Lindsey insurance company before making the decision to District Council v. Daubney (supra); and see too: terminate. There was nothing adduced in these pro- Liverpool Area Health Authority (Teaching) Central ceedings to suggest that he was in any way prompted and Southern District v. Edwards (1977) I.R.L.R. by his insurers in the action he took or that the Re- 471). spondent's motive was other than that stated. I ac- The Applicant placed some reliance on the views cept his evidence that there was insufficient work fit- expressed by Mr Sikorski in February and March ting the category of light duties for the Applicant to that she be given the opportunity to try to see perform. Indeed the evidence is that there was no whether she could properly drive or not. But, as she scope for her to be employed in a driving capacity admitted in evidence, she had no certificate from him without reducing the normal hours of work of the or anyone else to say that she was fit to do that, and existing drivers. The Applicant herself acknowledged in the face of medical certificates suggesting that she that there was no "worth" in her continuing to do was wholly unfit for work at that time, I do not think light duties. She clearly indicated that there was not it unreasonable for the Respondent to take the atti- enough cleaning work for her to do. Moreover, it tude it did and refuse to let her drive. The Applicant seems she would not have been able to fully perform also refers to a letter from Mr Bell dated 14th March, the cleaning duties because, as she said, she found 1983, written to the Respondent's insurers, which it that work adversely affected her knee and it got is assumed that the Respondent was aware of. So far worse. The Applicant saw little point in ruling out as is material, Mr Bell writes in that letter as fol- parts of old timetables and agreed that could not last. lows:— The Respondent already employed an office girl and there was no evidence that there was any surplus As far as her ability to return to work goes I work in the office which the Applicant could have very much doubt that with a left knee as tender satisfactorily performed. and painful as it is that she will manage to drive The Applicant's alternative complaint is directed the heavy buses for some time to come. However more to the manner of the dismissal than anything it is difficult to predict the course of this disease else. Counsel on her behalf sought to equate the cir- and it may well be that she will be able to do it. I cumstances of this dismissal with that of a dismissal would however consider her fit for other occu- for incompetence requiring discussion or consultation pations and she is obviously fit for a sedentary as a condition precedent to a fair dismissal. There is occupation and she agrees with me on this score. some precedent for that approach at least under the At least to a layman those remarks are a little am- English legislation (see for example: East Lindsey biguous, as the Applicant's Counsel acknowledged. District Council v. Daubney (1977) I.R.L.R. 181). However, they fall a good deal short of suggesting However, caution should be exercised in drawing that the Applicant was fit to drive, and indeed when such an analogy in circumstances such as those now Mr Bell issued the final medical certificate some two in question. Such a comparison can only sensibly be weeks later, he indicated that she was not. made where there is scope to clarify or improve an Furthermore, although earlier suggesting that the employee's physical capacity for work by counselling Applicant have a trial of work in order to establish or discussion (see: Townson v. The Northgate Group her functional level, Mr Sikorski subsequently in his Ltd (1981) I.R.L.R. 382). If the purpose for which report of 6th May last, which was the most recent of consultation might be held has been achieved there is the medical reports adduced these proceedings, con- obviously no point in embarking on the same (see: cluded that the Applicant's "initial symptoms have Taylorplan Catering (Scotland) Ltd. v. Mclnally not settled completely" and that "the problem is ob- (1980) I.R.L.R. 53). On the evidence in these pro- viously going to run a long term course" and further ceedings I find it difficult to accept that discussion that "she will be unable to drive". Finally, the Appli- with the Applicant would have in any way altered her cant referred to the report of Mr Webb of 5th April, position, given the medical reports and, more par- 1983 in which he stated that whilst "people with ticularly, the medical certificates relating to her in- chondromalachia tend to find driving vehicles un- jury. The Respondent appears throughout to have comfortable", before the Applicant was said to be taken the stand that unless and until it had clear unfit to continue driving a bus, "arthroscopy" should medical authority for the Applicant to drive its ve- be carried out and went on to say that whether it was hicles, it was not prepared to allow her to do so. That carried out by himself, Mr Bell or "yet a further inde- is hardly unreasonable in the face of the existence of pendent Orthopaedic Surgeon" is immaterial. Unlike medical certificates issued under the auspices of Messrs Bell and Sikorski, Mr Webb saw the Appli- Workers' Compensation legislation indicating that cant on only one occasion in November 1982, and she is wholly unfit for work, particularly having re- moreover there was no suggestion in his report that gard to the nature of the work involved. The Respon- she drive in the course of her employment as a trial, dent has some obligation to the public using its ve- but rather that she drive under medical supervision. hicles, if not the public at large, to ensure that its The clear fact is that there exist reports from two drivers are in every respect fit to drive the vehicles in medical practitioners who had examined her on a 2246 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

number of occasions indicating that she was unable BEFORE THE WESTERN AUSTRALIAN to drive buses of the kind operated by the Respon- INDUSTRIAL COMMISSION. dent. More particularly, Mr Sikorski on whose opinion the Applicant placed so much reliance, indi- No. 230 of 1983. cates as recently as May of this year that the Appli- Between Deborah Gay Batchelar, Applicant, and cant is unable to drive, and it is difficult to see how in Skybus, Respondent. those circumstances the Respondent could be ex- Order. pected to allow her to drive any of its vehicles in the HAVING heard Mr S. A. Walker (of Counsel) on be- course of her employment. What also emerges from half of the Applicant and Mr B. P. Panos (of Coun- Mr Sikorski's report is that even if discussions had sel) on behalf of the Respondent, the Commission, taken place as the Applicant says should have, the pursuant to the powers conferred on it under the In- probabilities are that her prognosis would not have dustrial Arbitration Act, 1979, hereby orders— altered. His assessment made after her dismissal was That the Application be dismissed. the same as that of Mr Bell on which the Respondent relied. Dated at Perth this 25t h day of October, 1983. In the circumstances, I cannot see how it can be (Sgd.) G. L. FIELDING. said that the Applicant was unfairly dismissed. There [L.S.j Commissioner. was, as I find, no useful work for her to perform. The medical evidence is that she cannot now perform the tasks for which she was once employed. I respectfully agree with the view expressed by Olsson P. in Kyriakopoulos v. James Hardie and Co. Pty. Ltd (supra), at page 103, that an applicant in a case of this nature "may only succeed if he is able to demonstrate that he is, or will in the reasonably near future BEFORE THE WESTERN AUSTRALIAN on the balance of probabilities be able, adequately INDUSTRIAL COMMISSION. and fully, to discharge all of the duties of the former No. 513 of 1983. position with the employer". An employer is not obliged to keep the former position open indefinitely, Between Frank Hesford, Applicant, and Dowell but only for a reasonable time. In considering the Schlumberger (Western) S.A., Respondent. question of fairness or otherwise of any dismissal Order. which results in circumstances such as these, con- HAVING heard Mr F. Hesford in person and Mr R. sideration should be given to the employee's past ser- A. Date on behalf of the Respondent in Conference at vice record and the efforts made to rehabilitate after the Western Australian Industrial Commission, 815 the injury. In that case, the medical evidence indi- Hay Street, Perth, on 28th October, 1983, and the cated that the employee after a period of two weeks' parties having reached agreement with respect to it, light duties would in all probability be fit to resume by consent and with leave the claim is hereby with- the tasks for which he was originally employed, but drawn. he was dismissed, and it was held to be unfairly so. Unlike the position in that case, the preponderence Dated at Perth this 28th day of October, 1983. of medical evidence on this occasion does not suggest that in the foreseeable future the Applicant will be (Sgd.) G. L. FIELDING, able to do that for which she was employed, namely [L.S.] Commissioner. drive buses. Indeed, the evidence is that she will not be so able to work. The position in this case is more akin to that examined in Botterill v. James Hardie and Co. Pty. Ltd. (1975) 42 S.A.l.R. 322, where an employee injured at work had been incapacitated for approximately seven months leading to another person being employed to perform his functions, the indications being that when he was fit for work it would be in some totally different capacity. Following the BEFORE THE WESTERN AUSTRALIAN approach adopted in Kyriakopoulos v. James Hardie INDUSTRIAL COMMISSION. and Co. Pty. Ltd. (supra), the South Australian Com- No. 459 of 1983. mission refused to hold that the dismissal was unfair. Between Gregory Peter Winn, Applicant, and J. A. & In this case, more than six months elapsed between L. M. Davies, Respondents. the Applicant's injury and her dismissal. The Re- Before Mr Commissioner G. L. Fielding. spondent kept the Applicant's position vacant for as The 10th day of October, 1983. long as it could, but was finally forced to engage another driver to perform her functions. It might Mr G. P. Winn in person. even be said that even if the Applicant was fit to Mr J. A. Davies in person. drive, it was not unreasonable in those circumstances that she be dismissed now that someone else is per- Reasons for Decision. forming her function. However, the Respondent did (Given extemporaneously at the conclusion of the not simply adopt that attitude but sought to find submissions, taken from the transcript as edited by alternative work which was within the Applicant's the Commissioner.) physical capability. I am satisfied that it did not have THE COMMISSIONER: The issues in these pro- that work available, and for that reason dismissed ceedings, in the final analysis, are really ones of fact. the Applicant from its employ. So far as those matters are concerned, I have no It follows for the foregoing reasons that in my op- doubt in my mind where the truth of the matter lies. inion the claim should be dismissed. The Applicant, by these proceedings, which are brought under section 29 (2) (b) of the Industrial Ar- bitration Act, 1979, seeks to recover from the Re- spondents, who he says were his employers, the sum of $920, being, he says, $460 for one week's pay which was outstanding for the week between 2nd and 9th July and, secondly, an additional week's pay in lieu of notice because, he says, he was dismissed without notice and without payment in lieu of notice. 23rd November, 1983]

There is no dispute about the fact that the Appli- Subsequently Mr Winn was paid $104.15, after tax, cant, Mr Winn, was employed by the Respondents as being two days' holiday pay together with a 17'A per an interstate truck driver. His employment com- cent loading thereon, which is claimed by the Re- menced on or about 1st June, 1983, and there is no spondents to be his only entitlement, based on the dispute on the evidence that he was to be employed rates of pay fixed by what is said to be the relevant on a weekly wage of $460, together with an allowance Award. of $50 per week for his keep where appropriate. That in a nutshell is the dispute between the par- Mr Winn says, however, that when he was ties. There has been a good deal of conflicting evi- interviewed for this position he said to the Respon- dence adduced in these proceedings and I do not dents that he would need to take a week off work think any benefit will come from reciting it. So far as from 2nd to 9th July, 1983, to attend a court case, ap- there is a conflict in the evidence, I have not the parently in the Supreme Court. He says he was told slightest doubt that the version put to me by Mr that he could take that week off, but he does say Winn and his wife is to be preferred to that of the Re- there was no discussion about payment for that week; spondents and Mr Winn senior. I can only say of all either that he would be paid, or that he would not be the witnesses, that the demeanour of the Respon- paid. He assumed that he would be paid for it be- dents and in the end particularly that of Mr Winn cause that was in conformity with the practice of his senior, left a good deal to be desired. I would be sur- previous employer from whom the Respondents pur- prised if any independent bystander observing these chased the business. Further, he said that in the proceedings would have been other than impressed course of their interstate driving Mr Davies and he by the frank and natural manner in which Mr and discussed the matter of taking one week in seven off, Mrs Winn gave their evidence. I am quite satisfied as apparently was the practice of Mr Winn's previous that what the Applicant has said represents the truth employer. He says also that Mr Davies agreed to that, about the matter, and unhappily I cannot say the although again it seems that there was no discussion same of Mr and Mrs Davies and Mr Winn senior. about payment for it. He and Mr Davies normally I find that Mr Winn was employed by the Respon- left for the Eastern States each Tuesday and re- dents as a truck driver driving interstate and that he turned on the following Sunday, and the one week off would be paid $460 per week, together with $50 per in seven was to enable them both to recover from the week for his keep when driving. I am not satisfied, fatigue caused by constant travel. The Respondents however, that it was a condition of his employment concede that they agreed to Mr Winn taking the that he was to be paid for the period 2nd to 9th July, week off in July, but deny that they agreed to pay which he took off for what in reality was a personal him for it. Mr Davies also denies ever having dis- affair. The facts are, as disclosed in these proceedings cussed the taking of one week off in seven as Mr and as Mr Winn indeed acknowledged, that the Re- Winn says was the case. spondents said nothing and did nothing to indicate The circumstances surrounding the act of termin- that he was to be paid for that week. It might well ation are also conflicting as the parties have put them have been his belief that he was to be paid for that to the Commission. Mr Winn said that he was tele- week, but I am not satisfied that the Respondents phoned by Mrs Davies on a Saturday, which I under- did anything which would entitle him to come to that stand to be 8th July, and told by her that Mr Davies conclusion. Therefore I am not satisfied that it was a had, with his relief driver, overturned the truck in term of the contract that he was to be paid for that South Australia. The result was that she told him week. The practice of his previous employer cannot that he, Mr Winn, was out of a job and that when the bind the Respondents without a much clearer indi- Respondents had the money to pay him what they cation from them than was shown to be the case. owed him he would be paid that. Mr Winn says that I am quite satisfied beyond any doubt whatever approximately one week later he called at the Re- that the position in respect of purchasing the Re- spondents' premises and enquired as to whether he spondents' business was as Mr and Mrs Winn have might buy the business from them if they were not testified. That is, they made nothing more than able to carry it on. He says the Respondents were un- enquiries of the Respondents as to whether, because able to give him a definite answer about that because of the mishap, they were going to remain in business, there was the question of the finance due on the and whether they wanted to sell their business. I ac- truck to be determined with the finance company, cept the Applicant's evidence that he did not make and various other matters that one would expect to any overtures or indeed have any contact whatever follow from a serious disaster such as befell the Re- with the Eastern States' customers who provided the spondents. source of income to the Respondents, and I am quite Later, Mr Winn says he asked the Respondents satisfied that there was no disloyalty whatever on the what would happen if they continued with the part of Mr Winn as the Respondents have inferred business. Mr Davies indicated to Mr Winn that he was the case. would not be getting his job back in view of the fact It follows that I am a long way short of being satis- that the Respondents believed he had tried to entice fied that there was any misconduct in the form of dis- their customers from them in his efforts to purchase loyalty on the part of Mr Winn which would justify the business. Mr Winn emphatically denies that he him being dismissed without notice. Indeed, on the tried to entice the Respondents' customers from material put before me in these proceedings, I am them. All he says was the he enquired of the Respon- quite satisfied that there was no misconduct on his dents whether or not they were interested in selling part. It would follow that Mr Winn was entitled to the business and no more. The Respondents on the reasonable notice to terminate his contract. He was other hand say that shortly after the truck had rolled paid weekly and the least amount of notice he could over, indeed on the following Tuesday, Mr Winn rang have expected was one week if not more. In the cir- them indicating that he "had been busy", which they cumstances I am quite satisfied that he has made out took to mean that he had been in contact with the his claim to be paid the one week's pay in lieu of no- contractors in the Eastern States who provided the tice. In my view he should recover the sum of $331.05, Respondents with their business. Further, they say being his weekly wage less the tax that is normally- that Mr Winn said to them that they should indicate taken out of it. whether they were "in or out of the business" so that The Applicant has been paid the gross sum of he could make up his mind as to whether he would $113.16 since his dismissal. That represents what was take over the contracts in the Eastern States or not. said to be his holiday entitlement. In my view, Mr and Mrs Davies took umbrage at that, and if it whether or not an Award provides for that or whether was true, not surprisingly so, and thereupon dis- or not the contract otherwise provides for that is missed Mr Winn for what they say was disloyalty. another matter. It was not paid to him as and for 2248 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983 payment in lieu of notice, which in my view he is en- Prior to Mr Scallan leaving Sydney for Perth in titled to, but for something else. Those being the cir- 1980 to take up the position of Office Manager he cumstances, I am satisfied that Mr Winn should have was sent a letter dated 3rd April, 1980 which set out an Order from the Commission entitling him to the the terms and conditions of his appointment. He was sum of $331.05, being one week's pay in lieu of notice. required to sign an acknowledgement on a duplicate and return it to the Company. There was nothing in that letter about a housing allowance. On 18th September, 1980 the Company forwarded another letter to Mr Scallan in the following terms— Dear Mr Scallan, BEFORE THE WESTERN AUSTRALIAN We wish to amend the terms and conditions on INDUSTRIAL COMMISSION. your letter of transfer dated 3rd April, 1980 to No. 459 of 1983. include the following: Between Gregory Peter Winn, Applicant and J. A. & 1. Housing. L. M. Davies, Respondents. Housing will be arranged by the em- Order. ployee. The employee's obligations and con- HAVING heard Mr G. P. Winn in person and Mr J. tributions towards the cost of housing, in- A. Davies on behalf of the Respondents, the Com- cluding utilities, shall approximate 10 per mission, pursuant to the powers conferred on it cent of his salary, payable as follows: under the Industrial Arbitration Act, 1979, hereby Employee's contribution to rental—5 orders— per cent of salary That the Respondents pay to the Applicant Employee's direct payment payment the sum of $331.05 in full and final settlement of of monthly utilities costs the claim. The Company shall pay to the individual Dated at Perth this 10th day of October, 1983. the amount for rental by which the following limits exceed the employee's contributions. (Sgd.) G. L. FIELDING. Perth. [L.S.l Commissioner. ($A) Single Status 250 Married Status 250 Married Status with one child 350 Married with two or more children.... 400 Rental costs in excess of the above limits BEFORE THE WESTERN AUSTRALIAN will be paid by the employee in addition to INDUSTRIAL COMMISSION. the 5 per cent of his Base Salary. The Company will reimburse the em- No. 349 of 1983. ployee for actual costs of connections of Between Ivan Patrick Scallan, Applicant, and utilities and telephone. Raymond Engineers Australia Pty. Limited, Re- The above limits depend on the family spondent. members residing with the employee at the Before Mr Commissioner B. J. Collier. assignment location. Visiting dependants The 31st day of October, 1983. will not qualify for increase to the Mr T. P. Watts (Counsel) on behalf of the appli- Company's contribution to the cost of hous- cant. ing. Periodic review (usually after each year) Mr S. G. Scott and with him Mr J. H. Rendell on will be made of rental costs, and a change behalf of the respondent. made if necessary to the maximum total Reasons for Decision. rental costs. THE COMMISSIONER: This is an application pur- Please sign the acknowledgement on the en- suant to section 29 of the Act by Ivan Patrick Scallan closed duplicate of this letter and return to the who claims that the respondent has denied him ben- undersigned. efits to which he is entitled under his contract of ser- Yours faithfully, vice. A remedial Order is sought from the Com- Raymond Engineers Australia Pty. Limited, mission. S. G. SCOTT, The respondent Company opposes the application. Personnel Manager. Little needs to be said about four of the five ben- On 17th October, 1980 a further letter was ad- efits which are claimed by the applicant. He attested dressed by the Company to Mr Scallan as follows— that his services were terminated on 25th July, 1983 Dear Mr Scallan, and it is clear that this was due to early retirement. re Housing Allowance. There is nothing to substantiate a claim that the con- We advise that, with effect from 1st October, ditions of employment under the contract of service 1980 a new schedule of housing subsidy rates were intended to operate beyond the retirement date comes into operation. and in such circumstances those four claims are re- Your letter of offer is therefore amended in that fused. the figures contained in the housing clause are to The remaining claim was expressed by Counsel as be changed as follows: follows— $A Our client claims the sum of $2 822 being Single Status 400 housing allowance entitlements for the period Married Status 410 October 1980 to July 1983. During this time our Married with 1 dependant 420 client was entitled to a housing allowance at the Married with 2 or more dependants .. 430 rate of $400 per month i.e. a total of $13 600. There is now no differentiation between Perth Pursuant to arrangements a 5 per cent levy was and the Bunbury/Collie area. made on the housing allowance in the total sum of $3 712.30 and the total sum of $7 065.19 was Yours sincerely, paid to our client by way of housing allowance. Raymond Engineers Australia Pty. Limited. Accordingly a total of $2 822.51 remains owing to S. G. SCOTT, our client. Personnel Manager. 23rd November, 1983] W 9

Mr Scallan elected to purchase a home in Western then it could lead to a situation where employees Australia rather than rent one. Nevertheless it would were renting low standard accommodation and appear that the assistance which the company was using the excess money between the actual rental prepared to give him with respect to his house pur- value and the upper limit as a source of income. chase was on the same basis as that shown in the let- This is definitely not the intent of the housing ters above. The big difference between the parties is assistance. their respective views on what those letters mean. That makes sense and I have concluded that such On the one hand Mr Scallan claims that he was was the nature of the contract between the claimant guaranteed the monthly amounts shown in the above and the respondent. correspondence less five per cent of his salary. He be- The claims are dismissed. lieved that if he were making payments on a mortgage it would be treated as if he were paying rent. On the other hand the Company insists that the amounts shown are the maximum amounts which will be paid for rental assistance. It is up to the individual to choose his standard of accommodation. If he chooses cheaper rental accommodation the Company is not prepared to provide an amount which gives the employee a nett cash benefit. The same concept is ap- BEFORE THE WESTERN AUSTRALIAN plied with respect to a housing purchase, according to INDUSTRIAL COMMISSION. the Company. No. 349 of 1983. It would appear that when Mr Scallan arrived in Between Ivan Patrick Scallan, Applicant, and Perth on 9th April, 1980 his outlay for rental was Raymond Engineers Australia Pty. Limited, Re- $65.00 per week or $281.67 per month. As 5 per cent spondent. of his salary amounted to $95.00 and as the rental Order limit per month for a single man was $250 he received Having heard Mr T. P. Watts (of Counsel) on behalf a subsidy of $155. Correspondence tendered by the of the applicant and Mr S. G. Scott, and with him Mr Company indicates that when Mr Scallan elected to J. H. Rendell, on behalf of the respondent, the Com- purchase a home instead of renting one he was no mission, pursuant to the powers conferred on it longer eligible for rental assistance. However, he ap- under the Industrial Arbitration Act, 1979, hereby proached the Company seeking some form of assist- orders— ance with his mortgage repayments. After consideration the Company agreed to provide assistance That the claims be dismissed. based on the rental scheme concept. Unfortunately Dated at Perth this 31st day of October, 1983. there is no written documentation relating to the (Sgd.) B. J. COLLIER, purchase of a house at the time except for an inter- office memorandum from the Accounting Manager [L.S.] Commissioner. dated 29th October, 1980 stating that the increase in the maximum allowance advised on 17th October, 1980 had no effect on Mr Scallan because the unfur- nished rental value of the property which he owned was assessed at only $57.00 per week. It would appear that after Mr Scallan received the 17th October, 1980 letter continuing discussions took place with the Ac- counting Manager and this inter-office memo was the BEFORE THE WESTERN AUSTRALIAN final confirmation of the Company's attitude. A let- INDUSTRIAL COMMISSION. ter of 15th December, 1981 from the licensee of a real No. 410 of 1983. estate agency shows that Mr Scallan sought a revalu- ation of the rental potential of his property as Between John Eric Poole, Applicant, and the Owners suggested in that intfer-office memo. of the Gables Strata Plan 269, Respondents. Before Mr Commissioner G. J. Martin. The fact that no reduction was made in the allowance paid to Mr Scallan between June 1980 and The 20th day of October, 1983. November 1981 gives some support for the claimant's The applicant appeared on his own behalf. version of the agreement that had been reached be- Mr D. T. Calkin on behalf of the respondents. tween the parties but the respondent's answer to this seems quite reasonable in the circumstances. Reasons for Decision. The onus rests with the claimant to prove his case THE COMMISSIONER: By this application brought and in my opinion he has failed. I have no doubt that pursuant to section 29 of the Industrial Arbitration Mr Scallan experienced a sense of injustice when he Act, 1979 the applicant claims that he was unfairly learned (correctly or incorrectly) that at least one dismissed and seeks reinstatement or compensation other person who had purchased a house for less than for loss of employment. himself was receiving a greater allowance. However, The respondents deny the claims wholly. this is quite possible having regard for rental demands in certain areas. With major construction I heard the matter on the 6th day of October, 1983 work proceeding in the Bunbury/Collie area the and reserved decision. Commission is aware of scarce rental accommodation The applicant responded to a newspaper advertise- and consequently high rents. ment placed by the respondents for the position of caretaker at the Gables, a multi storey development Mr Scott summed up the principle behind the comprised of one hundred units. housing assistance scheme as follows— The units are located at 96 Guildford Road, Mt. The principle behind the setting of a limit to Lawley and occupy about one third of a one and a the housing allowance is quite obviously if there half acre property. were no limit employees would be free to rent or purchase whatever standard of accommodation The applicant was accepted for the position and they wished and that could lead to a situation commenced employment on 2nd May, 1983. where quite unreasonable assistance demands On 1st July, 1983 the applicant was given two were placed upon the Company. By the same weeks notice of the termination of the contract of token, if the Company paid up to a maximum re- employment which he worked out and the contract of gardless of the rental value of accommodation employment ceased on and from 17th July, 1983. 2250 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

I was told that the contract of employment was Whilst re-employment (as the position has been subject to an award of this Commission but not satisfactorily filled) would not be "a recipe for disas- which award. [Transcript notes of proceedings pp 4 & ter", it could be difficult for both part ies having re- 5]. It could have been either the Cleaners and Care- gard to the closeness of the day to day relationship takers Award No. 12 of 1969 as varied [62 W.A.I.G. p. which such a position entails and I do not think that 332] or the Cleaners and Caretakers (Car and Cara- it would be a wise method of redress. van Parks) Award No. 57 of 1975 as varied [56 In lieu thereof I consider some monetary remedy is W.A.I.G. p. 57] or more likely in my view neither, but to be preferred and I propose in the minutes of the as it is not relevant to these proceedings I make no proposed decision that the respondents pay to the further reference to that aspect. applicant the amount of $500. The applicant had leased a unit in the Gables as The parties may speak to the minutes of the pro- part of his contract of employment to reside on the posed decision, if they so wish, on a day and at a time premises but gave up that lease upon the termination to be arranged with me. of the contract as he considered it no longer prudent to remain therein. He is presently unemployed, 45 years of age and has experience in past positions as a groundsman and a caretaker. In his position at the Gables the applicant was required to execute a detailed list of tasks on a daily BEFORE THE WESTERN AUSTRALIAN basis and on a general basis. [Exhibit I.] INDUSTRIAL COMMISSION. The contract of service was terminated because of No. 410 of 1983. his alleged failure to execute satisfactorily general duty 7 i.e. Maintain gardens, lawns and surrounds to Between John Eric Poole, Applicant, and the Owners Council requirements. of the Gables Strata Plan 269, Respondents. The Council so referred to is that elected by the Order. owners of the units and is comprised of seven per- HAVING heard the applicant on his own behalf and sons, six of whom reside in the units and one who Mr D. T. Calkin on behalf of the respondents the does not [Transcript notes of proceedings pp 4, 5 and Commission, pursuant to the powers conferred on it 7]- under the Industrial Arbitration Act, 1979 hereby orders— That work entailed the weeding of beds planted with shrubs, sweeping up of leaves and collection of That the respondents shall, within 21 days of any refuse (papers etc.) in the surrounds of the build- the date hereof pay to Mr J. E. Poole of Unit 7, ing. The cutting of the lawns and their edges is per- 60 Smith Street, Highgate the amount of $500. formed by a lawnmowing contractor. Dated at Perth this 28th day of October, 1983. The respondents took the view that whilst all other (Sgd.) G. J. MARTIN, duties were being performed satisfactorily this particular set of tasks had not, leading to a deterioration [L.S.] Commissioner. in the condition of the surrounds. They finally made the decision that the applicant should be dismissed for that reason and their secretary was instructed to execute that decision which he did. The applicant denies the accuracy of the respondents' complaint about the deterioration of the building's surrounds and refers to his experience as a groundsman and says he has no aversion whatsoever to that sort of work. Discussion by the parties before me relating to a BEFORE THE WESTERN AUSTRALIAN blocked drain and some storm damaged shrubs do INDUSTRIAL COMMISSION. not relate to the specific alleged breach of contract No. 496 of 1983. and do not in my view substantiate any dereliction of duty by the applicant. Between Lesley Anne Ellen Fallows, Applicant, and Thomas Victor Tomich trading as Leisuretime On the one hand I thus have the applicant's denial Sports, Respondent. of the complaint levelled against him and on the Order. other hand the view of a number of unit owners as expressed through their representative body. HAVING heard the applicant and the respondent on their own behalves the Commission, pursuant to the I find it impossible to make an objective finding of powers conferred on it under the Industrial Arbi- facts as to which of those parties' view is correct but I tration Act, 1979, hereby orders— feel that some weight must be given to what was a That the respondent shall pay to the applicant view shared by a number of the owners. the amount of $54.24. Given that there was some substance to their views Dated at Perth this 18th day of October, 1983. the question then becomes, did that circumstance justify the termination of the contract of employ- (Sgd.) G. J. MARTIN, ment? [L.S.] Commissioner. With all of the other duties required of the applicant not attracting any comnlaint 1 consider that the applicant was given less than a fair deal (61 W.A.I.G. p. 1724) in that he was not acquainted of the alleged shortcomings in one of his many tasks, he was not given an opportunity to discuss it nor was he given an opportunity to rectify what must be seen as a minor part of his total responsibilities to his employers. I therefore consider that the applicant has a case for redress. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2251

BEFORE THE WESTERN AUSTRALIAN Furthermore, the Respondent says by its Answer INDUSTRIAL COMMISSION. that as a result of the Applicant's actions in with- No. 514 of 1983. drawing his services, it was required to engage another person to complete its work in and around Between Paul Haye, Applicant, and T. E. & C. G. the area of Kalgoorlie. The Respondent says that cost McMahon Nominees Pty Ltd, Respondent. it approximately $300. Before Mr Commissioner G. L. Fielding. The 17th day of October, 1983. Having heard the Applicant I am satisfied that the position was as he said it was; that is, he gave the Re- Mr P. Haye in person. spondent notice on 12th August that he would be No appearance on behalf of the Respondent. terminating his contract, or "withdrawing his services", to use the Respondent's words, not when the Reasons for Decision. first job had finished in the field, as the Respondent (Given extemporaneously at the conclusion of the claims, but rather when he arrived back in Kalgoorlie submissions, taken from the transcript as edited by thereafter. The Applicant says he specifically men- the Commissioner.) tioned that he would be leaving the Respondent's THE COMMISSIONER: These proceedings are employ when he reached Kalgoolie, and I accept that brought by the Applicant under and by virtue of the that is what he said to the Respondent's principal, provisions of section 29 (2) (b) of the Industrial Arbi- Mr McMahon. Furthermore, I think it is an over-sim- tration Act. The facts as disclosed in these proceed- plification to suggest that he was simply travelling ings are uncontested, at least so far as the evidence is from the field to Kalgoorlie and doing no more on the concerned. eighth day, which I understand to be 14th August, because the evidence before the Commission is that The Applicant contracted to work for the Respon- on that day, the Applicant, under the direction of his dent as an employee for a period of three weeks in crew leader, helped to repair the Respondent's ve- the capacity of a field assistant at a rate of $74.00 per hicle, and he says that on that day he was under the day, apparently payable in toto at the end of the control and direction of the crew leader. Further, the three weeks. His work as a field assistant largely Applicant through the crew leader was in contact involved assisting with the pegging of various mineral with the Respondent's principal, Mr McMahon, on claims in and around the Kalgoorlie area. He was to that day to obtain instructions as to how to complete work under the direction of a crew leader and appar- the necessary repairs on the vehicle. The evidence ently in a crew of two. also is that even without the repairs it would have He started work on 7th August, 1983, met a crew taken some six hours or thereabouts for the Appli- leader in Kambalda and proceeded to an area some cant and his crew leader to get from the field work to 200 kilometres or thereabouts north of Leonora, ap- Kalgoorlie. parently known as New England, and embarked on pegging claims with his crew leader, as was his obli- Taking all those things into account, I think it is gation under his contract of employment. That job highly unlikely that the Applicant said his services apparently took longer than the Respondent ex- would be withdrawn with effect from 13th August pected. The Applicant says he thought that he and rather than the 14th, and I so find. As 1 have said, I the crew leader were expected back in Kalgoorlie on have heard from the Applicant and I am satisfied as or about 12th August last, after having done the New to what he says about that, and that the travelling England job and another. They did not get to do that and the tasks associated with it on 14th August were other job and returned to Kalgoorlie on 14th August, incidents of the work required and expected of him 1983, late in that day. under his contract. The Applicant says that he worked on average 11 'A The evidence before me would suggest that the hours or more per day out in the field, although when contract was one to work for the Respondent for a he was interviewed for the job he was told he would period of three weeks, and to that extent it was to be be required to work only 10 hours per day. He says he an entire contract, but it was divisible at least to the did all that was asked of him by the crew leader, and extent that the Respondent's Answer and the Appli- if there were any delays in completing the job those cant by his evidence in the proceedings indicate that delays were not due to him. He says, too, that ap- he was to be paid at the rate of $74.00 per day. proximately three days after he commenced work for Furthermore, there is a tendency to regard contracts the Respondent he contracted diarrhoea. He says of this nature as divisible, and that seems to have that the meat he had to eat while working out in the been acknowledged by the Respondent's willingness field was contaminated with maggots, and he says to pay the Applicant for the work which it was pre- that the water, although it could be consumed, pared to concede he did. On that basis, if no other, nonetheless tasted oily and, what is more, he says the Applicant would be entitled to recover on the that towards the end the food was running out and basis of quantum meruit for the additional day's the two of them had to ration it. work which I am satisfied he performed, and so he The result was that he contacted one of the Re- would be entitled to recover the sum of $74.00. spondent's principals, Mr McMahon, in Perth by radio on 12th August, 1983, and said he would be The Respondent complains that by reason of the leaving its employ when he got to Kalgoorlie, which Applicant withdrawing his services it incurred ad- subsequently he did. Having done that, he was later ditional costs. Unfortunately, because the Respon- contacted by Mrs McMahon and told to come and dent did not choose to attend at the proceedings, collect his pay. When he did so, he found pay for there was no evidence about that, but in any event on seven days, whereas he says he worked for the Re- the evidence before me I am satisfied that the Appli- spondent for eight days. Thus he brings these pro- cant was justified in taking the action he did. In the ceedings claiming $74.00, being what he claims to be first place, he was told that he would only be required his just desserts for the additional day's work for to work 10 hours per day, when it seems, superficially which he was not paid. at least, that he was required to work more than that. Perhaps more importantly, whilst it is clear from the The Respndent has not appeared in these proceed- evidence that he was required to camp out in the ings today. The Respondent did, however, file an bush—as he says, "camp under the stars"—that is Answer in which it said that it paid the Applicant for one thing, but it is another thing to expect an indi- seven days only because the Applicant "withdrew his vidual to work with limited quantities of food, and services" with effect from 13th August or there- such quantities as there were in some cases appear to abouts, and hence the Respondent was not prepared have been less than satisfactory. Given all the cir- to pay him for the day travelling to Kagoorlie. cumstances surrounding the nature of the work and 2252 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983 the area in which the work was to be carried out, I do BEFORE THE WESTERN AUSTRALIAN not think it is unreasonable for the Applicant, at INDUSTRIAL COMMISSION. least on the evidence before me, to have taken the ac- No. 527 of 1983. tion he did. Between Philip Michael Georgeff, Applicant and The Applicant's rate of pay was said to conform to Paynter Dixon (WA) Pty Ltd, Respondent. a Federal Award relating to this industry, but there is Order. nothing to indicate that the Respondent is a party to HAVING heard Mr K. J. Farrell on behalf of the Re- that Award. In the circumstances, for the reasons I spondent, and their being no appearance on behalf of have announced, in my view the Applicant is entitled the Applicant, the Commission, pursuant to the to an Order that the Respondent pay to him the sum powers conferred on it under the Industrial Arbi- of $74.00, and I so order. tration Act, 1979, hereby orders— I have noted that the Respondent did not attend at That the Application be struck out. these proceedings. 11 is clear that the claim has been served on the Respondent, because the Respondent Dated at Perth this 19th day of October, 1983. has filed an Answer to it. Furthermore, the infor- (Sgd.) G. L. FIELDING, mation on the file indicates that on 26th September [L.S.] Commissioner. the Respondent was given notice of this morning's hearing. Therefore the Respondent was given ample notice of the hearing, and certainly more than the minimum required hy the Industrial Commission Regulations, after allowing for delivery by post. Although there is no evidence that the address to which it was sent is that of the Respondent's regis- BEFORE THE WESTERN AUSTRALIAN tered office, the Interpretation Act allows documents INDUSTRIAL COMMISSION. in these circumstances to be served by posting them to a corporation's principal office in the State. It is No. 316 of 1983. apparent from hearing the Applicant that the ad- Between Ralph Herbert Van Haastrecht, Applicant, dress to which the notice was sent was the Respon- and Western Australian Institute of Technology, dent's principal's office in this State. I do not read Respondent. regulation 37 of the Industrial Commission Regu- Before Mr Commissioner G. A. Johnson. lations as requiring that a Notice of Hearing be The 14th day of October, 1983. served only on the registered address of a corporation, but rather that is one of the ways in which it The applicant on his own behalf. "may" be served. The Interpretation Act also allows Mr L. A. Jackson (of Counsel) with Mr J. Black on it to be served, as I have said, at its principal place of behalf of the respondent. business. I am satisfied that was done and in the circumstances there ought to be no impediment to the Reasons for Decision. Applicant obtaining the order sought, he having THE COMMISSIONER: On 20th May, 1974, the ap- made out his claim. plicant commenced his service with the Western Aus- tralian Institute of Technology as a clerk. On 2nd May, 1983, that service was terminated. It is the claim of the applicant that the termination of his services was unfair and that he be reinstated in his employment with appropriate compensation. The applicant presented his own case with a meticulous attention to detail. That case was designed to show that the grounds upon which the em- BEFORE THE WESTERN AUSTRALIAN ployer based its decision to terminate were not sup- INDUSTRIAL COMMISSION ported by fact, so negating the justification for its ac- No. 514 of 1983. tion. There being no good reasons for the termin- Between Paul Haye, Applicant, and T. E. & C. G. ation, it follows that the termination was unfair. McMahon Nominees Pty Ltd, Respondents. In reply, the employer directed its attention to a Order. substantiation of its actions by presenting evidence HAVING heard Mr P. Haye in person and there of those events being the grounds upon which the ter- being no appearance on behalf of the Respondent, mination was based. It submits that the applicant the Commission, pursuant to the powers conferred on failed to, or was unable to, carry out his duties and it under the Industrial Arbitration Act, hereby or- thereby did not meet his obligations to the employer. ders— The broad timetable commences with the applicant's employment as a temporary Assistant Salaries That the Respondent pay to the Applicant the Officer on 20th May, 1974. On 3rd April, 1975 the ap- sum of $74.00 in full and final settlement of the plicant was transferred to the Personnel Branch claim. where he occupied the position of Zone Clerk with Dated at Perth this 17th day of October, 1983. the responsibility for maintaining the records of the (Sgd.) G. L. FIELDING, wages staff of the employer. On 10th November, 1982 he was transferred to the Accounts Branch as [L.S.] Commissioner. Student Fees Clerk. He went on annual leave between 3rd and 16th December, 1982. On 21st February, 1983 he received a letter from the Financial Accountant dated 17th February relating to certain work not done as at 14th February, 1983. There was a meeting to discuss the contents of that letter on 23rd February; immediately after which the applicant went on annual leave to return on 8th April. On return, the applicant was given another letter dated 6th April, detailing work not done or incomplete when he commenced his leave. A further meeting took place on that day when the applicant was required to give an explanation. On the basis of 23rd November, 1983] W HTE. 2253

the applicant's response, a report was prepared for The Financial Accountant believed it necessary to the Assistant Director, Administration but, before draw the applicant's attention to certain matters in a further action could be taken, the applicant went off formal manner and the letter of 17th February was on two weeks' sick leave. On return on 26th April, he prepared. That letter referred specifically to the ap- was suspended from duty and a further meeting was plicant's failure to reply to student correspondence, arranged for 2nd May with the Assistant Director. to his reluctance to participate in the flexi-time ros- Again the applicant was questioned about the unfin- ter for the office and to the allocation of the cash col- ished work and, there being no satisfactory response lection duties. from the applicant, his services were terminated. The applicant replied formally in the following I see no need to review the vast amount of evi- terms— dence, instead I will refer to certain general areas of I refer to your letter of 17 February 1983. activity with commentary on some of the evidence re- You should refer to my supervisor/s why I was lating particularly to those general areas because that instructed to engage in other duties rather than is where I believe the answer to the question raised the correspondence. by the applicant's claim is to be found. It was my decision to work standard hours During the first six years of the applicant's service, when my supervisor could not organise a satis- there is really nothing of note and it is assumed that factory flexi-time arrangement. Please do not at- work was done with a minimum of fuss. During the tach blame to me for the inadequacy of a super- 1980-1 financial year and thereafter, financial limi- visor. (Exhibit "A".) tations forced the employer to effect economies; an Nothing much in addition emerged from the meet- action which as far as the staff were concerned meant ing that followed. extra work. The applicant was not prepared or was The applicant went on leave and during this period not able to do the extra work, in the result some ill relief was provided. In the efforts to carry out the job, feeling developed between him and his supervisors the relief and the two supervisors uncovered a and his co-workers. Without going into the detail be- number of matters which had not been done by the cause it does not matter, the problem was resolved by applicant and which should have been done. I do not the transfer of the applicant to the Account Branch make any particular findings with respect to those in November 1982. The job to which he was matters except to note that most of them were estab- transferred was normally classified three grades lished to my satisfaction. below his position in the Personnel Branch but the In the subsequent meetings the applicant made it transfer was effected without loss of pay. quite clear that in a number of the matters the work There is, I believe, good reason to expect that the was not done because of the failure of the supervisors applicant would bring to the new job a level of ma- to direct. turity and responsibility commensurate with his sub- The determination of this case comes not from a stantive classification. By all accounts this ex- detailed examination of each of the alleged matters; pectation appears to have been realised because the the omissions, the incomplete work and the number applicant was able to clear away much of the out- of days when the applicant was absent from his post standing work as well as coping with current work in as a consequence of his system of flexi-time, but from the three weeks up to the time when he went on an overview of his attitude typified by the reply re- annual leave early in December. produced above. There is in that reply, when read On his return from annual leave he was faced with with the other evidence in this matter, good reason a busy period generated by re-enrolments and enrol- for the employer to have effected termination of the ments. In addition, no relief had been provided dur- applicant's services. ing his absence on annual leave and there were ar- It is clear that the applicant was not prepared or rears to catch up. Around Christmas time the appli- not able to exercise the responsibility required of an cant requested his two immediate supervisors to di- occupant of that position. I am sure the position de- rect him on a job by job basis. According to the appli- scription (Ex. 11) does not envisage a situation in cant, this was to remove any doubts as to what he which it is necessary for a supervisor to direct in the should be doing at any particular time and to ensure manner sought by the applicant. In any event, I that the work being done was that work which in the would have thought that his experience and substan- supervisors' eyes had the highest priority. tive grading would have been more than sufficient to In mid January the Financial Accountant returned cope with the Student Fees Clerk position even at the from annual leave and soon after allocated a new task busiest of times. to the applicant involving the collection of cash from I am satisfied that the applicant had every oppor- the cafeteria, the library (photo copying) and red tunity to do all that was necessary prior to going on 'phones. There does not appear to have been any real annual leave in February. That he failed to do all discussion on whether the applicant could cope with that was necessary is in my view a failure in his obli- this additional task. At that time the task had little gation to his employer. significance of the new task would not be apparent I am satisfied that the inability of the parties to se- until the academic year was well under way. cure a practical arrangement for flexi-time is no more There appears to have been some specific direction than a recognition of the fact that the applicant was by the supervisors in this period and the supervision not prepared to compromise by participating in a was frequent. During this period there was a problem scheme which was to be of mutual benefit. with the application of flexi-time and, in simple I find the applicant's attitude to his supervisors to terms, the applicant wanted to work times con- be a major hindrance in the smooth operation of the venient to him, times which did not recognise the office. The applicant appears to have lost sight of the needs of the department nor other officers. fact that the persons referred to as his supervisors By mid February the supervisors were concerned were more importantly his co-workers, where the fac- that insufficient progress had been made by the ap- tors of supervision need play only a small part in the plicant in reducing the backlog of work, day to day operation of the office. I have no doubt notwithstanding a big reduction in the current work. that the extent to which those factors were brought While there does not appear to be any incidents in into play was a direct result of the applicant's failure which the applicant refused to carry out directions, to carry out his duties in a responsible manner. the impression was gained by the supervisors that the Finally, I find that the employer has done more applicant could have done much more work in the than enough in its efforts to give the applicant every day. They confirm this impression after a comparison opportunity to fit in. There is in my view no sub- between the applicant's efforts and those of the re- stance in the applicant's claim that he was unfairly lieving officer who took over during annual leave. terminated and the application is dismissed. 2254 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

BEFORE THE WESTERN AUSTRALIAN apologised as requested and would not resign where- INDUSTRIAL COMMISSION. upon H became angry, took a piece of paper from his No. 316 of 1983. desk, and said "In order to stay competitive I have to drop your wages from the Fabrication Award (which Between Ralph Herbert Van Haastrecht, Applicant, he pays) down to the General Award". According to and Western Australian Institute of Technology, M he refused to accept that arrangement and this re- Respondent. sulted in a most irate H calling his Secretary into the Order. room and asking her whether he could sack a worker HAVING heard the applicant on his own behalf and for misconduct for swearing at him. When she replied Mr L. A. Jackson (of Counsel) with Mr J. Black on in the affirmative H had ordered him out. behalf of the respondent the Commission, pursuant In short, the claimant's story is that he had worked to the powers conferred on it under the Industrial Ar- hard on an urgent, precision type job on a humid day bitration Act, 1979 hereby orders— and had "just had enough". When H arrived, instead That the application be dismissed. of receiving praise, he had been addressed curtly and Dated at Perth this 14th day of October, 1983. had reacted to anger with anger in his native tongue. Although he said that he used the German language (Sgd.) G. A. JOHNSON, so as not to offend H in front of English speaking fel- [L.S.] Commissioner. low workers I do not accept that. I am quite sure that when he uttered the words consideration for his boss was the last of his thoughts. After he had apologised in the office H cogitated the episode and then wanted him to resign. M would not resign after apologising and it was then that H informed M that he would BEFORE THE WESTERN AUSTRALIAN have to take a substantial drop in wages if he re- INDUSTRIAL COMMISSION. mained. It was only after his refusal to accept that ar- No. 282 of 1983. rangement that he was summarily dismissed. Between Roland Matzke, Applicant, and J. and E. M admitted to having lost his temper when he Hofmann Engineering Pty. Limited, Respon- swore, regretted it later and still regrets it. From his dent. account he would not have been summarily dismissed for swearing at H had he been prepared to accept the Before Mr Commissioner B. J. Collier. drop in pay. The 16th day of September, 1983. The evidence of H was to the effect that he had Mr D. M. McKenna (of Counsel) on behalf of the drawn to his staff's attention that washing hands be- applicant. fore knock off time was forbidden and that anyone Mr J. Birman on behalf of the respondent. who persisted would be reduced in wages to that pre- Reasons for Decision. scribed by the Metal Trades (General) Award 1966. THE COMMISSIONER: This mat ter is a claim by At around 3.45 p.m. on 24th November, 1982 he Roland Matzke (hereinafter referred to as M) that he walked down the centre aisle of his workshop and saw was unfairly dismissed from his employment by J. M standing vyith two other employees by his and E. Hofmann Engineering Pty. Limited. The ap- machine. As he came closer the other two dispersed. plication is brought under the provisions of Section When he was about two metres away from M he 29 (2) (a) of the Act as the claimant seeks compen- asked him to "follow me to my office please". He sation rather than re-employment with the respon- turned, thought his employee was following and when dent. about eight metres away heard M shouting at him in The circumstances surrounding the summary sev- German the "famous expression". He walked back erance of a seven years and seven months employ- and said "Roland, what you just said is reason for in- ment relationship between the parties included some stant dismissal. Do you realise what you just said?" unusual features and the evidence of the claimant The employee then repeated the expression. H at- and that of the managing director of the respondent tested that he looked at his watch and saw that it was company (hereinafter referred to as H) clashed in im- exactly three minutes to four. His version of what portant detail. Each swore his version of events to be then occurred is as follows:— correct but I formed the view that dignity and pride I said "Roland, it is three minutes to four; you may have coloured their appreciation of what actu- are still in working time; come with me." Then ally happened on the day of the dispute and the pass- he said "I'm not a schoolboy. If you want to talk age of time may have blunted their recollections. to me, talk by my machine." I said "I have a M claimed that on 24th November, 1982 he had right—that you talk in my office and you don't been employed on an urgent job and had finished it, leave me any other choice than to dismiss you including the cleaning up of his machine, a few min- now for misconduct." I repeated this on the lathe utes before knock-off time, ie. 4.00 p.m. He had de- already. layed proceeding to the toilet because the job was He came with me into the office after that dis- urgent but did so at about t hree minutes to 4.00 p.m., cussion. On arriving in the office I said again having first washed his hands. After his return H "What you have just said constitutes dismissal. walked up to him, looked at M's hands, "shook his No way will you be able to work out there again head in disbelief" and disappeared. A few seconds but due to your long service I will give you the later he re-appeared, walked past M and from a dis- chance to resign, providing you apologise." With- tance of about ten metres "called me like a dog in a out any doubt, quite clearly he said "No; sack commanding voice, "would you come to my office me." Then I said "Roland, you have seven years please?"" The claimant attested that he was so with us. It is just before Christmas; you won't get angry about his treatment that he swore spon- another job. I suggest you think about it and taneously in the German language. H said "Pardon, apologise". Then he said in a very cynical voice what did you say?", so he repeated the phrase in something like "Okay" but I did not know what German. H then gave him the choice of leaving im- he said exactly. It was mumbled. He immedi- mediately or going to his office. He chose the latter ately repeated afterwards "If you want to get rid and on arrival at H's office said that he was very of me, sack me". At no stage in there did I offer sorry. M said that H murmured "That's all right, him a reduction in wages for staying. This was that's all right" but then repeated a number of times only mentioned prior to this incident not in that that the employee should really leave on account of instance. I also told him that, in fact, he did not what he had said. The claimant told H that he had even know why I called him into the office. The 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2255

question of why I called him into the office never I have considered the facts of this case from many came up. I wanted to call him into the office. angles. H said in his evidence that washing hands be- Then 1 called Mrs Walker in and told her the fore knock off time was a continuous problem with M story—the whole story—and Mrs Walker is my but there is nothing in the evidence to support that pay mistress and she is versatile with the indus- view. He said that when the matter was raised at a trial matters compared with me. I asked her regular staff meeting it was really directed at M only "Does that constitute dismissal?" and Mrs although Exhibit 1 would indicate that the problem Walker then asked Mr Matzke "Is it true what was wider than that. I have concluded that H was Mr Hofmann just said?" and Mr Matzke actu- quite angry when he saw three workers around M's ally confirmed it, but again in a very choking machine shortly before knock off time on 24th way. I then said "You are dismissed from now November, 1982 and spoke curtly after seeing that M on". I then walked him over to the workshop to had clean hands. I believe that the request for M to pick up his tools and out of the workshop. I did follow H to his office was given in an authoritative not order him out of the office. I think that is voice and was for the purpose of informing M that his basically it. (Transcript p.41 and 42.) pay was to be reduced (see p.42/43 transcript). Both men were angry and M exploded with an expression Other evidence led by the respondent did not assist in German which he said was meant to convey that the Commission much. The Works Manager told of he wanted to be left alone and not picked on one isolated case when he had reminded M that he "because in two minutes time he wanted to go home should not break early for a cup of tea. He spends all after a hard day's work" (p. 8 transcript). However, I day on the shop floor, said that foul language is used think M's retort was an expression of anger and have on the floor "like in every workshop", the expression little doubt that the German phrase takes on differ- complained of was used in the factory, he had used it ent meanings depending on the tone of voice. It can himself but was not sure whether he had ever said it either be jocular or offensive in similar vein to the ex- to M. However it was possible that he had. It was an planation of the Australian idiom by John O'Grady expression that could be used in a joking or serious in his "classic" Aussie English. way and he would not use it in the latter. On the face of it one might well expect an em- A worker employed about one and one half metres ployee to be dismissed for deliberately swearing at from the claimant said that he heard M shout the ex- the managing director of his firm. However, this is a pression at H, who turned around and asked "if he Western Australian workshop where swearing is not really meant that". M repeated the expression. H had unusual, where the workshop manager admits to then said "You don't leave me any alternative but to using the term although in different tone, where the sack you". The worker said that he did not speak employee concerned is known to the managing direc- German but spoke Dutch. He knew a few German tor by his given name, where the managing director swear words. When questioned by the Commission as has worked on the floor himself during the past 15 to the tone of M's voice the witness said that it was years and now spends one or two hours a day in the just an ordinary voice but whether he understood the workshop. There is obviously more personal contact questions is doubtful. Under cross examination he between employee and employer than in large under- was unclear as to the time of the incident—at one takings. The expletive phrase used was in a foreign stage saying that it was after 4.00 p.m. He agreed that tongue and only those who understood the language swearing was used on the shop floor but rather sur- could have known what passed between the two men. prisingly, in view of the evidence of the Works Man- Australians would have detected that something was ager, had not heard the expression complained of be- wrong from the tone of M's voice but that would be fore. all. Even H's Secretary had to ask for a translation before she gave her opinion. A fitter machinist who has been employed by the respondent for about four years said that on the My task is to endeavour to ascertain where the afternoon in question he had heard M screaming at H truth lies. As stated earlier I think both men believe the words "Du kannst mich am arsch lecken". The that their versions are correct although I am inclined two men were about eight metres apart. He heard to the view that M's version of the dialogue between conversation between them. Swear words were not the two men in H's office is the more accurate. I find used a lot on the shop floor and he had never heard it difficult to appreciate why H would have raised the the phrase complained of used on the shop floor. matter of wages after M had allegedly refused to re- However, it is an expression used quite often by sign. An apology for swearing in an emotional out- Germans and would roughly equate in English with burst resulting in another chance being given pro- "f... off". vided that the employee's wages reverted to the Award wage does seem the more likely—particularly The managing director's Secretary, Bookkeeper as that was the obvious reason why H wanted M in and Wages Clerk, who has been employed by the re- his office in the first place. spondent for 10'A years, said that she was called into H's office that afternoon. H and M were sitting op- As to the effect on discipline etc. on the workshop posite each other at a table. She was asked by H floor it was said by H that he had been told that whether the statement made by M was grounds for within minutes of the occurrence the whole workshop dismissal. She asked what it meant in English, was knew about it. While news travels fast I have doubt rather taken aback when told (I am unaware just that an account of the happening would have reached what she was told) and she asked M whether he had 90-odd people before the whistle blew on that day. said that. M looked at her, smiled but said nothing. She said "Don't you realise that you cannot speak to The Commission was invited to examine decided the boss in that manner. He is our authority". M said cases on the subject of misconduct dating back to nothing. She then told H that she believed it was 1917 but my task has been very clearly laid down for grounds for instant dismissal for misconduct. The me by the Commission in Court Session in the witness also stated that she had seen M wheeling his Wongan Hills case. That Authority was viewed with bike to the side of the factory and putting it against favour by the Full Bench as late as last month in the the wall. Under cross examination she first said that Ratcliffe and P. C. Kerr & Associates case when it this was about four minutes before knock off time was said— but later retracted this when told that this was about Section 29 of the Act permits an employee to the time when the claimant and H had words in the bring application to the Commission in person factory. where unfair dismissal is claimed. 29521—4 2256 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

The Commission has a discretion to interfere re-instatement, and at the request of the respondent, where it is considered fair and just. The prin- an opportunity will be given to the parties to address ciples involved are plainly set out in the Wongan themselves further to the matter of compensation at Hills Hospital case (59 W.A.I.G. 11 at 12):— the Speaking to the Minutes. An employer has the right to termin- The Minutes of a proposed order will now issue. ate the services of an employee but it is not an unqualified right. An employee has the right to remain in his'employment, but it is not an unqualified right. The right to terminate the employment in the one case and to retain the employment in the other case BEFORE THE WESTERN AUSTRALIAN have attendant obligations. An employer INDUSTRIAL COMMISSION. may dismiss an employee but if, in all the No. 282 of 1983. circumstances, the dismissal is shown to the Commission to represent an unfair exercise Between Roland Matzke, Applicant, and J. and E. of the right of dismissal the Commission will Hofmann Engineering Pty. Limited, Respon- interfere with that exercise of the right, and dent. will, to the extent that appears fair, protect Order. the employee in his employment. HAVING heard Mr D. M. McKenna on behalf of The principles are also explained in the Hospi- the applicant and Mr J. Birman on behalf of the tal Salaried Officers Association v. Hon. Minis- respondent the Commission, pursuant to the ter for Health (61 W.A.I.G. 1722). powers conferred on it under the Industrial Arbi- In this, as in each other case, the Commission tration Act, 1979 hereby orders— is required to exercise its authority by acting in That the respondent shall pay to the applicant accordance with equity, good conscience and the the sum of $1 061.25 within twenty-one (21) days substantial merit of the case (section 26). It is in of the Order. this way that the Commissioner is required ob- Dated at Perth this 28th day of October, 1983. jectively to decide whether it was unfair to terminate the services of the employee in the pres- (Sgd.) B. J. COLLIER, ent circumstances. [L.S.] Commissioner. I do not propose to discuss the principles further except to repeat with respectful approval what Kelly C. C. said in the H.S.O.A. case (supra) that— The duty of the Commission in reinstatement BEFORE THE WESTERN AUSTRALIAN cases is the same as its duty in all matters which INDUSTRIAL COMMISSION. come before it, namely to exercise its jurisdiction No. 450 of 1983. according to equity, good conscience and the Between Rosanda Ristic, Applicant and Poon Bros substantial merits of the case (section 26), that is (WA) Pty Ltd, Respondent. to say to act fairly, without bias or preconception according to one's judgment of the facts and cir- Before Mr Commissioner G. L. Fielding. cumstances of the case. The standards to be ap- The 6th day of October, 1983. plied in assessing the substantial merits of the Mr M. Tatarynowicz on behalf of the Applicant. case must, I think, be contemporary standards Mr T. Dobson on behalf of the Respondent. which would find acceptance with "the ordinary reasonable man". The judgment is not to be Reasons for Decision. made arbitrarily, capriciously or according to the whim of the arbitrator, but neither is it to be (Given extemporaneously at the conclusion of the made according to predetermined categories or submissions, taken from the transcript as edited by catechisms. the Commissioner.) THE COMMISSIONER: The Applicant once A study of British cases leads me to the view that a worked for the Respondent as a kitchenhand at its sudden outburst in a foreign tongue in the circum- Wedgefield premises near Port Hedland, where it stances outlined above would not justify summary provides accommodation facilities for contractors dismissal in these times. See Wilson v. Racher (1974) working nearby. She claims to have been unfairly dis- I.R.L.R. 114 C.A.; Laws v. London Chronicle Ltd. missed, either deliberately or constructively, from (1959) 2 all E.R. 285 C.A.; Munif v. Cole and Kirby her employment on or about 13th June, 1983, and Ltd. (1973) I.C.R. 468; Chantrill v. W. F. Shortland seeks reinstatement. In brief, her contention is that Ltd. (1974) I.R.L.R. 333; Ismond v. Nelson Cain she was dismissed for complaining about the chef at Automatics Ltd. (1975) I.R.L.R. 173; Rosenthal v. Wedgefield. Alternatively, she claims she was unable Louis Butler (1972) I.R.L.R. 39. to continue to work with the chef because he physi- Conduct which justifies dismissal in one context cally harassed her whilst the Respondent did nothing may not do so in another (See King Edward Mem- about it, and so infers that she had no proper alterna- orial Hospital Case (60 W.A.I.G. p.403)). There is no tive but to leave the Respondent's employ. The Re- evidence that M displayed aggression at his work or spondent, on the other hand, said in essence that the spoke unseemly to others. Indeed, he was described Applicant abandoned her work and thus was not dis- by H in his evidence as "very much a loner who missed, let alone unfairly so. didn't have any friends at the works at all". There is Much of the evidence adduced in these proceedings nothing to show that he was other than a competent was remarkably conflicting. The task of unravelling tradesman who applied himself diligently to his that conflict is more difficult than usual because for work. After over 7 V2 years service with the employer many of the witnesses, including the Applicant, the one solitary outburst of German profanity expressed English language is not their native tongue. in retaliatory anger at the end of the day does not, in The material facts as I find them are as follows. my view, justify summary dismissal. I regard the out- The Applicant commenced to work for the Respon- burst and its repetition as being one and the same in- dent on 6th July, 1982 as a kitchenhand. In April this cident in the circumstances of the exchange. year because of a downturn in the occupancy levels of The Commission finds that M was unfairly dis- the accommodation facilities provided by the Re- missed from his employment. However, as M has now spondent, the normal hours of work for a number of obtained other employment and no longer requires the employees employed by it at Wedgefield were 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2257 reduced. Thus the Applicant's work status, along On the following day, a meeting was arranged at with that of a number of her colleagues, was altered the Applicant's instigation in the South Hedland from full-time to part-time, with four hours' work offices of the Member for Kalgoorlie in the House of each day. Subsequently, it became necessary for the Representatives, Mr Campbell. The chef was present same reason to terminate her employment and that at that meeting, as was the Applicant and senior of a number of her colleagues. She was given the managers from the Respondent. Much the same requisite notice of termination, to take effect on 8th ground was traversed at that meeting as had been May, 1983. Not surprisingly, she was concerned first covered at the meeting held at Wedgefield on the about the reduction in the normal hours of work and previous day. In particular, the Respondent repeated then about the loss of her job. She spoke to the Re- its assurances with respect to any indecent dealings spondent's Wedgefield Manager, Mr Goodwin, about or suggestions by the chef, and reiterated its offers of the matter. He regarded her as a good employee and alternative employment for the Applicant. She was at his instigation she was offered part-time work at given the opportunity to discuss these alternatives the Respondent's premises at Cooke Point, acting in with her husband but, because by this time there was a relief capacity for employees then on leave. She ac- an urgent need to fill the position of kitchen-hand at cepted this position on the understanding that she Wedgefield, it was made clear to her that she was re- would get her job at Wedgefield back as soon as poss- quired to give the Respondent an indication of what ible. The Respondent concedes what the Applicant job she would take up, if any, no later than 9.00 a.m. inferred, that her employment was continuous so the next day, which was a Saturday. She did not do that the notice of termination was effectively with- that and on Mr Poelzl's instruction Mr Goodwin drawn. sought without success to contract her over the weekend to find out what her intentions were. The Appli- The Applicant commenced work at Cooke Point on cant says that the reason for her failure to contact the 16th May, 1983, and continued to work from there Respondent as arranged was because she could not until early in June, when she was advised that she make contact with her Union convenor, although I would be required to return to Wedgefield with effect am somewhat sceptical of the determination with from 9th June. Under her contract of employment, which she sought to make that contact. The Appli- she was liable to be transferred from site to site, and cant finally contacted the Respondent's Wedgefield under the relevant Award, provided notice was given, Manager late on the morning of Monday, 13th June as it was, her status could be varied from permanent last and indicated that she would be coming back to to part-time and vice versa. Wedgefield. The Respondent's reply was that it was On the day before she was due to take up her work now too late and there was no job for her. as kitchenhand at Wedgefield again, she called on the Respondent's Port Hedland Area Manager, Mr The Applicant's version of the events surrounding Poelzl. She told him she was not happy to go to this matter is somewhat different, although not en- Wedgefield because she was made to do heavy work tirely different, from the events as I find them to be by the chef, and also because he had physically har- and as outlined above. Taking into account her obvi- assed her and in particular had make indecent ges- ous language difficulties, I am not satisfied that the tures to her. Mr Poelzl proposed that she, her Union events occurred as she testified. Indeed, I think her convenor, the Respondent's Wedgefield Manager and credibility with respect to this matter is open to he, meet at Wedgefield the next day shortly before serious question. Apart from the impression formed she was due to commence work to discuss the prob- by her demeanour, her testimony as to the events, lem. This the Applicant apparently agreed to do. particularly as to the happenings at the various meet- However, on the next morning, the day on which she ings, conflicts with that of many of the witnesses and in particular Messrs Newhouse and Poelzl, who both was due to start at Wedgefield, the Applicant again presented as most impressive and credible witnesses. approached Mr Poelzl and told him that she would After having heard and observed the Applicant, I not return to Wedgefield. He drew her attention to find it difficult to conclude that her evidence ought the planned meeting arranged for later that day. to be preferred to that of the others, which so far as However, in view of her attitude, he offered her a job the meetings are concerned is corroborated by the as a part-time night cleaner at Nelson Point, but that note supplied by Mr Campbell of the happenings at did not suit her domestic needs. the meeting convened in his office. Further, as to the The meeting arranged for Wedgefield took place as complaints with respect to the chef, there is a ma- planned. There the Applicant outlined her com- terial conflict in her testimony with that of Mr plaints in respect of the chef and the job at Newhouse, a former employee of the respondent but Wedgefield. The chefs misdeeds of which she com- who is now a Community Youth Support Scheme Co- plained had taken place in or about the middle of last ordinator, and who was called by the Applicant. He year. No such specific complaints had been made by impressed me as a very honest witness and a person the Applicant to the Respondent's officers then, who was as interested as any in the Applicant's wel- although a similar complaint had been made by fare. The Applicant testified that in the course of another employee in November last, and Mr seeking to resolve the problem surrounding this mat- Goodwin acknowledged that the chef had been the ter, Mr Newhouse had suggested to her that if she subject of a good deal of talk amongst the staff prior signed a note to the effect that she had had sexual re- thereto, but he had not seen anything untoward. The lations with the chef, he would pay her money as Applicant was adamant at that meeting in her refusal compensation for any inconvenience she had suf- to return to Wedgefield despite the Respondent's as- fered, but Mr Newhouse flatly and convincingly de- surances given at that meeting that any indecent nied that this was the case. I am led to wonder how dealings, suggestions or harrassment of the staff by many other errors there might be in her testimony. the chef would not be tolerated, and any complaints Nothing I heard from the Applicant or saw of her by the staff would be promptly acted upon. In the re- throughout these proceedings leads me to believe sult, the Respondent repeated its offer for the Appli- that her testimony was otherwise reliable. cant to work as a part-timer cleaner at Nelson Point, but again the Applicant rejected that. She was then In short, I have grave doubts as to whether the Ap- offered casual employment at Cooke Point. Those plicant's real reason for refusing to take up her pos- whom she had been relieving had returned and its ition at Wedgefield again was as she said. I find it was not possible for her to remain in permanent part- odd that she did not report the alleged indecent deal- time employment there. She also rejected that offer, ings to any of the Respondent's officers earlier than objecting to being reclassified from a permanent em- she did, particularly as in November last a fellow fe- ployee to a casual one. She then walked out of the male employee had complained, as she knew, in a meeting. similar fashion to Mr Goodwin about the chef. 2258 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

Further, 1 accept it to be a fact that she complained BEFORE THE WESTERN AUSTRALIAN to Mr Goodwin when her houes of work were reduced INDUSTRIAL COMMISSION. at Wedgefield, and when she was forced to leave No. 502 of 1983. through her job being rendered redundant. That con- Between Victor Liakishev, Applicant, and Red Hot duct is hardly consistent with a claim that it was im- Parcel Taxis, Respondent. possible to work with the chef. Moreover, I accept Mr Goodwin's evidence that it was her desire to remain Before Mr Commissioner G. L. Fielding. at Wedgefield which led him, when she was The 27th day of October, 1983. transferred to Cooke Poiiit, to undertake that she Mr V. Liakishev in person. could return with the first vacancy. Moreover, 1 ac- Mr V. V. Hockless (of Counsel) on behalf of the cept Mr PoelzPs evidence that in her intital approach Respondent. to him she emphasised the heavy nature of the work required at Wedgefield more than the indecent har- Reasons for Decision. assment by the chef as her reasons for not wanting to return to Wedgefield. The Respondent's Cooke Point (Given extemporaneously at the conclusion of the Manager likewise testified that she complained only submissions, taken from the transcript as edited by of the heavy nature of the work when she was told the Commissioner.) she was to return to Wedgefield. Mr Poelzl's THE COMMISSIONER: This is a claim brought by impression was that the Applicant simply preferred the Applicant pursuant to the provisions of section the work at Cooke Point to that at Wedgefield and 29 (2) (b) of the Industrial Arbitration Act claiming, that that was her prime reason for not wanting to go as he says, a benefit under his contract, being one to Wedgefield. I am led to say, in light of what I have week's pay in lieu of notice. That in terms of money heard in these proceedings, that there are grounds for appears to be $310 gross. such a suspicion. The Applicant says, in short, that on Friday, 12th Even if the Applicant's real reason for not wanting August, he gave the Respondent one week's notice of to return to Wedgefield was her fear of indecent deal- his intention to terminate his employment. He says ings or suggestions by the chef, it is difficult to see that that notice was to take effect with the close of what else the Respondent could have done in the cir- business on the following Friday, which would have cumstances to overcome the problem. In the absence been 19th August. That fact is undisputed. of specific and immediate complaints about this con- Also undisputed is the fact that at the beginning of duct, it would be difficult to remove the chef. Inci- Monday, the Applicant was summarily dismissed dents said to have occurred more than six months from the Respondent's employ. The Respondent says earlier are hardly a satisfactory basis on which to now that was because, firstly, he indicated on Friday, 12th remove him. The Respondent's officers delivered a August, that he would refuse to perform a duty which clear and unequivocal ultimatum to the chef in the would have been required of him on the following Applicant's presence and gave firm assurances about day, Saturday, 13th August. Secondly, the Respon- the matter to her personally at two meetings. When dent says that the Applicant interfered with its that was not satisfactory for the Applicant, it offered business operations by seeking to persuade drivers her alternative employment, both permanent or cas- whom it employed for the purpose of carrying on its ual. The permanent employment at Nelson Point business, to leave its employ and join a competitor; involved at least the same number of hours she would and finally it is said that the summary dismissal was work on her return to Wedgefield. She was given also grounded on the basis that the Applicant sought more than a reasonable opportunity to decide what to persuade customers of the Respondent to place course she wanted to adopt, but did not meet the their business with a competitor. deadlines which I am satisfied that she knew of and The events surrounding 12th August, 1983, are the accepted. By refusing to take up duty on 9th June at subject of conflicting evidence. The applicant says Wedgefield when required to do so, and then by not that on that day, at about 6.00 p.m. after he had indicating what her intentions were thereafter as ar- knocked off work, he was sitting with some ranged, I think it is properly the case that she aban- workmates, drinking and generally relaxing and en- doned her work and was not unfairly dismissed, con- joying himself, when the Respondent's fleet Co- structively or otherwise, as she claims. Even in these ordinator indicated to him that on Saturday he proceedings the Applicant said that she would only would be required to train a new driver, or at least go back to Wedgefield on the condition that the chef explain to the new driver what the Respondent's pro- is removed, and still objects to taking the alternative cedures were. It is not disputed that that was a nor- employment offered to her. mal part of the Applicant's work function. The Ap- plicant says his response to that was, in a jocular fashion, initially that he would not do it and then indicating that of course he would do it. With that, he says the Respondent's Fleet Co-ordinator indicated that if he did not do it, he would have trouble with the driver during the week. To that the Appli- BEFORE THE WESTERN AUSTRALIAN cant says he responded that that would not worry INDUSTRIAL COMMISSION him greatly because he would not be working after No. 450 of 1983. the week was out. Between Rosanda Ristic, Applicant, and Poon Bros The Respondent's version is to the contrary. The (WA) Pty Ltd, Respondent. Fleet Co-ordinator says she approached him and told Order. him that on Saturday he would be required to train the new driver, and says that the Applicant's re- HAVING heard Mr M. Tatarynowicz on behalf of the sponse was that he could not be bothered about that, Applicant and Mr T. Dobson on behalf of the Re- he was not going to do it, he had given his notice spondent, the Commission, pursuant to the powers earlier that day and, so far as he was concerned, he conferred on it under the Industrial Arbitration Act., did not care about the Respondent any more. The 1979, hereby orders— Respondent's Fleet Co-ordinator says that she was That the Application he dismissed. somewhat shocked by that and walked out. She told Dated at Port Hedland this 6th day of October, her father who is the managing director of the 1983. company which owns the business. He endeavoured to contact the Applicant that night at his home, with- (Sgd.) G. L. FIELDING. out success. The result was that the Fleet Co- [L.S.] Commissioner. ordinator says she was instructed by her father to tell 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2259 the Applicant on Saturday when he came in to wort about the matter, such that I am simply not satisfied that he was to go home. She says that she did that. on balance that the Applicant did clearly and un- Subsequently, on the Monday, when he came in to equivocally refuse to perform the work which would work, the Applicant was dismissed summarily for the have been required of him on the Saturday. reasons I have mentioned. Moreover, given the time at which the discussions 1 do not propose to recite the facts in any more de- took place between the Applicant and the Fleet Co- tail than that. I accept the position to be as Mr ordinator, I think it might have been preferable if his Hockless, Counsel for the Respondent, has said it to claimed refusal had been put to a test. It is apparent, be; that if any one of the three grounds stated in the having heard from the Applicant, that if it had been Respondent's answer were made out, then his client, put to test he would have done the work. He says he the Respondent, would be justified in summarily dis- would have and he was at work on the Saturday. missing the Applicant as it did. It would follow from my findings of fact that the The law is well settled that an employee has a duty Respondent has simply not made out its case to of fidelity and that requires, amongst other things, justify summary dismissal of the Applicant. That that he does nothing during the course of his employ- being so, the Applicant would be entitled to serve out ment which is hostile to the commercial interests of his period of notice. The only reason he did not do his employer. That obligation of course remains that was because he was not allowed by the Respon- whilst the period of notice runs. Thus, so far as the dent to do so. He would therefore be entitled to Applicant is concerned, that obligation remains until recover payment for the full period of the notice, the notice in fact expires or would have expired in which in gross terms at least is $310. The acknowl- this case which, as 1 understand it, would have been edged fact is that he has been paid $62 for one day's at the close of business on Friday, 19th August. How- work in that week and that would have to be taken ever, as 1 indicated to Mr Hockless in his closing ad- into account. Thus he would be entitled, on my fig- dress, there is really no credible evidence on which I ures, to recover $248 gross. Of course the benefit he could find, even on balance, that the applicant did has lost under his contract is the net sum. interfere with the business operations of the Respon- Subject to what Counsel for the Respondent has to dent. He flatly denies that he sought to entice drivers say and what the Applicant himself has to say, I to leave the Respondent's employ or customers to think that gross figure would be in the vicinity of break their contracts or end their relationship with $165, taking into account the normal tax on an in- the Respondent. The only evidence as to that is hear- come of $310 per week, and taking into account the say evidence given by the Respondent's principal. I $62, but I am prepared to hear the parties on that. am simply not prepared to act on that evidence, in all the circumstances. The other ground is, as I have said, if made out, sufficient also as a ground of summary dismissal. Summary dismissal can be substantiated if it is shown on balance that the employee has done an act which indicates that he no longer regards the contract of employment as being on foot. The refusal to do a normal part of one's working function such as that indicated on this occasion, clearly fits that category, but in matters of summary dismissal the BEFORE THE WESTERN AUSTRALIAN onus rests on the employer to show that the act com- INDUSTRIAL COMMISSION. plained of in fact occurred, the standard of proof being the civil standard; that is to say, on the balance No. 502 of 1983. of probabilities. Between Victor Liakishev, Applicant, and Red Hot Parcel Taxis, Respondent. I am bound to say that I am simply not satisfied on balance that what the Respondent's Fleet Co- Order. ordinator has said about the events on Friday, 12th HAVING heard Mr V. Liakishev in person and Mr V. August, is a fact. Her evidence was somewhat unsat- V. Hockless (of Counsel) on behalf of the Respon- isfactory. She balked at indicating precisely what it dent, the Commission, pursuant to the powers con- was that the Applicant said to her about his attitude ferred on it under the Industrial Arbitration Act, towards the Respondent. I thought that might have 1979 hereby orders— been simply her diffidence or modesty which prevented that from being said, but when in cross-exam- That the Respondent pay to the Applicant the ination she was unable to indicate whether it was in sum of $165, in full and final settlement of the fact she who on Saturday told the Applicant that he claim. was to leave the workplace, it leads me to be some- Dated at Perth this 27th day of October, 1983. what suspicious of her evidence. Having earlier been quite categoric that it was she who had told the Ap- (Sgd.) G. L. FIELDING, plicant this, in the face of cross-examination from the [L.S.] Commissioner. Applicant that it was her sister who told him and not her, she was less than convincing. As well as those factors, the Applicant says that although he initially rejected the request, it was_ in a jocular fashion and afterwards, equally in a light- hearted fashion, he indicated that he would in fact do the work. Although I am bound to say I do not regard the evidence of the Applicant as entirely convincing, I am simply not satisfied that the evidence of the Fleet Co-ordinator ought to be preferred to the extent of rejecting the Applicant's evidence where it conflicts with hers. Finally, I think it is to be noted that Mr Wagner, the Respondent's Principal, in his evidence placed much more emphasis on the Applicant's infi- delity than the misconduct in refusing to perform his work. That also leads me to have sufficient doubts 2260 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

CONFERENCES—Matters had all been referred to the Commission then, in the present economic downturn, the Commission would Referred be spending a great deal of its time in hearing applications for redundancy payments. He referred to re- BEFORE THE WESTERN AUSTRALIAN cent decisions in the New South Wales Industrial INDUSTRIAL COMMISSION. Commission by Macken J. and Fisher P. which in his No. CR86 of 1983. submission, supported the view that attitudes Between Amalgamated Metal Workers and Ship- towards redundancy payments had changed con- wrights' Union of Western Australia, Claimant, siderably since 1978 and, inferentially, asked the and Flower Davies Wemco Thyer, Respondent. Commission to accept the instant claim as most Before Mr Commissioner B. J. Collier. reasonable in current times. The 23rd day of September, 1983. Mr Parks, who appeared for the respondent, Mr J. Sharp-Collett on behalf of the claimant. favoured the Commission with numerous references to decided cases in this jurisdiction which, he said, Mr C. B. Parks on behalf of the respondent. supported the contention that only in special circumstances should the relevant award provisions be de- Reasons for Decision. parted from. He stressed to the Commission the fact THE COMMISSIONER: This is the first of several that there were standard long service leave provisions matters referred to the Commission for hearing and in awards of this tribunal drawing attention to the determination under section 44 of the Act which are 1977 General Order (58 W.A.I.G. p. 116) and directed claims by the Amalgamated Metal Workers and the Commission's attention to decisions which sup- Shipwrights' Union of Western Australia for ported the view that where contractural rights are es- redundancy payments to its members. In each matter tablished and an employer acts within those rights the Union seeks a payment to a retrenched worker of then the Commission should not interfere with them a sum equivalent to the monetary value of pro- unless there has been a fundamental denial of natu- portionate long service leave. ral justice. Further, it was put to the Commission The parties in all of these matters agreed that an that understandings reached between unions and em- "in principle" argument should be advanced in the ployers in relation to redundancy provisions should instant case and that such argument should be incor- be approached with very great caution. porated and applied to the facts in the succeeding Having considered all of the arguments advanced cases, thus eliminating the need for repetition. by the parties, I make it clear that the Commission is The claim in the present proceedings is opposed by not considering the question as to whether, the respondent. notwithstanding the provisions of the 1977 Long Ser- It would seem that Mr R. Morald, a member of the vice Leave General Order, pro rata long service leave applicant Union, commenced work on 3rd May, 1973 should be paid to an employee with less than 10 years and was employed continuously by one employer or service whose position has become redundant. Rather another (due to the transmission of business) until do I see the claim as compensation for redundancy his services were terminated by the respondent on with, the Commission's general standard for long ser- 10th December, 1982. Mr Morald is 45 years of age vice of 13 weeks' leave for 15 years' service being used and seems to have been a victim of the rationalisation by the applicant simply as a convenient measuring of company structures probably associated with the stick. general economic downturn. On 1st July, 1982, This Commission has been prepared in recent Flower Davies Wemco, Engineering Division, became years to award to retrenched employees payments in Flower Davies Wemco Thyer Engineering which is a excess of those prescribed by relevant awards. How- joint venture between Flower Davies Wemco Pty. ever, not every employee whose services have been Ltd. and the Adelaide based Thyer Rubber Company terminated has received a redundancy payment, each Pty. Ltd. In a letter dated 30th June, 1982, Mr case being considered on its merits. I think it fair to Morald was informed that the purpose of the new say that decisions of the Commission relating to partnership was to maximise the manufacturing and redundancy have reflected the principal objects of market resources of both companies to ensure that the Act and in particular, that contained in section the new division achieved market leadership in 6(c) which reads:— rubber and polyurethane wear resisting products (c) to provide means whereby changing social supported by sales and service of mining and indus- attitudes may be reflected in conditions of em- trial engineering equipment. Apparently Mr Morald ployment peacefully, progressively and without was involved with the fabrication of steel bits and disrupting industry or the community. pieces for the mining industry but this was phased out following the amalgamation and his position fi- Attitudes towards redundancy payments to re- nally became redundant. When his services were ter- trenched employees in Australia are changing. The minated, Mr Morald had completed nine years and Commission is aware, not only from submissions and seven months of continuous service. exhibits in the instant case but from a reading of industrial relations literature that many agreements In support of its claim, the Union drew the Com- have been reached in this State and elsewhere in mission's attention to a number of decided cases in Australia on compensation for redundancy. Likewise, this jurisdiction. The purpose was to convince the industrial tribunals with increasing frequency are Commission that no standard had been endorsed in settling disputes by awarding compensation for re- this jurisdiction for general redundancy payments trenchment in the economic downturn. Indeed the and thus far all cases had been treated on their direction in Australia is tending towards the overseas merits. In a number of instances the Commission, approach to the problem, particularly that of mem- variously constituted, had applied certain principles which had been enunciated in what is referred to as ber States of the European Community. the Ingle's case [59 W.A.I.G. p. 400] but that in more I have no intention in this "in principle" decision recent times decisions had been made which gave re- to attempt to set any general standard of redundancy trenched employees compensation equivalent to the payment. All I propose to decide is whether the claim full value of pro rata long service leave. made can be regarded as reasonable in the circum- Mr Sharp-Collett, who appeared for the Union, ad- stances. vised that there were many disputes concerning Recent decisions in New South Wales (see, for redundancy which were resolved through negotiation example, Steel Works Employees' Broken Hill Pty. between the union and employers. He suggested that Ltd. and other awards—Fisher P. 14th January, if the cases which had been resolved by conciliation 1983; A.R.U. v. Coal Association Macken J. 10th 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2261

June, 1983; Labour Council of N.S.W. and others v. This case is very similar to one considered by Albert Crocker and Son Pty. Ltd. and others (also Johnson C. in March 1981 when another employee of matters 126 and 170 of 1983)—Fisher P. 29th July, the respondent had his services terminated due to 1983) have convinced me that the claim now under the loss of a major contract. He, too was 61 years of consideration is reasonable. Here we have an em- age. (61 W.A.I.G. p. 563.) ployee, over 45 years of age who is just five months The comments made in my earlier decision today short of qualifying for pro rata long service leave and apply equally here. who finds his services no longer required. All the I consider that the monetary compensation sought union seeks is for him to be paid compensation equiv- by the Union should be paid to Mr Wilkinson and the alent to the monentary value of that pro rata long parties are requested to agree on the sum and pre- service leave which is nothing more than what pare the minutes of a Proposed Order. Johnson C. awarded in the A.M.W.S.U. v. Howard Porter case (61 W.A.I.G. p. 563). No argument has been put to the Commission on the matter of incapacity to pay but this is not surprising because one would expect that a prudent employer would have provided for a contingent long service leave liability in respect of any worker with that amount of service. I consider that the monetary compensation sought by the Union should be paid to Mr Morald and the BEFORE THE WESTERN AUSTRALIAN parties are requested to agree on the correct sum and INDUSTRIAL COMMISSION. prepare the minutes of a proposed Order. No. CR88 of 1983. Between Amalgamated Metal Workers and Ship- wrights Union of Western Australia, Claimant, and Howard Porter Pty. Limited. BEFORE THE WESTERN AUSTRALIAN Order. INDUSTRIAL COMMISSION. HAVING heard Mr J. Sharp-Collett on behalf of the No. CR86 of 1983. claimant and Mr C. B. Parks on behalf of the respon- Between Amalgamated Metal Workers and Ship- dent, the Commission, pursuant to the powers con- wrights Union of Western Australia, Claimant, ferred on it inder the Industrial Arbitration Act, and Flower Davies Wemco Thyer, Respondent. 1979, hereby orders— Order. That Howard Porter Pty. Limited shall pay to F. Wilkinson an amount calculated by reference HAVING heard Mr J. Sharp-Collett on behalf of the to pro rata long service leave with respect to six claimant and Mr C. B. Parks on behalf of the respon- (6) years service of $1 444.55. dent, the Commission, pursuant to the powers conferred on it under the Industrial Arbitration Act, Dated at Perth this 17th day of October, 1983. 1979, hereby orders— (Sgd.) B. J. COLLIER, That Flower Davies Wemco Thyer shall pay to [L.S.] Commissioner. R. Morald an amount calculated by reference to pro rata long service leave with respect to nine (9) years service of $2 129.01. Dated at Perth this 17th day of October, 1983. (Sgd.) B. J. COLLIER, [L.S.] Commissioner.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR122 of 1983. Between Amalgamated Metal Workers and Ship- wrights' Union of Western Australia, Claimant, and Bell Bros. Pty. Ltd., Respondent. BEFORE THE WESTERN AUSTRALIAN Before Mr Commissioner B. J. Collier. INDUSTRIAL COMMISSION. The 23rd day of September, 1983. No. CR88 of 1983. Mr J. Sharp-Collett on behalf of the Claimant. Between Amalgamated Metal Workers and Ship- wrights' Union of Western Australia, Claimant, Mr C. B. Parks on behalf of the Respondent. and Howard Porter Pty. Limited, Respondent. Reasons for Decision. Before Mr Commissioner B. J. Collier. THE COMMISSIONER: The "in principle" argu- The 23rd day of September, 1983. ment with respect to this claim has been dealt with in Mr J. Sharp-Collett on behalf of the Claimant. the Commission's Reasons for Decision in Matter No. Mr. C. B. Parks on behalf of the Respondent. CR86 of 1983 which were delivered earlier today. Mr A. Jones was employed as a motor mechanic by Reasons for Decision. the respondent from 29th December, 1975 to 17th THE COMMISSIONER: The "in principle" argu- March, 1983 when his services were terminated due ment with respect to this claim has been dealt with in to lack of work. the Commission's Reasons for Decision in Matter No. The Commission cannot really distinguish this CR86 of 1983 which were delivered earlier today. matter from the others dealt with today. The Mr F. Wilkinson was employed continuously by Company assisted this man to find work elsewhere the respondent from 22nd April, 1976 to 16th but having regard for the matters mentioned by me December, 1982 predominantly on work in the bus in the principal decision referred to above I regard section of the enterprise. the Union's claim as quite reasonable. Due to the loss of major contracts his services were The parties are requested to agree on the sum and terminated. He is 61 years of age. prepare the minutes of a Proposed Order. 2262 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 123rd November, 1983

BEFORE THE WESTERN AUSTRALIAN BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION No. CR122 of 1983. No. CR158 of 1983. Between Amalgamated Metal Workers and Ship- Between Amalgamated Metal Workers and Ship- wrights Union of Western Australian, Claimant, wrights Union of Western Australia, Claimant, and Bell Bros. Pty. Ltd., Respondent. and Western Switchboards Pty. Ltd., Respon- Order. dent. HAVING heard Mr J. Sharp-Collett on behalf of the Order. claimant and Mr C. B. Parks on behalf of the respon- HAVING heard Mr J. Sharp-Collett on behalf of the dent, the Commission, pursuant to the powers con- claimant and Mr C. B. Parks on behalf of the respon- ferred on it under the Industrial Arbitration Act, dent, the Commission, pursuant to the powers con- 1979, hereby orders— ferred on it under the Industrial Arbitration Act, That Bell Bros. Pty. Ltd. shall pay to A. Jones 1979, hereby orders— an amount calculated by reference to pro rata That Western Switchboards Pty. Ltd. shall long service leave with respect to seven (7) years pay to R. Parish an amount calculated by service of $1 612.07. reference to pro rata long service leave with re- Dated at Perth this 17th day of October, 1983. spect to nine (9) years service of $2 576.43. Dated at Perth this 17th day of October, 1983. (Sgd.) B. J. COLLIER, [L.S.] Commissioner. (Sgd.) B. J. COLLIER, [L.S.] Commissioner.

BEFORE THE WESTERN AUSTRALIAN BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. No. CR158 of 1983. No. CR154 of 1983. Between Amalgamated Metal Workers and Ship- Between Amalgamated Metal Workers and Ship- wrights' Union of Western Australia, Claimant, wrights' Union of Western Australia, Claimant, and Western Switchboards Pty. Ltd. Respon- and Harry Engineering Company, Respondent. dent. Before Mr Commissioner B. J. Collier. Before Mr Commissioner B. J. Collier. The 23rd day of September, 1983. The 23rd day of September, 1983. Mr J. Sharp-Collett on behalf of the Claimant. Mr J. Sharp-Collett on behalf of the Claimant. No appearance for the Respondent. Mr C. B. Parks on behalf of the Respondent. Reasons for Decision. Reasons for Decision. THE COMMISSIONER: The "in principle" argu- THE COMMISSIONER: The "in principle" argument with respect to this claim has been dealt with in ment with respect to this claim has been dealt with in the Commission's Reasons for Decision in Matter No. the Commission's Reasons for Decision in Matter No. CR 86 of 1983 which were delivered earlier today. CR86 of 1983 which were delivered earlier today. Mr D. Mayall was employed by the respondent Mr R. Parish was employed by the respondent con- from 16th May, 1973 to 26th November, 1982 as a tinuously from 30th August, 1973 until 22nd Boilermaker. On the latter date all three tradesmen December, 1982 when his services were terminated employed by the Company were retrenched due to due to the economic downturn. the economic downturn. However, the other two The comments made in my earlier decision apply tradesmen, both with less service than Mr Mayall also in this case. There is one difference in that Mr were re-employed in January 1983. Parish suffered a back injury in 1975 and has a re- The comments made in my earlier decision today sidual problem. Nonetheless he had completed over apply equally here. This man gave his employer some nine years service with the respondent when his ser- 9V2 years continuous service and I consider that the vices were terminated. Union's claim is quite reasonable in the circum- In the circumstances the Union's claim is reason- stances. able and the parties are requested to agree on the The parties are requested to agree on the correct sum and prepare the minutes of a proposed Order. sum and prepare the minutes of a proposed Order. 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2263

BEFORE THE WESTERN AUSTRALIAN BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. No. CR154 of 1983. No. CR190 of 1983. Between Amalgamated Metal Workers and Ship- Between Electrical Trades Union of Workers of Aus- wrights' Union of Western Australia, Claimant, tralia (Western Australian Branch), Perth, and Harry Engineering Company, Respondent. Claimant, and Industrial Switchboard Manufac- turers—A Division of Kounis Nominees Pty. Order. Ltd. Respondent. HAVING heard Mr J. Sharp-Collett on behalf of the Order. claimant and no appearance on behalf of the respon- HAVING heard Mr M. H. Beatty on behalf of the dent, the Commission, pursuant to the powers con- claimant and Mr C. B. Parks on behalf of the respon- ferred on it under the Industrial Arbitration Act, dent, the Commission, pursuant to the powers con- 1979, hereby orders— ferred on it under the Industrial Arbitration Act, That Harry Engineering Company shall pay to 1979, hereby orders— D. Mayall an amount calculated by reference to That Industrial Switchboard Manufac- pro rata long service leave with respect of nine turers—a Division of Kounis Nominees Pty. Ltd. (9) years service of $2 232.37. shall pay to J. Brinks an amount calculated by Dated at Perth this 17th day of October, 1983. reference to pro rata long service leave with re- (Sgd.) B. J. COLLIER, spect to six (6) years service of $1 472.10. [L.S.] Commissioner. Dated at Perth this 17th day of October, 1983. (Sgd.) B. J. COLLIER, [L.S.] Commissioner.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR245 of 1983. BEFORE THE WESTERN AUSTRALIAN Between Electrical Trades Union of Workers of Aus- INDUSTRIAL COMMISSION. tralia (Western Australian Branch), Perth, No. CR190 of 1983. Claimant, and Westate Industries Ltd., Respon- Between Electrical Trades Union of Workers of Aus- dent. tralia (Western Australian Branch), Perth, Before Mr Commissioner B. J. Collier. Claimant, and Industrial Switchboard Manufac- turers—A Division of Kounis Nominees Pty. The 23rd day of September, 1983. Ltd. Respondent. Mr M. Beatty on behalf of the Claimant. Before Mr Commissioner B. J. Collier. Mr L Girdlestone on behalf of the Respondent. The 23rd day of September, 1983. Reasons for Decision. Mr M. Beatty on behalf of the Claimant. THE COMMISSIONER: This is a claim by the Elec- Mr C. B. Parks on behalf of the Respondent. trical Trades Union of Workers of Australia (Western Australian Branch) Perth that compensation should Reasons for Decision. be paid by the respondent to one of its members Mr A. Perrella who was retrenched after some 6V2 years THE COMMISSIONER: This matter is before the continuous service. The claim was referred pursuant Commission pursuant to a reference under Section 44 to section 44 of the Act and is opposed by the respon- of the Act and is a claim by the Electrical Trades Union of Workers of Australia (Western Australian dent. Branch), Perth that Mr J. Brinks should be paid The argument advanced by the Union in support compensation for being made redundant by the re- of the claim is virtually the same as that put in Mat- spondent employer. ter CR86 of 1983 and dealt with by me earlier today. Likewise, the submission of the respondent was very Basically the arguments advanced by Mr Beatty, similar to that made by the employer in the earlier who appeared for the Union were similar to those put case. In short the Union says that on current stan- by the A.M.W.S.U. in earlier proceedings and the re- dards there is justification for a special redundancy sponse by Mr Parks, who appeared for the respon- payment in cases such as this while the employer ar- dent, was the same as that put by him in the earlier gues that termination of an employee's services due case. to lack of work is not a special circumstance which requires payment of compensation in excess of en- Mr Brinks was employed by the respondent as an titlements provided by the award. electrical fitter for the period 5th July, 1976 to 20th April, 1983. On the latter date his services were ter- The Commission repeats what was said in its Reasons for Decision in Matter CR86 of 1983 that minated due to reduced demand in the present econ- this is not a claim for payment of pro rata long ser- omic climate. He is 61 years of age and was contribu- vice leave. Rather it is a claim for compensation on ting to a Staff Superannuation Fund at the time of account of an employee being made redundant. As retrenchment. He received back only his own contri- with the other claims, pro rata long service leave is butions when he left the firm. He was the sole bread- simply a convenient measuring device and a contin- winner in his immediate family. The comments made gent liability for which some provision may have in my earlier decision today apply also in this case. been made by an astute employer. In all of the circumstances I am of the view that In the instant case Mr Perrella served the em- payment of a sum equivalent to the value of pro-rata ployer from 27th January, 1977 until his services long service leave is not unreasonable as compen- were terminated on 1st June, 1983 due to a serious sation for retrenchment and the parties are requested downturn in business activity. The respondent is a to prepare Minutes accordingly. member of the J. & N. Taylor group of companies. 2264 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

No incapacity argument was advanced by the respon- Clause 4.—Wage Rates: The parties agree that the dent. Although the past year has seen a dramatic rate of pay for a facing machine operator should be downturn in profitability, a dividend of 10 cents for increased but that, of itself, is not sufficient for an in- each 50 cent share was paid to shareholders for the crease to be authorised by this Commission. It was year ended 1982. for that reason that a member of this Bench was For the reasons advanced in Matter CR86 of 1983, called upon to inspect the work and report on his I am of the view that the claim made is reasonable in findings. That comprehensive report dated the 30th all the circumstances. The parties are requested to September, 1983 having been studied we agree with prepare Minutes based on a sum equivalent to the what is said therein, namely, that an exceptional value of pro rata long service leave if paid after six problem or anomaly exists which should be removed years completed service. by authorising the agreement between the parties. Clause 17.—Bereavement Leave: The applicant union requested that this part of its claim be stood over pending the outcome of proceedings before the Australian Commission instituted by the Australian Workers Union in respect of bereavement leave for BEFORE THE WESTERN AUSTRALIAN others working on the pipeline. The Respondents INDUSTRIAL COMMISSION. drew attention to clause 3 of the Interim Award which limits changes in the Award to accommodating No. CR245 of 1983. a "recognisable community standard". Between Electrical Trades Union of Workers of Aus- The Australian Commission has since announced tralia (Western Australian Branch), Perth, its decision with respect to bereavement leave for Claimant, and Westate Industries Ltd., Respon- those others working on the pipeline. The Respon- dent. dents indicated throughout these proceedings that Order. they were anxious that there be standard conditions HAVING heard Mr M. H. Beatty on behalf of the of employment for all those working on the pipeline claimant and Mr L. Girdlestone, and later Mr C. B. and we think that is sensible. In the circumstances Parks, on behalf of the respondent, the Commission, we would be prepared, subject to what the parties pursuant to the powers conferred on it under the In- have to say, to endorse the views of the Australian dustrial Arbitration Act, 1979, hereby orders— Commission and thus maintain consistency between That Westate Industries Ltd. shall pay to A. the two groups of employees with respect to absences Perrella an amount calculated by reference to through bereavement and the effect on the pro- pro rate long service leave with respect to six (6) duction bonus. years service of $1 381.80. Clause 22.—Special Rates: To its credit the appli- Dated at Perth this 17th day of October, 1983. cant union recognised the task to be undertaken in seeking the amendment to Clause 22.—Special Rates (Sgd.) B. J. COLLIER, in the face of the Commission's policy of restraint. As [L.S.] Commissioner. a consequence the claim was not pressed as may otherwise have been the case and it will be dismissed. The parties are called upon to prepare the minutes of the order and to agree upon the date or dates from which the alterations will take effect. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. CR289 of 1983. Between Amalgamated Metal Workers and Ship- Schedule. wrights Union of Western Australia, Claimant, and Allied Pipeline Services Pty. Ltd; I.C.C. (1) Clause 4.—Wage Rates: Delete subclause (1) of Construction Co. Ltd.; John Holland this clause and insert in lieu— (Constructions) Pty. Ltd.; K. H. Australia, Pty. Ltd.; McMahon Construction Pty. Ltd.; Saipem 4.—Wage Rates. Australia Pty. Ltd. and Saipem/I.C.C. joint ven- All employees shall be classified in accordance ture, Respondents. with the following classifications and shall be Before the Commission in Court Session. paid the appropriate all-purpose hourly wage rates assigned thereto:— Mr Senior Commissioner D. E. Cort and Mr Com- missioners B. J. Collier and G. L. Fielding. $ Pipeline Stick Welder 9.70 The 13th day of October, 1983. Automatic Welding Machine Mr D. W. Skipworth and with him Mr P. Proctor Operator 9.45 on behalf of the claimant. Double Jointing Machine Operator... 9.45 Mr L. Girdlestone on behalf of the respondents. Pipeline Fitter Mechanic 9.45 Pipeline Electrician 9.45 Reasons For Decision. Pipeline Tradesman—Other 9.45 THE SENIOR COMMISSIONER: This is the unani- Spacer 9.10 mous decision of the Commission in Court Session. Certificated Rigger 9.10 This claim by the Amalgamated Metal Workers Facing Machine Operator 8.55 and Shipwrights Union of Western Australia to Bevelling Machine Operator 8.10 amend the Metal Trades Pipeline Construction Trades Assistant Grinding 8.10 (Western Australia) Award 1983 with respect to Trades Assistant 7.95 Clause 4.—Wage Rates, Clause 17.—Bereavement (2) Clause 17.—Bereavement Leave: Delete this Leave and Clause 22.—Special Rates is one to be clause and insert in lieu— dealt with in accordance with the policy of restraint first adopted by the Commission in January 1983 (63 17.—Bereavement Leave. W.A.I.G. 257) and which may be said to have been (1) An employee shall, on the death within maintained with certain modifications by the Com- Australia of a wife, husband, father, mother, mission's announcement made on 7th October, 1983 child or step-child, brother or sister be entitled (not yet reported). on notice to leave up to and including the day of 23rd November, 1983] W UST PTE. 2265

the funeral of such relation, and such leave shall As a result of that arrangement Mr George be without deduction of pay, for a period not ex- Graham commenced employment at Vowles ceeding two (2) days. Motor Body Constructors on 31st May, 1976. He Provided that a further period of not more worked at Vowles up until November, at which than three (3) days additional Leave without time Mr Ron Carey, the proprietor or owner of payment may be allowed which shall not be Bevron Fibreglass arrived at the works of Vowels taken into consideration when calculating the Motor Body Constructors. Pipeline Completion Target Scheme. That is exactly what Mr Graham did. He gave (2) Proof of such death shall be furnished by a week's notice immediately to Vowles and the employee to the satisfaction of his employer. started exactly a week later, on the Monday. Mr Provided however that this clause shall have no Graham then continued working at Bevron, from operation while the period of entitlement to 10th November, 1976, or thereabouts, until such leave coincides with any other period of en- time as he was terminated last month. He was titlement to leave. terminated with a week's notice, which he (3) For the purposes of this clause the words worked out. "wife" and "husband" shall include a person who lives with the employee as a de facto wife or Ms O'Keefe submitted that the Commission's stan- husband. dard long service leave conditions (63 W.A.I.G. at 1) Clause 5 covered the "break" in service if read in the way she suggested. The Commission finds it unnecessary to deal with this aspect of the case for the reasons which follow. Mr G. Graham had completed nine years and four months service with the respondent. From the evidence given it is plain that he, along with three other employees, became redundant. It is also plain that BEFORE THE WESTERN AUSTRALIAN their redundancy was due to a lack of work. Indeed INDUSTRIAL COMMISSION. Mr Carey, a director and manager of the respondent, No. CR283 of 1983. stated inter alia:— Between Amalgamated Metal Workers and Ship- Can you briefly tell the Commission why Mr wrights Union of Western Australia, Claimant, Graham was terminated and not others in your and Bevron Fibreglass Pty Ltd, Respondent. employment?—The reason for Mr Graham being Before Mr Commissioner G. G. Halliwell. terminated in preference to others was discussed The 29th day of September, 1983. by me and the foreman at the time. Over the past 18 months we have terminated quite a lot of Ms J. P. O'Keefe on behalf of the claimant. people. We have gone down from about 16 or 17 Mr J. N. Uphill on behalf of the Respondent. staff to the five who are now there. We discussed it at the time. We did put some off at Christmas- Reasons for Decision. time because there was a lack of orders. They THE COMMISSIONER: The matter referred to the were wanting to go on holidays and I said it was Commission pursuant to section 44 of the Act is as not possible. They were employed when orders follows:— came back in. We had another three or four months with very little work. We tried to keep The union claims:— everybody on that we possibly could. It got to that Mr George Graham is entitled to pro the stage where it was just not economically rata Long Service Leave, having been re- possible to keep everybody on. trenched by the respondent through no fault of his own. Thus the real question for the Commission is Ms J. O'Keefe expanded upon the above claim whether after nine completed years of service with when the matter came on for hearing and explained the one employer and having become redundant Mr that:— Graham should be compensated for the long service Sir, this is a claim for pro rata long service leave lost to the extent of payment on a pro rata basis leave for a Mr George Graham formerly em- for the nine completed years of service. ployed by Bevron Fibreglass Pty Limited. The On this issue I adopt with respect the views ex- period we are claiming is for a total of nine years pressed by the Commission (Collier C Unreported and four months spanning a period of nine years Decision issued 23/9/83 No. CR86 of 1983) wherein it and 10 months. is stated inter alia:— Mr Graham worked at Bevron between 15th Having considered all of the arguments ad- August, 1973, and 20th May, 1976, and again vanced by the parties, I make it clear that the from 9th November, 1976, to 17th June, 1983, Commission is not considering the question as to when he was terminated. whether, notwithstanding the provisions of the 1977 Long Service Leave General Order, pro rata I would like to briefly outline the history of Mr long service leave should be paid to an employee Graham's employment at Bevron. He com- with less than 10 years service whose position menced employment on 15th August, 1973, as a has become redundant. Rather do I see the claim welder. He continued working there without any as compensation for redundancy with the Com- notable upsets or problems until 20th May, 1976, mission's general standard for long service of 13 at which time the company unfortunately had a weeks' leave for 15 years' service being used by fire at the premises, making the premises un- the applicant simply as a convenient measuring workable for the staff. stick. The other employers had approached Bevron This Commission has been prepared in recent Fibreglass in what could only be described as a years to award to retrenched employees pay- comradely way and offered assistance. Particu- ments in excess of those prescribed by relevant larly, that assistance was offered in respect of the awards. However, not every employee whose ser- temporary placement of some of their em- vices have been terminated has received a ployees, until such time as Bevron could re-or- redundancy payment, each case being considered ganise their premises and rebuild them. on its merits. I think it fair to say that decisions 123rd November, 1983

of the Commission relating to redundancy have BEFORE THE WESTERN AUSTRALIAN reflected the principal objects of the Act and in INDUSTRIAL COMMISSION. particular, that contained in section 8 (c) which No. CR283 of 1983. reads:— Between Amalgamated Metal Workers and Ship- (c) to provide means whereby changing wrights Union of Western Australia, Applicant, social attitudes may be reflected in con- and Bevron Pibreglass Pty Ltd, Respondent. ditions of employment peacefully, progressively and without disrupting in- Order. dustry or the community. HAVING heard Ms J. P. O'Keefe on behalf of the ap- Attitudes towards redundancy payments to re- plicant and Mr J. N. Uphill on behalf of the respon- trenched employees in Australia are changing. dent, the Commission, pursuant to the powers con- The Commission is aware, not only from sub- ferred on it under the Industrial Arbitration Act, missions and exhibits in the instant case but 1979, hereby orders— from a reading of industrial relations literature That the respondent pay to George Henry that many agreements have been reached in this Graham the sum of Two Thousand One State and elsewhere in Australia on compen- Hundred and Six Dollars ($2 106.00) within 14 sation for redundancy. Likewise, industrial days of the date of this Order. tribunals with increasing frequency are settling Dated at Perth this 10th day of October, 1983. disputes by awarding compensation for retrenchment in the economic downturn. Indeed the di- (Sgd.) G. G. HALLIWELL, rection in Australia is tending towards the [L.S.I Commissioner. overseas approach to the problem, particularly that of member States of the European Com- munity. I have no intention in this "in principle" decision to attempt to set any general standard of redundancy payment. All I propose to decide is whether the claim made can be regarded as reasonable in the circumstances. Recent decisions in New South Wales (see, for example, Steel Works Employees' Broken Hill Pty Ltd and other awards—Fisher P. 14th January, 1983; A.R.U. v. Coal Association Macken J. 10th June, 1983; Labour Council of N.S.W. and others v. Albert Crocker and Son Pty Ltd and others (also matters 126 and 170 of 1983)—Fisher P. 29th July, 1983) have con- BEFORE THE WESTERN AUSTRALIA vinced me that the claim now under consider- INDUSTRIAL COMMISSION. ation is reasonable. Here we have an employee, No. CR345 of 1983. over 45 years of age who is just five months short letween Amalgamated Metal Workers and Ship- of qualifying for pro rata long service leave and wrights' Union of Western Australia, Claimant, who finds his services no longer required. All the and Clyde Carruthers Pty. Limited, Respondent. union seeks is for him to be paid compensation Before Mr Commissioner B. J. Collier. equivalent to the monetary value of that pro rata long service leave which is nothing more than The 22nd day of September, 1983. what Johnson C. awarded in the A.M.W.S.U. v. Mr A. W. Clark on behalf of the claimant. Howard Porter case (61 W.A.I.G. p. 563). No ar- Mr J. M. Stockden on behalf of the Respondent. gument has been put to the Commission on the matter of incapacity to pay but this is not surprising because one would expect that a prudent Reasons for Decision. employer would have provided for a contingent (Given extremporaneously at the conclusion of the long service leave liability in respect of any submissions, taken from the transcript as edited by worker with that amount of service. the Commissioner.) The claim is accordingly granted to the extent of a THE COMMISSIONER: The Commission will not payment for his pro rata long service leave of nine lightly interfere with the rights of parties to an completed years of service. award. One of those rights, of course, is for either party to terminate the contract of employment on Order accordingly. the giving of one weeks notice. While the Commission has no doubt that the dismissed employee sincerely believes that it was his supervisor and not himself who was guilty of misconduct the union has been unable to discharge the onus of proof which rests squarely with it. The worker's "Evidence" really amounted to uncorroborated assertions and in such circumstances the Commission is not prepared to interfere with the employer's rights under the award. The claim is dismissed. 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2267

BEFORE THE WESTERN AUSTRALIAN Ultrasonic testing is said by the Applicant to be a INDUSTRIAL COMMISSION. technological progression of the basic skills and re- No. CR345 of 1983. quirements of the mechanical fitter. In support of this claim, the Applicant produced evidence from a Between Amalgamated Metal Workers and Ship- relatively recently qualified tradesman who, as part wrights' Union of Western Australia, Claimant, of his apprenticeship with the Queensland Govern- and Clyde Carruthers Pty. Limited, Respondent. ment Railways, learnt to operate ultrasonic testing Order. devices. The Applicant also draws on comparisons HAVING heard Mr A. W. Clark on behalf of the with Westrail where, it is said, ultrasonic testing is claimant and Mr J. M. Stockden on behalf of the re- carried out by mechanical fitters. This is also said to spondent, the Commission, pursuant to the powers be the case in a number of other undertakings in this conferred on it under the Industrial Arbitration Act, State. In short, the Applicant says that fault-finding 1979 hereby orders— in metals is part of the lot of the metal tradesmen and that should not change the position even though That the application be dismissed. there be a change in technology. Dated at Perth this 22nd day of September, 1983. The Respondent Company, on the other hand, (Sgd.) B. J. COLLIER, does not see ultrasonic testing as a historical pro- [L.S.] Commissioner. gression from the testing duties normally undertaken by fitters. It says, in essence, that the work is complex and sophisticated, requiring some technical ex- pertise. This form of testing is said to be more complex than the non-destructive testing done on the wheelfax machine, which is operated by employees who are staff rather than wages personnel. Those machines need to be preset by someone with a BEFORE THE WESTERN AUSTRALIAN knowledge of ultrasonics and it is proposed that the INDUSTRIAL COMMISSION. metallurgical foreman will do that and supervise the No. CR232 of 1983. operators. The Company says, too, that the task of Between Amalgamated Metal Workers and Ship- ultrasonic testing is but one of the tasks to be per- wrights Union of Western Australia, Claimant, formed by the foreman who, as well as supervising and Hamersley Iron Pty Ltd, Respondent. the wheelfax operators, will be required to plan loco- motive maintenance schedules. The Company claims Before Mr Commissioner G. L. Fielding. that its proposal embodies the most efficient use of The 7th day of October, 1983. manpower. Mr C. M. Hollett and later Mr D. W. Skipworth on The Association of Draughting, Supervisory and behalf of the Applicant. Technical Employees somewhat belatedly sought and Mr A. N. Cameron on behalf of the Respondent. was granted leave to intervene in these proceedings. Mr D. Forster intervening on behalf of the Aus- It claimed to have constitutional coverage for those tralasian Society Engineers, Moulders and Foundry who carry out non-destructive testing work, and ar- Workers, Industrial Union of Workers, Western Aus- gued that non-destructive testing is a separate tech- tralian Branch, and Mr L. J. Irwin intervening on be- nology of a semi-professional or professional nature. half of the Association and Draughting, Supervisory Evidence was adduced by the intervene! of the exist- and Technical Employees, Western Australian ence of a certificate course in non-destructive testing Branch. under the auspices of the Australian Institute of Non-Destructive Testing. The evidence also indicates Reasons for Decision. that the Institute is recognised as the national testing THE COMMISSIONER: Until recently, most of the authority for these purposes. The prerequisites for work connected with ultrasonic testing of railway admission to that course do not require a metal components used in connection with the rail oper- trades background, although experience as a quali- ations of the Respondent Company was done by con- fied tradesman in the metal trades may be substi- tractors. That arrangement has come to an end and tuted for the minimum educational achievements the Company now wishes to employ a metallurgical which would otherwise be required. The evidence foreman as a member of its staff to do that work. The further discloses that both the State and Federal Applicant objects to this ultrasonic testing being per- Governments recognise such a course and are actively formed by staff personnel. It claims that such testing encouraging persons to undertake that course. In- is a technique of non-destructive testing of metals deed, there is an agreement between the Non-De- and as such is part of the mechanical fitter's trade. structive Testing Association of Western Australia and the Commonwealth Department of Employment For the purposes of these proceedings, non-de- and Youth Affairs for the training of non-destructive structive testing can be defined as the examination of testing technicians as a means of overcoming what is an object in a manner so as not to impair its future said to be "a critical shortage of technical usefulness. Ultrasonic testing is one of a number of workers—non-destructive testing in Western Aus- techniques used in the non-destructive testing of tralia" and at the same time "to establish the basis metal objects. It is a means of testing metals for flaws for a standardised and accelerated training pro- such as minute cracks and indentations, and has the gramme which meets the requirements of the Aus- advantage of being able to reveal internal flaws in the tralian Institute of Non-Destructive Testing". metal. It works by sound impulses being sent through Furthermore, there is a non-destructive testing man- the metal with the response being produced on an os- agement committee under the auspices of the State cilloscope. The Applicant says this work is simply an Government which, amongst other things, appears to extension through technology of the more traditional manage the non-destructive testing training pro- non-destructive testing methods which have histori- gramme. cally been a part of the metal trades. The intervene! also claims that non-destructive Perhaps the most basic form of non-destructive testing of metals and the like is fundamentally qual- testing is the dye penetrant technique, by which dyes ity control. The modern industrial practice, it is said, are used to disclose surface flaws but not flaws which is to have this function as a branch of engineering are entirely internal. Testing by this technique is fre- supervision or technical management. The evidence quently carried out by metal tradesmen, both in the of a non-destructive testing technologist, Mr Rich, employ of the Respondent Company and others. who has a wide variety of working experience in the WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. I23rd November, 1983 field of non-destructive testing, was that it was the Whilst it might be said that, historically, materials exception rather than the rule for ultrasonic testing testing is part and parcel of a metal tradesman's lot, to be carried out by mechanical fitters as such, and the overwhelming volume of evidence adduced in where it was the final testing was done by engineer- these proceedings, suggests that, at least in the case ing supervisors. The setting up of the testing devices of ultrasonic testing, this is not now the case, if it and to some extent the interpretation of the results ever was. The evidence is that even now apprentices thereof, was a complex task which required separate employed by the Company do not learn non-destruc- and additional skills to those normally associated tive testing techniques other than the visual and the with a mechanical tradesman. The evidence was that dye penetrant techniques. The evidence is that the for ultrasonic examinations to be endorsed by the dye penetrant technique is a rather practical one National Association of Testing Authorities it was whereas the evidence would suggest that the ultra- necessary for the tests to be carried out by persons sonic technique is much more complex, requiring with qualifications in ultrasonics from the Australian amongst other things a knowledge of the materials so Institute of Non-Destructive Testing or the equival- that the testing equipment can be set in the proper ent thereof. way. The only fitter who said that he had learnt how to operate ultrasonic testing devices was one who was The great bulk of the evidence adduced in this trained in a Government railway system. His experi- matter leaves little doubt in my mind as to the ence was limited to the testing of wheels and axles, proper conclusion. In the end it was common ground but the indications are that the metallurgical fore- that where ultrasonic testing was performed on rail man will be required to do testing over a wider scope components in the iron ore industry in the Pilbara it than that. If ultrasonic testing is to be done by was done by staff personnel, albeit generally in the tradesmen, most will, it seems, require some training. employ of contractors rather than the mining There could be no objection in principle to a companies themselves. If comparisons are to be tradesman undergoing that training so long as he made, the custom and practice in the iron ore indus- meets the necessary prerequisites. Once having ob- try within the Pilbara would be seen as a better com- tained the necessary qualifications, there is every parison than that which exists in Government rail reason why the tester should assume a staff position, systems, for example, or for that matter the customs having regard to the nature of the work itself, the of other sections of private industry. In any event, practices elsewhere in the iron ore industry in the the evidence does not suggest that in the main ultra- Pilbara, and in light of what the evidence indicates is sonic testing is performed by mechanical tradesmen the custom in industry at large. in private industry; just that in some cases it is so In all the circumstances, it seems only right and done, although there is even some dispute about the proper that the ultrasonic testing of the material in extent to which it is done. I accept the evidence of Mr question be conducted by staff personnel rather than Rich that, as a general rule, where metal tradesmen mechanical fitters. perform non-destructive testing, it is usually subject to a final inspection performed by a non-destructive testing technician or the like. Whilst the evidence clearly discloses that non-destructive testing using the dye penetrant technique is commonly carried out by tradesmen fitters, the evidence suggests that the BEFORE THE WESTERN AUSTRALIAN ultrasonic technique is an entirely different one, re- INDUSTRIAL COMMISSION. quiring different skills and understandings. The evi- No. CR232 of 1983. dence clearly reveals that governments recognise that Between Amalgamated Metal Workers and Ship- there is a separate vocation of non-destructive testing wrights' Union of Western Australia, Applicant, apart from the mechanical fitter's trade. Indeed, the and Hamersley Iron Pty. Ltd., Respondent. evidence indicates, as already noted, that both the Order. State and Federal Governments are actively encouraging persons who do not have to have trade qualifi- HAVING heard Mr C. M. Hollett and later Mr D. W. cations to qualify with the Australian Institute for Skipworth on behalf of the Applicant, Mr A. N. Non-Destructive Testing as a technician or technol- Cameron on behalf of the Respondent, Mr D. Forster ogist. intervening on behalf of the Australasian Society of Engineers, Moulders and Foundry Workers, Western Australian Branch and Mr L. J. Irwin intervening on While it is clear that there is no requirement at law behalf of the Association of Draughting, Supervisory for this work to be done by a certified technician, I and Technical Employees, Western Australian accept the evidence of Mr Rich that modern manage- Branch, the Commission, pursuant to the powers ment practice is to have it done by staff personnel, conferred on it under the Industrial Arbitration Act, and that largely because of the nature of the work. 1979, hereby orders— Indeed, such ultrasonic testing as is presently done That the application be dismissed. by the Company's employees through the medium of the wheelfax machine operators, has for some time Dated at Perth this 7th day of October, 1983. been operated by staff personnel exclusively. The (Sgd.) G. L. FIELDING, Company proposes that the metallurgical foreman [L.S.] Commissioner. who is to operate the ultrasonic tester will be responsible for superintending the wheelfax operators. That is a practice which appears to be consistent with what Mr Rich indicated to be common practice in industry at large, and is consistent with what the Australian Institute of Non-Destructive Testing suggests a non- destructive technician is qualified to do. The Institute suggests that a technician should be able, apart from conducting the tests, to write reports, and that is expressly said by the Company to be part of the foreman's duties, as well as his supervisory and testing functions. The great bulk of the evidence clearly suggests that non-destructive testing by the technique of ultrasonics is a vocation for supervisory or managerial staff rather than for tradesmen acting as tradesmen. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2269

BEFORE THE WESTERN AUSTRALIAN (5 ) INDUSTRIAL COMMISSION. (6) An employee when on afternoon or night No. CR321 of 1983. shift shall be paid for each such shift 15 per centum more than his ordinary rate of wage as Between The West Australian Branch, Australasian prescribed by this award. Meat Industry Employees' Union, Industrial Union of Workers, Perth, Claimant, and Clover (7 ) Meats, Respondent. (8 ) [60 W.A.I.G. p. 1513 at pp. 1519 and 1520.] Before Mr Commissioner G. J. Martin. The 28th day of October, 1983. Subclauses (6), (8) and (9) of Clause 7.—Contract Mr J. Gerritsen on behalf of the claimant. of Service define and set out the method of payment Mr R. A. Heaperman on behalf of the respondent. for casual and part-time employees respectively as follows:— (6) (a) On the first day of engagement an em- Reasons for Decision. ployee shall be notified by his employer or by the THE COMMISSIONER: The following matter of employer's representative whether the duration disagreement had not been resolved by conciliation of his employment is expected to exceed one at the conclusion of a conference held by the Com- month and, if he is hired as a casual employee, mission pursuant to section 44 of the Industrial Arbi- he shall be advised accordingly. tration Act, 1979 on the 28th day of September, 1983. (b) An employee shall, for the purposes of this The question to be determined by the Com- award, be deemed to be a casual employee— mission is whether part-time and casual em- (i) if the expected duration of the employ- ployees employed by the respondent on shift ment is less than one month; or work must be employed for a minimum of eight (ii) if the notification referred to in para- hours per shift and be paid accordingly. graph (a) of this subclause is not given The union claims the answer is yes. The re- and the employee is dismissed through spondent claims the answer is no. no fault of his own within one month of I heard the submissions of the parties on 19th commencing employment. October, 1983 and reserved my decision. (7 ) The events leading to the matter of disagreement (8) A casual employee shall be paid a pro- are as follows. portion of the ordinary weekly rate of wage prescribed by this award for the calling in which he The respondent operates a boning room in North or she is engaged, according to the number of Perth and the employees engaged for that operation hours actually worked plus 20 per centum of that are employed subject to the provisions of the Meat amount with a minimum payment as for seven Industry (State) Award No. R9 of 1979 as varied [60 hours except that on the day on which the W.A.I.G., p. 1513], weekly half holiday is observed the minimum At this time of the year, a flush type situation pament shall be as for five hours. exists for pork and to cope with demand the respon- (8) A part-time employee, that is an employee dent needed to have work performed in its pre-pack who regularly works for less than 40 hours each area each day in addition to that performed by its week, shall be paid a proportion of the ordinary regular day workers. For that purpose it recruited 10 weekly rate of wage prescribed by this award for employees to work on a part-time basis from 5.00 the calling in which he or she is engaged, accord- p.m. to 10.00 p.m. Monday to Friday, both inclusive. ing to the number of ordinary hours actually worked each week, plus 15 per centum of that Those employees are four general butchers, five amount with a minimum payment as for five packers and one labourer. hours for each day worked. The regular day work employees in the pre-pack [60 W.A.I.G., p. 1513 at p. 1515.] area who normally finish work at 3.15 p.m. work overtime until 5.00 p.m. Monday to Friday, both in- The claimant stated that the matter of disagree- clusive, during this flush pork situation. ment as disclosed by the memorandum prepared by the Commission could more properly read, without The work performed by the additional part-time changing the substance of the matter. employees must finish by 10.00 p.m. because of con- straints related to the respondent's freezing facilities. The question to be determined by the Com- mission is whether part-time and casual em- The additional part-time employees commenced ployees employed by the respondent on shift work mid-August, 1983 and are still employed. work must be employed for a minimum of eight Also on duty during the additional shift (by defi- hours per shift five days per week and be paid nition an afternoon shift—Clause 15.—Shift Work, accordingly. subclause (5) 60 W.A.I.G. at p. 1519) are three day [Transcript Notes of Proceedings, p. 2.] employees, a foreman, a general butcher and a The words underlined are those which the claimant labourer and who are paid overtime for the extra suggests properly set the scene for the matter of dis- hours of work they perform. agreement to be determined. Clause 15.—Shift Work, so far as it is relevant to The significance of that expanded wording lies in these proceedings, reads as follows:— the claimant's argument that the over-riding con- (1 ) sideration under the award in looking at the question (2 ) lies in the imperatives contained in subclause (4) of (3 ) Clause 15.—Shift Work, where it commences with (4) The ordinary hours of work for a shift em- the words:— ployee shall be 40 per week to be worked in five (4) The ordinary hours of work for a shift em- shifts of eight hours per shift Monday to Friday ployee shall be 40 per week to be worked in five both inclusive. Provided that when a system of shifts of eight hours per shift Monday to Friday three consecutive shifts is being worked the ordi- both inclusive ... nary hours of the last shift for the week may fin- (My underlining) [60 W.A.I.G., p. 1513 at ppl519 ish not later than 8.00 a.m. on a Saturday. and 1520.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

That wording, the claimant submits, is explicit, un- and night shifts and will apply to all classes of ambiguous and specific thus over-riding the pro- employees—full-time, part-time or casual. I read visions of subclauses (8) and (9), casual and part-time that as to mean that a casual worker will receive employees respectively, of Clause 7.—Contract of his rate of pay as per the classification in which Service. he is employed plus the 20 per cent casual It contrasts the imperatives of subclause (4) of loading plus the 15 per cent shift allowance, Clause 15.—Shift Work with the wording of and I responded:— subclause (1) of Clause 11.—Hours of the award That is right. That is, his ordinary rate for the which reads:— purpose of the award is as prescribed by the appropriate casual workers clause. 11.—Hours. [See Exhibit "A"] (1) The ordinary working hours in other than Accordingly, the respondent contended that it was retail shops shall not exceed 40 in any one week clearly envisaged by the award that a part-time em- or eight on any one day Monday to Friday in- ployee on shift work was just the same as a part-time clusive. Those hours shall be consecutive except employee on day work in that the minimum period of for the meal break. payment was five hours in both cases and that the re- (My underlining) [60 W.A.I.G., p. 1513 at p. spondent's claim that the matter of disagreement be 1518.] answered in the negative was quite fair and proper. That wording it was submitted by reference to In my view, the proposition raised by the applicant "ordinary working hours not exceeding 40 in any one arises solely because of the manner in which week" accommodates the position of a part-time em- subclause (4) of Clause 15.—Shift Work is worded ployee particularly who, by definition, regularly and whilst the award must be applied in the way it is works less than 40 hours each week. Because the written, an unfortunate choice of words or minimum period of payment for a casual employee is deficiencies in drafting should not, when known of, seven hours, the payment of eight hours for a short lead to a situation which was not envisaged by its term engagement is no problem. makers. But the claimant points out no such accommo- There is no doubt in my mind that the reference in dation exists in the shift work clause which clearly re- the reasons for decision referred to by the respondent quires that ordinary hours of work for a shift em- [60 W.A.I.G. p. 1502 at p. 1507] underscores the ployee shall be 40 per week to be worked in five shifts intention that whatever the class of employee, full- of eight hours per shift Monday to Friday, both in- time, part-time or casual and whatever hours they clusive, and thus its specific wording contrains the may regularly work as a result of being in that class general provisions of subclauses (8) and (9) of Clause they would receive the same shift work loading and 7.—Contract of Service. that the shift work clause as a whole did nothing to The claimant also referred to subclause (4) of interfere with the characteristics of their class as as- Clause 15.—Shift Work highlighting that it is not cribed to them by virtue of Clause 7.—Contract of qualified in any way by reference to casual and part- Service. time employees and therefore contains no exceptions It would not be logical in my view to say that it was for the classes of employees in the shift work situ- intended that a general clause dealing with a particu- ation from the strictures of the two imperatives lar system of work was to have the effect of con- already referred to. The claimant entered Exhibit I, verting a class of employee, which by definition regu- an extract from the Federal "Meat Processing" larly works less than 40 hours and paid accordingly Award to demonstrate that in such award, relied into a class of person which regularly works less than upon when the instant award was made in 1980, a 40 hours but is to be paid for 40 hours. part-time shift employee is a non-existent animal. Accordingly, I find that the question raised in the Such a case, it is claimed, confirms the general matter of disagreement should be answered in the proposition that there is no well established negative. notorious custom and practice in existence which would contradict the claimant's views. Accordingly, the claimant summarised that the award was quite clear and specific and the affirmative answer which it poses to the matter of disagree- BEFORE THE WESTERN AUSTRALIAN ment is the correct answer. INDUSTRIAL COMMISSION. The respondent submitted that on at least one past No. CR251 of 1983. occasion, a similar question had arisen over the respondent's practices in dealing with a flush type situ- Between Australasian Society of Engineers, ation of the same nature and the five hour minimum Moulders and Foundry Workers Industrial for part-time employees on an afternoon shift was Union of Workers, Western Australian Branch approved at a Commission conference. Further, it and Amalgamated Metal Workers and Ship- contended that such an application of the award was wrights' Union of Western Australia, Claimants, envisaged when the award was issued. and Vickers Australia Limited, Respondent. In support of that contention, it referred to that Before Mr Commissioner B. J. Collier. part of the reasons for decision dealing with Clause The 11th day of October, 1983. 15.—Shift Work and in which 1 said, inter alia:— Dr J. Crouch on behalf of the Australasian Society Accordingly an additional allowance of 15 per of Engineers, Moulders and Foundry Workers Indus- cent is proposed in the minutes for afternoon trial Union of Workers, Western Australian Branch. and night shifts and will apply to all classes of Mr J. Sharp-Collett on behalf of the Amalgamated employees, full-time, part-time or casual. Metal Workers and Shipwrights Union of Western [60 W.A.I.G., p. 1502 at p. 1507.] Australia. During the speaking to the minutes of the pro- Mr C. B. Parks on behalf of the respondent. posed award the applicant union said at page 547 of the transcript notes of proceedings:— Reasons for Decision. When read in conjunction with p. 20 of the THE COMMISSIONER: The matter before the reasons for decision, you say that accordingly an Commission for hearing and determination is a claim allowance or an additional allowance of 15 per by the Australasian Society of Engineers, Moulders cent is proposed in the minutes for afternoon and Foundry Workers Industrial Union of Workers, 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2271

Western Australian Branch and the Amalgamated The respondent opposes all claims submitting that Metal Workers and Shipwrights Union of Western its proposals for the retrenched personnel are fair Australia for compensation to their members who and reasonable in all of the circumstances. These have been retrenched by Vickers Hadwa as the result proposals are specified clearly in Exhibit D, and rep- of a decision by Vickers Australia Limited to close resent usual award entitlements, the provisions of an down that division of its operations. agreement reached between the parties in 1982 which culminated in an Order being issued by Cort S. C. on Although known locally as Vickers Hadwa and 9/6/82 (C672 of 1981), together with entitlements even named as Vickers Hadwa Pty Ltd in Orders of under the Vickers Australia Ltd. Works Superannu- the Commission this foundry is not a separate ation Plan. company but is part of Vickers Australia Lim- ited—the respondent in these proceedings. Vickers At the outset I make it clear that thus far this Australia Limited has an issued share capital of just Commission has enunciated no general standard over 30 million shares of 50 cents each of which which should apply in redundancy cases. The view almost 20 million were held by Vickers Holdings Pty has been taken that each case should be considered Ltd as at 22nd March, 1983. The latter is a wholly on its merits. In fact not only have decisions differed owned subsidiary of Vickers Public Limited in individual cases but the claims themselves have Company, incorporated in the United Kingdom. varied, no doubt due to the circumstances surrounding the retrenchment of the workers on whose On the one hand the Unions assert that the closure behalf compensation is sought. The Commission of Vickers Hadwa is part of the global strategy of the could spend a great deal of time in these Reasons ultimate holding company while the respondent traversing earlier cases in this and other jurisdictions points to losses ranging from $98 021 to $301 861 in (See e.g. Helicopters Pilot Case 1968 A.I.L.R. 101; five of the past six years (the exception being in 1981 Snowy Mountains Engineers 1968 A.I.L.R. 313; when a profit of $136 095 was made) and says that Sandover MacLeans Case 54 W.A.I.G. p. 1231; 55 the closure comes about simply by reason of the W.A.I.G. p. 631; Ingles Case 59 W.A.I.G. p 400; Met. economies of the operation. Water Supply Case 55 W.A.I.G. p. 1844; Coal Mining Whatever the reason be and regardless of from Industry Case 1973 A.I.L.R. 150; Food Preserving In- whom the direction to close came the fact is that 78 dustry Case 1975 A.I.L.R. 980; AMSCOL Case workers, a quarter of whom have had 20 years or 20/12/78 South Australian Commission in Appeal more service now find their services no longer re- Session Print No. 72/1978), however all of these de- quired and the great majority have joined the ranks cisions form part of an evolutionary trend and in my of the unemployed. view it is to the more recent decisions, particularly those in the State of New South Wales where sub- The Unions make the following claims but seek stantial retrenchments have taken place to which one recommendations rather than an Order of the Com- should look for guidance in determining what rep- mission in respect of items 1, 4 and 5 of the second resents reasonable compensation at this time in the grouping— context of the Principal Objects of the industrial 1. As six months' notice has not been given to legislation in this State. In this regard a most in- the employees by the Company, six months' formative precis of the overseas attitude to pay in lieu of that notice should be given. redundancy payments and constructive comment on 2. Severance pay for retrenched workers based the approach of a large public company to this indus- on a minimum of four (4) weeks' pay in re- trial phenomenon in contemporary Australian society spect of each year of employment. may be seen from the judgment of Fisher P. in re Steel Works Employees' (Broken Hill Proprietary 3. An extra week's pay for each year of em- Company Limited) Award and other Awards de- ployment for each person over 35 years of livered on 14th January, 1983. Likewise the matter is age. discussed generally in the judgment of Fisher P. in a 4. An additional four (4) weeks' pay for each test case re the Employment Protection Act, 1982 de- two years of employment or part thereof in livered on 29th July, 1983 and further assistance in excess of 10 years' employment if over 45 determining what is fair and right in the instant case years of age. Provided that in no case should may be gained from a consideration of the comments a person get an amount in severance pay ex- and findings of the learned President in the Myer ceeding that which he would have received if N.S.W. Case delivered on 18th August, 1983. he had remained in the employment of that employer until normal retirement age. It is a fact that Vickers Hadwa has experienced 5. Payment of pro rata long service leave with- trading difficulties in recent years and the optimism out regard for length of service or provision generated by massive development and prospective for its portability to another employer. development in Western Australia has given way under national and international recession. As stated 6. An employee shall be paid 100 per cent of by the respondent's Managing Director in the last the value of all accumulated sick leave. Annual Report to shareholders— To employees who can take up employment im- Again in line with the general level of activity mediately with another employer— in steel foundries in Australia Hadwa has experi- 1. Portability of accrued rights to the new em- enced a difficult year with difficult trading con- ployer. ditions forecast for 1983. 2. Compensation by Vickers Hadwa to employees for capital loss for homes where em- With respect to another division of the Company, ployees have to transfer to other localities to Vickers Ruwolt, Victoria the General Manager said— obtain work. During 1982 most sections in Ruwolt were well 3. Payment by Vickers Hadwa of lost time, loaded although in the latter part of the year ac- fares and removal expenses where re- tivity levels reduced particularly in the foundry trenched employees have to take work in and fabrication shop. other localities. (My underlining.) 4. Portability of the total accumulation of It would seem that on a number of occasions since superannuation or pension rights to the new 1978 employees of Vickers Hadwa have been pre- employer. pared to work a four day week in an endeavour to 5. Portability of long service leave en- achieve job security. It was thought that this would titlements to the new employer. enable the company to ride out the economic storms 2272 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983 and avoid or minimise retrenchments. In Matter No. reserves are a further $31m. A steady 10 per cent C672 of 1981 the parties reached agreement on both dividend rate has been paid for the past four years wages and redundancy matters and by Order dated and a bonus issue of one new share for each five held 9th June, 1982 Cort S. C. prescribed redundancy pay- at 16th April, 1982 was made in May, 1982. On the ments to apply for 12 months from 1st January, 1982 darker side, although in 1982 the earning rate or ordi- as follows— nary capital was 26 per cent the return on share- (1) Pro Rata Long Service Leave— holders' total funds was a rather poor 8.3 per cent. Be (a) an employee with more than three but that as it may it was proposed at the last Annual less than five years' service shall be paid General Meeting of shareholders that the authorised 25 per cent of his pro rata long service capital of the Company be increased from $20m to leave entitlement; $50m by the creation of 60m shares of 50 cents each. (b) an employee with more than five but In my view all of the foregoing needs to be con- less than seven years' service shall be sidered in determining what is fair and reasonable paid 50 per cent of his pro rata long ser- redundancy compensation for employees now dis- vice leave entitlement; missed from a financially sound operating Company. (c) an employee with more than seven I accept, as did Fisher P. in the Myer case, that any years' service shall be paid 100 per cent decision must be made against a background of thhe of his pro rata long service leave en- current economic recession and of restraint in the titlement. awarding of wage related payments yet conclude as he did in that case that his finding in the Employ- (2) In addition to the notice referred to in ment Protection Act case that the effects of the re- subclause (5) of payment in lieu of notice cession have fallen equally upon employer and em- referred to in subclause (3) of Clause ployee cannot be sustained in this case. Certainly the 6.—Contract of Service of the Metal Trades founding areas of the total operation have been hard (General) Award No. 13 of 1965 an employee— hit by the recession but I reject any suggestion that (a) with no less than 12 months' service an employer's capacity to compensate for shall be paid one week's pay; redundancy of his employees should be judged on the (b) with no less than three years' service financial success or failure of the section of the total shall be paid two weeks' pay; operation in which the employee is engaged. I hasten (c) with no less than four years' service to add that in the instant case the defence of inca- shall be paid three weeks' pay. pacity has not been raised by the respondent and my general observation should not be construed as a (3) The annual leave loading prescribed in criticism of the respondent. Clause 23.—Holidays and Annual Leave of the Metal Trades (General) Award No. 13 of 1965 The Commission has been told that in November, shall be paid on proportionate leave on termin- 1982 the respondent entered into an agreement with ation. the A.M.W.F.S.U. in Victoria relating to redundancy (4) An employee shall be paid 50 per cent of payments to employees in Vickers Ruwolt, where re- the value of all accumulated sick leave. trenchments in the foundry have taken place. It would appear that pro rata Long Service Leave is not According to the evidence this redundancy ar- paid there unless five years' service has been com- rangement was acceptable at the time because it was pleted whereas an employee here with more than intended to provide short-term relief for those three years' service but less than five years will re- workers whose jobs would disappear temporarily in ceive 25 per cent of his pro rata entitlement. How- what was described as an economic see-saw. The pat- ever, employees here with more than five years' ser- tern in previous years had been that short-term em- vice but less than seven years' will only receive half of ployees had been laid off and re-employed when what the employee received in Victoria. The big dif- business picked up. It was never really designed to ference, however, is that Victorian employees receive cater for long term employees. 1.5 weeks' pay for each year of service up to a maxi- The Order expired at the end of 1982 and an ap- mum of 15 years' service, i.e. 22.5 weeks' pay whereas proach was made to the Company to further discuss this does not apply here. Yet the Victorian employee redundancy payments. Little progress seems to have receives no accumulated sick leave pay out but em- been made before the plant finally closed although ployees here receive 50 per cent of the value of sick discussions have taken place on the present claim in leave credits under the agreement reached in Matter recent times. C672 of 1981. The principal activities of the Vickers Australia Although that agreement differs from the sort of Limited Group are product and heavy engineering, severance compensation which has issued in recent railway rolling stock manufacturing, ferrous and non times in N.S.W. the total benefit seems to produce a ferrous founding, shipbuilding, ship repairing and result which can be seen as reasonable for compara- fibre glass reinforced plastic manufacturing. Accord- tively short term employees. It is the longer term em- irw to "The Managing Director Reviews 1982" the ployees, however, who fare unfavourably with em- Group's sales were some 30 per cent higher than in ployees with similar service who are retrenched from 1981 but there are substantially less longer term or- the Vickers Ruwolt Division in Victoria. ders than in 1982 and trading conditions were ex- Of course not all of the operations of Vickers Aus- pected to be difficult. After traversing some problem tralia operate in the States of Western Australia and areas he concluded, inter alia— Victoria. It would seem that in N.S.W. there are All of this suggests a leaner, more efficient, Vickers Cockatoo Dockyard Pty. Ltd., Vickers Fine intelligent and more capital intensive Australian Minerals Engineering Division and Vickers Xatal manufacturing base ... we can build a perhaps Pty. Ltd. smaller but in the longer term more soundly According to Mr Parks the type of arrangement at based manufacturing industry in Australia. Vickers Ruwolt does not apply but having regard for The Company is now certainly leaner in so far as the decisions of the N.S.W. Industrial Commission its Vickers Hadwa operations are concerned. referred to earlier I doubt that the retrenched New Notwithstanding these difficulties the Group's five South Welshman would suffer by comparison with year record to 1982 as disclosed in its consolidated the retrenched Victorian in compensation for accounts shows a substantial increase in net assets redundancy. In Queensland, Vickers Scotts have a and very healthy reserves and retained profits. While redundancy arrangement quite different from other share capital amounts to $15m, capital and revenue schemes. One feature is that there is a 100 per cent 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2273 pay out on accumulated sick leave. Then there are BEFORE THE WESTERN AUSTRALIAN operations in Western Australia with redundancy ar- INDUSTRIAL COMMISSION. rangements similar, if not precisely the same as those No. CR251 of 1983. proposed by the Company for employees of Vickers Between Australasian Society of Engineers, Hadwa. Moulders and Foundry Workers Industrial I have given a great deal of consideration to all of Union of Workers, Western Australian Branch the cases to which Mr Parks referred in these pro- and Amalgamated Metal Workers and Ship- ceedings. I am particularly conscious of the views ex- wrights Union of Western Australia, Claimants, pressed by Cort S. C. in the G. E. Crane & Sons case and Vickers Australia Limited, Respondent. but, with great respect, I place more weight on the re- Order. sults of the conciliation process with respect to redundancy payments than he appeared to do in that HAVING heard Dr J. Crouch on behalf of the Aus- matter. The fact is that the Act under which this tralasian Society of Engineers, Moulders and Commission operates commands that conciliation be Foundry Workers Industrial Union of Workers, paramount and restrains the Commission from re- Western Australian Branch and Mr J. Sharp-Collett sorting to arbitration unless the conciliation process on behalf of the Amalgamated Metal Workers and has truly run its course. To discount the results of Shipwrights Union of Western Australia and Mr C. concilation in that context because it is agreed rather B. Parks on behalf of the respondent, the Com- than arbitrated by a third party has little attraction mission, pursuant to the powers conferred on it for me. Naturally the "conciliation" itself needs to be under the Industrial Arbitration Act, 1979, hereby considered to ensure that it is genuine. Also I agree orders and declares that— that understandings between parties should not be Notwithstanding the provisions of the Metal forced automatically onto other parties but where it Trades (General) Award 1966 and Order No. can be shown that a certain type of condition is being C672 of 1981 the following provisions shall apply recognised by unions and employers alike in ever in- to former employees of the respondent covered creasing numbers, then it seems to me to be part of by the Metal Trades (General) Award 1966 re- the evolutionary pattern to which I referred earlier in trenched from its Division known as Vickers these Reasons and must weigh with other factors in Hadwa— deciding what constitutes fair and reasonable con- (1) All employees with less than five years' ditions in contemporary society. One other matter to service shall receive the conditions pre- be kept in mind is that substantial change has taken scribed under "Payment On place since the decision of Cort S. C. (62 W.A.I.G. p. Redundancy" in Order No. C672 of 2596) and this may contribute in some measure to 1981. what appears to be a difference in emphasis between (2) All employees with five years' or more us. What is significant, however, is that Cort S. C. service shall receive, in lieu of the con- concluded that employees of the Western Australia ditions prescribed under "Payment On Division of that particular Company should be Redundancy" in Order No. C672 of treated no less favourably than employees retrenched 1981— in New South Wales. (a) Payment for 100 per cent of their My general comments on recent trends in the over- pro rata long service leave en- all approach to the redundancy question may be read titlements. also as comments upon recent decisions of Fielding (b) The annual leave loading pre- C. to which my attention was drawn by the respon- scribed in Clause 23.—Holidays dent. and Annual Leave of the Metal After considering all of the foregoing I have con- Trades (General) Award 1966 cluded that the Order of Cort S. C. issued by agree- with respect to proportionate ment between the parties on 9th June, 1982 should leave on termination. not be interfered with insofar as it applies to re- (c) 1.5 weeks' pay for each com- trenched employees with less than five years' service. pleted year of service up to a The overall result of the agreement appears reason- maximum of 15 years' service or able having regard for what has been awarded in re- 22.5 weeks' pay. cent times to retrenched employees with compara- Dated at Perth this 17th day of October, 1983. tively short service. (Sgd.) B. J. COLLIER, However, I see no reason why foundry workers [L.S.] Commissioner. with long service in the Vickers Hadwa Division of Vickers Australia should be treated less favourably than similar foundry employees of the Vickers Ruwolt Division in Victoria. According to Mr Parks, the latter receive pro rata long service leave after five years' service and 1.5 weeks' pay per year of service up to a maximum of 15 years' service or 22.5 weeks. BEFORE THE WESTERN AUSTRALIAN However, there is no pay out of accumulated sick INDUSTRIAL COMMISSION. leave not taken. No. CR 150 of 1983. I have decided to issue an Order which will apply Between Federated Clerks Union of Australia, Indus- the provisions of Order No. C672 of 1981 to re- trial Union of Workers, W.A. Branch, Claimant, trenched employees with less than five years' con- and A.N.I. Corporation Limited, Respondent. tinuous service and to grant to retrenched employees Order. with five or more years' service similar conditions to HAVING heard Mr C. Panizza on behalf of the those which apply to foundry workers in Vickers claimant and Mrs P. E. Bentley on behalf of the re- Ruwolt. This is on the understanding that the infor- spondent, and by consent, the Commission, pursuant mation given by the respondent to the Commission to the powers conferred on it under the Industrial Ar- with respect to conditions at Vickers Ruwolt is cor- bitration Act, 1979 hereby orders— rect although it differs in a material respect from That the matter be struck out. that supplied by the applicants. Dated at Perth this 19th day of October, 1983. The Minutes of the proposed Order will now issue and the parties may speak to same on a date to be ar- (Sgd.) G. J. MARTIN, ranged. [L.S.] Commissioner. 2274 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

BEFORE THE WESTERN AUSTRALIAN three employees were no longer necessary. That de- INDUSTRIAL COMMISSION. cision was implemented on the aforesaid date when No. CR47 of 1983. the three employees were given one week's wages in lieu of notice and such other moneys to which they Between Federated Clerks Union of Australia, Indus- were entitled in accordance with the relevant award, trial Union of Workers, W.A. Branch, Claimant, the Clerks (Commercial, Social and Professional Ser- and Bell Bros. Pty. Ltd., Respondent. vices) Award No. 14 of 1972 as varied. Under that Before Mr Commissioner G. J. Martin. award [52 W.A.I.G. p. 1186] the minimum period of The 13th day of October, 1983. notice is one week [52 W.A.I.G. p. 1186 at p. 1190]. Mr C. Panizza on behalf of the claimant. The details of the payments so made are set out Mrs P. E. Bentley on behalf of the respondent. hereunder: Reasons for Decision. Schedule. THE COMMISSIONER: The following matter of Particulars of employees retrenched— disagreement between the parties had not been re- 1. Mr J. N. Behrman, 19 Marriot Way, Morley solved by conciliation at the conclusion of a confer- 6062. ence held by me pursuant to section 44 of the Indus- Age—58 years—Position held: Cost Clerk trial Arbitration Act, 1979 on the 15th day of and Time Sheets Workshop. February and the 7th day of April, 1983. Date of commencement—29th September, The claimant on behalf of Mrs E. Collins, Mr 1966. J. N. Behrman and Mr G. F. Bell, and whose Date notice given—10 December, 1982. contracts of employment were terminated by the respondent on the 10th day of December, 1982 Date of termination—10th December, 1982. "due to a significant downturn in the market Length of service—16 years 3 months. place in which it operates", seeks an order that Paid on termination— the respondent pays to each of the aforesaid per- $ sons, redundancy pay calculated as follows: 1 week's ordinary pay due 243.10 Four weeks' pay in lieu of notice. 1 week's pay in lieu of notice 243.10 Two weeks' pay for each year of service. 440.82 hrs pro rata annual leave .. 2 679.30 Payment of pro rata long service leave for Loading on all annual leave 468.88 less than 10 years' service. 381.33 hrs long service leave 2 317.72 Payment of accrued sick leave. 173.33 hrs long service leave 1 053.50 Payment of loading on all annual leave paid upon termination. 7 005.60 Or; Such other payment as the Commission may 2. Mr G. F. Bell, 6 Christina Street, Hazelmere determine. 6055. The respondent opposes and objects to the Age—64 years—Position held: Stock issuance of any such order. Clerk—Oil and Fuel Supplies. I first heard the parties on the 27th day of April, Date of commencement—15th September, 1983 and on that day the respondent submitted that 1970. the subject matter before me was not an industrial Date notice given—10th December, 1982. matter as envisaged by the Industrial Arbitration Date of termination—10th December, 1982. Act, 1979 and that I should therefore refrain from Length of service—12 years 3 months. hearing and determining the matter. Paid on termination— The claimant in reply argued that the matter of $ disagreement was an industrial matter and that I 1 week's ordinary pay due 252.55 should proceed. 1 week's pay in lieu of notice 252.55 I reserved decision on that preliminary question. 544 hrs pro rata annual leave 3 434.82 Subsequently the same question was posed to a 504 hrs loading on annual leave ... 226.90 Full Bench of the Commission in another matter [No. 274.44 hrs long service leave 1 732.81 CR122 of 1983] and decided against the employer re- 141.56 hrs long service leave 893.81 spondent in that matter on the 13th day of July, 1983 [63 W.A.I.G. p. 1547], the Full Bench taking the view 7 123.44 that a claim for compensatory moneys upon the retrenchment of an employee by an employer was an 3. Mrs E. Collins, 5 Hume Road, High industrial matter even though the claim was raised Wycombe 6057. after the contract of employment between an em- Age—50 years—Position held: Accounts ployer and an employee had been terminated. clerk. In view of that decision I heard the arguments that Date of commencement—3rd November, evidence of the parties on the merits of the matter of 1975. disagreement on the 22nd day of August, 1983 and Date notice given 10th December, 1982. reserved my decision. Date of termination—10th December, 1982. The sequence of events leading to the matter of disagreement is short and simple. Length of service—7 years. The respondent's operations service the construc- Paid on termination— tion industry and that industry has been adversely $ affected by the economic recession. I was told that 1 week's ordinary pay due 155.11 for about 12 months prior to the termination of the 1 week's pay in lieu of notice 155.11 three employees concerned (and which occurred on 41.6 hrs pro rata annual leave 248.15 the 10th day of December, 1982) the respondent was 31.3 hrs loading on annual leave .. 32.67 experiencing difficulties in the area in which they were employed. 591.04 The volume of work declined due to the downturn of the business activities involved, leading to the re- Note: 1 week = 26 hrs. for Mrs Collins. spondent taking the decision that the services of the [Exhibit I]. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2275

It is to be noted that Mr J. N. Behrman was paid Looking at the respective claims made on behalf of annual leave loading on all outstanding annual leave the three employees and the whole of their circum- [Exhibit 13] and that Mrs E. Collins was a part-time stances and those of the respondent I consider that— employee, working usually 26 hours per week. (a) Payment of accrued sick leave. The claimant contends that having regard to its The provisions in the relevant award for payment size and financial health the respondent is well able for absences from work due to personal ill health is to do better for the three employees than the minima structured to provide a limited preservation of in- prescribed by the award. come for work time lost through such absences. The In support of its arguments the claimant adopted a award does not provide nor in my view is it consistent very similar treatment to that which it did in Matter with that prime purpose to provide by any other No. CR306 of 1983 and which I detailed in my means, that moneys in lieu of sick leave unavailed of reasons for decision thereon on 3rd October, 1983 should be paid out by an employer to an employee (not yet reported). I do not repeat in these reasons upon termination of the contract of employment for decision the authorities and exhibits placed be- whatever the circumstances of that termination may fore me being as they are, except for the respondent's be. Accordingly I will not allow this particular claim. financial performance, basically the same as in that matter. (b) Annual Leave Leave Loading. This award provision is a means whereby in prin- I also do not repeat the authorities which I recited ciple, the level of moneys for an employee whilst on in those reasons for decision. annual leave is similar to that which would ordinarily accrue whilst the employee is at work although for Looking at the particular circumstances before me employees not subject to shift work or the like it does in this matter I note that: not have that effect and may be viewed more logi- Mr J. N. Behrman did receive annual leave cally as a bonus or spending money whilst on annual loading on all annual leave paid upon termin- leave. ation. He is now 60 years of age and in receipt of The comments of the Commission in Court Session a service pension. He has no dependent children, in Matter No. 1129 of 1982 of 20th July, 1983 [63 owns his own home and from his own evidence is W.A.I.G. p. 1531] are apposite to my remarks. Ac- not experiencing any hardship. He has tried cordingly there is no logic in the payment of the without success to obtain other employment. loading on moneys in lieu of annual leave except in The biggest effect upon this employee is a those cases when it has been specifically so provided, change in his expectation to be in receipt of his e.g. The Building and Construction Industry. then existing salary for another five years and A Commission in Court Session in Matter No. 1004 this would obviously affect his consumption pat- of 1974 on 14th March, 1975 refused to apply the tern. annual leave loading to pro rata leave payable on termination [55 W.A.I.G. p. 486 at p. 487]. Mr G. F. Bell received annual leave loading on 504 hours of his 544 hours of the accumulated I see no reason to depart from that practice and annual leave paid on termination. He is now 65 this claim will not be allowed. years of age (as from 2nd April, 1983) and in receipt of the age pension and a United Kingdom (c) Four Weeks pay in lieu of notice. pension. He is entitled to a service pension which I agree that in a case of retrenchment due to he has not availed himself of as yet. financial or commercial considerations an employer He planned to retire on 15th July, 1983, later should give to employees to be so terminated the than his 65th birthday and had an arrangement greatest possible amount of time of notice in which to with the respondent to that effect and which ar- pursue relocation opportunities or moneys in lieu of rangement would have increased his annual time to cover a reasonable period for such purposes. leave pay out [Exhibit 14]. In the matter under consideration that would have been unnecessary in the case of Mr Bell and his re- He embarked upon a home renovation project tirement plans, and probably of no avail to Mr and the loss of his previous income has caused an Behrman having regard to his age and the job mar- erosion of the payments made to him on the ter- ket. mination of his contract of employment to meet the costs of that project. That latter circumstance is probably true also of Mrs Bell to a lesser extent. It may be that Mr Bell has a case against the respondent for a breach of the annual leave arrange- In any event Mr Behrman was not left bereft of an ment but I do not consider it to be a matter to be de- income and for Mrs Collins the loss of employment termined in these proceedings. [See 58 W.A.I.G. p. did not affect her families' "bread and butter" but 202 at p. 207], only the "cream". In those circumstances I see no reason to award ad- Mrs E. L. Collins. ditional moneys of the nature claimed. This employee received 31.3 hours annual (d) Two weeks' pay for each year of service. leave loading out of 41.6 hours of the pro rata The claimant posed this claim as compensation for annual leave payment and no pro rata long ser- "firstly the short notice and the circumstances sur- vice payment in respect of her seven completed rounding the termination, secondly on the loss of se- years of continuous service. She is 49 years of age curity and of the reasonable expectation of continued and on the 18th day of March, 1983 obtained an employment; thirdly on the loss of expected benefits employment position which entails about five to in the form of sick leave, accrued long service leave eight hours paid work per week. and loading on annual leave and fourthly on the loss This employee is married and entered the of expected earnings. (Transcript notes of proceed- workforce to provide additional income for the ings p. 23] family. I was told that the contract of employ- or ment of this employee was terminated in prefer- as it was referred to in the "AMSCOL" matter by the ence to that of a younger person who is a sole in- South Australian Commission in Appeal Session on come earner. 20th December, 1978. 2276 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

Finally we take the expressions "severance Based upon the ordinary wage per week of $155.11 payment" or "severance allowance" to mean I calculate the amount by the method so referred to payment of monetary compensation—in ad- as $658.70 and the minutes of the proposed decision dition to normal legal entitlements on termin- which now issue in determination of this matter so ation of employment—for the loss by an em- provide. ployee of his right to or reasonable expectation The parties may speak to those minutes, if they so of continuance in his employment and the conse- desire, on a day and at a time to be arranged with me. quent deprivation of direct and indirect benefits which may have attached to such a continuance and specific financial hardship which may arise.[Australian Industrial Law Review Volume 21 p. 48 and p. 49] (That matter resulted in addition to extended periods of notice to severance payments calculated on the basis of one day's wages for each year of ser- BEFORE THE WESTERN AUSTRALIAN vice in excess of four years of continuous service). INDUSTRIAL COMMISSION. I note that the manner in which the claimant has No. CR47 of 1983. structured its claim some factors are dealt with twice. Between Federated Clerks Union of Australia, Indus- trial Union of Workers, W.A. Branch, Claimant, In the instant matter I do not see that there is a and Bell Bros. Pty. Ltd., Respondent. case for the employees concerned, having regard for their particular circumstances, to be compensated Order. under this heading and no order will be proposed in HAVING heard Mr C. Panizza on behalf of the their favour. claimant and Mrs P. E. Bentley on behalf of the respondent the Commission, pursuant to the powers (e) Payment of pro rata Long Service Leave for less conferred on it under the Industrial Arbitration Act, than 10 years service. 1979 hereby orders— This claim relates only to Mrs Collins who had That the respondent shall, within 21 days of completed seven years of continuous service with the the date hereof pay to Mrs E. L. Collins of 5 respondent. Hume Road, High Wycombe the amount of $658.70. The claimant correctly points out that there have been a number of decisions of this Commission in Dated at Perth this 27th day of October, 1983. which a payment for Long Service Leave has been (Sgd.) G. J. MARTIN, awarded on the basis of half of the years of completed service such as in Matter No. CR544 of 1978 (59 [L.S.] Commissioner. W.A.I.G. p. 401 at p. 402) and Matters Nos. C179 and C185 of 1974 wherein such service was recognised where at least five years of service had been completed and the employee was not less than 50 years of age (54 W.A.I.G. p. 1239). The respondent points out that this employee was BEFORE THE WESTERN AUSTRALIAN employed once before by the respondent for a period of two years and had terminated her employment to INDUSTRIAL COMMISSION. accompany her husband overseas on his long service No. CR306 of 1983. leave and observes that there is not necessarily the Between Federated Clerks Union of Australia, Indus- expectation that she would go through to 10 years trial Union of Workers, W.A. Branch, Claimant, service if a reason arose which suited her to leave the and Gordon and Gotch Limited, Respondent. respondent. Before Mr Commissioner G. J. Martin. That may or may not be the case although the em- The 3rd day of October, 1983. ployee stated that such was her expectation. Mr C. Panizza on behalf of the claimant. However as the Commission said in Matter No. Mrs P. E. Bentley on behalf of the respondent. CR544 of 1978. However whilst it is reasonable to assume the Reasons for Decision. existence of an intention to remain indefinitely THE COMMISSIONER: The following matter of with the employer one cannot assume that all disagreement between the parties had not been re- three would necessarily have remained with the solved by conciliation at the conclusion of a confer- employer for the 10 years necessary to qualify for ence held by me pursuant to section 44 of the Indus- pro rata payment upon the termination of their trial Arbitration Act, 1979 on the 12th day of August, employment. For that reason I would hesitate to 1983. take into account the whole of their service in ar- The claimant seeks an Order that the respon- riving at a compensatory payment. [59 W.A.I.G. dent shall pay to Mrs Karin Gaschk of 24 p. 400 at p. 401.] Broome Street, Mosman Park termination pay In assessing 50 per cent of the employees' service calculated on the following basis:— as equitable compensation the Commission also took (1) An additional three weeks notice; and into account the nature of the employers circumstances in having to retrench the employees con- (2) Four weeks wages for each year of ser- cerned. vice; and (3) Pro rata long service leave; and I see this employees situation as somewhat anal- ogous to that in Matters Nos. C179 and C185 of 1974 (4) Accrued untaken sick leave; or by reference to length of service and age and intend such other compensation as the Commission to allow for the undetermined factor of whether she may determine. would have stayed for 10 years or not. The respondent objects to and opposes any I consider that an award calculated at 70 per cent such Order. of the full pro rata payment based on seven years of I heard the arguments and evidence of the parties completed service as an equitable solution under this on the 27th day of September, 1983 and reserved my heading. decision. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2277

I consider from the material before me that the fol- The claimant does not seek reinstatement or re- lowing is the sequence of events leading to the matter employment of the employee as a remedy however as of disagreement. it considers that such a step would be neither practical nor desirable. Mrs K. Gaschk, (the employee) commenced employment with the respondent on the 28th day of The remedy sought is compensation. April, 1978 as a clerk in the accounts receivable and Secondly the claimant submits that the employee payroll sections of the respondent's operations in was made redundant as a result of a change in the Perth. office system—redundancy through technological change to the systems under which the respondent The respondent earlier this year decided that be- operates—as opposed to redundancy brought about cause of a decrease in the workload in accounts re- by the economic recession. In elaboration of those ceivable it was appropriate to place its payroll system propositions the claimant submitted: on its computer and in turn transfer the employee to the computer section, because of her payroll back- * The matter of disagreement is an industrial ground. If the employee had not been so transferred matter. (See the decision of the Full Bench the previous clerical position she occupied would only in Matter No. CR122 of 1983—63 W.A.I.G. have generated about two day's work. The employee, p. 1547.) her immediate superior and the supervisor of the * The matter of disagreement is to be deter- computer section were all "happy" with the new mined in accordance with section 26 of the arrangement. Industrial Arbitration Act, 1979 on its particular merits. However, the employee, despite her honest endeav- (See Matter No. 626 of 1977—58 W.A.I.G. p. ours did not appear to have the aptitude to adapt to 202 Matter No. 602 of 1981—61 W.A.I.G. p. her new position of a data entry operator within the 1722.) time normally taken by an inexperienced person and created difficulties for other employees due to the * Because of the economic recession the em- slowness of her work and the need for a lot of her ployee will have difficulty in obtaining new work to be checked or reprocessed. employment and there will be a considerable time lag in so doing. (Exhibits 2, 3 and 4) Ulitmately after some three or four weeks the supervisor of the section reported that situation to * Despite the economic recession the respon- the accountant and the supervisor was instructed to dent is performing well, commercially and give the employee more time and attention. financially. (Exhibits 5, 6 and 7) * The respondent has previous experience The supervisor advised the employee of her con- with redundancy settlements vis a vis its cern at her progress and continued the training pro- closure of W. J. Carr Pty Ltd, a wholly cesses with the warning that if she did not improve, owned subsidiary in Victoria, operating in she, the supervisor would have to review the situ- the printing industry. (Transcript Notes of ation. proceedings pp. 37 and 38.) A further week passed and upon receiving a report * There is ample authority to support the that the employee was distressed by her work situ- claim for pro rata long service leave, ie. ation, the accountant spoke with the employee who Matters Nos. 1258 and ors of 1977—58 stated that she felt she was not being given enough W.A.I.G. p. 116. tuition and assistance to learn her new job. Matter No. CR544 of 1978—59 W.A.I.G. A week later the accountant enquired into the situ- p. 400. ation again and from the supervisor's report to him Matter No. 996 of 1982—63 W.A.I.G. p. concluded that the situation could not continue in 10. the best interests of productivity and morale in the Matters Nos. C179 and C185 of 1974—54 computer section. Thus on the 21st day of July, 1983 W.A.I.G. p. 1231. the employee was given two weeks wages in lieu of * In relation to untaken sick leave and loading notice, it being considered best all round if the con- on pro rata annual leave on incomplete tract of employment did not run the course of the years of service it was submitted that as the period of notice. employee had been dismissed through no The employee was employed subject to the pro- fault of her own she had been denied ben- visions of the "Clerks (Wholesale and Retail Estab- efits which she could have availed herself of lishments)" Award No. 38 of 1947 as varied, consoli- if the need arose. dated and further varied (38 W.A.I.G. p. 197, the con- * There is ample precedent of redundancy solidation appearing at 62 W.A.I.G. p. 332). The payments or severance payments to com- period of notice specified in that award is one week. pensate employees who have been re- (62 W.A.I.G. p. 332 at p. 346). trenched or terminated for deprivation of direct or indirect benefits which were at- In addition, to the two weeks wages in lieu of no- tached to their contracts of employment and tice, the employee was paid the four weeks annual specific financial hardship arising from the leave due to her (Exhibit I). The employee is 42 years loss of employment. of age and is in employment to assist the finanacial See Australian Industrial Law Review, 1979 difficulties being experienced by her husband in his paragraph 48. business. Matters Nos. C179 and C185 of 1974—54 On the 31st August, 1983 the employee commenced W.A.I.G. p. 1231. work with another employer at a net salary $40.00 Matters Nos. CR179 and Ors of 1982—62 per week less than that which she received from the W.A.I.G. p. 1782. respondent. Australian Industrial Law Review 1983, NSW paras. 154, 402 and 387. The claimant poses two propositions on the em- Exhibit 8. ployees behalf. Exhibit 9. Firstly that the termination of the contract of em- Exhibit 10. ployment by the respondent was unfair and un- Australian Conciliation and Arbitration reasonable in that the respondent should have al- Commission Matter C No. 442 of 1983. lowed the employee more time to learn her new task Matter No. CR35 of 1983—63 W.A.I.G. p. or relocated her elsewh-^e in its operations. 1508. 2278 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

The respondent argued th^t to the extent that appears fair, protect the em- * The situation leading to termination of the ployee in his employment. However, if the em- employee was not one of redundancy or re- ployee so conducts himself that, in all the cir- trenchment but an ordinary transfer within cumstances, his conduct can be seen as inconsist- the organisation from one position to ent with his obligations as an employee, he will another because of the circumstances of the have great difficulty in satisfying the Com- position and the organisation's workload. mission that it should interfere on his behalf. In the case of the employee in question (My emphasis.) 59 W.A.I.G. p. 11 at p. 12. having regard to her experience and an ex- The key thus becomes "all of the circumstances of perience with another employee of similar the dismissal" and it is inappropriate in my view to experience the transfer should have proven endeavour to construct a scheme of compensation or successful. remedies to be universally applied to all cases. * The employee was not terminated through As a Commission in Court Session said in Matter no fault of her own but due to her inability No. 1088 of 1974 on the 14th day of May, 1975 to cope with the work to which she was transferred. Thus it was not a case to which As we have already mentioned we are not, in Matters Nos. 1258 and ors of 1977 (58 these proceedings nor, for that matter, was Cort C. in the proceedings under appeal, attempting W.A.I.G. p. 116) applied. to lay down any general principles to apply to * The employee was replaced in the computer the retrenchment of workers from industry. The section after her termination and that dis- proper place for the expression of such general tinguished this matter from Australian Con- principles is in the award and that is where they ciliation and Arbitration Commission Mat- are currently to be found. Cort C. was dealing ter C No. 442 of 1983. with a particular case of retrenchment and he ex- * Other cases can be distinguished on the pressly saw it as his task, if he was to depart basis that they involved closures of from the award, to find in the circumstances of businesses due to economic or financial con- the particular case elements which made it dis- siderations. tinguishable from what he called the "ordinary" Australian Industrial Law Review—New case for which the award might be thought to South Wales Matters paragraphs 154, have been designed. In our opinion that ap- 402 and 387. proach was plainly the correct one. (55 W.A.I.G. Matters Nos. C179 and C185 of 1974—54 631 at p. 632.) W.A.I.G. p. 1231. That view and particularly its reference to the Matters Nos. CR179 and ors of 1982—62 "circumstances of the particular case" I see to be the W.A.I.G. p. 1782. guidelines for any such matter as it allows all the * The agreements made between other parties variable factors to be analysed. on redundancy payments were not appropri- Without trying to be exhaustive those factors in- ate to this matter as it was not a redundancy clude the calling or callings followed, age, training, situation. qualifications, experience, relocation prospects and * The respondent had exceeded its obligation financial and/or family obligations of an employee under the relevant award on the question of and the financial and commercial circumstances and notice in recognition of the employees ser- capacity of an employer. vice to it and that excess should be borne in The behaviour of other parties as in any industrial mind if I ordered any payments related to relations matter must be looked at in the light of the pro rata long service leave. circumstances which confronted them as is also the * The respondent had endeavoured to retrain case with decisons of other Industrial Tribunals. the employee concerned for the change which was necessary in her work position I do not consider the matter now before me is one of retrenchment due to economic or commercial con- and the failure of that retraining was not siderations or technological change as I understand due to any act or omission by the employer. those terms. * There was no other position within the respondent's operation to which the employee Nor is it a case of redundancy, where as the Indus- could be relocated. trial Appeals Court said in Matter No. 3 of 1982 on the 1st day of March, 1983— MY DETERMINATION. The employee becomes redundant because the It does not follow that every termination by an em- work he is to perform is no longer necessary for ployer of an employee's contract of employment by the employer's purpose .. .(63 W.A.I.G. p. 607 at notice attracts compensation in addition to the obli- p. 609.)' gations arising from the contract of employment In this case the employee was required to perform and/or the relevant award, despite the bad economic work in a manner different from that in which it had times besetting the community. been performed in the past and she was unable to In Matter No. 626 of 1978 on the 22nd day of adapt to the new method after being given what I December, 1978 a Commission in Court Session said consider to he a fair and reasonable opportunity to do inter alia— so. An employer has the right to terminate the I therefore conclude that her dismissal was not un- services of an employee but it is not an unquali- fair nor was it due to her work being no longer fied right. An employee has the right to remain necessary for the respondent's purposes. in his employment, but it is not an unqualified The matter however does not stop there in my right. The right to terminate the employment in view. the one case and to retain the employment in the other case have attendant obligations. An em- Having regard to the employee's length of service I ployer may dismiss an employee but if, in all the feel the respondent could have been more considerate circumstances, the dismissal is shown to the in affording the employee a greater period of time in Commission "to represent an unfair exerciscTof which to find alternative employment. I see no in- the right of dismissal the Commission will equity in not requiring the employee to work out her interfere with that exercise oTlTiTngEtTaiKnOTir notice but I do consider that the moneys paid in lieu 23rd November, 1983] W PTE. 2279 of notice to cover a period of no employment whilst The employee commenced employment with the that avenue was being explored, inadequate, having respondent on 1st July, 1975 in the calling of a clerk regard to the clerical job market and the employee's at the Great Western Hotel, situated at 209 William age. Street, Perth. Her duties included reception, ac- I determine the matter of disagreement by minutes counts receivable and payable, wages and general of a proposed decision awarding the employee two or- bookkeeping duties. The contract of employment was dinary week's wages. subject to the provisions of the Clerks (Hotels, Mo- The parties may speak to those minutes on a day tels and Clubs) Award No. 7 of 1977 as varied [59 and at a time to be arranged with me. W.A.I.G. p. 529], The employee worked on a part-time basis, com- prising 30 hours per week and received a weekly wage of $214.90 gross. In July 1983, the respondent appointed a new manager and licensee of the hotel and that person has a three months option to purchase the hotel, such BEFORE THE WESTERN AUSTRALIAN option to expire on the 1st day of November, 1983. INDUSTRIAL COMMISSION. The new manager-licensee chose to have the work No. CR306 of 1983. then performed by the employee performed by his Between Federated Clerks Union of Australia, Indus- wife and on 25th July, 1983, the employee was given trial Union of Workers, W.A. Branch, Claimant, one week's notice of termination of the contract of and Gordon and Gotch Limited, Respondent. employment. Order. The employee worked out two days of that period HAVING heard Mr C. Panizza on behalf of the of notice and then left of her own accord, upset at the claimant and Mrs P. E. Bentley on behalf of the re- loss of her employment. spondent, the Commission, pursuant to the powers During the period of notice the employee was to conferred on it under the Industrial Arbitration Act, have inducted the new manager-licensee's wife into 1979 hereby orders— the details of the position she had previously held. That the respondent shall, within 21 days from the date hereof, pay to Mrs Karin Gaschk The claimant adopted its usual format in such of 24 Broome Street, Mosman Park, the amount cases dealing with the state of the employment mar- of $503.40 ket, the respondent's financial viability and authorities and precedents on compensation in Dated at Perth this 14th day of October, 1983. redundancy situations. (Sgd.) G. J. MARTIN, The respondent does not claim that it is in [L.S.] Commissioner. financial difficulties, albeit that the hotel incurred a trading loss in the financial year 1981-82, leading to its decision to change its manager-licensee. The employee is presently unemployed, seeking employment and in receipt of social security benefits of $70.00 per week. BEFORE THE WESTERN AUSTRALIAN She is not experiencing any dire hardship but finds INDUSTRIAL COMMISSION. it difficult to cope with a reduced income and a No. CR298 of 1983. changed consumption pattern. Between Federated Clerks Union of Australia, Indus- The claimant referred to two matters in which em- trial Union of Workers, W.A. Branch, Claimant ployees had been given full pro rata long service leave and K. V. Gray Investments Pty. Ltd., Respon- payments, as distinct from other matters where ser- dent. vice was discounted due to the unknown factor of whether or not those employees would have stayed in Before Mr Commissioner G. J. Martin. employment for the minimum pro rata qualifying The 21st day of October, 1983. period of 10 years. Mr C. Panizza on behalf of the claimant. Those two matters were CR80 of 1981 of the 19th Mrs P. E. Bentley on behalf of the respondent. day of March, 1981 [61 W.A.I.G. p. 563] and CR291 of 1980 of 27th August, 1980 [60 W.A.I.G. p. 1571], Reasons for Decision. The respondent distinguishes those matters from THE COMMISSIONER: The following matter of the matter now before me, quite correctly in my view, disagreement between the parties had not been re- on the ground that they related to circumstances solved by conciliation at the conclusion of a confer- where the employees' positions became redundant. ence held by me pursuant to section 44 of the Indus- trial Arbitration Act, 1979 on 15th August, 1983. In this matter, the termination of the contract The claimant seeks an Order that the respon- arose because of a not untoward occurrence in my ex- dent shall pay to Miss Barbara Gadomski of 7 perience of the hotel industry wherein it is not un- Lealt Place, Ardross, severance pay calculated usual for lessees or managers to assume particular on the following basis:— working positions to run a financially viable operation. (a) Four weeks' basic severance payment plus With a husband and wife team as licensees, the husband may assume the role of bar manager and the (b) Four weeks' pay for each year of service wife, that of housekeeper, catering or the reception plus and office work. As such, it is not a redundancy situ- (c) Pro rata long service leave ation and I do not propose to determine the matter in plus that context. Accordingly I do not consider any of the payments as sought by the claimant in items (a) and (d) Accrued untaken sick leave. (b) of the memorandum of matters of disagreement The respondent objects to and opposes the have any relevance in this matter and they will not be issuance of any such order. allowed. For the reasons I gave in matter No. CR47 of I heard the submissions and evidence of the parties 1983 of the 13th October, 1983, neither will I allow on 11th October, 1983 and reserved decision. the claim raised in item (d) of the said memorandum. 2280 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November. 1983

As to payments in lieu of long service leave, it Mrs Turner commenced employment in seems likely that in view of the employee's past per- September 1982 as a full time bar attendant. Some formance and work record, that she would have time in February 1983 a change in management stayed in the employ of the respondent as long as she instruction was made and Mrs Turner was required was required and to that extent, the change of man- to wash all of the glasses in the lounge bar in agership has probably denied her a benefit which she "trisodium" once a week. She was given no directions would otherwise have achieved in two years' time. by the manager on how the "trisodium" was to be However equity (common sense and fairness) used and there were no instructions on the container. applies to both parties and it seems inequitable that She asked a co-worker how to use the cleaner. She the respondent should be burdened with the full re- made use of the rubber gloves available in a drawer sponsibility for the circumstances in which the em- but these had holes in them. She reported this to the ployee now finds herself. manager and requested new gloves but was told there To cater for that situation, I award to the employee were no new ones on the property. in the minutes of the proposed decision, an amount Ater the third day of washing with "trisodium", of money calculated upon four years of continuous Mrs Turner contracted "allergic dermatitis". She at- service at the rate of wage she was receiving at the tended the outpatients' clinic at Fremantle Hospital time of the termination of the contract of employ- and was given treatment. The attending medical ment. practitioner was requested to issue a medical Such calculation also takes into account the fact certificate and a letter addressed to the employer that the employee did not work out her notice to as- saying that Mrs Turner was suffering from an allergy sist the new manager in the takeover period and the and not dermatitis. This was done. Neither the inconvenience and costs incurred in forgetting to re- certificate nor letter can be found in the employer's files; the manager has since left the hotel and the at- turn her set of keys. tending medical practitioner has left the hospital. The parties may speak to the minutes of the pro- It is reasonable to conclude that the patient's re- posed decision if they so wish, on a day and at a time quests were met. By way of explanation, the Director to be arranged with me. of Emergency Medicine, Fremantle Hospital, saw no conflict between the entry of "allergic dermatitis" in the hospital records and a statement that Mrs Turner did not suffer from dermatitis for these reasons. The word "dermatitis" refers to an inflam- mation of the skin which can have many causes. Most BEFORE THE WESTERN AUSTRALIAN lay opinion is that dermatitis is a long, chronic con- INDUSTRIAL COMMISSION. dition. The dermatitis suffered by Mrs Turner was not chronic because it cleared away after a couple of No. CR298 of 1983. days and for that reason could be distinguished from Between Federated Clerks Union of Australia, Indus- a chronic condition. trial Union of Workers, W.A. Branch, Claimant In any event, she gave the certificate and letter to and K. V. Gray Investments Pty. Ltd., Respon- the wife of the manager on Monday, 14th March. The dent. wife read out the contents of the letter. Mrs Turner Order. was off duty the next day and returned to work on HAVING heard Mr C. Panizza on behalf of the Wednesday, 16th March. She was told by the man- claimant and Mrs P. E. Bentley on behalf of the re- ager that her services were terminated because she spondent the Commission, pursuant to the powers had dermatitis. conferred on it under the Industrial Arbitration Act, There is no evidence to show at what concentration 1979 hereby orders— the "trisodium" was used by Mrs Turner. According That the respondent shall, within 21 days of to the medical evidence there is a 75 per cent chance the date hereof pay to Miss B. Gadomski of 7 that the allergy would cause a reaction if she used Lealt Place, Ardross the amount of $742.38. that concentration again. The evidence indicates that Dated at Perth this 27th day of October, 1983. a proper use of protective gloves would considerably reduce the chance of allergic reaction. If the correct (Sgd.) G. J. MARTIN, concentration of "trisodium" is less than what was [L.S.] Commissioner. used by Mrs Turner then the chance of reaction would be reduced further. There is abundant evidence to show that Mrs Turner was the subject of a manifestly unfair action on the part of the employer. The action of terminating her services was callous in the extreme and could only be the action of a manager who had little or no appreciation for modern industrial relation practices. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. An order will issue directing the employer to offer a fresh engagement to Mrs Turner. The parties are to No. CR291 of 1983. consider the matter of compensation, particularly in Between Federated Liquor and Allied Industries Em- the light of the specific exclusion contained in the ployees Union of Australia, Western Australian interpretation of "industrial matter" which relates to Branch, Union of Workers, Claimant, and the Workers' Compensation and Assistance Act 1981. Kwinana Motor Inn, Respondent. If the parties are not able to settle on an amount for Before Mr Commissioner G. A. Johnson. compensation the matter will be relisted. The 30th day of September, 1983. Mr W. T. Baxter on behalf of the claimant. Mr V. E. D'Rozario on behalf of the respondent. Reasons for Decision. THE COMMISSIONER: In this matter, the applicant union claims that the services of Mrs B. K. Turner, a bar attendant, were unfairly terminated and the facts follow. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2281

BEFORE THE WESTERN AUSTRALIAN The inclusion of the son's name on the respondents INDUSTRIAL COMMISION. records was by way of reference to specific contracts. No. CR291 of 1983. The son signed an authority for the payment in relation to work on those contracts to be made to the Between Federated Liquor and Allied Industries Em- father's savings account. This occurred in mid ployees' Union of Australia, Western Australian January 1983 and from then on things carried on as Branch, Union of Workers, Claimant and before; the father did the bulk of the work and the Kwinana Motor Inn, Respondent. son gave him a hand periodically. The supervisors Order. did not see the son and all instructions were passed HAVING heard Mr W. T. Baxter on behalf of the to the father. There were no complaints about the claimant and Mr V. E. D'Rozario on behalf of the re- work and therefore no reason to talk to the son if in spondent, the Commission pursuant to the powers fact anyone in the service of the employer was under conferred on it under the Industrial Arbitration Act, the mistaken belief that the son was actually em- 1979 hereby orders that— ployed. 1. The respondent herein shall offer to Mrs Kay Turner full time employment as soon as the There is no doubt in my mind that the arrange- first such full time position becomes available. ment was one of convenience for the employee and 2. The respondent shall pay to Mrs Kay the employer; the employee to the extent that the Turner the sum of $4 000.00 within 14 days of loss of income consequent upon the loss of his carpenter's job was compensated by the extra the date of this Order. cleaning work; the employer to the extent that the Dated at Perth this 31st day of October, 1983. books would show no irregularities with respect to (Sgd.) G. A. JOHNSON the award. [L.S.] Commissioner. During the first five months of 1983 the Lehanes were paid for hours that ranged between 70 to 120 per fortnight. At the beginning of April a new manager took over the operation. As part of his policy changes, hours worked by cleaners were limited to about 20 per fortnight and good reason was advanced why this should be so. Instructions were to supervisors for a reorganization of the workforce on a 20 hour opti- BEFORE THE WESTERN AUSTRALIAN mum fortnight. Special attention was given to Mr INDUSTRIAL COMMISSION. Lehane and he was requested to make a choice and he chose contract P05 which gave him 28 U hours per No. CR272 of 1983. fortnight. This particular contract was at that time in Between the Federated Miscellaneous Workers' the son's name. Union of Australia, Hospital, Service and Mis- cellaneous, W.A. Branch, Claimant, and Mr Lehane made special representation to the new Electrolux Building Services (W.A.) Pty Ltd, Re- manager about the loss of work but was told that 2-3 spondent. hours per night were the maximum. Before Mr Commissioner G. A. Johnson. Other jobs in the father's name were shed, how- The 9th day of September, 1983. ever, two of those jobs, A01 and R05, posed some dif- Mr M. Williams on behalf of the claimant. ficulty with respect to a replacement. According to Mr J. N. Uphill on behalf of the respondent. Mr Lehane, when he arranged to hand keys over he was requested by the supervisor to carry on with Reasons for Decision. them. THE COMMISSIONER: This matter concerns a claim that the services of a casual cleaner were un- Some several weeks after the manager became fairly terminated. The facts as I find them follow. aware of the fact that Mr Lehane was doing three contracts totalling 48 U hours per fortnight. Timothy Lehane is a carpenter by trade. In ad- Investigation revealed the January 1983 arrangement dition to that work he has worked as a casual cleaner by which there were two names on the company for many years. The cleaning work is ordinarily done books and only one employee. Mr Lehane was ter- before or after his work as a carpenter. His current minated for dishonesty in that he failed to abide by period of employment commenced at the beginning the manager's instructions to work no more than 20 of the 1981 and it appears that he was considered a hours and sought to disguise that action by working good employee by the respondent. Late in 1982 his under a second name. work as a carpenter finished and he requested additional cleaning work. By December 1982 his fort- The manager was not prepared to accept the state- nightly hours had risen to in excess of 100 spread ment of Mr Lehane that the contracts A01 and R05 over eight contracts. Much of this work had to be were done at the request of the supervisor then em- done during traditional cleaning times and it appears ployed (he left the employment shortly afterwards) that Mr Lehane sought the assistance of his son and believes that Mr Lehane is taking advantage of John. So far as the supervisors and officers of the re- the fact that there was a change in supervisors. spondent were concerned there was no major problem with this arrangement. There was however the There is no evidence before me to disprove the evi- matter of the provisions of the Cleaning (General and dence of Mr Lehane. He has sworn that he received Window) Contractors Award No. 3 of 1968, which re- instructions from the supervisor. His other evidence quired payment at overtime rates for some of the is not substantially challenged and I accept what he hours worked. According to Mr Lehane, he and the says. It follows that there was no good reason for the manager agreed to show Mr Lehane's son on the termination and there is no doubt in my mind that books of the respondent so that when the son helped the termination was unfair. he would be recognised as an employee and, I have no doubt, the problem of overtime would disappear. The The parties adduced considerable evidence in the arrangement does not appear to be designed to afford proceedings much of which I have not referred to be- Mr Lehane an opportunity to avoid paying income cause it does not contribute to nor detract from the tax. central core of fact set out in these reasons. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

I am prepared to make an order requiring the re- The Commission was told that a firm of account- spondent to offer a fresh engagement to Mr Lehane, ants acts for a number of trusts in the management however before minutes of such an order are issued of nursing homes. On 1st July last year the firm as- the parties are required to consider and discuss the sumed the management function for two more matter of compensation. If an amount can be agreed nursing homes bringing the total to nine. It appears upon minutes can issue otherwise the matter will be that the two additions operated at a loss and relisted. investigation showed that the wage element was much higher than that usually applying in the other mursing homes. Instructions were issued to the two matrons to reduce the hours of work to a more acceptable level. The reductions took place and it is those actions which are the subject of these disputes. BEFORE THE WESTERN AUSTRALIAN According to the union, the employees are required INDUSTRIAL COMMISSION to work harder in the shortened work period for less pay and a number of reasons were advanced to dem- No. CR272 of 1983. onstrate that such a requirement should be Between The Federated Miscellaneous Workers' overridden by the Commission. The employers object Union of Australia, Hospital, Service and Mis- to the Commission interfering in the management of cellaneous, W. A. Branch, Claimant, and the nursing homes. Electrolux Building Services (W.A.) Pty. Ltd., Both sides advanced considerable argument on the Respondent. subjects of managerial prerogative, the wage pause Order. decision of this Commission and the interpretation of HAVING heard Mr M. Williams on behalf of the "Industrial Matter" as contained in the Industrial claimant and Mr J. N. Uphill on behalf of the respon- Arbitration Act, 1979. dent the Commission, pursuant to the powers con- Interesting though those arguments might be, I do ferred on it under the Industrial Arbitration Act, not propose dealing with them because the matters 1979 hereby orders— are decided upon other grounds. That: The traditional approach to questions of this (1) The employer shall offer to Mr T. Lehane nature has been for tribunals not to interfere unless a fresh engagement as a cleaner within the employer abuses his right to manage. seven days of the date of this Order. In this case an employee who gave evidence indi- (2) The employer shall pay to Mr T. Lehane cated that she had to work harder and some things the sum of $828.00 within seven days of which she did before she does not do now. The man- the date of that fresh engagement. ager said that the wage costs at these two nursing (3) For long service leave purposes the ser- homes are now in keeping with those at the other vices of Mr T. Lehane shall be deemed to nursing homes. There was no evidence to suggest that be continuous with that service which the employees are required to work at an unreason- began on the 8th day of September, 1981. able pace. It is not open to conclude on the evidence that the Commission should in any way interfere in Dated at Perth this 28th day of September, 1983. this aspect of the management of the two nursing (Sgd.) G. A. JOHNSON homes. The applications are dismissed. [L.S.j Commissioner. Order accordingly.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. Nos. CR133 and CR261 of 1983. BEFORE THE WESTERN AUSTRALIAN Bet ween Federated Miscellaneous Workers Union of INDUSTRIAL COMMISSION. Australia, Hospital, Service and Miscellaneous, Nos. CR133 and CR261 of 1983. Western Australian Branch, Claimant, and: Between Federated Miscellaneous Workers Union of CR133 of 1983. Australia, Hospital, Service and Miscellaneous, Holland Street Nominees Pty. Limited trading as Western Australian Branch, Claimant, and: Fremantle Nursing Home. CR133 of 1983. CR261 of 1983. Holland Street Nominees Pty. Limited trading as Specialist Management Services Pty. Limited Fremantle Nursing Home, trading as Hamilton Hill Nursing Home, Re- CR261 of 1983. spondents. Specialist Management Services Pty. Limited Before Mr Commissioner G. A. Johnson. trading as Hamilton Hill Nursing Home Respon- The 30th day of September, 1983. dent. Mr O. K. Salmon, with Miss P. S. Kirwan on behalf Order. of the claimant- HAVING heard Mr 0. K. Salmon and with him Miss Mr R. H. Gifford on behalf of the respondents. P. S. Kirwan on behalf of the claimant and Mr R. H. Gifford on behalf of the respondents, the Com- Reasons for Decision. mission, pursuant to the powers conferred on it under the Industrial Arbitration Act, 1979, hereby THE COMMISSIONER: In these two ^ matters orders— referred pursuant to the provisions of section 44 of the Industrial Arbitration Act, 1979, the union appli- That the claim herein be dismissed. cant seeks Orders of the Commission directing the Dated at Perth this 30th day of September, 1983. employers to employ certain employees for hours no (Sgd.) G. A. JOHNSON less than were worked by those employees on 30th March, 1983. [L.S.l Commissioner. 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2283

Conferences— And whereas the said matter has this day been referred to the Commission in Court Session in ac- Industrial Action— cordance with the Principles adopted by the Com- mission in Matter No. 461 of 1983; Matters Dealt with And whereas, by reason of orders of the Com- Under Section 45 mission in force the matter in dispute can only be settled by the Commission and cannot be settled by negotiation between the said union and employers BEFORE THE WESTERN AUSTRALIAN without ratification by the Commission; INDUSTRIAL COMMISSION. And whereas the union has offered no evidence of In the matter of the Industrial Arbitration Act, 1979 an intention voluntarily to take action to cause its and in the matter of dispute CR393 of 1983 be- members to cease the industrial action; tween Mt. Newman Mining Company Pty. Lim- And whereas it appears to the Commission to be in ited and the Amalgamated Metalworkers and the interests of the employees, their employers and Shipwrights Union of Western Australia. the community as a whole that the industrial action Order. should cease now therefore I, the undersigned Chief WHEREAS on 1st November, 1983 the Commission Industrial Commissioner of the Western Australian held a conference pursuant to section 43 of the In- Industrial Commission, pursuant to the powers dustrial Arbitration Act, 1979 for the purpose of vested in me by the said Act, hereby order— dealing with a dispute concerning industrial action 1. That employees to whom the Electrical taken by members of The Amalgamated Metal- Contracting Industry Award No. 22 of 1978 workers and Shipwrights Union of Western Australia applies and who are this day engaged in in- employed by Mt. Newman Mining Company Pty. dustrial action shall cease that industrial ac- Limited at Port Hedland. tion at or before their normal starting time And Whereas on 1st November, 1983 I, the under- of work on Friday 4 November 1983; signed Commissioner, presided over the conference 2. That the said employees shall present them- No. CR393 of 1983 between the abovenamed parties. selves for work not later than the time speci- Now therefore the Commission being satisfied, fied in paragraph 1 and shall resume work as that further resort to conciliation will be unavailing; required by their employers and thereafter having enquired into the matter pursuant to section continue to work in accordance with their 45 of the Act, that industrial action has occurred and contracts of employment; is continuing; that members of the Amalgamated 3. That subject to paragraph 4 of this Order Metalworkers and Shipwrights Union of Western the Electrical Contracting Industry Award Australia employed by the abovenamed Company are No. 22 of 1978 is hereby amended in the engaging in that industrial action, hereby makes the terms of the General Order made in Matter following order pursuant to section 45 (2) (b) of the No. 461 of 1983; and Industrial Arbitration Act, 1979, namely— 4. That paragraph 3 of this Order takes effect (1) That the contract of employment of Mr P. upon the Commission being satisfied and so Niarros with Mt. Newman Mining Company declaring that the employees to whom this Pty. Limited is hereby suspended until mat- Order applies have complied with the re- ter CR393 of 1983 is determined by the quirements of paragraphs 1 and 2 of this Commission. Order. (2) This Order operates until any further order 5. Either party may, on 24 hours' notice to the of the Commission. other party, move the Commission to vary Dated at Karratha this 1st day of November, 1983. or cancel this Order. G. G. HALLIWELL, Note:—This Order is made with the intent— [L.S.] Commissioner. (a) that if the Commission in Court Session in determining Matter No. 590 of 1983 increases any rate of wage by an amount greater than the increase awarded by this Order, the increase awarded by the Com- BEFORE THE WESTERN AUSTRALIAN mission in Court Session shall be in substi- INDUSTRIAL COMMISSION. tution and not in addition to the increase No. C394 of 1983. awarded by this Order; Between Electrical Contractors' Association of W.A. (b) that any amendment to the award effected Union of Employers, Applicant, and Electrical by this Order is without prejudice to the ar- Trades Union of Workers of Australia (Western guments to be put to the Commission in Australian Branch), Perth, Respondent. Court Session by the parties in Matter No. WHEREAS a conference was held in Perth pursuant 590 of 1983. to section 44 of the Industrial Arbitration Act, 1979 Dated at Perth this 31st day of October, 1983. on 24 October 1983 and resumed on subsequent dates including this day between representatives of the (Sgd.) E. R. KELLY, abovenamed parties and others relating to the im- [L.S.] Chief Industrial Commissioner. plementation of wage rate increments provided for in the Electrical Contracting Industry Award No. 22 of 1978; And whereas the Commission is satisfied after enquiring into the matter that members of the abovenamed union to whom the said award applies are engaged in industrial action; And whereas the industrial action is in relation to the matter of the implementation of wage increments provided for in the said award; And whereas that matter is the subject of an application to the Commission numbered 590 of 1983; 2284 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983 Decision. UNIONS—AppIicaticMi for HAVING read the application, and less than five per centum of the members of the union having objected Alteration of Hules. to the proposed alteration, after consulting with the President, and upon being satisfied that the requirements of the abovementioned Act and the regulations made thereunder have been complied with, I have APPLICATION No. 553 OF 1983. this day registered an alteration to rules 6A, 10 and In the matter of the Industrial Arbitration Act, 1979, 13 of the registered rules of the applicant union in and in the matter of an application by the Feder- the terms of the application as filed and as corrected. ated Engine Drivers' and Firemen's Union of Dated at Perth this 14th day of October, 1983. Workers of Western Australia for alteration of T. POPE, its rules. Deputy Registrar.

NUMBER— PARTIES COM- DATE MATTER RESULT MISSIONER Amalgamated Metal Co-operative Bulk C361/1983 27/9/83 Dispute regarding indus- Resolved Workers Union Handling Ltd. Fielding C. trial action by maintenance workers in support of W.W.F. Amalgamated Metal Hamersley Iron Pty. C160/1983 26/5/83 Dispute regarding use of Concluded Workers Union Ltd. Fielding C. tyre gauges by truck drivers. Amalgamated Metal Mt. Newman Mining C393/1983 24/10/83 Work Stoppage at Referred. Workers Union Co. Pty. Ltd. Johnson C. and Company's Port 27/10/83 Hedland operations. Amalgamated Metal Steelmains Pty. Ltd. C359/1983 12/10/83 Claim for payment for Concluded Workers Union Collier C. lost time. Australasian Society of En- Chamberlain John C385/1983 20/10/83 Retrenchment pro- Concluded gineers Deere Pty. Ltd. Collier C. cedure. Australasian Society of En- Jason Builder Prod- C98/1983 28/3/83 Redundancy payments. Referred gineers ucts Ltd. Johnson C. and 23/6/83 Australasian Society of En- Wundowie Iron and C365/1983 6/10/83 Disciplinary action for Concluded gineers Steel Johnson C. two workers. Bakers', Pastrycooks' and De Campo Bakery C384/83 19/10/83 Claim for reinstatement. Referred Confectioners Union Johnson C. Builders' Labourers Feder- Allwest Bitumen C372/1983 18/10/83 Dispute concerning in- Concluded ation Collier C. spection of time and wages book. Electrical Trades Union International Com- C382/1983 21/10/83 Dispute concerning Concluded bustion Australia, Collier C. travelling allowances. Ltd. Federated Clerks Union Cadbury Schweppes C376/83 21/10/83 Severance pay. Referred Pty. Ltd. Martin C. Federated Clerks Union TVW Enterprises, C290/83 5/8/83 Severance pay. Referred Ltd. Martin C. and 27/9/83 Merchant Service Guild and Pearls Pty. Ltd. C335/83 9/9/83 Dispute re redundancy Concluded Others Collier C. payments. Miscellaneous Workers Hon. Minister for C273/83 4/10/83 Dispute re implemen- Concluded Union Water Resources Halliwell C. tation of new rosters. Miscellaneous Workers R. S. Linfoot C379/83 9/10/83 Dismissal Referred Union Investments Pty Johnson C. Ltd Tza Linfoot Cleaning Service Miscellaneous Workers Scotch College C368/1983 5/10/83 Dismissal of employee. Matter Union Fielding C. not pursued Printing and Kindred Government Printer C247/83 Claim re reduced hours Concluded Industries Union Martin C. and V.D.T. allowance agreement. Shop Assistants and Ware- Hoyts Theatres, Ltd. C373/83 26/10/83 Dismissal Concluded house Employees Martin C. Timber Industry Union Pine Hauliers, Pty. C362/1983 7/10/83 Claim for reinstatement. Concluded Ltd. Johnson C. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2285

PROCEDURAL DIRECTIONS (b) if that person is financial whether or not he/she was eligible to stand for AND ORDERS— election in accordance with rule 6 of the union's rules as at 14th BEFORE THE WESTERN AUSTRALIAN September, 1983. INDUSTRIAL COMMISSION. 2. The first and second named respondents do No. 591 of 1983. give, on 24 hours' notice, the applicants and In the matter of the Industrial Arbitration Act, 1979, their solicitors full and unimpeded access to and in the matter of an application for a the union's records relating to membership reduction of the time in which an answering and the payment of dues by each and every statement to Application No. 590 of 1983 is to be member during normal office hours Monday filed in the Commission. to Friday for the week beginning 7th November, 1983 until further order. WHEREAS an application was made by the Confed- eration of Western Australian Industry (Inc.), agents 3. That the election herein currently being for the Electrical Contractors' Association of Western conducted by the third named respondent Australia, Union of Employers, in accordance with be stayed until further order. the Industrial Arbitration Act, 1979; and whereas the 4. That this application No. 598 of 1983 application was heard ex parte before me in otherwise do stand adjourned to 5th Chambers I, the undersigned Chief Industrial Com- December, 1983 at 10.30 a.m. missioner pursuant to the powers conferred on me (Sgd.) D. J. O'DEA, under the Industrial Arbitration Act, 1979 do hereby [L.S.] President. order and direct— 1. That the applicant shall forthwith serve a copy of Application No. 591 of 1983, its accompanying statement and this order on the respondent, to claim in matter No. 590 of 1983. 2. That an answer to the claim in matter No. 590 of 1983, lodged with the Commission on the 4th day of October, 1983 shall be lodged with the Commission and a copy thereof served on the Confederation of Western Australian Industry (Inc.), on or before the 11th day of October, 1983. Dated at Perth this 6th day of October, 1983. NOTICE—Cancellation of (Sgd.) E. R. KELLY, Award/Respondent Section 47 [L.S.] Commissioner. NOTICE. WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. TAKE NOTICE that the Commission acting pursuant to section 47 of the Industrial Arbitration Act, 1979 intends, by order, to strike out the following party from The Paint and Varnish Makers' Award No. 22 of 1957 namely— BEFORE THE WESTERN AUSTRALIAN Wright Paints Pty. Ltd., INDUSTRIAL COMMISSION. Stockdale Road, O'Connor, W.A. 6163 No. 598 of 1983. on the grounds that the aforementioned company has Between J. E. Hurley, P. Westerburger and P. White, Applicants and Federated Liquor and Allied In- advised that it does not employ any person to whom dustries Employees' Union of Australia, Western the award applies. Australian Branch, Union of Workers, and E. L. Any person who has a sufficient interest in the Fry, Secretary, and J. Tomlinson, Returning matter may, within 30 days of the date of the publi- Officer, Respondents. cation of this notice, object to the Commission mak- Before His Honour the President ing such order. D. J. O'Dea. Dated this 20th day of October, 1983. K. SCAPIN, Order. Industrial Registrar. THIS matter having come on for hearing before me on 17th October, 1983 and 7th November, 1983 and having before me a further application No. 617 of 1983 seeking an Order for production of documents pursuant to regulation 26 of the Industrial Com- mission Regulations, and having heard and considered submissions in respect of this matter and in respect of the interlocutory application No. 617 of 1983 it is this day, 7th October, 1983 ordered that:— 1. The first and second named respondents shall file and serve on all the parties within 14 days of the date hereof a schedule relating to each person whose name appears in the register of members setting out against the name of each such person the following information pertaining to that person:— (a) whether that person is a financial member of the union 2286 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1963 40. Right of Entry. AWARDS— 41. Preference. Consolidation by Registrar— 42. Board of Reference. 43. Owner Drivers. PURSUANT to section 93 (6) of the Industrial Arbi- 44. Van for Plate Laying. tration Act, 1979 the following awards have been con- 45. Rail and Sleeper Lifting and Dolly. solidated and are published hereunder for general in- 46. Use of Own Conveyance. formation. 47. Special Rates and Conditions. 48. Wages. Dated at Perth this 27th day of October, 1983. 49. Definitions. K. SCAPIN, Schedule of Respondents. Industrial Registrar.

3.—Area and Scope. A.W.U. GOVERNMENT CONSTRUCTION (1) Area—this award shall operate throughout the AND MAINTENANCE. State of Western Australia. Award No. 24 of 1965. (2) Scope—this award shall apply to workers who are eligible for membership in the applicant union CASE AND BOX MAKERS. and who are employed by the respondents through- Award No. 48 of 1951. out the State on the following classes of work:— HOSPITAL WORKERS (Government). (a) Railway construction and maintenance. Award No. 21 of 1966. (b) Roads and bridges construction and maintenance. TIN MINING. (c) Country water supply, sewerage, drainage Award No. 14 of 1971. and irrigation construction and maintenance, excepting any work comprised in or connected with the Mundaring-Kalgoorlie A.W.U. GOVERNMENT CONSTRUCTION water supply undertaking, or the metropoli- AND MAINTENANCE. tan water supply, sewerage and drainage Award No. 24 of 1965. undertaking. 1.—Title. (d) Land clearing. For the purpose of this clause, "Land clearing" This award shall be known as the A.W.U. Govern- shall include clearing, fencing, grading or levelling ment Construction and Maintenance Award 1965 as land for any purpose associated with work carried out amended and consolidated and supersedes Awards by the respondents, including the construction of Nos. 35/52 and 28/55 as amended. aerodrome runways, and the construction work 2.—Arrangement. referred to in paragraphs (a), (b) and (c) shall include the erection of buildings, sheds or offices that are 1. Title. constructed specifically to enable the principal as- 2. Arrangement. sociated works to proceed. 3. Area and Scope. 4. Term. 5. Contract of Service. 6. Casual Workers. 4.—Term. 7. Old and Infirm Workers. This award shall have effect for one year from the 8. Mixed Functions. beginning of the first pay period commencing on or 9. Working Hours. after the date hereof. (This award was delivered on 10. Shift Work. 13th July, 1965.) 11. Notifying Worker He is Not Wanted on Next Day's Work or Shift. 12. Overtime. 13. Rest Period—Overtime Duty. 5.—Contract of Service. 14. Meal Interval and Allowances. (1) The contract of service shall be by the week and 15. Shortage of Materials. shall be terminable by one week's notice on either 16. Erecting and Shifting Camp. side or by the payment or forfeiture, as the case may 17. Holidays. be, of a week's wages in lieu of notice. In the case of a 18. Annual Leave. casual worker, one day's notice shall suffice. 19. Sick Leave. 20. Long Service Leave. (2) The employer shall be under no obligation to 21. Walking and Travelling Time. pay for any day not worked on which the worker is 22. Fares and Travelling Time. required to present himself for duty except such ab- 23. Fares Outside Metropolitan Area. sence is due to illness and comes within the pro- 24. Camping Allowance. visions of Clause 19.—Sick Leave or such absence is 25. Camping Standards and Amenities. on account of holidays to which the worker is entitled 26. Bicycle Allowance. under the provisions of this award. 27. Loss of Clothing. (3) This clause does not affect the right to dismiss 28. Wet Work. for misconduct and in such case wages shall be paid 29. Protective Clothing up to the time of dismissal only. 30. Deleted. 31. Tools. (4) The employer shall be entitled to deduct pay- 32. Powder Monkey's Work. ment for any day or portion of a day on which the 33. First Aid Outfit and Ambulance Stretcher. worker cannot be usefully employed through the 34. First Aid Attendant. breakdown of the employer's machinery or any stop- 35. Accompanying Injured or Sick Workers. page of work by any cause which the employer cannot 36. Payment in Working Hours. reasonably prevent, with the exception of wet 37. Transfer from Job to Job. weather, in which case the decision as to whether it is 38. Transport After Overtime or Shift Work. too wet to work shall rest with the engineer in charge, 39. Time Record. if available, and, in his absence, the foreman. 23rd November, 1983] W ;te 2287

6.—Casual Workers. (3) Where special circumstances exist and a ma- A casual worker is one for whom work over a period jority of workers desire to work longer hours on any of five consecutive working days, not counting hol- day they may, subject to the consent of the employer idays, is not provided by the employer. and the consent of the Union Secretary, be permitted Casual workers shall be entitled to receive 20 per to do so without payment of any penalty rate pro- cent in excess of the rate prescribed for their class of vided the longer hours so worked do not exceed two work. on any one day and do not exceed the prescribed working week. (4) The working hours of workers working continuously underground in tunnels or shafts shall include 7.—Old and Infirm Workers. crib time not exceeding 30 minutes in each shift. Notwithstanding anything elsewhere provided or (5) The time of returning to the face after firing for prescribed in this award any old and/or infirm all workers shall be determined from time to time by worker may be paid a lower rate than that prescribed a representative of the officer in charge, and the rep- by this award to be fixed by agreement in writing be- resentative of the workers. Failing an agreement, the tween the worker and the employer and to be signed matter shall be determined by the State Government by each of them not later than one week after the Medical Officer, or his nominee, and in the interim commencement of the employment of the worker at shall be determined by the officer in charge. such agreed rate. Provided that the employer shall within 14 days of the signing of such agreement forward a copy thereof to the Secretary of the Aus- tralian Workers' Union, West Australian Branch, In- dustrial Union of Workers. Provided also that the 10.—Shift Work. employer or the worker or the said union may apply (1) The ordinary working hours of workers on shift to the Board of Reference prescribed under this work shall not exceed an average of 40 per week award at any time for a review of the rate fixed and spread over a period of two, three or four weeks to be on any such review the Board of Reference may alter worked in shifts of eight hours inclusive of a crib time or vary the said rate and the decision thereon shall be of 30 minutes which shall be counted as time worked. final. (2) Definitions—for the purposes of this clause— (a) "day shift" means any shift starting at or after 6.00 a.m. and before 10.00 a.m.; 8.—Mixed Functions. (b) "afternoon shift" means any shift starting at (1) Where a worker is required to do, and does on or after 10.00 a.m. and before 8.00 p.m. any one day for a time exceeding two hours in the ag- (c) "night shift" means any shift starting at or gregate, work for which a higher rate is prescribed after 8.00 p.m. and before 6.00 a.m.; than for other work done by him on that day, he (d) "rostered shift" means a shift of which the shall be paid at not less than such higher rate for all worker concerned has had at least 48 hours' work done by him on that day. notice. (2) In all other cases where a worker does more (3) There shall be a roster of shifts which shall— than one class of work he shall be paid for each class (a) provide for rotation unless all the workers proportionately to the time he works thereat. concerned desire otherwise; (b) provide for not more than eight shifts to be worked in any nine consecutive days. 9.—Working Hours. So far as workers present themselves for work in (1) Except as in this award otherwise provided, the accordance therewith shifts shall be worked accord- ordinary weekly total hours of work shall not exceed ing to the roster. The sequence of shifts shall not be 40 per week, and shall be worked eight hours per day deemed to be broken by a holiday. continuously, except for meal breaks, Monday to (4) Starting and finishing times of shifts may be Friday inclusive, between the hours of 7.00 a.m. and fixed to suit the efficient working of the particular 5.00 p.m. Provided, however, that the spread of hours job, provided transport facilities are available or ar- herein prescribed shall not apply to the employment ranged. of cookhouse personnel, camp orderlies, shift (5) Work done by shift workers in excess of or out- workers, kettlemen employed by the Commissioner side the ordinary working hours of their shift or on a of Main Roads and watermen. shift other than a rostered shift shall be paid at the Provided, further, that work done prior to the rate of double time. spread of hours fixed in accordance with this clause This provision shall not apply to arrangements be- for which overtime rates are payable shall be deemed tween the workers themselves or in cases due to ro- for the purpose of this subclause to be part of the or- tation of shift or when the relief does not come on dinary hours of work where the ordinary hours duty at the proper time: For all time of duty after he worked within the prescribed spread of hours in any has finished his ordinary shift such unrelieved week are less than 40. worker shall be paid at the rate of time and a half for Provided further that by agreement between the the first eight hours and double time thereafter. Secretary of the union and an employer work may (6) (a) Shift workers whilst on afternoon or night commence earlier than 7.00 a.m. shifts other than a Saturday, Sunday or holidays (2) A majority of the workers concerned and their shall be paid a loading of 15 per cent extra per shift employer, with the consent of the Union Secretary, in addition to the ordinary rate for such shifts. may mutually agree upon a starting and ceasing time (b) Shift workers who work on any afternoon or between the prescribed hours. Notwithstanding any- night shift which does not continue for at least five thing contained in subclause (1) of this clause, the successive afternoons or nights shall be paid at the time worked each day and the hours of working on rate of time and a half. any particular section of work may be varied by agreement between a majority of the workers and the (c) A worker who, except at his own request, pursu- employer, with the consent of the Union Secretary, ant to subclause (3) hereof— subject to limits of nine hours' maximum in any one (i) during a period of engagement on shift, day, and 80 hours each fortnight for the purpose of works night shift only; or enabling workers to cease work early to make connec- (ii) remains on night shift for a longer period tion with transport. than four consecutive weeks; or 29521—6 2288 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

(iii) works on a night shift which does not rotate (ii) A worker called out to work on a or alternate with another shift or with day Saturday, shall be paid for a mini- work so as to give him at least one-third of mum of three hours' work calculated his working time off night shift in each shift at one and a half times the ordinary cycle; prescribed rate for each time he is so shall during such engagement, period or cycle be paid called out. Provided that the worker, at the rate of 30 per cent extra for all time worked if required to work for two hours or during ordinary working hours on such night shift. more, shall be paid for a minimum of three hours' work calculated at one (7) Workers working shifts shall be paid for ordi- and a half times the ordinary pre- nary hours of work performed between midnight on scribed rate for the first two hours Friday and midnight on Saturday at the minimum and at double the ordinary prescribed rate of time and a half. rate thereafter. (8) Workers working shifts shall be paid for ordi- (b) A worker called out to work on a Sunday nary hours of work performed on a Sunday at the shall be paid for a minimum of three rate of double time. Where shifts commence between hours for the first call and for the actual 11.00 p.m. and midnight on a Sunday the time so time worked at each subsequent call. worked before midnight shall not entitle the worker to the Sunday rate. Provided that the time worked by (4) For the purpose of computation of overtime a worker on a shift commencing before midnight on under this clause a day shall mean all the time be- the day preceding a Sunday and extending into a tween the normal commencing time of one day and Sunday shall be regarded as time worked on such the normal commencing time of the next succeeding Sunday. Where shifts fall partly on a Sunday that day, but a Saturday shall mean all the time between shift the major portion of which falls on a Sunday midnight Friday and midnight Saturday, and a shall be regarded as the Sunday shift. Sunday shall mean all the time between midnight (9) The provisions of this clause shall not apply to Saturday and midnight Sunday. cookhours personnel, camp orderlies and watermen. (5) Except as otherwise provided, double time shall be paid for all work performed on a Sunday. 11.—Notifying Worker he is not Wanted on Next (6) The provisions of this clause shall not apply to Day's Work of Shift. watermen. If a casual worker is not informed before he leaves (7) The overtime rates shall be computed on the the job at the end of his day's work or shift that he is rate applicable to the day on which the time is not required to work at the next day's work or shift, worked. Provided that double time i.e. twice the ordi- and such worker attends for the next day's work or nary rate, shall be the maximum. shift, and is not put to work, he shall in any case ex- (8) Employees in such areas as agreed between the cept bad weather be paid as for two hours' work and parties may be rostered for Standby Duty outside of shall be paid as for the day or shift unless the unem- the ordinary hours of work and, in addition to any ployment is due to circumstances beyond the em- payment due under this award for any overtime ployer's control. worked, each employee so rostered for standby duty shall be paid: 12.—Overtime. (a) three hours' pay at ordinary rates if he is (1) Except as in this award otherwise provided, all rostered on any day Monday to Friday in- time worked in excess of or outside the ordinary clusive; hours of work shall be paid for at one and a half times (b) four hours' pay at ordinary rates if he is ros- the ordinary prescribed rate for the first two hours tered on a Saturday or Sunday. and at double the ordinary prescribed rate for all (c) three hours' pay at ordinary rates plus a day time thereafter. In computing overtime, each day's in lieu if he is rostered on a holiday. work shall stand alone. (2) If a worker is required by his employer to be for any time anywhere only for the purposes of the employer in respect of the business in which the worker 13.—Rest Period—Overtime Duty. is employed, the worker shall be deemed to be on (1) When overtime work is necessary it shall, wher- duty for the employer during such time, and shall be ever reasonably practicable, be so arranged that paid at the appropriate prescribed rate for so much workers have at least 10 consecutive hours off duty or such time as is spent in work, and at the ordinary between the work of successive days. minimum rate for so much of such time as is not so (2) A worker who works so much overtime between spent. the termination of his ordinary work on one day and Provided that this subclause shall not apply to any the commencement of his ordinary work on the next time spent by a worker in the course of going to or day so that he has not had at least ten consecutive coming from any yard, camp, depot or picking up hours off duty between those times, shall subject to place of the employer, or in the course of going to a this clause, be released after completion of such place of work for the purpose of starting work, or in overtime until he has had 10 consecutive hours off the course of coming therefrom after ceasing work. duty without loss of pay for ordinary working time (3) (a) (i) A worker called out to work after occurring during such absence. If, on the instructions the expiration of his customary work- of his employer such a worker resumes or continues ing time and after he has left work for work without having had such ten consecutive hours the day on Mondays to Fridays shall off duty he shall be paid at double rates until he is re- be paid for a minimum of four hours' leased from duty for such period and he shall then be work calculated at one and a half entitled to be absent until he has had 10 consecutive times the ordinary prescribed rate for working hours off duty without loss of pay for ordi- each time he is so called out. Pro- nary working time occurring during such absence. vided that the worker, if required to work for two hours or more, shall be paid for a minimum of four hours' work calculated at one and a half 14.—Meal Interval and Allowances. times the ordinary prescribed rate for (1) If when the meal time customary in the indus- the first two hours and at double the try arrives, a worker is required to continue working, ordinary prescribed rate thereafter. and his meal interval is thereby deferred, he shall be 23rd November, 1983] W 228!

paid at the rate of time and a half for the first half- Day and Boxing Day. Provided that another day hour of such deferment and at the rate of double time may be taken as a holiday by arrangement be- for any further time elapsing until he gets a meal tween the parties in lieu of any of the days interval of the customary duration. named in the subclause. Provided that if the continuance of work is reason- (b) When any of the days mentioned in paragraph ably necessary and could not have been avoided by (a) hereof falls on a Saturday or a Sunday the holiday any reasonable action of the employer, the employer shall be observed on the next succeeding Monday shall be allowed time not exceeding twenty minutes and when Boxing Day falls on a Sunday or Monday before such penalty rate begins to accrue and 30 min- the holiday shall be observed on the next succeeding utes in the case of a powder monkey and assistant. Tuesday. In each case the substituted day shall be a (2) If a worker after working for five hours without holiday without deduction of pay and the day for a meal break does not then get a meal interval of the which it is substituted shall not be a holiday. customary duration, he shall be paid at the rate of (c) Where— double time for all time elapsing from the end of the (i) a day is proclaimed as a whole public hol- five hours until he gets such interval. iday or as a half public holiday under sec- (3) (a) A worker working overtime shall be allowed tion 7 of the Public and Bank Holidays Act, a crib time of 20 minutes without deduction of pay 1972; and after each four hours of overtime worked if the (ii) that proclamation does not apply through- worker continues work after such crib time. out the State or to the metropolitan area of Provided that where a worker is required to work the State. overtime on a Saturday the first prescribed crib time that day shall be a whole holiday or, as the case may shall if occurring between 10.00 a.m. and 1.00 p.m. be be, a half holiday for the purposes of this award paid for at ordinary rates. within the district or locality specified in the procla- (b) Unless the period of overtime is less than one mation. and a half hours other than emergency work, eg., (2) (a) Whenever any holiday falls on a worker's or- burst water mains, a worker before starting overtime dinary working day and the worker is not required to after working ordinary hours shall be allowed a meal work on such day he shall be paid for the ordinary break of 20 minutes which shall be paid for at ordi- hours he would have worked, or in the case of a piece- nary rates. worker for the work he would have performed on (c) An employer and worker may agree to any vari- such day if it had not been a holiday. ation of these provisions to meet the circumstances of (b) If any worker other than a shift worker is re- the work in hand provided that the employer shall quired to work on a holiday he shall be paid for the not be required to make payment in respect of any time worked at the rate of double time and a half. time allowed in excess of 20 minutes. Provided that in lieu of the foregoing provisions of (4) Two tea breaks of seven and a half minutes' this paragraph and subject to agreement between the duration on each day to be counted as time worked employer and the worker, work done on any day pre- shall be allowed to workers other than shift workers scribed as a holiday under this award shall be paid without deduction of pay. The employer shall fix the for at the rate of time and a half and the worker shall, time for the commencement of the tea breaks and in addition be allowed a day's leave with pay to be shall provide the necessary facilities and the labour added to his annual leave or be taken at some sub- to brew tea for the workers at the commencement of sequent date if the worker so agrees. each tea break. (3) When a worker is off duty owing to leave with- (5) A worker required to work overtime for more out pay or sickness, including accidents on or off than one-and-a-half hours without being notified on duty, except time for which he is entitled to claim the previous day or earlier that he will be so required sick pay, any holiday falling during such absence to work, shall either be supplied with a meal by the shall not be treated as a paid holiday. employer or be paid $3.20, but such payment need (4) Where a worker is on duty or available on the not be made to workers living in the locality of the whole of the working day immediately preceding a work who can reasonably return home for meals. If a holiday, or resumes duty or is available on the whole worker pursuant to notice provided a meal or meals of the working day immediately following a holiday, and is not required to work overtime or is required to as prescribed in this clause, the worker shall be en- work less than the amount of overtime advised, he titled to a paid holiday on all such holidays. shall be paid as above prescribed for meals whicb he (5) A casual worker shall not be entitled to pay- has provided but which are surplus. ment for any holiday referred to in this clause.

15.—Shortage of Material. Where work is impracticable on any day through 18.—Annual Leave. shortage of material, which shortage the employer (1) Except as hereinafter provided a period of four could reasonably have avoided, the worker shall be consecutive weeks' leave with payment of ordinary paid for the time lost in such case. wages as prescribed shall be allowed annually to a worker by his employer after a period of 12 months' 16.—Erecting and Shifting Camp. continuous service with such employer. Workers shall be paid their usual rates for all time (2) If any award holiday falls within a worker's occupied by them in erecting and/or shifting camp period of annual leave and is observed on a day which and removing plant and equipment, provided such in the case of that worker would have been an ordi- work is performed within the ordinary hours of duty; nary working day, there shall be added to that period otherwise overtime rates shall be paid. one day being an ordinary working day for each such holiday observed as aforesaid. (3) A worker may be rostered off and granted 17.—Holidays. annual leave with payment of ordinary wages as pre- (1) (a) The following days or the days observed in scribed prior to his having completed a period of 12 lieu shall, subject as hereinafter provided, be allowed months' continuous service, in which case should the as holidays, without deduction of pay, namely: services of such worker terminate or be terminated New Year's Day, Australia Day, Good Friday, prior to the completion of 12 months' continuous ser- Easter Monday, Anzac Day, Labour Day, Foun- vice, the said worker shall refund to the employer the dation Day, Sovereign's Birthday, Christmas difference between the amount received by him for WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983 wages in respect of the period of his annual leave and at the time the worker leaves the service of the em- the amount which would have accrued to him by ployer, in the event of the worker being entitled by reason of the length of his service up to the date of service subsequent to the sickness in that year to a the termination of his services. greater allowance than that made at the time the (4) (a) Subject to paragraph (b), when computing sickness occurred. the annual leave due under this clause, no deduction (2) A worker shall not be entitled to receive any shall be made from such leave in respect of the period wages from his employer for any time lost through that a worker is on annual leave and/or holidays. Pro- the result of an accident not arising out of or in the vided that no deduction shall be made for any ap- course of his employment or for any accident, wher- proved period a worker is absent from duty through ever sustained, arising out of his own wilful default, sickness, with or without pay, unless the absence ex- or for sickness arising out of his own wilful default. ceeds three calendar months, in which case deduction (3) No worker shall be entitled to the benefits of may be made for such excess only. this clause unless he produces proof satisfactory to (b) Approved periods of absence from work caused his employer of such sickness, but the employer shall through accident sustained in the course of employ- not be entitled to a medical certificate unless the ab- ment shall not be considered breaks in continuity of sence is for three days or more or unless absences of service, but the first six months only of any such less than three days total more than five days in the period shall count as service for the purpose of com- calendar year. puting annual leave. (4) A worker, if physically capable, shall within (5) If after one month's continuous service in any eight hours of the commencement of a period of ab- qualifying 12 monthly period a worker lawfully leaves sence through ill-health notify the employer of his his employment or his employment is terminated by inability to attend for duty and as far as practicable the employer through no fault of the worker, the state the nature of that ill health and the estimated worker shall be paid one third of a week's pay at his duration of the absence. ordinary rate of wage in respect of each completed (5) Sick leave shall accumulate from year to year so month of continuous service. that any balance of the perod specified in subclause (6) Any worker who may resign or be dismissed (1) of this clause which has in any year not been al- from the service for any cause other than for pecu- lowed to any worker by his employer as paid sick lation or theft, shall be entitled to receive payment leave may be claimed by the worker and, subject to for any annual leave which may have been due up to the conditions herein prescribed shall be allowed by the time of leaving the service. Provided always that his employer in any subsequent year without dimin- if the worker has been dismissed for peculation and ution of the sick leave prescribed in respect of that theft, no claim for annual leave shall be recognised. year. Misconduct herein referred to shall not affect ac- (6) This clause shall not apply where the worker is cumulated annual leave or payment therefor. entitled to compensation under the Workers' Com- (7) When work is closed down for the purpose of al- pensation Act, 1912. lowing annual leave to be taken, workers with less than a full year's service shall only be entitled to payment during such period for the number of days' 20.—Long Service Leave. leave due to them. Provided that nothing herein contained shall deprive the employer of his right to re- The conditions governing the granting of long ser- tain such workers during the close down period as vice leave to full time Government wages employees may be required. generally shall apply to workers covered by this award. (8) Workers regularly working for the Government North of South latitude 26 degrees shall be allowed to accumulate annual leave for two years, subject to 21.—Walking and Travelling Time. the convenience of the Department. Such workers (1) Where the worker has to walk between the who proceed to Fremantle and Geraldton during the place of work and the yard, camp, depot or picking period of such leave shall be allowed once in each two up place of the employer; or the nearest stopping years reasonable travelling time on the forward and place of a public vehicle if there is no picking up return journeys between the place of their employ- place, and the distance to be walked is in excess of 1.6 ment and either of the said ports. kilometres, he shall be paid for such excess at the (9) The provisions of this clause shall not apply to rate of one-third of his ordinary classified rate per casual workers. hour for each 1.6 kilometre thereof. (10) Subject to the special provisions applying to (2) Where the worker is transported between the watermen in Clause 48.—Wages "ordinary wages" for place of work and the said yard, camp, depot, picking the purpose of subclause (1) hereof shall mean the up place or nearest stopping place he shall be paid at rate of wage the worker has received for the greatest his ordinary classified rate for all time in excess of 20 proportion of the calendar month prior to his taking minutes each way spent in such transport, and such the leave. time shall be calculated on the basis of 50 kilometres (11) The annual leave prescribed in this clause per hour. may, by agreement between the employer, the em- (3) When workers are required to travel to and ployee and the union concerned, be given and taken from work in the employer's vehicle, the employer in two portions provided that no portion shall be less shall provide the vehicle with suitable seating accom- than two consecutive weeks. modation, together with a fly or other cover to This subclause shall only apply to employees of the protect the workers from the weather. Main Roads Department only. Explosives or goods or materials entailing risk to workers shall not be carried on vehicles while such 19.—Sick Leave. vehicles are being used for the conveyance of workers (1) A worker, other than a casual worker, shall be to and from the place of work. entitled to payment for non-attendance on the (4) Pokers-out on ballast train shall be paid at or- ground of personal ill health or injury for one sixth of dinary rates from the time the train leaves the camp a week for each completed month of service; provided until it returns thereto, less the time allowed for the that subject to subclause (5) of this clause payment midday meal. Provided that, in the event of the train for absence through such ill-health shall be limited to not returning to the camp within a reasonable time, two weeks in each calendar year. Payment hereunder the employer reserves the right to return the men by may be adjusted at the end of each calendar year, or trolley or other means. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2291

(5) Workers who are required to propel the trolley Such accommodation shall not be deemed satisfac- on which they ride to and from work shall travel both tory for the purpose of this subclause unless it is suf- ways in the employer's time. ficient to reasonably provide for the accommodation of the worker, his wife and any of such worker's dependants who shall be nominated by him. Any dis- 22.—Fares and Travelling Time. pute as to the accommodation provided under this Where a worker is sent from one place to another, subclause may be referred to the Board of Reference. and cannot reasonably return to his home each night, (4) Notwithstanding the provisions elsewhere pre- he shall be transported at the expense of the em- scribed in this clause, if an employer elects to provide ployer and he shall receive reasonable out of pocket full board and suitable camp lodging, the allowances expenses for meals and bed. prescribed herein shall not be payable.

23.—Fares Outside Metropolitan Area. (1) The fares of a worker proceeding for the first time from the place of engagement to work outside 25.—Camping Standards and Amenities. the metropolitan area shall be paid by the employer (1) Mess Room: In camps of 20 or more men, the who may deduct the amount thereof from such employer shall provide if requested by a majority of worker's first or later wages. workers, a separate room or rooms for messing which Provided that the amount so deducted shall be re- shall be of adequate dimensions, suitably lined and funded to the worker if he continues to work for the flyproofed. Sufficient tables and seating and ad- employer for at least two months if employed in equate heating and lighting will also be provided. Zones 1 and 2 or for at least six months if employed (2) Changing Room, Shelter Sheds and Drying in Zones 3, 4, 5 or 6, such Zones being stipulated in Conveniences: subclause (1) of Clause 47.—Special Rates and Con- (a) Where reasonably required, the employer ditions or if the work ceases sooner, for so long as the shall on each job provide a sufficiently work continues. roomy enclosed and roofed structure to en- (2) If the worker continues to work for an employer able workers to change their clothes in priv- according to the requirements as stipulated in acy. The employer shall not cause tools or subclause (1) of this clause, the employer shall, on equipment to be placed in same. termination of the worker's engagement by the em- (b) Where reasonably required, the employer ployer, except in the case of misconduct by the shall on each job provide shelter, by means worker, pay the fare of the worker back from the of sheds, tents or other like means, for the place of work to the place of engagement if the convenience of each gang on all works. The worker so desires. employer shall not cause tools or equipment to be placed in same. (c) The employer shall provide adequate ar- 24.—Camping Allowance. rangements for workers to dry their working (1) Workers who are required to camp or to live at clothes, and shall in camps supply free of the site of any work either by direction of the em- charge wash basisn, utensils and con- ployer, or because no reasonable transport facilities veniences for washing clothes. are available to enable them to proceed to and from (3) Toilet and Washing Facilities: their homes each day, shall be paid a camping allowance of $52.50 for every complete week they are (a) An adequate number of toilets shall be pro- available for work. Such weekly allowance is to cover vided. Toilet ablution and laundry blocks any fares incurred at the weekend by men travelling shall be soundly constructed and roofed away from camp to their homes and return but a with weatherproof material, the floor of each worker who is absent from duty without the em- unit shall be well drained and constructed of ployer's approval on the working day immediately concrete or of other approved hygienic ma- prior to or succeeding a weekend shall be paid as pro- terials. Every closet shall be well lighted and shall have a hinged door capable of being vided in the following sentence: fastened on the inside. If required to be in camp for less than a complete week, they shall be paid $7.10 per day, including any (b) Where possible, sewerage or septic tanks Saturday or Sunday if in camp and available for work shall be in use, all pans shall have lift up on the working days immediately preceding and suc- seats and toilet holder and toilet paper shall ceeding such Saturday and Sunday. be supplied in each cubicle together with de- odorant tablets. (2) Provided, however, when an employer at his own cost, provides the worker with a proper mess (c) As far as practicable closet accommodation room and cooks the worker's food free of charge, the shall be situated so as to be readily access- allowance provided in subclause (1) hereof shall be ible from the places where men are working reduced to $28.70 per week or $4.10 per day, as the or camping but shall be far enough away to case may be. avoid nuisance. (3) When satisfactory accommodation, other than (d) Closets shall be cleaned and disinfected at tents or huts, is made available by the employer, the least daily and maintained in a clean and allowance mentioned in subclause (1) may be hygienic condition. reduced in the case of any worker, however short his (e) Showers: Where practicable showers shall be occupation, when the camp location is fixed for a provided. Showers shall be equipped with period of six months or longer, the amount of such lattice-work duck boards, hygienic shower reduction to be agreed upon by a representative of screens, soap containers and hot and cold the employer concerned and the Union Secretary, water shall be supplied. Sufficient room and in the event of a dispute or difference, to be shall be allowed for dressing and clothes referred to a Board of Reference for determination. pegs shall be provided. An adequate number Provided that where satisfactory accommodation is of wash basins with separate water taps made available in the case of married men by the em- shall be provided. ployer, the allowance mentioned in the preceding (f) Laundry: Where it is requested by a ma- paragraph shall not be payable however short his oc- jority of workers on a job an adequate cupation of such accommodation when the camp lo- number of wash troughs and coppers, with a cation is fixed for a period of six months or longer. plentiful supply of hot and cold water and WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

tables on which to iron clothes shall be pro- (10) Camp Orderly: In camps of over 20 men a vided and where a camp is connected to camp orderly shall be provided by the employer and electricity supply, power points are to be in small camps a worker shall be provided in the em- ■supplied in the laundry area. ployer's time to carry out all necessary functions to ensure the cleanliness and hygiene of the camp and (4) Recreation Room:- In camps of 20 or more men its surroundings. where requested by a majority of workers a recreation room suitably lined, with heating, ventilation (11) Dwellings for Married Men: If application is and lighting provisions shall be supplied. The doors made for same the employer shall provide housing and windows shall be fitted with fly protection. Ad- accommodation for married workers in fixed lo- equate furniture for reading and writing purposes cations on construction works estimated to last for at shall be supplied. least three years. (12) Storage of Tools, Equipment, etc.: None of the (5) Accommodation: amenities set out in this clause shall be used for any (a) In all camps suitable accommodation shall other purpose than that proposed herein, provided be either hut accommodation or caravans. that where suitable, the mess room may be used as a Huts shall be lined, ventilated, with wooden recreation room. However, the storage of tools or floors, lockable wooden doors, and fly pro- equipment shall not be permitted in mess or rec- tection on windows and doors. The accom- reation rooms. modation shall be supplied and fitted with (13) Board of Reference: Any dispute arising over adequate lighting and heating, where practi- the application of any of the terms of this clause shall cable, together with a suitable small table, be referred in the first instance to a conference on chairs, clothes locker or chest of drawers, site between representatives of the workers and the and a bedside mat. Provided, however, local management of the camp. If no settlement is where it is impracticable for an employer to reached the dispute shall be referred to the State provide huts or cubicles- due to the nature or offices of the union and the employer within 24 the locality of the camp or the short dur- hours. Failing a satisfactory determination of the dis- . ation of the work necessitating its establish- pute within a further 48 hours either party may refer ment, the employer may in such circum- the matter to a Board of Reference constituted pur- stances provide tents with tent poles and suant to Clause 42.—Board of Reference of this suitable board floors. award. ■ (b) If a dispute arises over the provision of tents on a particular job, the question of the suitability of such accommodation shall be con- 26.—Bicycle Allowance. sidered at a conference of representatives of A worker including a patrolman, required to use the employer and the union. In the event of his bicycle in the course of his duties shall be paid an the parties failing to reach agreement, the allowance of 68 cents per day for each day on which matter shall be referred to a Board of he is required to use such bicycle. Reference. (c) In batch camps,. kitchen and dining areas shall be supplied with adequate tables and 27.—Loss of Clothing. chairs, a food cupboard with fly wire protec- The employer shall be responsible up to a maxi- tion and a cupboard for crockery, kitchen mum of $270 for a worker's clothing which may be utensils, etc., and the employer shall provide destroyed by fire in a change room or other shelter. modern cooking facilities and free supply of Provided that such destruction is not in any way fuel and fire protection apparatus. caused by a worker's act or neglect. (d) Bedding: The employer shall provide free of charge a bed, mattress and mattress cover, two blankets and a pillow, all of which shall 28.—Wet Work. be kept by the employer in a hygienic con- (1) If a worker is required to work in heavy rain he dition and replaced by him as is necessary. shall be provided with waterproof boots and ad- At the cessation of the employment the equate waterproof clothing including waterproof worker shall return the mattress,_ cover, head covering so as to protect him from getting wet. blankets and pillow in a good condition, fair (2) Rain shall be deemed to be heavy when, if the wear and tear excepted. worker works therein as required, his clothes become (6) Lighting: Where electricity is available, electric saturated. lighting shall be considered adequate lighting (3) Waterproof boots, waterproof coat and suitable throughout the camp; provided that the electric light head covering free of charge shall be supplied in such globes used are of sufficient wattage for the purpose. other cases and circumstances as the employer con- Where electric power is not available, lighting siders necessary. In the case of a dispute arising as to throughout the camp shall be by means of a portable the issue, the matter to be referred to a Board of electric unit or by L.P. gas. In small camps, a press- Reference. ure type lamp shall be deemed sufficient. (4) All waterproof clothing, headgear and boots (7) Refrigerators: In all batch camps a suitable supplied pursuant to this clause shall be fumigated number of refrigerators shall be provided. before being transferred from one worker to another. (5) The waterproof clothing, headgear and boots (8) Water and Fuel: supplied pursuant to this clause shall remain the In all camps the employer shall provide at his own property of the employer. The loss of such clothing cost an adequate supply of fuel and water. due to any cause arising out of the neglect or misuse by the worker shall be a charge against the wages of (9) Camp Area, Hygiene etc.: The surface area ad- the worker, provided that no charge shall be made in jacent to all camp buildings shall be even and level respect of reasonable wear and tear. and available for use at all times. In wet or muddy conditions dry-shod access to camp accommodation (6) Wet Places—any worker working in wet places and facilities shall be ensured, if necessary by the shall be paid an allowance of 81 cents per day or part provision of duckboards or walkways. The employer of a day provided that: shall be responsible for the cleanliness of the camp, (a) This allowance shall not be payable to the maintenance of hygiene and shall provide for the workers working on natural surfaces made thorough disinfecting of all camp facilities required. wet by rain; 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2293

(b) Where waterproof boots and/or oilskins are 34.—First Aid Attendant. provided by the employer, no claim shall be The employer shall where practicable employ a allowed under this provision for wet feet or man with first aid qualifications on all large works, clothing, but where, notwithstanding this and a person with first aid knowledge in other cir- protection and the exercise of reasonable cumstances reasonably requiring same. Any workers care by the worker, his clothing or feet be- so appointed shall be paid the following rates in ad- come wet, he shall be paid the appropriate dition to their prescribed rate:— rate for wet pay; Ten or In excess less other of ten (c) Where a worker is compelled to work in workers workers water to the thighs, he shall receive the al- per day per day lowance notwithstanding the previous para- (1) Unqualified Attendant 10 15 graph (b) of this proviso; (2) Qualified Attendant 40 65 (d) A place shall be deemed to be wet when (3) Qualified Attendant at a water other than rain is continually drop- depot 50 75 ping from overhead so as to saturate the clothing of a worker if unprotected, or when 35.—Accompanying Injured or Sick Workers. the water in the place where the worker is Where a worker is suffering from illness or injury standing is over 2.5 cm deep. sustained on the job he shall not be permitted to leave the job unless accompanied or assisted by a suf- 29.—Protective Clothing. ficient number of workers, except in the case of his (1) Overalls and gloves shall be provided for removal by ambulance, to his home, medical aid post, workers actually handling bitumen. The spray oper- or the nearest hospital. All expenses incurred in such ator shall be provided with a suitable respirator when worker's removal shall be paid by the employer. requested. Basil aprons shall be supplied to workers at kettle and/or handling drums, free of charge, by 36.—Payment in Working Hours. the employer if required. Workers shall be paid during ordinary working (2) The employer shall provide on the job, oil or hours. If they are paid during the usual meal time other suitable solvents free of charge to workers for such time so occupied shall be added to the actual the removal of tar, bitumen emulsions or similar meal time. Except in the case of railway construction preparations from their persons. workers any worker required to wait after his ordi- (3) All protective clothing supplied pursuant to nary ceasing time to receive his wages shall be paid at this clause shall be fumigated before being ordinary rates for all time kept waiting to be paid. transferred from one worker to another. 37.—Transfer from Job to Job. (4) The protective clothing supplied pursuant to this clause shall remain the property of the employer. Workers transferred by the employer from one job The loss of such protective clothing due to any cause to another on the same day shall be paid for the time arising out of the neglect or misuse by the worker spent in travelling as for time worked, and the cost of shall be a charge against the wages of the worker, such transfer shall be borne by the employer. provided that no charge shall be made in respect of reasonable wear and tear. 38.—Transport after Overtime or Shift Work. When a worker, after having worked overtime or a 30.—Deleted. shift for which he has not been regularly rostered finishes work at a time when reasonable means of 31.—Tools. trahsport are not available, the employer shall pro- The employer shall supply all necessary tools, in- vide him with conveyance to his home, camp or to the cluding masks and goggles which the worker shall re- nearest public transport. turn in good condition (fair wear and tear excepted). The loss of such equipment due to any cause arising 39.—Time Record. out of the neglect or misuse by the worker shall be a (1) The employer shall keep a record of the names charge against the wages of the worker, provided that of the workers of such employer, and, in respect of no charge shall be made in respect of reasonable wear each worker, a record of the times and class of work and tear. done and the rate of wages and amount of wages paid. 32.—Powder Monkey's Work. (2) The Branch Secretary of The Australian Workers' Union, West Australian Branch, Industrial Where explosives are used, the work of a powder Union of Workers, or an official of such union auth- monkey shall be done by a man competent for that orised in writing to that effect by such Branch Sec- work. retary shall be allowed on any day coming two days after a pay day, or at such other time as may be 33.—First Aid Outfit and Ambulance Stretcher. agreed upon, to inspect such records so far as may be The employer shall at every main place of employ- reasonably necessary to obtain information ment (including all depots) provide a sufficient first therefrom relating to any member or members of the aid box and collapsible stretcher for the use of sick or said union. injured workers and shall always keep the same in proper order. Such outfit shall consist of at least the 40.—Right of entry. following:— (1) A duly accredited official of the Australian Lotions: Boracic acid (eyewash), acriflavine Workers' Union, West Australian Branch, Industrial (0.1 per cent solution), sodium bicarbonate Union of Workers, shall have the right to enter the (solution—1 dessertspoon to 600 ml water), employer's premises, but shall not without the per- lysol, salvolatile or suitable alternative items. mission of the employer interview workers during Equipment: 2.5 cm roll bandages, 6 cm roll their working hours. bandages, 10 cm roll bandages, triangular ban- (2) A job representative appointed by the workers dages, lint, cotton wool, splints capable of being shall be allowed the necessary time during working used in 30 cm, 45 cm, 60 cm or in 75 cm lengths, hours to interview the engineer or officer in charge of one pair scissors, snake bite scarifier and per- the job on matters affecting the workers whom he manganate of potash. represents. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

41.—Preference. 3. The area within a line commencing on coast No longer in force—see section 117(1)(g) of Indus- at latitude 26; thence along latitude 26 to trial Arbitration Act, 1979. longitude 123; thence south along longitude 123 to the boundary of No. 2 District. 42.—Board of Reference. 4. The area within a line commencing on the (1) The Commission hereby appoints for the pur- coast at latitude 24; thence east to the South poses of this award, a Board of Reference consisting Australian border; thence south to the coast; of a Chairman and two other members who shall be thence along the coast to longitude 123; appointed pursuant to section 48 of the Industrial thence north to the intersection of latitude Arbitration Act, 1979. 26; thence west along latitude 26 to the coast. (2) The Board of Reference is hereby assigned the 5. That area of the State situated between the function of determining any dispute between the par- latitude 24 and a line running east from ties in relation to any matter which, under this award, may be allowed, approved, fixed, determined Carnot Bay to the Northern Territory Bor- or dealt with by a Board of Reference. der. (3) An appeal lies to the Commission in Court 6. That area of the State north of a line Session against any determination, decision or running east from Carnot Bay to the North- finding of the Board as prescribed in regulation 16 of ern Territory Border. the Industrial Arbitration Act (Western Australian (3) The weekly allowance payable to workers in the Industrial Commission) Regulations 1980. districts of the State described in subclause (2) of this clause are as follows: 43.—Owner Drivers. Column "A" Persons driving vehicles owned by them and hired District $ to the employer shall be deemed "workers" so far as 1 Nil wages and any conditions which are reasonably applicable to them are concerned. The matter of the hiring 2 4.80 of the vehicle is to be left entirely between the owner 3 6.80 and the employer. Should any owner driver be dissat- 4 10.70 isfied with the rate fixed by the local engineer or 5 21.40 officer in charge for the hire of his vehicle, such per- 6 26.20 son shall have an appeal to the Board of Reference Provided that the allowances prescribed in Column appointed under this award. "A" shall operate from the beginning of the first pay period commencing on or after 1st January, 1982. 44.—Van for Plate Laying. (4) Workers employed in the towns shown The employer shall provide a van for conveying hereunder in the districts referred to in subclause (2) plate layers to and from work. of this clause shall be paid the following allowances in lieu of the rates prescribed in subclause (3) of this clause. 45.—Rail and Sleeper Lifting and Dolly. District Town Column Not less than eight, 10 or 12 men shall be allowed "A" in actually lifting 27, 36 or 40.5-45 kg rails of standard length respectively. 1. Nil Nil On any dolly exceeding 12.5 kg two men shall be 2. Kalgoorlie 1.60 employed. Ravensthorpe 6.40 On railway construction work not less than four Norseman 6.40 men shall handle crossing sleepers. Salmon Gums 6.40 Marvel Loch 6.40 Esperance 6.40 46.—Use of Own Conveyance. 3. Meekatharra 10.70 When a worker, at the employer's direction uses Mount Magnet 10.70 any kind of conveyance of his own in travelling in the Wiluna 10.70 employer's service, the amount of hire payable shall Laverton 10.70 be the normal rate which the employer ordinarily Leonora 10.70 pays in that district. Cue 10.70 4. Warburton Mission 28.80 47.—Special Rates and Conditions. Carnarvon 10.20 (1) District Allowance. 5. Fitzroy Crossing 28.80 Halls Creek 28.80 (1) Workers employed in the districts of the State Turner River Camp 28.80 described in subclause (2) of this clause shall be paid Nullagine 28.80 the allowance prescribed for that district. Abydos Research Station 26.70 (2) The boundaries of the districts shall be: Liveringa (Camballin) 26.70 District: Marble Bar 26.70 1. The area within a line commencing on coast; W ittenoom 26.70 thence east along latitude 28 to a point Port Hedland 23.20 north of Tallering Peak; thence due south to 6. Nil Nil Tallering Peak; thence south-east to Mt. Provided that the allowances prescribed in Column Gibson and Burracoppin; thence to a point "A" shall operate from the beginning of the first pay south-east at the junction of latitude 32 and period commencing on or after 1st January, 1982. longitude 119; thence south along longitude \ 119 to coast. (5) (a) A married male worker whose spouse is not 2. That area within a line commencing on the employed by the Government shall be paid double south coast at longitude 119; thence east the weekly allowance expressed herein for the district along the coast to longitude 123; thence or town in which he is employed. north along longitude 123 to a point on lati- (b) A worker, other than a married male worker tude 30; thence west along latitude 30 to the who supplies proof that he or she is the main support boundary of No. 1 District. of relatives or dependants resident within the State 23rd November, 1983] W 2295

shall be paid double the weekly allowance expressed chambers and suction chambers on sewerage herein for the district or town in which he or she is pumping stations and in deragging of sewerage employed. pumps. (c) Provided that until the beginning of the first (6) Pesticides. pay period commencing on or after 1st July, 1980 the (a) An employer who requires a worker to use a allowance referred to in this subclause shall be 150 pesticide shall: per cent of the weekly allowance in lieu of the double (i) inform the worker of any known health haz- allowance prescribed herein. ards involved; and (d) In no circumstance shall the weekly allowances (ii) ascertain from the Department of Health paid to a married couple by Government employers and Medical Services whether and, if so, exceed double the allowance prescribed herein nor be what protective clothing or equipment less than that amount. should be worn during its use. (6) The rates of allowance prescribed herein shall (b) Pending advice from that Department the em- be adjusted every 12 months in accordance with vari- ployer may require the pesticide to be used if he in- ations in the "Consumer Price Index" for Perth for forms the worker of any safety precautions specified the period ending 31st December each yer. The ad- by the manufacturer of the pesticide and instruct the justment to the rates shall be effective from the beginning of the first pay period to commence on or worker to follow those precautions. after the 1st day of January in each year. (c) The employer shall supply the worker with any protective clothing or equipment required pursuant (7) Where a worker is on annual leave, he shall be to paragraph (a) or (b) and where necessary, instruct paid for the period of such leave the district allow- him in its use. ance to which he would ordinarily be entitled. (d) A worker required to wear protective clothing (8) Where a worker is on long service leave or other or equipment for the purposes of this subclause shall approved leave with pay (other than annual leave) he be paid 33 cents per hour or part thereof while doing shall only be paid district allowance for the period of so unless the union and the employer agree that by such leave he remains in the district in which he is reason of the nature of the protective clothing or employed. equipment the worker does not suffer discomfort or (9) Liberty is reserved to the Union to make appli- inconvenience while wearing it, or, in the event of cation to amend this clause with respect to towns disagreement, the Registrar so determines. which attract allowances different from that applying (e) An allowance is not payable under this generally to that district. subclause if the Department of Health and Medical (10) Nothing in this clause shall operate so as to Services advises the employer in writing that protec- reduce the district allowance being paid at the date tive clothing or equipment is not necessary. of this order to any worker. (7) Shotfirers Allowance. (11) Where a worker is provided with free board An employee being a permit holder, responsible for the lodging by the employer the allowances pre- the proper handling of explosives and the conducting scribed herein shall be reduced to two-thirds of the of firing shall be paid an allowance of $2.80 per shift. full allowance. (2) Underground Allowance. 48.—Wages. A worker required to work underground shall be paid The minimum rate of wage per week payable to an amount of $1.14 per day or shift in addition to any workers under this award shall be as follows: other amount prescribed for such worker elsewhere Column A—First Year of Service in this award. Column B—Second Year of Service Where a shaft is to be sunk to a depth greater than Column C—Third and Subsequent Years of Ser- six metres, the payment of the underground allow- vice ance shall commence from the surface. This allowance shall not be payable to workers en- PART 1—General Workers: gaged upon "cut and cover" work at a depth of 3.6 "A" "B" "C" metres or less or to workers in trenches or $ $ $ excavations. Grade 1—Construction and "Shaft" means an excavation over 1.8 metres deep Maintenance Worker Grade 1 with a cross sectional area of less than 13.8 square comprehends the following metres. classes of work 234.40 237.20 240.00 Axeman as defined. (3) Confined Space Allowance. Butumen Hand. Workers engaged on one or more of the operations Bulldozer attendant. of tarring, scraping, brushing or cleaning cast iron or Hand crosscut sawyer. steel pipes shall: Hand dollying stump piles in (a) if required to work wholly within the pipe be trenches. paid an allowance of 66 cents for each hour Labourers not elsewhere speci- or part of an hour whilst so engaged. fied. (b) subject to paragraph (a) when operating by Maintenance man, irrigation hand on the inside of pipes be paid an allow- and drainage, first three ance of 33 cents for each hour or part of an months' experience. hour whilst so engaged. Metal or gravel spreader. Picking up man (when working (4) Explosive Powered Tool Allowance. under the direction of the A worker operating explosive powered tools shall straight-edge man). be paid an additional 60 cents for each day on which Pipe setters attendant as de- he uses such tools. fined. Placing stone in foundations. (5) Offensive Sewerage Work Allowance. Planer. An allowance of $1.96 per day shall be paid to all Pug Worker. workers, other than general sewerage maintenance Pump attendant. men who come in contact with filth during the oper- Rodding out new unused reation of cleaning out septic tanks, sand pits, ripple ticulation sewers. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

"A" "B" "C" Operator pneumatic pick. $ $ $ Operator power saw—non portable. Scarifier. Operator waggon drill. Scoopman. Reinforcement worker. Sculling laths. Hydraulics, materials and soils Stone cracker feeder. tester. Stone knapper on roads. Splicer. Stone pitcher. Tipman, Main Roads. Tallyman. Tubular steel scaffold erector. Timberman's assistant. Timber stacker. Tipman. Water binder. Well sinker to a depth of six PART 2—Classified Workers. metres. "A" "B" "C" Grade 2—Comprehends the No. Classification $ $ $ following classes of work 236.20 239.00 241.80 Assistant to leading mainten- (1) Axeman falling hard- ance man. wood timber for con- Batterman or trimmer as destruction purposes 251.70 254.50 257.30 fined. (2) Bitumen tanker at- Braceman as defined. tendant 251.70 254.50 257.30 Brush hand or spray operator. (3) Patrolman—irrigation Camp attendant. and drainage 251.70 254.50 257.30 Can man. (4) Pipe jointer—sewer- Chain man. age or drainage as de- Cut and cover man as defined. fined 251.70 254.50 257.30 Diamond drillers assistant. Picking up man (when not (5) Pump attendant working under the direction (motor) on pumps of the straight-edge man). unwatering trenches Pipe fitter—screwed pipes. or excavations includ- Pipe layer—culverts. ing attendant during Pipe layer—rubber jointed lunch hour 251.70 254.50 257.30 pipes. (6) Pumpcrete operator Screeder. as defined: Snapman, on deep bore. Up to and including Spaller. 150 mm First six Steel plate tank assembler. months' experi- Straight-edge man. ence 251.70 264.50 257.30 Timber cutter as defined. (7) Power driven port- Well sinker over a depth of six able saw operator 252.10 254.90 257.70 metres or where exolosives are used. (8) Vermin and noxious weeds controller 252.10 254.90 257.70 Grade 3—Comprehends the following classes of work 250.90 253.70 256.50 (9) General Sewerage Maintenance man 253.60 256.40 259.20 Barring down in quarries. Bottom man as defined. (10) Rock drill machine Chainman picking up and re- man 253.60 256.40 259.20 cording sewerage junctions. (11) Service layer—water Compressor man in charge. supply construction.... 253.60 256.40 259.20 Concretor as defined. (12) Bitumen tanker at- Crane chaser. tendant in charge 253.60 256.40 259.20 Erecting rock countour walls. Erecting rock irrigation regu- (13) Pipe setter—pump- lation structures. ing main-sewerage or Fencer as defined. drainage 258.00 260.80 263.60 Handling wore rope and blocks (14) Driller deep bore snagging. under supervision 258.00 260.80 263.60 Hammerman, gadman or (15) Drill sharpener 258.00 260.80 263.60 drillman. (16) Pumpcrete Operator Handyman storeman. as defined: Kerb and gutter layer. Up to and including Lead potman or caulker. 150 mm After six Maintenance Man Irrigation months' experi- and Drainage after three months' experience. ence 258.00 260.80 263.60 Operator concrete mixing (17) Pumpcrete Operator machine—power driven. as defined: Operator hand roller vibrator. Over 150 mm first Operator internal concrete vi- six months' ex- brator compactor. perience 258.00 260.80 263.60 Operator jackhammer. (18) Saw Sharpener 258.00 260.80 263.60 Operator mechanical rammer. (19) Sanitary man 258.00 260.80 263.60 Operator pneumatic clay dig- ger. (20) Hoist or winch driver. 260.00 262.80 265.60 Operator pneumatic concrete (21) Trowel hand or Ten- paving breaker. derer 260.00 262.80 265.60 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2297

"A" "B" "C': "A" "B" "C" (22) Powder Monkey 260.00 262.80 265.60 Assistant Cook Wage per week (23) Concrete weight inclusive of loading for batching operator non broken work periods 290.70 293.50 296.30 portable 260.00 262.80 265.60 Cook's Offsider Wage per week (24) Manhole builder 260.00 262.80 265.60 inclusive of loading for (25) Axeman falling for broken work periods 285.20 288.00 290.80 milling purposes 262.50 265.30 268.10 Additional rates for weekend (26) Machine borer— and holiday work— drilling and blasting plant as defined 262.50 265.30 268.10 Cookhouse personnel cooking (27) Pipe setter—con- on a Saturday and/or a crete, stoneware or Sunday shall be remuner- earthenware pipes 262.50 265.30 268.10 ated as follows:— (28) Timberman as de- (1) When cooking for three or more men re- fined 262.50 265.30 268.10 quired by the employer to work on a (29) Timberman tim- Saturday and/or a Sunday:— bering in trenches im- Time and a half of one-fifth of the weekly mediately behind loaded rate prescribed. power excavator 262.50 265.30 268.10 (30) Storeman 261.20 264.00 266.80 (2) When cooking for men in circumstances not (31) Rigger and Splicer 264.70 267.50 270.30 covered by paragraph (1) hereof or when (32) Leading Maintenance cooking for men not required by the em- man in charge of driv- ployer to work on a Saturday and/or ing truck as de- Sunday:— fined 264.70 '267.50 270.30 (33) Pumpcrete operator (a) When cooking for eight men or less as defined: (including the cook)— Over 150 mm After One fifth of the weekly loaded rate six months' ex- prescribed per day. perience 264.70 267.50 270.30 (b) When cooking for more than eight (34) General Sewerage men— maintenance man who drive a truck in Time and a half of one-fifth of the the course of their • weekly loaded rate prescribed. duties 264.70 267.50 270.30 Provided that cookhouse personnel (35) Diamond Driller 264.70 267.50 270.30 shall not be paid under this para- (36) Driller deep bore hole graph when cooking for themselves not under supervision • 264.70 267.50 270.30 only. (37) Senior storeman M.R.D. & Mines (3) When cooking on a holiday: Cookhouse per- Dept 281.20 285.10 288.50 sonnel required to work on a holiday shall be (38) Broad Axeman 271.40 275.30 278.70 paid therefore at the rate of double of one- fifth of the above prescribed weekly loaded rates.

PART 3—Pile Driving.

(1) Pile frame hand 250.90 253.70 256.50 (2) Topman 263.60 256.40 259.20 PART 6—Railway Construction. (3) Man in Charge 264.70 267.50 279.30 "A" "B" "C" $ $ $ (1) Railway Construction Worker, Grade 1 234.40 237.20 240.00 PART 4—Pile Driving—Irrigation and Drainage. (2) Railway Construction Wroker Grade 2 Com- "A" "B" "C" prehends the follow- $ $ $ ing classes of work 236.20 239.00 241.80 (1) Pile frame hand 236.20 239.00 241.80 Camp Orderly. (2) * Topman 250.90 253.70 256.50 Crowman. * Liberty is reserved to either party in the Fastener. case of a major construction job. Fisher Up. Leverman. Linker in. Plate layer. Ratcher borer. PART 5—Cookhouse Personnel. Squinter rail press. Cookhouse personnel shall be engaged by the week Worker cutting or and shall be paid the wage rate and loading pre- breaking rail. scribed hereunder for his classification: Machine Operators on track or in depot (other than jack- Head Cook Wage per week in- hammerman or clusive of loading for broken pneumatic hammer work periods 300.80 303.60 306.40 operator). 2298 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

"A" "B" "C" "B" "CT (3) Comprehends the fol- 6 tonnes and over but lowing classes of work 250.90 253.70 256.50 under 7 tonnes 284.30 287.10 289.90 Adzeman, hand. 7 tonnes and over but Fastener to gauge. under 8 tonnes 285.10 287.90 290.70 Fisher up with 8 tonnes and over but square. Jack-ham- under 9 tonnes 285.70 288.50 291.30 merman or pneu- 9 tonnes and over but matic hammer op- under 10 tonnes 286.20 289.00 291.80 erator. 10 tonnes and over Man in charge of but under 11 tonnes 287.00 289.80 292.60 mechanical plant 11 tonnes and over operating on track but under 12 tonnes 287.70 290.50 293.30 or in depot. 12 tonnes and over but under 13 tonnes 288.20 291.00 293.80 (4) Squinter, platelaying 13 tonnes and over gang 258.00 260.80 263.60 but under 14 tonnes 289.10 291.90 294.70 (5) Ganger: 14 tonnes and over (a) Platelaying but under 15 tonnes 289.80 292.60 295.40 and lifting 296.80 300.70 304.10 15 tonnes and over (b) Ballast 292.80 296.70 300.10 but under 16 tonnes 299.10 303.00 306.40 (c) Telephone 294.30 298.20 301.60 16 tonnes and over but under 17 tonnes 299.70 303.60 307.00 17 tonnes and over but under 18 tonnes 300.10 304.00 307.40 PART 7—Road Lining Gang and Road Maker. 18 tonnes and over but under 19 tonnes 301.10 305.00 308.40 19 tonnes and over (1) Overseer 306.70 310.60 314.00 but under 20 tonnes 301.70 305.60 309.00 (2) Road Liner Driver 276.90 279.70 282.50 20 tonnes and over (3) Road Liner Operator.. 272.00 274.80 277.60 but under 21 tonnes 302.20 306.10 309.50 (4) Road Marker 272.00 274.80 277.60 Driver of motor vehicle (not being tractor) drawing a trailer. For a loaded PART 8—Bitumen Gang, Main Roads Department. single-axle trailer, $1.12 per day extra, "A" "B" "C" or for any empty $ $ $ single-axle trailer (1) Bitumen Sprayer 63 cents per day Driver 276.90 279.70 282.50 extra. For any other (2) Bitumen Sprayer Op- loaded trailer $1.45 erator 272.00 274.80 277.60 per day extra, or for (3) Bitumen Tanker At- any other empty tendant in Charge 268.60 271.40 274.20 trailer 80 cents per (4) Bitumen Tanker At- day extra tendant 264.60 267.40 270.20 (5) Cockerill Spreader (2) Driver of Articulated Operator 264.60 267.40 270.20 Vehicle— (6) Precoating Machine Not exceeding 9 Operator 258.40 261.20 264.00 tonnes capacity 289.20 292.00 294.80 9 tonnes and over but under 10 tonnes 290.10 292.90 295.70 10 tonnes and over PART 8A—Road Cleaner Operators Main Roads De- but under 11 tonnes 290.50 293.30 296.10 partment. 11 tonnes and over "A" "B" "C" but under 12 tonnes 299.80 303.70 307.10 $ $ $ 12 tonnes and over Operator Road Cleaner but under 13 tonnes 300.80 304.70 308.10 above 50 kw brake 13 tonnes and over power 273.00 275.80 278.60 but under 14 tonnes 301.70 305.60 309.00 14 tonnes and over but under 15 tonnes 302.00 305.90 309.30 15 tonnes and over PART 9—Motor Transport Operators but under 16 tonnes 302.40 306.30 309.70 To apply from the first pay period commencing on 16 tonnes and over or after 9th September, 1982. but under 17 tonnes 302.80 306.70 310.10 "A" "B" "C" 17 tonnes and over $ $ $ but under 18 tonnes 304.00 307.90 311.30 (1) Drivers of Motor Ve- 18 tonnes and over hicles: but under 19 tonnes 304.30 308.20 311.60 Not exceeding 1.2 19 tonnes and over tonnes capacity 277.00 279.80 282.60 but under 20 tonnes 305.00 308.90 312.30 Exceeding 1.2 tonnes 20 tonnes and over but not exceeding 3 but under 21 tonnes 305.50 309.40 312.80 tonnes capacity 280.00 282.80 285.60 21 tonnes and over Exceeding 3 tonnes but under 22 tonnes 306.20 310.10 313.50 but under 6 tonnes 22 tonnes arid over capacity 283.70 286.50 289.30 but under 23 tonnes 307.00 310.90 314.30 23rdNovember, 1983J WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

"A" "B" "A" "B" "C" $ $ $ 23 tonnes and over (4) A worker who, in the but under 24 tonnes 307.30 311.20 314.60 course of his employ- 24 tonnes and over ment, drives a vehicle but under 25 tonnes 307.80 311.70 315.10 with self-loading 25 tonnes and over equipment which re- but under 26 tonnes 308.50 312.40 315.80 quires the possession 26 tonnes and over of a certificate of but under 27 tonnes 309.40 313.30 316.70 competency shall be 27 tonnes and over paid an extra $6.00 but under 28 tonnes 310.00 313.90 317.30 per week. 28 tonnes and over (5) Driver of Fork Lift: but under 29 tonnes 310.30 314.20 317.60 29 tonnes and over Up to and including but under 30 tonnes 310.90 314.80 318.20 4 500 k 282.60 285.40 288.20 30 tonnes and over Over 4 500 kg 285.50 288.30 291.10 but under 31 tonnes 311.90 315.80 319.20 PART 10—Mechanical Equipment. 31 tonnes and over Group 1 253.80 256.60 259.40 but under 32 tonnes 312.40 316.30 319.70 32 tonnes and over (a) Operator lance type hand sprayer but under 33 tonnes 313.00 316.90 320.30 (b) Operator aggregate 33 tonnes and over 313.70 317.60 321.00 dryer. (3) Driver of Machinery (c) Operator Pre-mix Float— drag spreader. Not exceeding 9 (d) Operator aggregate tonnes capacity 301.00 304.90 308.30 belt spreader. 9 tonnes and over but (e) Operator of joint in- under 10 tonnes 301.30 305.20 308.60 serting machine. 10 tonnes and over (f) Operator concrete but under 11 tonnes 302.10 306.00 309.40 spray curing machine, 11 tonnes and over self propelled. but under 12 tonnes 302.50 306.40 309.80 (g) Operator pneumatic 12 tonnes and over tyred tractor without but under 13 tonnes 303.00 306.90 310.30 power operated at- 13 tonnes and over tachments, up to and but under 14 tonnes 304.10 308.00 311.40 including 15 kw net 14 tonnes and over engine power. but under 15 tonnes 304.60 308.50 311.90 (h) Operator cockerill 15 tonnes and over spreader. but under 16 tonnes 305.20 309.10 312.50 (i) Operator mobile 16 tonnes and over screen crushing plant. but under 17 tonnes 305.60 309.50 312.90 (j) Operator pre-coating 17 tonnes and over machine. but under 18 tonnes 306.50 310.40 313.80 (k) Operator road cleaner 18 tonnes and over up to 25 kw brake but under 19 tonnes 307.10 311.00 power. 19 tonnes and over (1) Operator wood chip- but under 20 tonnes 307.50 311.40 314.80 per. 20 tonnes and over Group 2 257.90 260.70 263.50 but under 21 tonnes 308.10 312.00 315.40 (a) Operator crawler 21 tonnes and over tractor without power but under 22 tonnes 309.10 313.00 316.40 operated attachments 22 tonnes and over up to and including but under 23 tonnes 309.60 313.50 316.90 Class M4. 23 tonnes and over (b) Operator crawler but under 24 tonnes 310.10 314.00 317.40 tractor with power 24 tonnes and over operated attachments but under 25 tonnes 310.70 314.60 318.00 up to and including 25 tonnes and over class M2. but under 26 tonnes 311.10 315.00 318.40 (c) Operator pneumatic 26 tonnes and over tyred tractor without but under 27 tonnes 312.10 316.00 319.40 power operated at- 27 tonnes and over tachments above 15 but under 28 tonnes 312.70 316.60 320.00 kw up to and includ- 28 tonnes and over ing 60 kw net engine but under 29 tonnes 313.30 317.20 320.60 power. (This includes 29 tonnes and over tractor tilting or one but under 30 tonnes 313.80 317.70 321.10 man hitch trailer.) 30 tonnes and over (d) Operator pneumatic but under 31 tonnes 314.50 318.40 321.80 tyred tractor with 31 tonnes and over power operated at- but under 32 tonnes 315.20 319.10 322.50 tachments below 15 32 tonnes and over kw net engine power. but under 33 tonnes 315.70 319.60 323.00 (e) Operator rear and 33 tonnes and over buttom dump up to but under 64 tonnes 316.50 320.40 323.80 and including 2 cubic 64 tonnes and over metres struck capa- but under 65 tonnes 334.90 338.00 342.20 city. 2300 W

"A" "B" "C" "A" "B" "C" $ $ $ $ $ $ (f) Operator back hoe (h) Operator rear and self powered (not self bottom dump of ca- propelled). pacity greater than 2 cubic metres up to (g) Operator roller pow- and including 15 ered, under 8 tonnes. cubic metres struck (h) Operator roller pow- capacity. ered, vibrating under 4 tonnes. (i) Driver of bitumen (i) Operator roller pow- sprayer. ered, vibrating Small (j) Operator asphalt Ditch-Witch type. paver. (j) Operator bitumen (k) Mixer operator, as- sprayer. phalt plant (capacity (k) Screened Operator, of more than 10 Asphalt plant. tonnes of hot mix per (1) Mixer operator, as- hour). phalt plant (capacity (1) Operator of concrete of less than 10 tonnes paver. of hot mix per hour). (m) Operator roadroller, (m) Operator concrete powered, 8 tonnes and spreader, powered, up to 25 tonnes. self propelled. (n) Operator concrete fin- (n) Operator roadroller, isher, powered, self powered, vibrating 4 propelled. tonnes and over. (o) Operator concrete fin- (o) Operator crawler isher powered, hand loader up to and in- propelled. cluding 5 000 kg mass (p) Second driver—navvy (see note 3). and dragline or (p) Operator pneumatic dredge type exca- tyred loader up to and vator. including 30 kw net (q) Operator road cleaner engine power. over 25 kw to 50 kw brake power. Group 4 270.80 273.60 276.40 Group 3 264.10 266.90 269.70 (a) Operator crawler tractor without power (a) Operator crawler operated attachments tractor without power above Class M10 up operated attachments to and including Class Class M5 up to and M30. including Class M10. (b) Operator crawler (b) Operator crawler tractor with power tractor with power at- operated attachments tachments above Class M3 up to and Class M5 up to and including Class M5. including Class M15. (c) Operator pneumatic (c) Operator grader tyred tractor without power operated below power operated at- 35 kw net engine tachments above 60 power. kw up to and includ- (d) Operator trenching ing *150 kw engine machine ladder type, power. depth greater than 1.5 (d) Operator pneumatic metres up to 2.4 tyred tractor with metres and width power operated at- above 300 mm up to tachments above 15 450 mm and bucket kw up to and includ- wheel trencher with ing 60 kw net engine equivalent capacity in power (not including cubic metres per tilting or one man hour. hitch trailer). (e) Operator pneumatic (e) Operator drawn tyred tractor with grader. power operated at- (f) Operator trenching tachments above 60 machine, chain type kw up to and includ- up to and including ing 150 kw net engine 1.5 metres or up to power. and including 300 mm (f) Operator self powered width. scraper up to and in- (g) Operator pile driver cluding 10 cubic (power operated metres struck ca- winch). pacity. 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2301

"A" "B" "C"

(g) Operator rear and (h) Operator pneumatic bottom dump above tyred loader above 15 cubic metres 105 kw up to and in- struck capacity up to cluding 200 kw net and including 30 engine power. cubic metres struck Group 6 288.40 292.30 295.70 capacity. (a) Operator grader (h) Operator pneumatic power operated above tyred tractor without 75 kw up to and in- power operated at- cluding 190 kw net tachments above 150 engine power. kw up to and includ- (b) Operator pneumatic ing 500 kw net engine tyred loader above power. 200 kw up to and in- (i) Operator crawler cluding 500 kw net loader above 5 000 kg engine power. mass up to and in- (c) Operator excavator cluding 1 500 kg mass above 2.25 cubic (see note 3). metres. (j) Operator pneumatic Note 1: Tractors are classified in accordance with tyred loader above 30 the proposed Australian Standard see A.S. 1451 Met- kw up to and includ- ric Classification for tractors, by weight as follows: ing 105 kw net engine Shipping Mass power. Class Over (kg) Up to and (k) Operator road roller, including powered over 25 M2 2 000 tonnes. M3 2 000 3 000 Group 5 283.20 287.10 290.50 M4 3 000 4 000 (a) Operator crawler MS 4 000 5 000 tractor with power M7 5 000 7 000 operated attachments M10 7 000 10 000 above Class M15, up M15 10 000 15 000 to and including M30. M20 15 000 20 000 M25 20 000 25 000 (b) Operator grader M30 25 000 30 000 power operated 35 kw M35 30 000 35 000 up to and including M40 35 000 40 000 70 kw net engine M50 40 000 50 000 power. (c) Operator pneumatic 2. The classification of pneumatic tyred tractors tyred tractor with and pneumatic tyred loaders are based on the pro- power operated at- posed Australian Standard for Metric Tractor Classi- tachments above 150 fication. kw up to and includ- 3. Crawler tractor front-end loaders are to be ing 70 kw net engine classified by using the mass of the tractor including power. the loader attachment in lieu of the bare shipping (d) Operator self powered mass. scraper above 10 4. Self propelled rollers are classified by mass com- cubic metres struck plete including maximum ballast. capacity up to and including 20 cubic 5. Mobile cranes constructed as an attachment to metres struck ca- or modification of a tractor, fall into the appropriate pacity. group for the tractor with power operated attachments. (e) Operator trenching machine ladder type, 6. Tractors without power operated attachments greater than 2.4 includes tractors: metres depth and (i) with power operated attachments not in use; minimum 450 mm and width bucket wheel (ii) with items which, although they have a trencher equivalent in power unit of their own, are not controlled cubic metres per by the operator of the tractor except for hour. starting and stopping (for example, Drawn (f) Operator rear and Vibrating Roller). bottom dump above 30 cubic metres _ 7. Backhoe when attached to a tractor shall be con- struck capacity up to sidered as a power operated attachment to the and including 60 tractor. cubic metres struck 8. Reference to bituminous surfacing equipment or capacity. materials include tar, sprayed work and hot mix (g) Operator crawler work. loader above 9. "Road Cleaner" includes water flusher driver, 15 000 kg mass up to street cleaning machine operator and auto educator and including driver. The brake-power referred to in this part for 30 000 kg mass (see Road Cleaners shall relate only to the prime motive note (3)). engine of the vehicle. 2302 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

PART 11—Gangers and Overseers. "General sewerage maintenance man" means a Gangers appointed as such by the employer shall worker employed on the following work:— be paid in accordance with the following grades: Sewers— "A" "B" "C" (1) Cleaning out and washing down manholes. $ $ $ (2) Sighting along and clearing blockages in sewers by rodding, flushing or scraping, in- Grade 5 273.60 277.50 280.90 cluding use of tackle. Grade 4 285.80 289.70 293.10 GradeS 289.10 293.00 296.40 (3) Removing sand and debris from the sewers Grade 2 292.80 296.70 300.10 through manholes. Grade 1 296.80 300.70 304.10 (4) Repairing and replacing broken pipes and Special 300.10 304.00 307.40 fittings, altering manholes and other appur- Overseers (Main Roads tenances and doing necessary excavation Dept) 306.70 310.60 314.00 and refilling incidental thereto. (5) Doing repair work ^ generally of fittings, plant, sewers and drains. PART 12—Leading Hands. Pumping and Ejector Stations— Leading Hands, appointed as such by the em- (1) Reading electric meters at sewerage ployer, shall be paid $1.75 per day or shift in addition pumping stations and ejector stations and to the rate prescribed for the work being performed entering the number of units used and gal- by such leading hands. lons pumped into a running sheet, daily. (2) Keeping all stations in a clean condition and attending to general running maintenace, PART 13.—Industry Allowance. including attending to pump glands, greasing, changing oil in air compressors, In addition to the rates prescribed in this clause a flushing pumps, deragging pumps, cleaning worker shall be paid an allowance at the rate of suction wells, and cleaning ejector pots; $11.40 per week to compensate for the disabilities as- making notes of any breakdown on log sheet sociated with the industry. and reporting to officer in charge any breakdown of plant and machinery. Sewerage Treatment Works—Attending to 49.—Definitions. maintenance and operation of sewage treatment "Axeman (Grade 1)" means a worker sapping fall- works with sedimentation tanks, grit chamber, ing, lopping or grubbing where the major portion of Imhoff tanks, sludge digestion tanks, sludge dry- the bush to be cut is less than twleve inches in diam- ing beds, humus tanks, filtration units and hold- eter. ing tanks; keeping all tanks clean, cleaning "Batterman or Trimmer" means a worker finally screen, cleaning out pipes or channels, skimming trimming off the slopes of cuttings, channels, banks tanks, breaking up the sludge blanket in di- or excavations. gesters, attending to work in connection with the "Bottom man" means a worker in the bottom of a sludge drying beds and performing all other trench or excavation, other than a shaft, excavating, work necessary for the efficient operation of the toeing laths, knocking down sets, but does not in- system, including the operating of machinery. clude workers working in untimbered excavations on Rising Mains—-Attending to the maintenance low level pumping stations. of rising mains whether in excavated ground or "Braceman" means a worker engaged upon the above natural surface. Generally assisting as di- brace of a shaft looking after safety of men under- rected in any work necessary to the efficient ground, and the securing of material going below, and maintenance of a sewerage scheme. the hauling, landing and tipping of mullock and other "Leading maintenance man in charge of driving material. truck" means a worker whose duties include service "Capacity" shall mean the maximum load the ve- laying, meter reading, installing and removing hicle is permitted to carry in accordance with the li- meters, oiling meters, stopping leaks in mains or ex- cence issued in connection therewith under the tensions, and keeping the time of, and directing not traffic Act. more than three maintenance men, and includes any "Concretor" means a worker operating mechanical worker in charge of a section of any water main or ex- appliances for handling, weighing and mixing dry and tension thereof. wet concrete components, engaged in filling in gauge, "Machine borer" means a worker who uses mixing on the board, or machine mixing, wheeling machines driven by hydraulic, electric, compressed from the board, or packing concrete, or trucking con- air or other power to wet-bore holes for explosive crete in a tunnel, or distributing and packing con- charges in shaft or trench sinking or tunnelling with crete inside of box or forming. hand or machine rigged drills. He must, when re- "Cut and cover man" means a worker— quired, decide the best location and depth of holes to be bored with a view to the economy and safety of the (1) engaged in sinking cuts; operation. (2) holing through in cuts with or without the "Officer in Charge" means the engineer or other use of steel shields; officer appointed by the engineer controlling any (3) removing horizontal box or vertical tim- specific work. bering whilst packing or refilling cuts. "Pipe jointer" means a worker who joints concrete "Cut and cover work" means excavation by a or stoneware pipes with cement mortar. method in which series of vertical holes are sunk up to a depth of twenty feet with horizontal holes exca- "Pipe setter" means a worker who sets pipes in vated between, where the distance between the verti- sewerage or drainage works to line and grade. cal holes is not greater than eight feet measured from "Pipe setter's assistant" means any worker actually the nearest side of the open cut to that of the adjac- engaged assisting the pipe setter in laying concrete ent one. pipes twelve inches diameter or over. "Fencer" means a worker erecting fencing with ma- "Pipe setter's attendant" means a worker engaged terial other than sawn timber such as post and rail or mixing mortar and supplying mortar, pipes, or other wire fencing. material to the pipe setter or jointer. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

"Pump crete operator" means a worker who shall 21. Definitions. be responsible for the operation of the concrete pump 22. Shiftwork. and remixer and starting and stopping of pump and 23. Preference to Unionists. re-mixer motors. 24. Apprentices. "Special Class Operator" means an operator who 25. Long Service Leave. has been issued with a certificate by the Main Roads 26. Rest Period Department. The decision as to the requirements for 27. Protective Clothing. the issue of the certificate shall be the prerogative of Schedule of Respondents. the Main Roads Department and the Department shall have the right to revoke such certificate at any time. 3.—Area. This award shall operate over the area comprised "Timberman" means a worker who prepares tim- within a radius of 14 miles from the G.P.O., Perth, ber for construction work and who hangs centres and excepting, however, such portions as are comprised fixes sets and poles off laths, lays keels, fixes frames, within the premises occupied or worked in conjunc- or lays decking, or who is employed handling timber tion with the Western Australian Government Rail- in shafts when buildings are being underpinned. ways Commission. "Trainee Plant Operator" means a worker with less than eight weeks' experience with the employer on 4.—Scope. machines in classifications 1 to 4 inclusive, Part 11 of This award shall apply to all workers following the Clause 48.—Wages and such worker may at the dis- vocations mentioned herein and employed in the case cretion of the employer be classed as a trainee for a and box manufacturing and repairing industries as period of not more than eight weeks and be paid 60 carried on by any of the respondents named in the per cent of the margins prescribed for the machine Schedule of Respondents. for the period of training. 5.—Term. The term of this award shall be for a period of one year from the date hereof. (The date of this award is 18th June, 1952.) Schedule of Respondents. 6.—Wages. Commissioner of Main Roads. Minister for Lands. The minimum rates of wages payable to workers Minister for Mines. covered by this award shall be as follows:— Minister for Water Supply. (1) Adult Hale PerWeek {$) Minister for Works. Group A B Western Australian Government Railways Com- A 239.40 253.80 mission. B 232.40 246.40 C 222.60 236.00 Dated at Perth this 13th day of July, 1965. D 216.80 229.90 E 212.70 225.50 F 208.80 221.40 G 206.00 218.40 H 202.10 214.30 1 196.90 208.80 J 191.30 202.80 (2) Classification: Group 1. Sawyer planking out and Hitching to Award No. 48 of 1951. size B 1.—Title. 2. Stub edger and/or No. 1 Bench B This award shall be known as the Case and Box 3. Other breaking down bench sawyers . D Makers' Award, 1952 and replaces Award No. 3A of 4. Band re-sawyer F 1947. 5. Tailer-out on breaking down benches G 2.—Arrangement. 6. Tailer-out other benches I 1. Title. 7. Case bench sawyer and/or docker I 2. Arrangement. 8. Wood and case machinist H 3. Area. 9. Case and Box makers for repairers 4. Scope. (Manual) G 5. Term. 10. Saw Doctor A + 6. Wages. $18.40 6A. Minimum Wage—Adult Males and Fe- 11. Saw Sharpener D males. 12. Hoop iron and/or wiring bench band. G 7. Special Rates and Provisions. 13. Pallet maker G 8. Contract of Service. 14. Cable drum and/or reel maker as- 9. Hours. sembler and/or finisher F 10. Overtime. 15. Woodmachining Section— 11. Holidays and Annual Leave. (a) Two, three or four sided planer— 12. Junior Workers. (i) who is not required to 13. Aged and Infirm Workers. grind his knives and 14. Blowers. cutters but is at any 15. Time and Wages Record. time required to set up 15A. Right of Entry. his machine and then 16. Absence through Sickness. only from such time as 16A. Compassionate Leave. he is required so to act.. E 17. Board of Reference. (ii) who is not required to 18. No Reduction. grind his knives and 19. Breakdowns. cutters or set up his 20. Junior Workers Certificate. machine F 2304 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

(b) Buzzer— in each case for all purposes of the award: (i) who is not required to Provided that the amount payable to any grind his knives and worker pursuant to the foregoing provisions cutters but is at any of this subclause shall be reduced by the time required to set up amount of any payment being made to the his machine and then worker in addition to the said rates, only from time as he is otherwise than pursuant to the provisions of required to so act E this subclause, whether such payment is (ii) who is not required to being made by virtue of any order, indus- grind his knives and trial agreement or other agreement or ar- cutters or set up his rangement. machine F (c) Thicknesser— (i) who is not required to 6A.—Minimum Wage—Adult Males and Females. grind his knives and Notwithstanding the provisions of this award, no cutters but is at any employee (including an apprentice), 21 years of age time required to set up or over, shall be paid less than $169.80 per week as his machine and then his ordinary rate of pay in respect of the ordinary- only from time as he is hours of work prescribed by this award, but that required to so act E minimum rate of pay does not apply where the ordi- (ii) who is not required to nary rate of pay (including any part thereof payable grind his knives and in addition to the award rate) is not less than cutters or set up his $169.80. machine F Where the said minimum rate of pay is applicable (d) Shaper B + the same rate shall be payable on holidays, during $18.40 annual leave, sick leave, long service leave and any 16. Watchmen H other leave prescribed by this award. 17. Stacker for seasoning by means of Notwithstanding the foregoing, where in this stripping or other recognised method H award an additional rate is prescribed for any work as 18. Mill or yard hand (as defined) J a percentage, fraction or multiple of the ordinary rate 19. Other unclassified male adults J of pay, it shall be calculated upon the rate prescribed 20. Case and Box makers or repairers in this award for the classification in which the (manual) who is responsible for mak- worker is employed. ing up client's orders, also who is responsible for receiving client's goods, and then only from such time as he is required so to act E 7.—Special Rates and Provisions. (1) Casual Workers—A casual worker is one en- (3) Junior Workers: (Percentage of the total wage gaged as such, and who shall be paid 20 per cent in prescribed for classification (18) of this clause): addition to the ordinary rate of pay for his class of Under 17 years of age 45% work. 17 years of age 55% 18 years of age 70% (2) (a) A leading hand, if placed in charge of three to 10 workers shall be paid $10.70 per week in ad- (4) Apprentices: [Wages per week expressed as a dition to the appropriate wage prescribed. percentage of the total wage prescribed for classifi- (b) A leading hand, if placed in charge of 11 to 20 cation 15 (d) Shaper in subclause (2) of this clause] workers shall be paid $16.30 per week in addition to Five year term % the appropriate wage prescribed. First year 40 (c) A leading hand, if placed in charge of more than Second year 45 20 workers shall be paid $21.10 per week in addition Third year 60 to the appropriate wage prescribed. Fourth year 75 Fifth year 90 (3) Where a worker is engaged on higher grade work he shall be paid the rate prescribed for such Four year term higher grade work during the time so engaged, pro- First year 50 vided that if engaged on such higher grade work for Second year 60 more than two hours, he shall be paid the higher rate Third year 75 for the whole day. Fourth year 90 Three year term (4) Watchmen—All ordinary hours of work performed by watchmen on Saturday shall be paid for at the rate of 25 per cent extra and all ordinary hours of Second year.. work performed by such workers on Sunday shall be Third year.... paid for at the rate of 50 per cent extra. (5) (a) Subject as hereinafter provided this (5) Disability Allowance: Workers shall be paid an subclause applies to workers employed in the classifi- allowance in accordance with the following— cation of shaper and saw doctor and to apprentices. (a) Workers employed in bush or logging oper- (b) In addition to the rates payable under the pro- ations (other than log truck drivers) at the visions of this clause other than this provision— rate of $10.00 per week. (i) a worker, other than an apprentice, em- (b) Workers employed in or in the immediate ployed in the classification mentioned in vicinity of sawmills, and log truck drivers, at paragraph (a) hereof shall be paid eighteen the rate of $6.60. dollars and forty cents per week; and (c) The allowance shall be paid during overtime (ii) an apprentice shall be paid per week a per- but shall not be subject to penalty additions. centage of eighteen dollars and forty cents being the percentage which appears against (6) Any dispute relating to the disability allow- his year of apprenticeship in subclause (4) of ances in subclause (5) shall be determined by the this clause; Board of Reference. 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2305

8.—Contract of Service. (d) Where a worker (other than a casual worker) is The contract of employment shall be a daily one, called into work on a Sunday or holiday preceding an terminable on either side by one day's notice, and, in ordinary working day, he shall, wherever reasonably the event of notice, the worker shall be entitled to practicable, be given eight consective hours off duty payment up to the date when such notice terminates: before his usual starting time on the next day. If this Provided that the employer may dismiss a worker is not practicable, then the provisions of paragraphs without notice, for good cause. (b) and (c) of this subclause shall apply mutatis mutandis. (e) Overtime worked as a result of a recall shall not 9.—Hours. be regarded as overtime for the purpose of this The ordinary working hours shall not exceed 40 in subclause when the actual time worked is less than any one week, or eight in any one day: Provided that three hours on such recall or on each of such recalls. this shall not apply to watchmen, whose hours shall (9) (a) A worker required to work overtime for not exceed 88 per fortnight. more than two hours, without being notified on the previous day or earlier that he will be so required to work, shall be supplied with a meal by the employer 10.—Overtime. or paid $3.50 for a meal. (1) Except for Watchmen overtime at the rate of (b) If the amount of overtime required to be time and a half shall be paid for the first two hours worked necessitates a second or subsequent meal, the worked outside ordinary working hours and double worker shall, unless he has notified the worker con- time thereafter. All time worked on Saturday after 12 cerned on the previous day or earlier that such sec- noon or Sundays shall be paid at the rate of double ond or subsequent meal will also be required, pro- time. vided such meal or pay the amount of $3.00 for such (2) All work performed on the holidays prescribed second or subsequent meal. in Clause 11(1).— Holidays and Annual Leave shall (c) No such payments need be made to workers liv- be paid at the rate of double time and a half. ing in the same locality as their place of employment, (3) All work performed by watchmen in excess of who can reasonably return home for a meal. 88 hours per fortnight shall be paid for at the rate of (d) If a worker in consequence of receiving such no- time and a half for the first eight hours and double tice has provided himself with a meal or meals, and is time thereafter. not required to work overtime, or is required to work less overtime than notified, he shall be paid the (4) (a) An employer may require any worker to amounts above prescribed in respect of the meals not work reasonable overtime at overtime rates, and such then required. worker shall work shall work overtime in accordance with such requirement. (b) No organisation, party to this award, or worker or workers covered by this award, shall in any way, 11.—Holidays and Annual Leave. whether directly or indirectly be a party to or con- (1) (a) The following days or the days observed in cerned in any ban, limitation or restriction upon the lieu shall, subject to this Clause 10.—Overtime be al- working of overtime in accordance with the require- lowed as holidays without deduction of pay, ments of this subclause. namely—New Year's day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, (5) When a worker is recalled to work after leaving Foundation Day, Sovereign's Birthday, Christmas the job— Day and Boxing Day. Provided that another day may (a) he shall be paid for at least three hours at be taken as a holiday by arrangement between the overtime rates. parties in lieu of any of the days named in this (b) time reasonably spent in getting to and from subclause. work shall be counted as time worked. (b) When any of the days mentioned in subclause (6) When a worker is required to hold himself in 1(a) hereof falls on a Saturday or a Sunday the hol- readiness for a call to work after ordinary hours, he iday shall be observed on the next succeeding shall be paid at ordinary rates for the time he holds Monday and when Boxing Day falls on a Sunday or a himself in readiness. Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day (7) A worker shall not be compelled to work for shall be a holiday without deduction of pay and the more than five hours without a break for a meal. day for which it is substituted shall not be a holiday. (8) (a) When overtime is necessary it shall, wher- (2) On any public holiday not prescribed as a hol- ever reasonably practicable be so arranged that iday under this award, the employer's establishment workers have at least eight consecutive hours off duty or place of business may be closed, in which case a between the work of successive days. worker need not present himself for duty and pay- (b) A worker (other than a casual worker) who ment may be deducted, but if work be done, ordinary works so much overtime between the termination of rates of pay shall apply. his ordinary work on any one day and the commence- (3) (a) Except as hereinafter provided, a period of ment of his ordinary work on the next day that he four consecutive weeks' leave with payment of ordi- has not had at least eight consecutive hours off duty nary wages as prescribed shall be allowed annually to between those times shall, subject to this subclause, a worker by his employer after a period of 12 months' be released after completion of such overtime until continuous service with such employer which is com- he has had eight consecutive hours off duty without pleted on or after 1st April, 1975. loss of pay for ordinary working time occurring dur- (b) With respect to a period of 12 months' continuing such absence. ous service which is completed before 1st April, 1975 (c) If, on the instructions of his employer such a. a worker shall be allowed— worker resumes or continues work without having (i) three consecutive weeks' leave with payment had such eight consecutive hours off duty, he shall be of ordinary wages as prescribed if that paid at double rates until he is released from duty for period is completed before 1st August, 1974. such period and he shall then be entitled to be absent (ii) three consecutive weeks' and one days' leave until he has had eight consecutive hours off duty with payment of ordinary wages as pre- without loss of pay for ordinary working time oc- scribed if that period is completed before 1st curring during such absence. October, 1974. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

(iii) three consecutive weeks' and two days' leave which subclauses (8)(b) or (10) of this clause apply, with payment of ordinary wages as pre- in lieu of so much of that leave as has been allowed scribed if that period is completed before 1st unless:— December, 1974. (i) He has been justifiably dismissed for mis- (iv) three consecutive weeks' and three days' conduct; and leave with payment of ordinary wages as (ii) The misconduct for which he has been dis- prescribed if that period is completed before missed occurred prior to the completion of 1st February, 1975. that qualifying period. (v) three consecutive weeks' and four days' (b) In special circumstances and by mutual consent leave with payment of ordinary wages as of the employer, the worker and Union concerned, prescribed if that period is completed before annual leave may be taken in not more than three 1st April, 1975. periods. (c) During a period of annual leave a worker shall (9) The provisions of this clause shall not apply to receive a loading calculated on the rate of wage pre- casual workers. scribed by Clause 6.—Wages. The loading shall be as follows:— (10) Notwithstanding anything else herein contained an employer who observes a Christmas (i) Day Workers—A worker who would have closedown for the purpose of granting leave may re- worked on day work had he not been on quire a worker to take his annual leave in not more leave—a loading of 17 Vi per cent. than two periods but neither of such periods shall be (ii) Shift Workers—A worker who would have less than one week. worked on shift work had he not been on leave—a loading of 17 Vz per cent. Provided that where the worker would have re- 12.—Junior Workers. ceived shift loadings prescribed by Clause 22.—Shift (1) No junior worker with less than one year's ex- Work had he not been on leave during the relevant perience in the industry shall be employed tailing period and such loadings would have entitled him to out. a greater amount than the loading of 17 Vs per cent then the shift loadings shall be added to the rate of (2) No junior worker who is under the age of 17 wage prescribed by Clause 6.—Wages. years, and who has had less than two years' experience in the industry shall be employed as a sawyer or Provided further, that if the shift loadings would on the buzzer or thicknesser or case-nailing machine. have entitled him to a lesser amount than the loading of 17 N per cent then such loading of 17 Vz per cent (3) The number of junior workers employed by any shall be added to the rate of wage prescribed by employer shall not exceed one for each fully paid Clause 6.—Wages. worker employed by him: Provided, that any employer who himself works as a journeyman shall be The loading prescribed by this subclause shall not regarded as a fully paid worker. apply to proportionate leave on termination. (d) The provisions of this subclause shall not operate in respect of leave fully due prior to the date of 13.—Aged and Infirm Workers. this order, irrespective of the date at which such (1) Any worker who by reason of old age or infirm- leave is taken. ity is unable to earn the minimum wage may be paid such lesser wage as may from time to time be agreed (4) If any award holiday falls within a worker's upon in writing between the union and the employer. period of annual leave and is observed on a day which in the case of that worker would have been an ordi- (2) In the event of no agreement being arrived at, nary working day there shall be added to that period the matter may be referred to the Board of Reference one day being an ordinary working day for each such for determination. holiday observed as aforesaid. (3) After application has been made to the Board, (5) If after one month's continuous service in any and pending the Board's decision, the worker shall be qualifying twelve monthly period a worker leaves his entitled to work for the employer at the proposed employment or his employment is terminated by the lesser rate. employer through no fault of the worker, the worker shall be paid 3.08 hours' pay at his ordinary rate of wage in respect of each completed week of service. 14.—Blowers. (6) Any time in respect of which a worker is absent In addition to the blowers already installed, the from work except time for which he is entitled to employers shall attach blowers to all moulding claim sick pay or time spent on holidays or annual machines, and thicknessers, and to any other leave as prescribed by this award shall not count for machines injurious to health. the purpose of determining his right to annual leave. (7) In the event of a worker being employed by an employer for portion only of a year, he shall only be 15.—Time and Wages Record. entitled subject to subclause (5) of this clause, to The employer shall keep, or cause to be kept, re- such leave on full pay as is proportionate to his cords containing the following:— length of service during that period with such em- (1) the names of each worker to whom this ployer, and if such leave is not equal to the leave award applies; given to the other workers he shall not be entitled to work or pay whilst the other workers of such em- (2) the nature of the work performed; ployer are on leave on full pay. (3) the hours worked each day; (4) the amount of wages and overtime (if any) (8) (a) In addition to any payment to which he may received by each worker each week; be entitled under subclause (5) of this clause, a worker whose employment terminates after he has (5) the age of each junior worker. completed a twelve monthly qualifying period and These records shall be open to inspection by the who has not been allowed the leave prescribed under accredited representative of the union at any time this award in respect of that qualifying period shall during the ordinary working hours, and he shall be be given payment in lieu of that leave, or in a case to allowed to take necessary extracts therefrom. 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2307

15A.—Right of Entry. and he produces a certificate from a registered medi- On notifying the employer or his representative, cal practitioner that he was so confined. Provided the Secretary or any authorised officer of the union— that the provisions of this paragraph do not relieve (1) shall have the right to visit and inspect any the worker of the obligation to advise the employer in job at any time when work is being carried accordance with subclause (3) of this clause if he is on, whether during or outside the ordinary unable to attend for work on the working day next working hours, and in connection with that following his annual leave. inspection to interview any worker covered (c) Replacement of paid annual leave by paid sick by this award provided that he does not un- leave shall not exceed the period of paid sick leave to duly interfere with the work in progress. which the worker was entitled at the time he pro- (2) shall be permitted to interview an employee ceeded on annual leave and shall not be made with during the recognised meal hour on the respect to fractions of a day. business premises of the employer at the (d) Where paid sick leave has been granted by the place at which the meal is taken but this employer in accordance with paragraphs (a), (b) and permission shall not be exercised without (c) of this subclause, that portion of the annual leave the consent of the employer more than once equivalent to the paid sick leave is hereby replaced in any one week. by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the worker or, failing agreement, 16.—Absence through Sickness. shall be added to the worker's next period of annual (1) (a) A worker who is unable to attend or remain leave or, if termination occurs before then, be paid at his place of employment during the ordinary hours for in accordance with the provisions of Clause of work by reason of personal ill health or injury shall 11.—Holidays and Annual Leave. be entitled to payment during such absence in ac- (e) Payment for replaced annual leave shall be at cordance with the following provisions. the rate of wage applicable at the time the leave is (b) Entitlement to payment shall accrue at the rate subsequently taken provided that the annual leave of one sixth of a week for each completed month of loading prescribed in Clause 11.—Holidays and service with the employer. Annual Leave shall be deemed to have been paid (c) If in the first or successive years of service with with respect to the replaced annual leave. the employer a worker is absent on the ground of per- (6) Where a business has been transmitted from sonal ill health or injury for a period longer than his one employer to another and the worker's service has entitlement to paid sick leave, payment may be ad- been deemed continuous in accordance with justed at the end of that year of service, or at the subclause (3) of Clause 2 of the Long Service Leave time the worker's services terminate, if before the provisions published in Volume 59 of the Western end of that year of service, to the extent that the Australian Industrial Gazette at pages 1-6, the paid worker has become entitled to further paid sick leave sick leave standing to the credit of the worker at the during that year of service. date of transmission from service with the (2) The unused portions of the entitlement to paid transmitter shall stand to the credit of the worker at sick leave in any one year shall accumulate from year the commencement of service with the transmittee to year and subject to this clause may be claimed by and may be claimed in accordance with the pro- the worker if the absence by reason of personal ill visions of this clause. health or injury exceeds the period for which entitlement has accrued during the year at the time of (7) The provisions of this clause with respect to the absence. Provided that a worker shall not be en- payment do not apply to workers who are entitled to titled to claim payment for any period exceeding 10 payment under the Workers' Compensation Act nor weeks in any one year of service. to workers whose injury or illness is the result of the worker's own misconduct. (3) To be entitled to payment in accordance with this clause the worker shall as soon as reasonably (8) The provisions of this clause do not apply to practicable advise the employer of his inability to at- casual workers. tend for work, the nature of his illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence. 16A.—Compassionate Leave. (4) The provisions of this clause do not apply to a worker who fails to produce a certificate from a medi- (1) A worker shall, on the death within Australia of cal practitioner dated at the time of the absence or a wife, husband, father, mother, brother, sister, child who fails to supply such other proof of the illness or or stepchild be entitled on notice, of leave up to and injury as the employer may reasonably require pro- including the day of the funeral of such relation and vided that the worker shall not be required to pro- such leave shall be without deduction of pay for a duce a certificate from a medical practitioner with re- period not exceeding the number of hours worked by spect to absences of two days or less unless after two the worker in two ordinary working days. Proof of such absences in any year of service the employer re- such death shall be furnished by the worker to the quests in writing that the next and subsequent ab- satisfaction of his employer. sences in that year, if any, shall be accompanied by (2) Provided that payment in respect of com- such certificate. passionate leave is to be made only where the worker (5) (a) Subject to the provisions of this subclause, otherwise would have been on duty and shall not be the provisions of this clause apply to a worker who granted in any case where the worker concerned suffers personal ill health or injury during the time would have been off duty in accordance with his ros- when he is absent on annual leave and a worker may ter, or on long service leave, annual leave, sick leave, apply for and the employer shall grant paid sick leave worker's compensation, leave without pay or on a in place of paid annual leave. public holiday. (b) Application for replacement shall be made (3) For the purpose of this clause the words "wife" within seven days of resuming work and then only if and "husband" shall not include a wife or husband the worker was confifned to his place of residence or from whom the worker is separated, but shall include a hospital as a result of his personal ill health or in- a person who lives with the worker as a de facto wife jury for a period of seven consecutive days or more or husband. 2308 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

17.—Board of Reference. (3) The loading on the ordinary rates of pay for (1) The Commission hereby appoints, for the pur- shift work shall be 15 per cent for afternoon and pose of this award, a Board of Reference consisting of night shift. a Chairman and two other members who shall be ap- oointed to section 48 of the Industrial Arbitration 23.—Preference to Unionists. Act, 1979. No longer in force—see section 117(l)(g) of Indus- (2) The Board of Reference is hereby assigned the trial Arbitration Act, 1979. function of allowing, approving, fixing, determining or dealing with any matter of difference between the parties in relation to any matter which under this 24.—Apprentices. award may be allowed, approved, fixed, determined (1) Subject to the provisions of this clause, the Ap- or dealt with by a Board of Reference. prenticeship Regulations, 1972 are incorporated in and form part of this Award. 18.—No Reduction. (2) Apprentices may be taken to the trades of Saw This award shall not in itself operate to reduce the Doctoring or Timber Machining. wages of any worker who is at present receiving above (3) Apprentices may be taken by an employer in the minimum rate prescribed for his class of work. the ratio of one apprentice for every two or fraction of two (the fraction being not less than one) 19.—Breakdowns. journeymen employed by the employer. The employer shall be entitled to deduct payment (4) Except as hereinafter provided every agree- for any day or portion of a day upon which the ment of apprenticeship shall be for a period of four worker cannot be usefully employed because of any years, unless with the approval of the Commission strike by the union or unions affiliated with it, or by that period is reduced or deemed to have commenced any other association or union, or through the break- prior to the date of the agreement provided that any down of the employer's machinery or any stoppage of agreement of apprenticeship to saw doctoring en- work by any cause which the employer cannot tered into before 1st September, 1974 and any such reasonably prevent. agreement to timber machining entered into before 1st October, 1975 shall be for a period of five years. 20.—Junior Workers Certificate. (5) (a) Where classes are provided by the Technical Junior workers upon being engaged shall, if re- Education Division of the Education Department in quired, furnish the employer with a certificate con- the locality in which the apprentice is employed the taining the following particulars: hours of attendance at such classes shall be:— (1) Name in full. (i) Where the period of apprenticeship is for (2) Age and date of birth. five years—eight hours per week for the first (3) Name of each previous employer and length school year and eight hours per fortnight for of service with such employer. each of the three subsequent school years. (4) Class of work performed for each previous (ii) Where the period of apprenticeship is four employer. years—eight hours per week for the first and Such of the foregoing particulars as are within the second school years and eight hours per fort- knowledge of an employer shall be endorsed on the night for the next school year, provided that: certificates and signed by the employer, upon request (b) Where suitable facilities for block release are of the worker. provided by the Technical Education Division of the No worker shall have any claim upon an employer Education Department, for Apprentices to the trade for additional pay, in the event of the age or length of of Saw Doctoring, the period during which an ap- service of the worker being wrongly stated on the prentice is to attend vocational classes shall be six certificate. If any worker shall wilfully mis-state his weeks in each of the first, second and third school age in the above certificate he alone shall be guilty of years, consisting of two periods of three weeks re- a breach of this award. spectively. (6) Any male person under the age of 21 years who 21.—Definitions. has satisfactorily completed an approved pre-apprenticeship course conducted by the Technical Edu- "Saw Doctor" means a tradesman employed in cation Division of the Education Department may be hammering, grinding, retoothing and tensioning of indentured as an apprentice under this award to the saws. trade of Timber Machining on a three year term of "Mill or Yard hand" means a worker who has had apprenticeship. three months experience in the industry in the employ of the particular employer and who is performing any of the following duties:—Saw sharp- 25.—Long Service Leave. ener's Assistant, stackers who stack timber other The long service leave provisions set out in Volume than for seasoning by the process of stripping, mobile 59 of the Western Australian Industrial Gazette at or other crane assistant. pages 1 to 6 inclusive are hereby incorporated in and shall be deemed to be part of this award. 22.—Shift Work. (1) An employer may work his establishment on 26.—Meal Breaks and Rest Period. shifts, but before doing so shall give notice of his intention to the union and of the intended starting (1) Meal intervals shall not be less than 30 min- and finishing times of ordinary working hours of the utes, nor more than one hour, to be taken at mutually respective shifts. arranged times. (2) Where any particular process is carried out on (2) (a) A rest period of 10 minutes from the time of shifts other than day shift, and less than five con- ceasing to the time of resumption of work shall be al- secutive afternoon or five consecutive night shifts are lowed each morning and afternoon or in the case of a worked on that process, then workers employed on shift worker in each of the first and second parts of such afternoon or night shifts shall be paid at the shift. overtime rates. The sequence of work shall not be (b) The rest period shall be counted as time off deemed to be broken by reason of the fact that work without deduction to pay and shall be arranged at a on the process is not carried out on Saturday or time and in the manner to suit the convenience of the Sunday or on any holiday. employer. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2309

27.—Protective Clothing. 23. Sick Leave. (1) Workers required to work in inclement weather 24. Maternity Leave. shall be provided with suitable protective clothing. 25. Annual Leave. (2) Workers required to work in slush or muddy 26. Compassionate Leave. 27. Long Service Leave. conditions shall be provided with waterproof protec- 28. Uniforms. tive boots while so employed. 29. Protective Equipment. (3) Head protective helmets shall be supplied by 30. Provision of First Aid Appliances. the employer where deemed necessary. 31. Supply of Stores. (4) A worker who is required to handle poles or 32. Emergencies. timber whilst wet after impregnation or immunis- 33. Board of Reference. ation shall be supplied by the employer with suitable 34. Apprentices. protective clothing and gloves. 35. Part-Time Workers. (5) The employer may deduct from the pay of any 36. Under Rate Workers. worker to whom a head protective helmet or protec- 37. Board and Lodging. tive clothing has been supplied the cost of such 38. Payment of Wages. articles as are not returned in good condition, fair 39. Wages. wear and tear excepted, on demand by the employer. 3.—Area and Scope. Schedule of Respondents. This Award shall apply throughout the State of Cass Case Co., 362 Newcastle Street, West Perth. Western Australia to workers employed in all public City Case Co., John Street, West Perth. hospitals under the control of the Hon. Minister for Safety Box Co., 3 Henderson Street, Fremantle. Health, all public hospitals under boards of manage- W.A. Box Co., Swan Street, North Fremantle. ment appointed under the Hospitals Act, 1972, Prin- Phillips Case Co., Alfred Street, Leederville. cess Margaret Hospital for Children all approved Australian Seal Co. Pty. Ltd., Marquis Street, Perth. hospitals under the Mental Health Act, 1962-1965 Jarrah Case Factory, 210 Roe Street, West Perth. and treatment, training and disciplinary facilities McPhee's Case Factory, 71 Brewer Street, East under the Child Welfare Act, 1947-1965: Provided Perth. that this award shall not apply to the homes of Peace J. Smith, 8 Henry Street, East Perth. Incorporated or to any of their workers. Goodwood Case Co., Welshpool. Perth Case Factory, 252 James Street Perth. Western Case Factory, 219 James Street Perth. 4.—Term. Star Case Factory, 97 Charles Street, West Perth. The term of this award shall be for a period of Osborne Park Case Factory, Powell Street, Osborne three years from the date hereof. (This award was de- Park. livered on 21st December, 1966.) Dated at Perth this 18th day of June, 1952. 5.—Definitions. (1) "Laundress" means a female worker who is required to do washing and/or ironing and any other function in a Laundry. (2) "Laundry Hand" means a worker employed in a laundry whose major employment is not washing and/or ironing. HOSPITAL WORKERS (Government). (3) "Orderly" means a male worker not otherwise classified in this award. Award No. 21 of 1966. (4) "Rostered Worker" means a worker for whom the ordinary hours of work may include work on a 1.—Title. Sunday. This Award shall be known as the Hospital (5) "Seamstress" means a worker who cuts out and Workers (Government) Award No. 21 of 1966 as fits uniforms or dresses to measure or pattern. amended and consolidated and shall replace Award No. 46 of 1961 as amended. (6) "Storeman" means a worker who is employed in a store handling, weighing and preparing stores for 2.—Arrangement. delivery and performing any other store duties. 1. Title. (7) "Part-Time Worker" means a worker engaged 2. Arrangement. on a weekly contract of service for less ordinary hours 3. Area and Scope. per week or fortnight than those prescribed by 4. Term. Clause 6.—Hours of this award. 5. Definitions. (8) "Casual Worker" means a worker engaged for a 6. Hours. period of less than one week. 7. Spread of Shifts. (9) "Tradesman Cook" means a worker employed 8. Rosters. in cooking who possesses recognised qualifications in 9. Time and Wages Record. the trade of cooking. 10. Contract of Service. (10) "All Purpose Orderly" means an orderly who 11. Notices. is regularly required to undertake two or more of the 12. Engagement. following types of duties in addition to or in substi- 13. Transfers. tution for the traditional orderly duties—drive a 14. Accommodation. motor vehicle, perform minor maintenance tasks, 15. Overtime. perform gardening duties or provide basic nursing 16. Shift Work. care. 17. Weekend Work. 18. District Allowance. 19. Allowances and Special Provisions. 6.—Hours. 20. Higher Duties Allowance. (1) The ordinary hours of duty shall be 40 per week 21. Public Holidays. or 80 per fortnight to be worked eight hours per day 22. Public Holidays—Swanbourne, Graylands on any five days of the week or 10 days of the fort- and Lemnos Hospitals. night. 2310 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

(2) Where practicable the ordinary hours of work (2) A wages sheet, which shall clearly show the ag- shall be rostered over not more than six consecutive gregate wage, deductions made, and cash paid to each days. worker, shall be kept at the head office of the (3) There shall be no fixed hours of duty in Hospi- institution, and shall be open for inspection by the tals where the daily average of occupied beds does union secretary or his nominee at all reasonable not exceed four. The daily average of beds occupied shall be calculated on the actual in-patient days only. Out patients and babies shall not be counted. 10.—Contract of Service. (1) Subject as hereinafter provided no worker shall have his services terminated unless he or she has received 14 days' previous notice of his or her termin- 7.—Spread of Shift. ation or pay for such period in lieu thereof. (1) Subject to the provisions of subclauses (2) and (2) No worker shall, without the consent of the em- (3) hereof the spread of shift shall mean the total ployer, resign without first having given 14 days' pre- period of time which elapses from the time the vious notice of his or her intention to do so, and in worker signs on duty at the commencement of the the absence of such notice, the employer may with- shift and the time the worker signs off duty at the hold holiday or other pay up to the amount of 14 completion of the shift. days' wages. (2) The spread of shift shall not exceed 10 hours (3) The employer may at any time without prior provided that a spread in excess of 10 hours, but not notice dismiss a worker for refusal or neglect to obey exceeding 11'A hours may be worked where the orders or for misconduct, and such worker shall be shorter spread cannot be worked without additional entitled to a written statement as to the reason for staff and/or expense. the dismissal within 14 days of the said employer (3) No more than three breaks shall be allowed in having received a written request for such a state- any one shift, including meal breaks, provided that ment. the maximum period worked between breaks in the (4) The employer shall be under no obligation to shift shall be five hours. This provision shall not pay for any day not worked upon which the worker is apply to night shift workers who shall work a shift of required to present himself or herself for duty, except eight hours straight. where such absence from work is due to illness and comes within the provisions of Clause 23.—Sick Leave, or such absence is on account of holidays to 8.—Rosters. which the worker is entitled under the provisions of this award. (1) The ordinary hours of duty prescribed in Clause 6.—Hours of this award shall be set out in a (5) The preceding provisions of this clause shall roster which shall be posted in a convenient place not apply to casual workers. One day's notice shall be where it can be readily seen by the workers con- sufficient to terminate the services of a casual cerned. worker, except where such a worker is dismissed for misconduct. (2) The roster shall set out the time each worker starts and finishes each shift, and also each break in the shift together with the days each worker is ros- 11.—Notices. tered off duty. Space shall be provided in a mutually convenient (3) Except as provided in subclause (7) hereof meal place for the purpose of posting union notices and a breaks shall be for a period of at least 30 minutes, but copy of this award. not greater than one hour for each meal. 12.—Engagement. (4) Except at the change of roster, no worker shall be rostered for duty until at least 10 hours have (1) When a worker is engaged for service in a hospi- elapsed from the time his previous rostered shift tal or place outside a radius of 40 kilometres from the ended. General Post Office, Perth, the worker shall be entitled to accommodation and travelling allowance as (5) The roster shall be posted at least 48 hours be- per Clause 13.—Transfers from the place of engage- fore it comes into operation and subject to subclause ment to the place of employment, and his term of (6) of this clause and notwithstanding the provisions employment shall be deemed to commence as soon as of subclause (4) of this clause may only be altered on account of contingency which the employer could not he leaves his place of engagement. have been reasonably expected to foresee. Such (2) When a worker is engaged for service in a hospi- altered time shall then become the rostered time. tal or place outside a radius of 40 kilometres from the General Post Office, Perth, the employer may pay (6) No alteration shall be made to the roster in ac- the fare from the place of engagement to the place of cordance with subclause (5) of this clause unless the employment: Provided if such worker resigns other worker concerned is notified before the conclusion of than for a reason which in the opinion of the em- his rostered shift immediately before the changed ployer is a good and sufficient reason or is dismissed shift, or on the day before the changed shift com- for misconduct before the completion of three mences. months' service she shall refund to the employer the (7) Where workers are employed on rotating shifts cost of the fare from his place of engagement to the which cover 24 hours per day, the night shift shall be place of employment. rostered on a straight shift of eight hours, which shall (3) If a worker is dismissed before the period for include a meal break to be taken in the employer's which he was engaged has expired, or if none is stipu- time; provided that during such meal break the lated, then before the period of six months from the worker shall be on call. date of his appointment, except in the case of dismissal for misconduct, he shall be entitled to accommodation and travelling allowance as prescribed in 9.—Time and Wages record. subclause (1) of this clause, to his place of engage- (1) A time book, or books, or records, to be open for ment should he desire to return there. inspection by the union secretary, or his nominee at Provided that if he was originally engaged in Perth any reasonable time, shall be provided. Each worker and has been employed continuously at more than must record in such books the exact time he or she one public hospital without returning to Perth, then starts and finishes duty on each day, and also the he shall be entitled to accommodation and travelling time booked off for meals or breaks in shifts. allowance to Perth, should he desire to return there. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2311

And also provided that should a worker elect to re- Provided that in the case of overtime worked on a turn to his place of engagement or to Perth by any public holiday the time worked shall be paid for at other conveyance than by train, he shall be entitled, the rate of time and one half in addition to the upon production of receipts, to actual transport ex- worker's ordinary hourly award rate. penses incurred; but such transport expenses shall (2) In lieu of payment for overtime, and by agree- not exceed the amount of a rail, boat, and/or coach ment between the workers and the employer, time off fare from the place of his last employment to the equivalent to the time worked may be granted when place of his engagement or to Perth, as the case may overtime is occasioned through the failure of another be. worker to report for duty, except where a full ad- (4) Any worker whose duties require him to travel ditional shift is required when overtime rates shall shall be entitled to travelling accommodation at the apply. expense of his employer. (3) All work performed by rostered workers on any (5) If a worker who is engaged for duty in a hospi- day on which they are rostered off duty or days tal or place outside a radius of 40 kilometres from the worked in excess of those provided in Clause General Post Office, Perth, remains for 12 months in 6.—Hours or Clause 35.—Part-Time Workers shall the service of the employer who engages him, he shall be paid for at the rate of double time, except where be entitled to return fare and travelling allowance as such day is a public holiday when double time and mentioned in subclause (3) when he leaves his em- one half shall be paid. ployment. (4) Where a worker is required to work overtime (6) Except in the case of dismissal for misconduct, and such overtime is worked for a period of at least a casual worker shall receive return fare and two hours in excess of the required daily hours of travelling allowance irrespective of his period of em- work, the worker shall be provided with a meal free ployment. of cost, or shall be paid the sum of $1.25 as meal money. 13.—Transfer. This subclause shall not apply where the worker (1) A worker who is transferred from one place to has been advised of the necessity to work overtime on another shall be entitled to travelling accommo- the previous day. dation between the places of transfer and to full pay- (5) A worker who has completed his usual hours of ment of wages during the time of leaving duty and duty and has left the job and who is recalled to work taking up his new duties. after the usual ceasing time, shall be paid a minimum (2) (a) In addition, the worker shall be allowed the of three hours at overtime rates. actual cost of any meal purchased. Meal times shall be 8.00 a.m., 1.00 p.m. and 6.00 p.m. 15 cents for each morning and afternoon tea shall be allowed when 16.—Shift Work. travelling at 11.00 a.m. and 4.00 p.m. Reasonable (1) Subject to subclause (2) hereof, a loading of portage shall be allowed. Claims for taxi fares must 12'A per cent of the ordinary wage shall be paid for be supported by receipts for the fares claimed. time worked on afternoon or night shift as defined (b) No such meal allowance as mentioned shall be hereunder: made for journeys completed between the ordinary (a) Afternoon shift—commencing between 12 meal times. Where practicable, at least 14 days' pre- noon and 6.00 p.m. vious written notice shall be given to a worker requir- (b) Night shift—commencing between 6.00 p.m. ing to transfer from one hospital to another. and 4.00 a.m. (2) A loading of 18 % per cent of the ordinary wage 14.—Accommodation. shall be paid for time worked on permanent after- (1) Resident workers shall be provided with suit- noon or night shifts provided that where a worker re- able healthy accommodation. The union secretary or quests in writing permanent afternoon or night shift, his nominee shall be permitted to inspect the accom- the provisions of subclause (1) of this clause shall modation at all reasonable times and in the event of a apply. dispute arising with respect to the suitability of the (3) For the purposes of subclause (2) of this clause accommodation it shall be referred to the Board of a worker shall be deemed to have been working per- Reference for decision: Provided that whether any worker lives in shall be a matter which shall be left to manent afternoon or night shift where such worker the decision of the employer: Provided further, that works that shift as part of a non-rotating roster. where a worker desires to live out permission to do so shall not be withheld without reason. 17.—Weekend Work. A sitting room suitably furnished and sufficiently large to accommodate the resident workers shall be (1) A worker shall be paid for ordinary hours provided for their common use: Provided that this worked between midnight on Friday and midnight on shall apply only where there are four or more Sunday at the rate of time and one half. workers employed and living in. (2) The rates prescribed herein shall be in substi- Laundry facilities shall be available to all resident tution for and not cumulative on the rates prescribed workers for the laundering of private clothes. in Clause 16.—Shift Work. (2) Suitable dressing rooms with adequate washing facilities shall be provided for all non-resident workers. 18.—District Allowance. (1) Workers employed in the districts of the State 15.—Overtime. described in subclause (2) of this clause shall be paid (1) Overtime shall mean all time worked beyond or the allowance prescribed for that district. in excess of the ordinary rostered hours of duty pre- (2) The boundaries of the districts shall be: scribed in Clause 6.—Hours or Clause 35.—Part- District 1. The area within a line commencing on Time Workers of this award on any day the worker is coast; thence east along latitude 28 to a rostered on duty, and except as hereinafter provided point north of Tailoring Peak; thence due shall be paid for at the rate of time and one half for south to Tallering Peak; thence south-east the first two hours and double time thereafter. Such to Mt. Gibson and Burracoppin; thence to a rates shall be calculated on a worker's hourly award point south-east at the junction of latitude rates and shall be paid in addition to the weekend or 32 and longitude 119; thence south along shift rates as the case may be. longitude 119 to coast. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

District 2. That area within a line commencing (5) (a) A married male worker whose spouse is not on the south coast at longitude 119 then east employed by the Government shall be paid double along the coast to longitude 123; thence the weekly allowance expressed herein for the district north along longitude 123 to a point on lati- or town in which he is employed. tude 30; thence west along latitude 30 to the (b) A worker, other than a married male worker, boundary of No. 1 District. who supplies proof that he or she is the main support District 3. The area within a line commencing on of relatives or dependants resident within the State coast at Latitude 26; thence along latitude shall be paid double the weekly allowance expressed 26 to longitude 123; thence south along herein for the district or town in which he or she is longitude 123 to the boundary of No. 2 Dis- employed. trict. (c) In no circumstance shall the weekly allowances District 4. The area within a line commencing on paid to a married couple by Government employers the coast at latitude 24; thence east to the exceed double the allowance prescribed herein nor be South Australian Border; thence south to less than that amount. the coast; thence along the coast to longi- (6) The rates of allowance prescribed herein shall tude 123; thence north to the intersection of be adjusted every 12 months in accordance with vari- latitude 26; thence west along latitude 26 to ations in the Consumer Price Index for Perth for the the coast. period ending 31st December each year. The ad- District 5. That area of the State situated be- justment to the rates shall be effective from the between the latitude 24 and a line running east ginning of the first pay period to commence on or from Carnot Bay to the Northern Territory after 1st January in each year. Border. (7) Where a worker is on annual leave, he shall be District 6. That area of the State north of a line paid for the period of such leave the district allow- running east from Carnot Bay to the North- ance to which he would ordinarily be entitled. ern Territory Border. (8) Where a worker is on long service leave or other approved leave with pay (other than annual leave) he (3) The weekly alllowance payable to workers em- shall only be paid district allowance for the period of ployed in the districts of the State described in such leave he remains in the district in which he is subclause (2) of this clause are as follows: employed. Column (9) Liberty is reserved to the union to make appli- A cation to amend this clause with respect to towns District $ which attract allowances different from that applying 1 Nil generally to that district. 2 4.80 (10) Nothing in this clause shall operate so as to 3 6.80 reduce the district allowance being paid at the date 4 10.70 of this order to any worker. 5 21.40 6 26.20 (11) Where a worker is provided with free board and lodging by the employer the allowances pre- Provided that the allowances prescribed in Column scribed herein shall be reduced by two-thirds of the A shall operate from the beginning of the first pay full allowance. period commencing on or after 1st January, 1982.

(4) Workers employed in the towns shown 19.—Allowances and Special Provisions. hereunder in the districts referred to in subclause (2) In addition to the rates prescribed in Clause of this clause shall be paid the following allowances 39.—Wages, the following allowances shall be paid: in lieu of the rates prescribed in subclause (3) of this (1) Employees handling foul linen in laundry clause. procedures at hospitals—55 cents to $1.65 Column per day. A District Town $ (2) Orderlies employed on boiler firing 1. Nil Nil duties—$1.10 per day. 2. Kalgoorlie 1-60 (3) Orderlies required to handle a cadaver—85 Ravensthorpe 6.40 cents per hour with a minimum payment of Norseman 6.40 one hour. Salmon Gums 6.40 (4) Orderlies—Sir Charles Gairdner Hospital, Marvel Loch 6.40 sterilising sputum mugs—$1.10 per day. Esperance 6.40 3. Meekatharra 10.70 20.—Higher Duties Allowance. Mount Magnet 10.70 Wiluna 10.70 (1) A worker who performs duties which carry a Laverton 10.70 higher minimum rate than that which such worker Leonora 10.70 usually performs shall be entitled to the higher mini- Cue 10.70 mum rate while so employed. 4. Warburton Mission 28.80 (2) Where such a worker is engaged in the higher Carnarvon 10.20 grade of work for more than four hours in any one 5. Fitzroy Crossing 28.80 day, the worker shall be paid the higher rate for the Halls Creek 28.80 whole day. Turner River Camp 28.80 (3) An All Purpose Orderly who drives in excess of Nullagine 28.80 15 hours per week shall be entitled to higher duties Abydos Research Station 26.70 payment for such hours in excess of 15 hours per Liveringa (Camballin) 26.70 week. Marble Bar 26.70 Wittenoom 26.70 21.—Public Holidays. Port Hedland 23.20 (1) The following days or the days observed in lieu 6. Nil Nil thereof shall subject as hereinafter provided, be al- Provided that the allowances prescribed in Column lowed as holidays without deduction of pay, namely A shall operate from the beginning of the first pay New Year's Day, Australia Day, Good Friday, Easter period commencing on or after 1st January, 1982. Monday, Anzac Day, Labour Day, Foundation Day, 23rd November, 1983] WEST 2313

Sovereign's Birthday, Christmas Day and Boxing (b) When any of the days observed as a holiday as Day. Provided that another day may be taken as a prescribed in this clause falls on a day when a ros- holiday by arrangement between he parties in lieu of tered worker is rostered off duty and the worker has any of the days named in this subclause. not been required to work on that day, she shall be allowed to take a day's holiday at a time mutually ac- (2) (a) Where any of the days mentioned in ceptable to the employer and the worker. subclause (1) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding (c) Any worker who is required to work on the day Monday and when Boxing Day falls on a Sunday or a observed as a holiday as prescribed in this clause in Monday, the holiday shall be observed on the next her normal hours work or ordinary hours in the case succeeding Tuesday. of a rostered worker shall be paid for the time worked at the rate of time and one half and in addition be al- (b) When any of the days observed as a holiday in lowed to observe the holiday on a day mutually ac- this clause falls during a period of annual leave the ceptable to the employer and the worker. holiday or holidays shall be observed on the next succeeding work day or days as the case may be after Provided that in any specified 12 monthly period, completion of that annual leave. after a worker has accumulated five days in lieu of public holidays, by agreement between the worker (c) When any of the days observed as a holiday as and the employer, the worker may be paid for work prescribed in this clause falls on a day when a ros- performed on a day observed as a holiday as pre- tered worker is rostered off duty and the worker has scribed in this clause at the rate of double time and not been required to work on that day he shall be one half in lieu of the foregoing provisions of this paid as if the day was an ordinary working day or if subclause. the employer agrees be allowed to take a day's holiday in lieu of the holiday at the time mutually ac- (4) When a worker is absent on leave without pay, ceptable to the employer and the worker. sick leave without pay or worker's compensation, any day observed as a holiday on a day falling during (3) Any worker who is required to work on the day such absence shall not be treated as a paid holiday. observed as a holiday as prescribed in this clause in Where the worker is on duty or available on the his normal hours of labour or ordinary hours in the whole of the working day immediately preceding a case of a rostered worker shall be paid for the time holiday, or resumes duty or is available on the whole worked at the rate of double time and a half or if the of the working day immediately following a day ob- employer agrees be paid for the time worked at the served as a holiday as prescribed by this clause the rate of time and a half and in addition be allowed to worker shall be entitled to be paid for such holiday. observe the holiday on a day mutually acceptable to (5) The additional payments, prescribed in the employer and the worker. subclause (3) of this clause shall be in substitution for any additional payment for work done on any (4) When a worker is absent on leave without pay, afternoon and/or night shift. sick leave without pay or worker's compensation, any day observed as a holiday on a day falling during (6) This clause shall not apply to casual workers. such absence shall not be treated as a paid holiday. (7) (a) In any period of 12 months, the first five Where the worker is on duty or available on the holidays which are to be taken on a day mutually ac- whole of the working day immediately preceding a ceptable to the employer and the worker as pre- holiday, or resumes duty or is available on the whole scribed by subclause (3) shall be taken at the con- of the working day immediately following a day ob- clusion of the next period of annual leave. Such time served as a holiday as prescribed by this clause the shall be deemed to be mutually acceptable to the em- worker shall be entitled to be paid for such holiday. ployer and the worker. (b) The remainder of any holidays which are to be (5) : The additional payments, prescribed in taken on a day mutually acceptable to the employer subclause (2)(c), (3) and (4) of this clause shall be in and the worker as prescribed by subclause (3) shall substitution for any additional payment for work be taken within 12 months of the holiday becoming done on any afternoon and/or night shift. due. If such days are not taken within the 12 months (6) This clause shall not apply to casual workers or they shall be paid for at the ordinary rate of wage ap- workers employed by the Director of Mental Health plicable at the date 12 months after becoming due. services at Swanbourne, Graylands or Lemnos Hospi- (8) This clause applies only to workers employed tals other than gardening staff. by the Director of Mental Health Services at Swanbourne, Graylands and Lemnos Hospitals, excluding gardening staff. 22.—Public Holidays—Swanbourne, Graylands and Lemnos Hospitals. 23.—Sick Leave. (1) The following days or the days observed in lieu (1) (a) A worker shall be entitled to payment for thereof shall subject as hereinafter provided, be al- non-attendance on the ground of personal ill-health lowed as holidays without deduction of pay, namely or injury for one-sixth of a week's pay for each com- New Year's Day, Australia Day, Good Friday, Easter pleted month of service. Monday, Anzac Day, Labour Day, .Foundation Day, Sovereign's Birthday, Christmas Day and Boxing (b) Payment hereunder may be adjusted at the end Day. of each accruing year or at the time the worker leaves the service of the employer, in the event of the (2) Where any of the days mentioned in subclause worker being entitled by service subsequent to the (1) hereof falls on a Saturday or a Sunday the holiday sickness in that year to a greater allowance than that shall be observed on the next succeeding Monday made at the time the sickness occurred. and when Boxing Day falls on a Sunday or a Monday, (2) The unused portion of the entitlement pre- the holiday shall be observed on the next succeeding scribed in paragraph (a) hereof in any accruing year Tuesday. shall be allowed to accumulate and may be availed of (3) (a) When any of the days observed as a holiday in the next or any succeeding year. as prescribed in this clause, falls during a period of (3) In order to acquire entitlement to payment in annual leave, the holiday or holidays shall be taken accordance with this .clause the worker shall as soon on a day mutually acceptable to the employer and as reasonably practicable advise the employer of his the worker, subject to the provisions of subclause inability to attend for work, the nature of his illness 7(a). or injury and the estimated duration of the absence. 2314 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

Provided that such advice, other than in extraordi- For the purposes of this clause: nary circumstances shall be given to the employer (a) A worker shall include a part-time worker within 24 hours of the commencement of the com- but shall not include a worker engaged upon mencement of the absence. casual or seasonal work. (4) No worker shall be entitled to the benefit of (b) Maternity Leave shall mean unpaid ma- this clause unless he produces proof to the satisfac- ternity leave. tion of the employer or his representative of such sickness provided that the employer shall not be en- (2) Period of Leave and Commencement of Leave. titled to a medical certificate for absence of less than three consecutive working days unless the total of (a) Subject to subclauses (3) and (6) hereof, the such absences exceeds five days in any one accruing period of maternity leave shall be for an un- year. broken period of from 12 to 52 weeks and shall include a period of six weeks' compul- (5) (a) Subject to the provisions of this subclause, sory leave to be taken immediately before the provisions of this clause apply to a worker who the presumed date of confinement and a suffers personal ill-health or injury during the time period of six weeks' compulsory leave to be when he is absent on annual leave and a worker may taken immediately following confinement. apply for and the employer shall grant paid sick leave (b) A worker shall, not less than 10 weeks prior in place of paid annual leave. to the presumed date of confinement, give (b) Application for replacement shall be made notice in writing to her employer stating the within seven days of resuming work and then only if presumed date of confinement. the worker was confined to his place of residence or in hospital as a result of his personal ill-health or in- (c) A worker shall give not less than four weeks' jury for a period of seven consecutive days or more notice in writing to her employer of the date and he produces a certificate from a registered medi- upon which she proposes to commence ma- cal practitioner that he was so confined. Provided ternity leave, stating the period of leave to that the provisions of this paragraph do not relieve be taken. the worker of the obligation to advise the employer in (d) A worker shall not be in breach of this accordance with subclause (3) of this clause if he is clause as a consequence of failure to give the unable to attend for work on the working day next stipulated period of notice in accordance following his annual leave. with paragraph (c) hereof if such failure is (c) Replacement of paid annual leave by paid sick occasioned by the confinement occurring leave shall not exceed the period of paid sick leave to earlier than the presumed date. which the worker was entitled at the time he proceeded on annual leave and shall not be made with (3) Transfer to a Safe-Job: Where in the opinion of respect to fractions of a day. a duly qualified medical practitioner, illness or risks (d) Where paid sick leave has been granted by the arising out of the pregnancy or hazards connected employer in accordance with paragraphs (a), (b) and with the work assigned to the worker make it (c) of this subclause, that portion of the annual leave inadvisable for the worker to continue at her present equivalent to the paid sick leave is hereby replaced work, the worker shall, if the employer deems it prac- by the paid sick leave and the replaced annual leave ticable, be transferred to a safe job at the rate and on may be taken at another time mutually agreed to by the conditions attaching to that job until the com- the employer and the worker or, failing agreement, mencement of maternity leave. shall be added to the worker's next period of annual If the transfer to a safe job is not practicable, the leave or, if termination occurs before then, be paid in worker may, or the employer may require the worker accordance with the provisions of Clause to, take leave for such period as is certified necessary 25.—Annual Leave. by a duly qualified medical practitioner. Such leave (e) Payment for replaced annual leave shall be at shall be treated as maternity leave for the purposes the rate of wage applicable at the time the leave is of subclauses (7), (8), (9) and (10) hereof. subsequently taken provided that the annual leave loading prescribed in Clause 25.—Annual Leave shall (4) Variation of Period Of Maternity Leave. be deemed to have been paid with respect to the re- (a) Provided the addition does not extend the placed annual leave. maternity leave beyond 52 weeks, the period may be lengthened once only, save with the (6) The provisions of this clause with respect to agreement of the employer, by the worker payment do not apply to workers who are entitled to giving not less than 14 days' notice in payment under the Workers' Compensation Act nor writing stating the period by which the leave to workers whose illness or injury is the result of the is to be lengthened. worker's own misconduct. (b) The period of leave may, with the consent of (7) The provisions of this clause do not apply to the employer, be shortened by the worker casual workers. giving not less than 14 days' notice in writing stating the period by which the leave (8) A rostered worker, proceeding on sick leave, is to be shortened. shall be' paid the shift and weekend penalties he would have received had he not proceeded on sick (5) Cancellation of Maternity Leave. leave. (a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of a worker terminates other than by 24.—Maternity Leave. the birth of a living child. (1) Eligiblity for Maternity Leave: A worker who (b) Where the pregnancy of a worker then on becomes pregnant shall, upon production to her em- maternity leave terminates other than by ployer of a certificate from a duly qualified medical the birth of a living child, it shall be right of practitioner stating the presumed date of her con- the worker to resume work at a time nomi- finement, be entitled to maternity leave provided nated by the employer which shall not ex- that she has had not less than 12 months' continuous ceed four weeks from the date of notice in service with that employer immediately preceding writing by the worker to the employer that the date upon which she proceeds upon such leave. she desires to resume work. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2315

(6) Special Maternity Leave and Sick Leave. (10) Return to Work After Maternity Leave. (a) Where the pregnancy of a worker not then (a) A worker shall confirm her intention of re- on maternity leave terminates after 28 turning to her work by notice in writing to weeks other than by the birth of a living the employer giving not less than four weeks child then— prior to the expiration of her period of ma- (i) she shall be entitled to such period of ternity leave. unpaid leave (to be known as special (b) A worker, upon the expiration of the notice maternity leave) as a duly qualified required by paragraph (a) hereof, shall be medical practitioner certifies as entitled to the position which she held im- necessary before her return to work, mediately before proceeding on maternity or leave or, in the case of a worker who was (ii) for illness other than the normal transferred to a safe job pursuant to consequences of confinement she subclause (3), to the position which she held shall be entitled, either in lieu of or in immediately before such transfer. Where addition to special maternity leave, to such position no longer exists but there are such paid sick leave as to which she is other positions available for which the then entitled and which a duly quali- worker is qualified and the duties of which fied medical practitioner certifies as she is capable of performing, she shall be en- necessary before her return to work titled to a position as nearly comparable in (b) Where a worker not then on maternity leave status and salary or wage to that of her for- suffers illness related to her pregnancy, she mer position. may take such paid sick leave as to which (11) Replacement Workers. she is then entitled and such further unpaid (a) A replacement worker is a worker specifi- leave (to be known as special maternity cally engaged as a result of a worker pro- leave) as a duly qualified medical prac- ceeding on maternity leave. titioner certifies as necessary before her re- (b) Before an employer engages a replacement turn to work, provided that the aggregate of worker under this subclause, the employer paid sick leave, special maternity leave and shall inform that person of the termporary maternity leave shall not exceed 52 weeks. nature of the employment and of the rights (c) For the purposes of subclauses (7), (8) and of the worker who is being replaced. (9) hereof, maternity leave shall include (c) Before an employer engages a person to re- special maternity leave. place a worker temporarily promoted or (d) A worker returning to work after the transferred in order to replace a worker completion of a period of leave taken pursu- exercising her rights under this clause, the ant to this subclause shall be entitled to the employer shall inform that person of the position which she held immediately before temporary nature of the promotion or proceeding on such leave or, in the case of a transfer and of the rights of the worker who worker who was transferred to a safe job is being replaced. pursuant to subclause (3), to the position (d) Provided that nothing in this subclause she held immediately before such transfer. shall be construed as requiring an employer Where such position no longer exists but there are to engage a replacement worker. other positions available, for which the worker is (e) A replacement worker shall not be entitled qualified and the duties of which she is capable of to any of the rights conferred by this clause performing, she shall be entitled to a position as except where her employment continues be- nearly comparable in status and salary or wage to yond the 12 months' qualifying period. that of her former position. (7) Maternity Leave and Other Leave En- 25.—Annual Leave. titlements: Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof (1) Except as hereinafter provided, a period of four does not exceed 52 weeks— consecutive weeks leave shall be allowed to a worker by his employer after each period of 12 months con- (a) A worker may, in lieu of or in conjunction tinuous service with such employer: Provided that or- with maternity leave, take any annual leave derlies and wardsmaids at Lemnos and Swanbourne- or long service leave or any part thereof to Graylands shall be allowed five weeks leave in lieu of which she is then entitled. the four weeks leave prescribed herein. (b) Paid sick leave or other paid authorised (2) Prior to commencing any period of annual award absences (excluding annual leave or leave, each worker shall be paid for that period of long service leave), shall not be available to leave as follows:— a worker during her absence on maternity leave. (a) At the rate of wage the worker would have received had he not proceeded on leave, in- (8) Effect of Maternity Leave on Employment: cluding any shift and weekend penalties, Notwithstanding any award, or other provision to the provided that: contrary, absence on maternity leave shall not break the continuity of service of a worker but shall not be (i) Where a worker, for the greater taken into account in calculating the period of service portion of the calendar month prior for any purpose of the award. to taking annual leave, performs duties in a classification which, for (9) Termination of Employment. the same year of employment, carries (a) A worker on maternity leave may terminate a higher rates than that which the her employment at any time during the worker usually performs, the rate of period of leave by notice given in accordance wage payable to that higher classifi- with this award. cation shall be deemed to be the rate (b) An employer shall not terminajte the em- of wage the worker would have re- ployment of a worker on the ground of her ceived had he not proceeded on leave. pregnancy or of her absence on maternity (ii) Where is it not possible to calculate leave, but otherwise the rights of an em- the shift and weekend penalties the ployer in relation to termination of employ- worker would have received, the ment are not hereby affected. worker shall be paid at the rate of the 2316 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

average of such payments made each (5) The annual leave prescribed in subclause (1) of week over the four weeks prior to this clause may with consent of the worker and the taking the leave. employer, be taken in two portions provided that no (b) (i) In addition to the rates prescribed in portion shall be less than two consecutive weeks. paragraph (a) of this subclause, a (6) Shift workers (i.e., workers who rotate after- worker shall be paid, where his noon and/or night shift with day shift as defined in weekly entitlement under subclause 2 Clause 16.—Shift Work) shall be granted an ad- (a) of this clause is less than ISTt per ditional week's leave, except in the case of orderlies cent in addition to his weekly rate of and wardsmaids at Lemnos and Swanbourne- pay prescribed by Clause 39.—Wages Graylands: Provided that for workers whose shifts of this award, a loading which will are not subject to regular rotation one working day produce an amount equal to 18% per additional leave (with a maximum of five working cent in addition to the rate of wage days) for each seven weeks actually worked on after- prescribed in Clause 39.—Wages of noon and/or night shift shall be granted; provided this Award. further that workers who have completed 31 weeks (ii) Provided that the maximum loading on afternoon and/or night shift shall be granted the payable for each week of leave shall additional week. not exceed one quarter of the amount set out in the Australian Bureau of (7) When computing the annual leave due under Statistics publication "average this clause, no deduction shall be made from such weekly earnings per male employed leave in respect of the period a worker is on annual unit", in Western Australia for the leave, observing a public holiday prescribed by this September quarter immediately pre- award, absent through sickness with or without pay ceding the date the leave became due, except for that portion of an absence that exceeds provided further that the limitation three months or absent on workers compensation ex- will not affect a worker's entitlement cept for that portion of an absence that exceeds six to any payments by way of shift or months in any year. weekend penalties under this subclause. (8) Before going on annual leave each worker shall (3) Subject as hereinafter provided— be given at least four weeks notice of the date such (a) If after one month's continuous service in leave is to commence. any qualifying 12 monthly period a worker (9) The provisions of this clause shall not apply to lawfully terminates his service or his em- casual workers. ployment is terminated by the employer through no fault of the worker, the worker shall be paid 3.08 hours pay in respect of each completed week of continuous service 26.—Compassionate Leave. in that qualifying period. An employee shall, on the death within Australia of Provided that orderlies and wardsmaids a wife, husband, de facto wife or de facto husband, at Lemnos and Swanbourne-Graylands, a father, father-in-law, mother, mother-in-law, brother, worker provided for in subclause (6) of this sister, child or stepchild, be entitled on notice of clause, shall be paid 3.85 hours pay in re- leave up to and including the day of the funeral of spect of each completed week of service in such relation and such leave shall be without deduc- lieu of the 3.08 hours pay prescribed herein. tion of pay for a period not exceeding the number of (b) If the services of a worker terminate and the hours worked by the employee in two ordinary work- worker has taken a period of leave in according days. Proof of such death to be furnished by the ance with subclause (4) of this clause and if employee to the satisfaction of this employer. the period of leave so taken exceeds that Provided that payment in respect of compassion- which would become due pursuant to para- ate leave is to be made only where the employee graph (a) of this subclause, the worker shall otherwise would have been on duty and shall not be be liable to pay the amount representing the granted in any case where the employee concerned difference between the amount received by would have been off duty in accordance with his/her him for the period of leave taken in accord- roster, or on long service leave, annual leave, sick ance with subclause (4) of this clause and leave, workers' compensation, leave without pay or the amount which would have accrued in ac- on a public holiday. cordance with paragraph (a) of this subclause. The employer may deduct this amount from moneys due to the worker by 27.—Long Service Leave. reason of the other provisions of this award (a) The conditions contained in the document at the time of termination. Long Service Leave Conditions—State Government (c) In addition to any payment to which he may Wages employees as consolidated by the Public Ser- be entitled under this subclause, a worker vice Board in May 1974 and amended in September whose employment terminates after he has 1979 shall apply to workers covered by this award completed a 12 monthly qualifying period with the exception that on and from 1st January, and who has not been allowed the leave pre- 1979 long service leave for the second and subsequent scribed under this award in respect of that period of service shall accrue at the rate of 13 weeks' qualifying period shall be given payment in leave for seven years of continuous service. lieu of that leave unless he has been justifiably dismissed for misconduct and the (b) Any qualifying service prior to 1st January, misconduct for which he has been dismissed 1979 for the second period of long service leave, shall occurred prior to the completion of that be calculated on a 10 year qualifying period basis but qualifying period. all qualifying service after 1st January, 1979 shall be calculated on a seven year qualifying period basis. (4) A worker may, with the approval of the employer, be allowed to take the annual leave prescribed by this clause before the completion of 12 months 28.—Uniforms. continuous service as prescribed by subclause (1) of Uniforms where required shall be ordered within this clause. one month of commencement of regular employment. 23rd November, 1983] W ESI 2317

Uniforms shall be supplied as under:— 29.—Protective Equipment. (1) (a) Mental Health Services Hospitals: (1) Rubber gloves, gowns, masks and ready supply Male Staff:— of suitable disinfectant or antiseptic shall be Gardener: Two serge suits every 16 available to all workers who handle infectious cases months, one oilskin coat every two or patients suspected to be suffereing from any infec- years. tious disease, or who handle soiled or infectious linen. Stewards: Three drill tunics (or white (2) The Board of Reference is hereby assigned the shirts) and two pairs of serge trousers function of determining any dispute between the par- every 16 months and aprons as re- ties in relation to any matter which, under this award quired. may be allowed, approved, fixed, determined, or dealt with by a Board of Reference. Cooks: Four white shirts and four white drill trousers every 12 months, and aprons as required. 34.—Apprentices. Orderlies: (Lemnos and Swanbourne- (1) Subject to the provisions of this clause, the Ap- Graylands Hospitals)—One serge coat prenticeship Regulations, 1972 (hereinafter referred and three serge trousers every 16 to as "the Apprenticeship Regulations"), are incor- months. Waterproof coats shall be pro- porated in and form part of this award. vided to orderlies compelled to work in (2) Apprentices may be taken to the trade of the rain. Aprons as required, cooking. (b) Swanbourne-Graylands Hospital: (3) Apprentices may be taken in the ratio of one (i) Hygiene Orderlies and apprentice for every two or fraction of two (the frac- Handymen: Two sets of overalls tion being not less than one) journeymen and shall be every 12 months. not taken in excess of that ratio unless— (ii) Female Staff:— (a) the union concerned so agree; or Housekeepers: Four dresses, six (b) the Commission so determines after receiv- aprons every 16 months. ing a report from the appropriate Appren- Seamstress: Three dresses every 16 ticeship Advisory Board; or months. (c) the Commission so determines pursuant to Laundress: Four dresses, one sun regulation 39 of the Apprenticeship Regu- hat, six aprons every 16 months. lations. (Waterproof cloaks and boots to (4) Except as hereinafter provided every agree- be provided for laundry use when ment of apprenticeship shall be for a period of four required in connection with laun- years unless, with the approval of the Commission, dry work). that period is reduced or deemed to have been com- Housemaids: Four dresses, six menced prior to the date of the agreement, provided aprons every 16 months. that— (a) where the apprentice has completed the Uth year of schooling and has obtained the (2) Country Hospitals: Orderlies: Two pair of High School Certificate or Junior Certificate khaki trousers and three khaki shirts shall of the Public Examinations Board or the be supplied to orderlies required to work in Achievement Certificate from the Board of or around the wards, or who come in contact Secondary Education in such subjects as the with the public. Replacements shall be sup- appropriate Apprenticeship Advisory Board plied as required at the discretion of the determines and has the vocational aptitude hospital. for the trade concerned, he may be allowed a credit to reduce the period to three and a half years; and (3) All Hospitals: All uniforms shall be supplied (b) where the apprentice has completed the free of cost to all workers required to wear 12th year of schooling and has obtained the them and shall at all times remain the prop- High School Certificate or Leaving erty of the employer. Uniform replacement Certificate of the Public Examinations shall be supplied as required at the dis- Board in such subjects as the appropriate cretion of the employer. Aprons shall be Apprenticeship Advisory Board determines supplied to all female workers on the and has the vocational aptitude for the trade kitchen and general staff. concerned, he may be allowed a credit to reduce the period to three years; (4) General: (c) Apprentices registered on either four or (a) Suitable clothing shall be provided three and a half year terms may, on satisfac- for all men on "Dirty work". torily completing their certificate of Trade Studies, apply to the appropriate Appren- (b) Boots and waterproof aprons shall be ticeship Advisory Board for a reduction in available for kitchenmen, laun- their term of apprenticeship. The maximum drymen, and wash-house women reduction allowable shall be— where such are necessary as protection against wetness. (i) twelve months in the case of apprentices registered on four year terms; (c) At any hospital where staff, either male or female are required to work (ii) six months in the case of apprentices in the rain, they shall be provided registered on three and a half year with waterproof coats. term. (d) All washable clothing forming part of In no case shall reductions exceed the balance of the the uniforms supplied by the em- term to be served. ployer shall be laundered free of cost (5) Where classes are provided by the Technical to the worker: Provided that in lieu of Education Division of the Education Department in such free laundering the employer the locality in which the apprentice is employed, the may pay the worker 60 cents per week hours of attendance at such classes shall be:— to partly cover the cost of the same. eight hours a week for three school years. 2318 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

(6) Apprentices Wages: The weekly rate shall be a (4) On termination of employment the employer percentage of the tradesman's rate as under— shall pay to the worker all moneys payable to that worker before the worker leaves the hospital or the same shall be forwarded to the worker by post on the following day. (5) If a worker fails to collect his wages on the appointed day, such wages shall thereafter be available (a) Four year term for collection at previously notified times during First year 42 office hours. Second year 55 Third year 75 Fourth year 88 39.—Wages. (b) Three and a half year term The minimum rate of wage per week payable under First six months 42 this award shall be as follows:— Next year 55 Part 1—Hospital Workers: $ Next following year 75 Group 1—Comprehends the following Final year 88 classes of work: (c) Three year term Butchers Assistant (R.P.H.) First year 55 Carpark Attendant Second year 75 Cleaner Third year 88 Domestic Maid (d) For the purposes of this part "Tradesman's Gardener (other) Rate" means the rate of wage, payable to a Housemaid "Tradesman Cook", as prescribed in Clause Ironer and Presser 39.—Wages, of this award. Kitchenmaid Kitchenman Laboratory Attendant (Grade 1) 35.—Part-Time Workers. Laundry Worker (1) Notwithstanding anything contained in this Orderly (Other) award, workers may be regularly employed to work Pantrymaid less hours per week than are prescribed in Clause Waitress 6.—Hours hereof, and such workers shall be re- Wardsmaid munerated at a weekly rate pro rate to the rate pre- 1st year of employment 227.90 scribed for the class of work on which they are en- 2nd year of employment 231.20 gaged, in the proportion which their hours of work 3rd year of employment and bear to the hours fixed by Clause 6.—Hours hereof thereafter 234.00 for their class of work. Group 2—Comprehends the following (2) The secretary of the Union shall be advised classes of work: within seven days of any part-time position created Animal House Attendant (Grade after the date of this award. 1) (3) Any dispute as to whether a part-time position Cafeteria Assistant (R.P.H.) is necessary shall be referred to a Board of Reference. Canteen Attendant (P.M.H.) Dry Cleaner First Laundress (Country Hospi- 36.—Under-Rate Workers. tals—Where more than the em- (1) Any worker who by reason of old age or infirm- ployed) ity is unable to earn the minimum wage may be paid Gardener (only one employed) such lesser wage as may from time to time be agreed Gardener and Propagator (Sunset) upon in writing between the union and the employer. House Mother (Mt Henry, (2) In the event of no agreement being arrived at Bunbury, Albany) the matter may be referred to the Board of Reference Hygiene Orderly (no driv- for determination. ing—R.P.H.) Orderly (Handling Patients) (3) After application has been made to the Board, Senior Gardener (R.P.H.) and pending the Board's decision, the worker shall be Steward (Sunset, Swanbourne- entitled to work for and be employed at the proposed Graylands) lesser rate. Theatre Assistant (1st year R.P.H.) 37.—Board and Lodging. Ward Assistant (P.M.H.) Where the employer elects to provide Board and/or Washing Machine Hands Lodging to workers under the Award the provisions (including Hydros) of the Board and Lodging (Public Hospitals) Award 1st year of employment 231.70 No. 16 of 1978 will apply. 2nd year of employment 235.20 3rd year of employment and thereafter 238.20 38.—Payment of Wages. Group 3—Comprehends the following (1) Wages shall be paid fortnightly. Overtime and classes of work: penalty rates where applicable shall be paid at least C.S.S.D. Assistant (1st year) monthly. C.S.S.D. Orderly (R.P.H. 1st year) (2) Accompanying each payment of wages there Gardener and Propagator (Mental shall be a pay advice slip to be retained by the Health) worker. On this slip the employer shall clearly detail Hydrotherapy Attendant (1st the gross wages, where practical its composition, the year) net wages payable and show details of each deduc- Shaving Orderly (R.P.H., tion. Fremantle) (3) Overtime shall be calculated and based on the Theatre Assistant (Thereafter aggregate wage as provided in the wages clause before - R.P.H.) any deduction is made for board and/or lodging. Theatre Orderly (1st year R.P.H.) 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

S.C.G.H., Osborne Park Hospital Assistant Supervisor Cleaning Ser- and Bicton Annexe) vices (Swanbourne/Graylands) Theatre Orderly (Fremantle, Prin- 1st year of employment 261.30 cess Margaret Hospital and 2nd year of employment 264.80 King Edward Memorial Hospi- 3rd year of employment and tal) thereafter 267.40 Handyman Group 3—Comprehends the following Call Room Orderly (R.P.H.) classes of work: Farm Assistant (Quo Vadis, Assistant Housekeeper Whitby Falls) (Fremantle) 1st year of employment 237.90 Cafeteria Supervisor (R.P.H.) 2nd year of employment 241.20 Deputy Head Orderly (S.C.G.H.) 3rd year of employment and Dining Room Supervisor (P.M.H., thereafter 244.20 K.E.M.H. and R.P.H.) Head Orderly (Mt Henry) Group 4—Comprehends the following Housekeeper (Country Hospi- classes of work: tals—under 20 beds) Animal House Attendant (Grade Head Gardener (P.M.H., 2) Fremantle S.C.G.H. and C.S.S.D. Assistant (Thereafter) K.E.M.H.) C.S.S.D. Orderly (Thereafter— Cleaning Services Supervisor R.P.H.) (Heathcote, Lemnos, Pyrton) Drycleaner (Swanbourne- 1st year of employment 273.40 Graylands) 2nd year of employment 276.30 Hydrotherapy Attendant (There- 3rd year of employment and after) thereafter 279.30 Hygiene Orderly (Driving— Group 4—Comprehends the following R.P.H.) classes of work: Laboratory Attendant (Grade 2) Assistant Housekeeper (S.C.G.H.) Theatre Orderly Head Orderly (K.E.M.H.) (Thereafter—R.P.H., _ S.C.G.H. Housekeeper (Mt Henry, Pyrton) Osborne Park and Bicton An- Housekeeper (Country Hospi- nexe) tals—20 beds and over) 1st Year of employment 241.90 Laundry Foreman (Narrogin) 2nd year of employment 245.10 Cleaning Services Supervisor 3rd year of employment and (Port Hedland) thereafter 247.80 1st year of employment 285.50 2nd year of employment 288.60 Part 2—Supervisory Hospital Workers: 3rd year of employment and Group 1—Comprehends the following thereafter 291.20 classes of work: Group 5—Comprehends the following Central Linen Room Supervisor classes of work: (R.P.H.) Assistant Head Orderly (R.P.H.) Deputy Head Orderly (other Hos- Head Orderly (P.M.H. Fremantle, pitals) Sunset and R.P.H.) Head Gardener (Sunset, Housekeeper (Olive Jones Nurse Manjimup and Narrogin) Home) Housemaid Supervisor (Pyrton) Housekeeper (Fremantle Hospi- Linen Services Supervisor tal) (Fremantle, K.E.M.H.) Linen Room and Despatch Super- Linen Room Supervisor visor (Swanbourne-Graylands) (Heathcote and Lemnos) Linen Services Supervisor Trainee Food Supervisor (R.P.H.) (P.M.H.) Seamstress Supervisor (Pyrton) Linen Supervisor (S.C.G.H.) Seamstress Supervising Patients (Mental Health) 1st year of employment 297.40 Assistant Dining Room Supervisor 2nd year of employment 300.60 (R.P.H.) 3rd year of employment and thereafter 303.30 1st year of employment 249.20 2nd year of employment 252.70 Group 6—Comprehends the following 3rd year of employment and classes of work: thereafter 255.80 Head Orderly (S.C.G.H.) 1st year of employment 330.40 2nd year of employment 335.10 Group 2—Comprehends the following 3rd year of employment and classes of work: thereafter 340.10 Cafeteria Supervisor (P.M.H.) Canteen Supervisor (P.M.H.) Part 3—Cooks: Cleaning Services Supervisor (a) Cook (Other)— (K.E.M.H.) 1st year of employment 240.80 Deputy Head Orderly (major 2nd year of employment 244.20 metro. Hospitals) 3rd year of employment and Head Gardener (Kalgoorlie, thereafter 246.80 Bunbury, and Geraldton) (b) Cook (only one employed) Laundry Foreman (Geraldton) 1st year of employment 244.40 Laundry Supervisor (P.M.H.) 2nd year of employment 247.50 Pantry Supervisor (K.E.M.H.) 3rd year of employment and Projectionist thereafter 250.50 2320 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

(c) Second Cooks (Other Hospitals in- Part 5—Trade Classification: cluding the Ancillary Services of (a) First Butcher, where appointed as Fremantle Hospital and R.P.H.)— such— 1st year of employment 258.50 1st year of employment 278.80 2nd year of employment 262.10 2nd year of employment 283.20 3rd year of employment and 3rd year of employment and there- thereafter 265.10 after 287.40 (d) Second Cook (R.P.H., S.C.G.H., (b) Butcher, where appointed as such— Fremantle, P.M.H., K.E.M.H., and 1st year of employment 275.00 Swanbourne-Graylands) 2nd year of employment 279.30 1st year of employment 278.80 3rd year of employment and there- 2nd year of employment 282.00 after 283.40 3rd year of employment and (c) Carpenter (Fremantle and Mental thereafter 285.10 Hospitals) 1st year of employment 266.20 (e) First Cook (Other Hospitals includ- 2nd year of employment 270.80 ing Ancillary Services of Fremantle 3rd year of employment and there- Hospital and R.P.H.) after 275.00 1st year of employment 275.10 2nd year of employment 278.50 (d) Bootmaker— 3rd year of employment and 1st year of employment 269.80 thereafter 281.10 2nd year of employment 274.90 3rd year of employment and there- (f) First Cook (R.P.H., S.C.G.H., after 278.80 Fremantle, P.M.H., K.E.M.H., and (e) Horticulturist Swanbourne-Graylands) 1st year of employment 266.20 1st year of employment 285.80 2nd year of employment 270.80 2nd year of employment 288.80 3rd year of employment and there- 3rd year of employment and after 275.00 thereafter 291.60 (g) Chef (Other Hospitals including the Part 6—Junior Hospital Workers: The minimum Ancillary Services at R.P.H.) rate of wage payable to Junior Workers engaged in a 1st year of employment 300.60 classification prescribed by parts 1, 2, 3, 4A and 7 of 2nd year of employment 305.10 this clause shall be the following percentage of the 3rd year of employment and prescribed wage during the first year of employment thereafter 309.60 for an adult worker doing the same class of work. Junior Workers: % (h) Chef (R.P.H., M.H.S.) Under 17 years of age 60 1st year of employment 312.50 Under 18 years of age 70 2nd year of employment 317.00 Under 19 years of age 80 3rd year of employment and At 19 years of age 100 thereafter 321.60 Provided that a tradesman Cook Part 7- -Drivers of Motor Vehicles: as herein defined shall not be paid (a) (i) Under 1.2 tonnes capacity— less than— 1st year of employment 247.50 1st year of employment 281.70 2nd year of employment 250.30 2nd year of employment 286.30 3rd year of employment and 3rd year of employment and thereafter 252.70 thereafter 290.00 (ii) Exceeding 1.2 tonnes capacity but not exceeding 3 tonnes ca- 'art 4—Miscellaneous Hospital Workers: pacity— (a) (i) Seamstress (Other)— 1st year of employment 250.70 1st year of employment 230.10 2nd year of employment 253.60 2nd year of employment 233.40 3rd year of employment and 3rd year of employment and thereafter 256.00 thereafter 236.30 (iii) Exceeding 3 tonnes capacity— (ii) Seamstress on alterations— 1st year of employment 253.60 1st year of employment 231.20 2nd year of employment 256.30 2nd year of employment 234.60 3rd year of employment and 3rd year of employment and thereafter 258.70 thereafter 237.60 (b) Bus Driver— (iii) Seamstress who cuts and fits— (i) Under 25 passengers— 1st year of employment 235.50 1st year of employment 252.30 2nd year of employment 238.90 2nd year of employment 255.20 3rd year of employment and 3rd year of employment and thereafter 242.00 thereafter 257.60 (b) Telephonists and Receptionist (ii) 25 passengers and over— (Swanbourne-Graylands). The rates 1st year of employment 257.70 payable from time to time to tel- 2nd year of employment 260.40 ephonists in the Public Service shall 3rd year of employment and apply. thereafter 262.90 (c) Rehabilitation Assistants (A.D.A.— Part 8—Storemen Quo Vadis) Grade 1 1st year of employment 278.30 1st year of employment 258.50 2nd year of employment 282.10 2nd year of employment 261.40 3rd year of employment and there- 3rd year of employment and thereafter 286.10 after 264.00 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2321

$ The Board of Management, Bridgetown District Hos- Grade 2—(Pharmacy Storeman pital, Peninsula Road, Bridgetown, W.A. 6255. S.C.G.H., Engineers' Storemen The Board of Management, Harvey District Hospi- Swanbourne-Graylands) tal, Hayward Street, Harvey, W.A. 6220. 1st year of employment 262.00 The Board of Management, Murray District Hospi- 2nd year of employment 265.70 tal, McKay Street, Pinjarra, W.A. 6208. 3rd year of employment and there- The Board of Management, Ord Street Hospital, 15 after 268.20 Ord Street, West Perth, W.A. 6005. Grade 3—(Engineering Storeman— The Board of Management, Warren District Hospi- Fremantle, Storeman in Charge— tal, Hospital Avenue, Manjimup, W.A. 6258. R.P.H. Clothing Store) The Board of Management, Bentley Hospital, Mills 1st year of employment 265.90 Street, Bentley, W.A. 6102. 2nd year of employment 268.30 The Board of Management, Carnarvon Regional 3rd year of employment and there- Hospital, Cleaver Street, Carnarvon, W.A. 6701. after 272.00 The Board of Management, Esperance District Hos- pital, Hicks Street, Esperance, W.A. 6450. Part 9—General Conditions: The Board of Management, Margaret River District (a) Except as hereinafter provided; Hospital, Wall cliff Road, Margaret River, W.A. The total wages prescribed in parts 1, 2, 3, 6285. 4 (a) and 5(a), (b) and (d) hereof shall be The Board of Management, Perth Dental Hospital, varied to the extent of any addition to or 196 Goderich Street, Perth, W.A. 6000. subtraction from the basic wage fixed from The Board of Management, Kalamunda District Community Hospital, Elizabeth Street, time to time for males by the Western Aus- Kalamunda, W.A. 6076. tralian Industrial Commission and which at The Board of Management, Quo Vadis Hospital, Ad- the date of this Order is $48.50. miral Road, Byford, W.A. 6201. (b) Casual workers shall be paid at the rate of The Board of Management, Broome District Hospi- twenty per cent (20 %) in addition to the tal, Broome, W.A. 6725. rates herein prescribed. The Board of Management, Geraldton Regional Hos- (c) Except where this clause specifies classifi- pital, Shenton Street, Geraldton, W.A. 6530. cations which require the worker to be in The Board of Management, Narrogin Regional Hos- charge of other workers, any worker who is pital, Williams Road, Narrogin, W.A. 6312. placed in charge of The Board of Management, Port Hedland Regional (i) not less than three and not more than Hospital, Kingsmill Street, Port Hedland, W.A. 10 other workers shall be paid $8.60 6721. per week in addition to the ordinary The Board of Management, Sandstone, Nursing wage prescribed by this clause, Post, Sandstone, W.A. 6639. (ii) more than 10 and not more than 20 The Board of Management, The Mount Hospital, 253 other workers shall be paid $13.00 per St. George's Terrace, Perth, W.A. 6000. week in addition to the ordinary wage The Board of Management, Osborne Park Hospital, prescribed by this clause, Osborne Place, Stirling, W.A. 6021. The Board of Management, Fremantle Hospital, (ill) more than 20 other workers shall be Alma Street, Fremantle, W.A. 6160. paid $17.40 per week in addition to The Board of Management, Bruce Rock Memorial the ordinary wage prescribed by this Hospital, 1 Buller Road, Bruce Rock, W.A. 6418. clause. The Board of Management, North Midlands District (d) In this clause the term "year of employ- Hospital, Three Springs Hospital, Three ment" shall mean year of employment with Springs, W.A. 6519. the employing hospital. The Board of Management, Albany Regional Hospi- tal, Hardie Road, Albany, W.A. 6330. Schedule of Respondents. The Board of Management, Dampier District Hospi- tal, Dampier, W.A. 6713. Hon. Minister for Health. The Board of Management, Mount Henry Hospital, The Board of Management, Royal Perth Hospital, Cloister Avenue, Como, W.A. 6152. Wellington Street, Perth, W.A. 6000. The Board of Management, Swan District Hospital, The Board of Management, Princess Margaret Hos- Eveline Road, Middle Swan, W.A. 6056. pital, Thomas Street, Subiaco, W.A. 6008. The Board of Management, Rockingham-Kwinana The Board of Management, Aston Recovery Hospi- District Hospital, Elanora Drive, Rockingham, tal, 79 Colin Street, West Perth, W.A. 6005. W.A. 6168. The Board of Management, Corrigin District Hospi- The Board of Management, Northam Regional Hos- tal, Corrigin, W.A. 6375. pital, Northam, W.A. 6401. The Board of Management, Mukinbudin District The Board of Management, Tambellup Nursing Hospital, Mukinbudin, W.A. 6479. Post, Taylor Street, Tambellup, W.A. 6320. The Board of Management, "Numbala-Nunga", The Board of Management, Sunset Hospital, Derby Nursing Home, Derby, W.A. 6728. Beatrice Road, Dalkeith, W.A. 6009. The Board of Management, Southern Cross District The Board of Management, Woodside Maternity Hospital, Southern Cross, W.A. 6426. Hospital, 180 Dalgety Street, Fremantle, W.A. The Board of Management Armadale-Kelmscott Dis- 6160. trict Hospital, Albany Highway, Armadale, W.A. 6112. Dated at Perth this 21st day of December, 1966. The Board of Management, Bunbury Regional Hos- pital, Blair Street, Bunbury, W.A. 6230. The Board of Management, Derby Regional Hospi- tal, Derby, W.A. 6728. The Board of Management, Kalgoorlie Regional Hos- pital, Kalgoorlie, W.A. 6430. The Board of Management, Sir Charles Gairdner Hospital, Verdun Street, Nedlands, W.A. 6009. The Board of Management, King Edward Memorial Hospital, Bagot Road, Subiaco, W.A. 6008. 2322 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

TIN MINING. (2) The employer shall be under no obligation to Award No. 14 of 1971. pay for any day not worked upon which the worker is required to present himself for duty, except where 1.—Title. such absence from work is due to illness and comes This award shall be known as the Tin Mining within the provisions of Clause 17.—Absence Award, 1972, as amended and consolidated. Through Sickness or such absence is on account of holidays to which the worker is entitled under the 2.—Arrangement. provisions of this Award. 1. Title. (3) The employer shall be entitled to deduct pay- 2. Arrangement. ment for any day or portion of a day upon which the 3. Area. worker cannot be usefully employed because of any 4. Scope. strike or through the breakdown of the employer's 5. Term. machinery or any stoppage of work by any cause 6. Contract of Service. which the employer cannot reasonably prevent. 7. Higher Duties. (4) (a) On the first day of engagement, a worker 8. Hours. shall be notified by his employer or by the employer's 9. Overtime. representative whether the duration of his employ- 10. Shiftwork. ment is expected to exceed one month, and if he is 11. Saturday Work. hired as a casual worker, he shall be advised accord- 12. Sunday and Holiday Work. 13. Payment of Wages. ingly. 14. Time and Wages Record. (b) A worker shall, for the purposes of this award, 15. Holidays. be deemed to be a casual worker— 16. Annual Leave. (i) if the expected duration of the employment 17. Absence Through Sickness. is less than one month; or 18. First Aid. (ii) if the notification referred to in paragraph 19. Distant Work. (a) of this subclause is not given and the 20. Posting of Notices. worker is dismissed through no fault of his 21. Long Service Leave. own within one month of commencing em- 22. Interviewing Workers. ployment. 23. Definitions. 24. Special Provisions. 24A. Clothing Allowance and Safety Boots. 25. Maximum Rates. 7.—Higher Duties. 26. Wage Rates. (1) A worker engaged on duties carrying a higher 27. Accident Pay. rate than his ordinary classification shall be paid the 28. District Allowance. higher rate for the period he is so engaged, but if he is 29. Mess Personnel. so engaged for more than two hours of one day or 30. Fares and Travelling Time. shift he shall be paid the higher rate for the whole 31. Minimum Wage. day or shift. 32. Bereavement Leave. (2) Any worker regularly engaged in relieving work 33. Jury Service. shall be paid the highest rate applicable to the class 34. Service Payments. of work upon which he is so employed during any day Schedule of Respondents. or shift.

3.—Area. 8.—Hours. This award shall have effect throughout the State (1) Day Workers. of Western Australia. (a) Subject to the provisions of this subclause, the ordinary working hours of day workers 4.—Scope. shall be 40 per week to be worked eight This award shall apply to workers eligible for mem- hours per day between 7.00 a.m. and 5.00 bership of the union and employed in or in connec- p.m. Monday to Friday inclusive tion with the Tin Mining operations. (b) Starting or finishing times other than those prescribed in paragraph (a) of this subclause may, in any particular case, be fixed by 5.—Term. agreement between the employer concerned The term of this award shall be for a period of and the union. three years from the beginning of the first pay period (c) The ordinary working hours shall be con- commencing on or after the date hereof. (This award secutive except for a meal interval which was delivered on 28th April, 1972.) shall not be more than one hour, nor less than 30 minutes. (2) Shift Workers. 6.—Contract of Service. (a) The ordinary working hours of shift workers (1) Except in the case of a casual worker, whose en- shall be— gagement shall be by the hour, the contract of hiring of every worker, shall be by weekly contract termin- (i) in the case of continuous or seven day able by one week's notice on either side, given on any shift workers—80 per fortnight, to be working day or in the event of such notice not being worked in shifts of eight hours; and given, by the payment of one week's pay by the em- (ii) in other cases—40 per week to be ployer or forfeiture of one week's pay by the worker. worked in shifts of eight hours. Provided that for the first month of employment For the purposes of this paragraph a fort- the contract of service shall be by the day terminable night means the two-weekly pay period or, lay one day's notice on either side or by the payment where wages are paid weekly, any two con- or forfeiture of one day's pay. secutive weekly pay periods. Provided further that the employer may, at any (b) (i) Subject to the provisions of this para- time, dismiss a worker for misconduct, in which case graph each shift worker shall he al- wages shall be paid up to the time of dismissal only. lowed time for crib in each shift as 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2323

nearly as practicable to the middle of shall, subject to this paragraph, be re- the shift but dependent upon the leased after completion of such plant requirements from day to day. overtime until he has had 10 consecu- (ii) On a three shift system, but not tive hours off duty without loss of pay otherwise, the crib time shall be for ordinary working time occurring counted as time worked and shall be during such absence; twenty minutes. In other cases, the (iii) if, on the instructions of his employer, crib time shall be not less than thirty such a worker resumes or continues minutes more than one hour. work without having had such 10 con- (iii) The crib time shall commence no secutive hours off duty, he shall be later than five and one half hours paid at double rates until he is re- after the commencement of the shift. leased from duty for such period and (c) Where a three shift system is not being he shall then be entitled to be absent worked the ordinary hours shall be consecu- until he has had 10 hours off duty tive except for crib time. without loss of pay for ordinary working time occurring during such ab- (d) A tea break of seven minutes shall be allowed to workers during the first half of sence; each shift. (iv) where a worker (other than a casual worker or a worker engaged on continuous shift work), is called in to 9.—Overtime. work on a Sunday or public holiday (1) Day Workers. preceding an ordinary working day, (a) Subject to the provisions of subclause (3) of he shall, wherever reasonably practi- this clause, all time worked outside or in ex- cable, be given 10 consecutive hours cess of the ordinary working hours on any off duty before his usual starting time day Monday to Friday inclusive shall be on the next day. If this is not practi- paid for at the rate of time and one-half for cable, then the provisions of the first two hours and double time there- subparagraphs (ii) and (iii) of this after. paragraph shall apply mutatis (b) Where a day worker is required for duty mutandis. during his usual meal time and his meal (v) The provisions of this clause shall time is thereby postponed for more than one apply in the case of shift workers who hour, he shall be paid at overtime rates until rotate from one shift to another, as if he gets a meal break of the customary eight hours were substituted for ten period. hours when overtime is worked— (2) Shift Workers. (aa) for the purpose of changing (a) Subject to the provisions of paragraph (c) of shift rosters; or this subclause all time worked by a continu- (bb) where a shift worker does not ous shift worker in excess of the ordinary report for duty; or hours as prescribed or on a shift other than (cc) where a shift is worked by ar- a rostered shift shall be paid for at the rate rangement between the of double time, except where such a worker workers themselves. is called upon to work a regularly rostered overtime shift in not more than one week in (b) (i) When a worker is recalled to work any four weeks, when he shall be paid for overtime after leaving the job (whether such shift at time and one-half for the first notified before or after leaving the two hours and double time thereafter. premises)— (b) All time worked by a shift worker other than (aa) he shall be paid for at least a continuous shift worker in excess of the or- three hours at the appropriate dinary hours as prescribed shall be paid at rate for each such occasion but the rate of time and one-half for the first not more than once in respect two hours and double time thereafter. of any period of time; (c) Time worked in excess of the ordinary work- (bb) except in the case of unfore- ing hours shall be paid for at ordinary seen circumstances arising, he rates— shall not be required to work (i) if it is due to private arrangements the full three hours if the job between the workers themselves; he was to perform is completed (ii) if it does not exceed two hours and is within a shorter period. due to a relieving man not coming on Provided that subparagraphs (aa) duty at the proper time; or and (bb) shall not apply in cases (iii) if it is for the purpose of effecting the where it is customary for a worker to customary rotation of shifts. return to the employer's premises to (3) All Workers: perform a specific job outside his or- (a) (i) When overtime work is necessary it dinary working hours or where the shall, wherever reasonably practi- overtime is continuous (subject to a cable, be so arranged that workers reasonable meal break), with the have at least 10 consecutive hours off completion or commencement of or- duty between the work of successive dinary working time. days; (ii) Overtime worked in the circum- (ii) a worker (other than a casual worker) stances specified in subparagraph (i) who works so much overtime between of this paragraph shall not be re- the termination of his ordinary work garded as overtime for the purposes on one day and the commencement of of paragraph (a) of this subclause his ordinary work on the next day where the actual time worked is less that he has not at least 10 consecutive than three hours on such recall or on hours off duty between those times each such recalls. 2324 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

(c) Subject to the provisions of paragraph (d) of shifts weekly and to have their days off, if such ros- this subclause, a worker required to work tered relief worker is not required to work more night overtime for more than two hours shall be shifts or more afternoon shifts than the number of supplied with a meal by the employer or be day shifts worked by him. paid $2.50 for a meal, and if, owing to the (4) (a) Where any particular process is carried out amount of overtime worked, a second or on shifts other than day shifts, and less than five con- subsequent meal is required, he shall be secutive afternoon or five consecutive night shifts are supplied with each such meal by the em- worked on that process, then workers employed on ployer or be paid $1.25 for each meal so re- such afternoon or night shifts shall be paid at quired. overtime rates. (d) The provisions of paragraph (c) of this (b) The sequence of work shall not be deemed to be subclause do not apply— broken under the preceding paragraph by reason of (i) in respect of any period of overtime the fact that work on the process is not carried out on for which the worker has been noti- a Saturday or Sunday or on any public holiday. fied on the previous day or earlier (5) (a) A worker who replaces a regular shift worker that he will be required; or who is absent for any reason beyond the control of (ii) to any worker who lives in the locality the employer, on afternoon or night shift, shall be in which the place of work is situated paid at the rate of time and one-quarter if he does in respect of any meal for which he not work for five consecutive shifts (other than day can reasonably go home. shift) and the appropriate shift work rate if he works (e) Where a worker, as a consequence of receiv- five or more of such shifts consecutively. ing the notice referred to in paragraph (d) (b) A worker who replaces on afternoon or night (i) of this subclause, has provided himself shift, a regular shift worker who is absent by reason with a meal or meals and is not required to of a direction of the employer, shall be paid at work overtime or is required to work less overtime rates unless he works the number of con- overtime than the period notified he shall be secutive shifts prescribed in the next preceding para- paid for each meal provided and not re- graph. quired the appropriate amount prescribed (c) The sequence of consecutive shifts shall not be in paragraph (c) of this subclause. deemed to be broken under paragraph (a) by reason (f) A worker shall not be compelled to work for of rostered days off in respect to workers employed more than five and one-half hours without a on continuous process work or by a Saturday or break for a meal Sunday in respect to other workers or by any public (g) In computing overtime each day shall stand holiday or any other reason beyond the control of the alone but when a worker works overtime employer. which continues beyond midnight on any day, the time worked after midnight shall be 11.—Saturday Work. deemed to be part of the previous day's (1) Day Workers; All time worked by workers other work for the purpose of this subclause. than shift workers on Saturday shall be paid for at (h) (i) An employer may require any worker to the rate of time and one-half for the first two hours work reasonable overtime at overtime and double time thereafter. Provided that all work rates and such worker shall work performed after 12 noon shall be paid for at the rate overtime in accordance with such re- of double time. quirement; (2) Shift Workers: (ii) subject to the provisions of the Mines (a) All time worked by shift workers during or- Regulations Act 1946-1969, no worker dinary hours on Saturdays shall be paid for covered by this award shall, by collec- at the rate of time and one-half. This rate tive action, be a party to any ban on shall be in lieu of the shift allowance pre- overtime. scribed in subclause (2) of Clause 10.—Shift (4) Overtime on shift work shall be based on the Work, or this award. rate payable for shift work. (b) All time worked by shift workers other than continuous shift workers outside ordinary hours on Saturdays shall be paid for at the 10.—Shift Work. rates prescribed in subclause (1) of this (1) The provisions of this clause apply to shift work clause. whether continuous or otherwise. (c) All time worked by continuous shift workers (2) A shift worker shall, in addition to his ordinary outside ordinary hours on Saturday shall be rate, be paid per shift of eight hours at the rate of paid for at the rate of double time. $3.56 when on afternoon or night shift. (3) (a) A worker who does not work at least one 12.—Sunday and Holiday Work. week on day shift out of each consecutive three weeks (1) Day Workers and Shift Workers (Other than shall be paid for each shift other than day shift at the Continuous Shift Workers): rate of time and one quarter. Provided that if he is (a) All time worked on Sundays shall be paid required to work for more than one week consecu- for at the rate of double time. tively on afternoon shift, or for more than one week consecutively on night shift, such a worker shall be (b) All time worked on any day prescribed as a paid at the rate of time and one-quarter for each shift holiday under this award shall be paid for at other than day shift in the' consecutive second and the rate of double time and a half. subsequent weeks of afternoon shift or of night shift. (2) Continuous Shift Workers: (b) This subclause shall not apply to workers em- (a) All time worked by continuous shift workers ployed on what is known as the Great Boulder Roster during ordinary hours on Sundays shall be or accepted variations thereof, nor to workers to paid for at the rate of time and three-quar- whom this subclause would otherwise apply because ters. This rate shall be in lieu of the shift al- of a change of shift due to a private arrangement with lowances prescribed in subclause (2) of another worker, nor to workers (known as "rostered Clause 10.—Shift Work of this award. relief workers"), regularly employed on continuous (b) All time worked by continuous shift workers process work who are required to work shifts to en- outside the ordinary hours on Sundays shall able other workers engaged on such work to change be paid for at the rate of double time. 23rd November, 1983] W 2325

(c) All time worked by continuous shift workers (2) A worker who is absent from work without during ordinary hours on any of the holidays leave and without reasonable excuse on the working prescribed in Clause 15.—Holidays of this day succeeding a day observed as a holiday pursuant award, shall be paid for at the rate of double to this clause is not entitled to payment for that time. This rate shall be paid for in lieu of the holiday. shift allowances prescribed in subclause (2) (3) This clause does not apply to casual workers. of Clause 10.—Shift Work of this award. (d) All time worked by continuous shift workers outside ordinary hours on any of the holidays prescribed in Clause 15.—Holidays of 16.—Annual Leave. this award, shall be paid for at the rate of (1) (a) Except as hereinafter provided a period four double time and a half. consecutive weeks' leave with payment as prescribed in paragraph (b) hereof, shall be allowed annually to (e) A continuous shift worker rostered off on a worker by his employer after a period of 12 months' any of the holidays prescribed in Clause continuous service with such employer which is com- 15.—Holidays of this award, shall be paid pleted on or after 1st December, 1974. Provided that eight hours pay at ordinary rates. workers employed north of south latitude 26° shall be allowed one additional week's leave. With respect to a period of 12 months' continuous 13.—Payment of Wages. service which is completed before 1st December, (1) Wages shall be paid weekly or fortnightly at the 1974, a worker shall be allowed: option of the employer. (i) Three consecutive weeks' leave with pay- (2) Any worker, on lawful termination of his em- ment of ordinary wages as prescribed if that ployment, shall be paid the full amount due to him period is completed before 1st August, 1974; within one hour of ceasing work, or within one hour (ii) three consecutive weeks' and one day's leave of the opening of the pay office if such office was with payment of ordinary wages as pre- closed at the time of his ceasing work. scribed if that period is completed before 1st (3) On or before payment of wages the worker shall September, 1974; be issued with a slip showing the gross amount of wages and allowances, if any, due to him and any (iii) three consecutive weeks' and two days' leave other deductions therefrom, the total number of with payment of ordinary wages as pre- hours worked including the number of overtime scribed if that period is completed before 1st hours, and the rate at which such overtime is paid. October, 1974; (iv) three consecutive weeks' and three days' leave with payment of ordinary wages as prescribed if that period is completed before 14.—Time and Wages Record. 1st November, 1974; (1) Each employer shall keep a time and wages (v) three consecutive weeks' and four days' book showing the name of each worker and the leave with payment of ordinary wages as nature of his work, the starting and finishing times prescribed if that period is completed before on each day, the hours worked each day, and the 1st December, 1974. wages and allowances paid each week. Any system of automatic recording by means of machines shall be (b) (i) A worker before going on leave shall be deemed to comply with this provision to the extent of paid the wages he would have received in the information recorded. respect of the ordinary time he would have worked had he not been on leave (2) The time and wages record shall be open for the during the relevant period. inspection by a duly accredited official of the union, during the usual office hours, at the employer's office (ii) Subject to paragraph (c) hereof a worker or other convenient place, and such official shall be shall, where applicable, have the amount at liberty to take extracts therefrom. If for any reason of wages to be received for annual leave, the record be not available at the office when the calculated by including the following official desires to inspect it, it shall be made available where applicable— for inspection within 12 hours, either at the em- (aa) the rate applicable to him as pre- ployer's office or other mutually convenient place. scribed by Clause 26.—Wage Rates and Clause 29.—Mess Personnel as appropriate; 15.—Holidays. (bb) subject to paragraph (c)(ii) hereof (1) (a) The following days or the days observed in the rate prescribed for work in or- lieu shall, subject to Clauses 9.—Overtime, and dinary time by Clause 10.—Shift 10.—Shift Work hereof,, be allowed as holidays with- Work, Clause 11.—Saturday Work out deduction of pay, namely: New Year's Day, Aus- and Clause 12.—Sunday and Hol- tralia Day, Good Friday, Easter Monday, Anzac Day, iday Work of the award according Labour Day, Foundation Day, Sovereign's Birthday, to the worker's roster or projected Christmas Day and Boxing Day. Provided that north roster including Saturday and of south latitude 26 degrees the following days shall Sunday shifts; be allowed as holidays without deduction of pay (cc) the rate payable pursuant to Clause namely: New Year's Day, Good Friday, Anzac Day, 7.—Higher Duties calculated on a Labour Day and Christmas Day. Provided further daily basis which the worker would that another day may be taken as a holiday by ar- have received for ordinary time rangement between the parties in lieu of any of the during the relevant period whether days named in this subclause. on a shift roster or otherwise; (b) Where any of the holidays mentioned in para- (dd) any other rate to which the worker graph (a) falls on a Saturday or a Sunday such hol- is entitled to in accordance with his iday shall be observed on the next succeeding contract of employment for ordi- Monday and where Boxing Day falls on a Sunday or nary hours of work; Provided that on a Monday such holiday shall be observed on the this provision shall not operate so next succeeding Tuesday; in each case the substi- as to include any payment which is tuted day shall be a holiday without deduction of pay of a similar nature to or is paid for in lieu of the day for which it is substituted. the same reasons as or is paid in 2326 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

lieu of those payments prescribed (7) If any of the holidays prescribed in Clause by Clause 9.—Overtime, of this 15.—Holidays of this award, fall during the worker's award, nor any payment which period of annual leave and is observed on a day which might have become payable to the in the case of that worker would have been an ordi- worker as reimbursement for ex- nary working day, the worker shall have one extra penses incurred. day added to the period of annual leave. (c) During a period of annual leave a worker shall (8) An employer may close down his operation or receive a loading calculated on the rate of wage pre- section or sections thereof for the purpose of allowing scribed by paragraph (b)(ii)(aa) hereof. The loading annual leave to all or the majority of his workers em- shall be as follows: ployed generally or in any such section or sections (i) Day Workers—A worker who would have and in the event of a worker being employed for worked on day work had he not been on portion only of a year he shall only be entitled to such leave—a loading of 17 Vz per cent. leave on full pay as is proportionate to his length of service during that period with such employer and if (ii) Shift Workers—A worker who would have such leave is not equal to the leave given to the other worked on shift work had he not been on workers he shall not be entitled to work or pay whilst leave—a loading of 17'A per cent. the other workers of such employer are on leave on Provided that where the worker would have re- full pay. ceived shift loadings prescribed by Clause 10.—Shift (9) (a) A worker who, at the commencement of his Work, Clause 11.—Saturday Work, and Clause annual leave, has an entitlement to payment for non- 12.—Sunday and Holiday Work had he not been on attendance on the ground of personal ill health for leave during the relevant period and such loadings not less than 40 hours under the provisions of Clause would have entitled him to a greater amount than the 17.—Absence Through Sickness of this award, and loading of 17 Vz per cent, then the shift loadings shall who, within 14 days of resuming work produces to the be added to the rate of wage prescribed by paragraph employer a certificate from a qualified medical prac- (b) (ii) (aa) hereof in lieu of the 17 Lz per cent titioner that during his annual leave he was confined loading. to his home or to a hospital for a period of at least Provided further, that if the shift loadings would seven consecutive days for a reason which if he had have entitled him to a Isser amount than the loading not been on annual leave, would have entitled him to of 17% per cent, then such loading of 17% per cent payment under the provisions of the said Clause shall be added to the rate of wage prescribed by para- 17.—Absence Through Sickness, shall be deemed to graph (b) (ii) (aa) hereof in lieu of the shift loadings. be absent from work through sickness for so much of The loading prescribed by this subclause shall not that period as he would otherwise have been entitled apply to proportionate leave on termination. to payment under that clause. (d) The provisions of this subclause shall not op- (b) A worker to whom paragraph (a) applies shall erate in respect of leave fully due prior to the date of take the period deemed to be absence through sick- this order, irrespective of the date at which such ness as annual leave at a time convenient to the em- leave is taken. ployer but on ordinary pay without the loading pre- (2) After one month's continuous service in any scribed in paragraph (c) of subclause (1). qualifying 12 monthly period a worker whose em- (10) This clause shall not apply to casual workers. ployment terminates and who has worked less than (11) In special circumstances, and by mutual con- 12 months shall be paid in the proportion that the sent of the employer, the worker and the union, number of shifts worked by him at the rate pre- annual leave may be taken in not more than two scribed in paragraph (b) of subclause (1) of this periods, but neither period shall be less than one clause in that qualifying period bears to the full week. number of such shifts in that qualifying 12 monthly period as prescribed in paragraph (a) of subclause (1) hereof. 17.—Absence Through Sickness. (3) (a) Continuous shift workers, that is shift (1) A worker shall be entitled to payment for non- workers engaged in a continuous process who are ros- attendance on the grounds of personnal ill-health for tered to work regularly on Sundays and holidays one-twelfth of a week for each completed month of shall be allowed one week's leave in addition to the service. Provided that, subject to subclause (4) leave prescribed in subclause (1) hereof. hereof, payment for absence through such ill-health (b) Where a worker with 12 months' continuous shall be limted to one week in each calendar year. service is engaged for part of a qualifying 12 monthly Payment hereunder may be adjusted at the end of period as a continuous shift worker, he shall be en- each calendar year, or at the time the worker leaves titled to have the period of annual leave which he is the service of the employer in the event of the worker otherwise entitled under this clause increased by that being entitled by service subsequent to the sickness proportion of the additional week as the number of to a greater allowance than that made at the time the shifts worked by him at ordinary rates bears to the sickness occurred. This clause shall not apply where full number of such shifts in the qualifying 12 the worker is entitled to compensation under the monthly period as prescribed in paragraph (a) of Workers' Compensation Act. subclause (1) hereof. (2) A worker shall not be entitled to receive any (4) The amounts to be paid hereunder shall be cal- wages from his employer for any time lost through culated at the rate prevailing at the time the pay- the result of an accident not arising out of or in the ment is made. course of his employment or for any accident wherever sustained arising out of his own wilful default. (5) Where a worker is justifiably dismissed for mis- (3) No worker shall be entitled to the benefits of conduct during any qualifying 12 monthly period, the this clause unless he produces proof satisfactory to provisions of subclause (2) do not apply. his employer of sickness, but the employer shall not (6) A worker whose employment terminates after be entitled to a medical certificate unless the absence he has completed a 12 monthly perod and who has is for three days or more. not been allowed the leave prescribed under this (4) Sick leave shall accumulate from year to year so award in respect of that qualifying period shall re- that any balance of the period specified in subclause ceive payment in liue of that leave at the rate of wage (1) of this clause which has in any year not been al- prescribed by paragraph (b) of subclause (1) of this lowed to any worker by his employer as paid sick clause. leave may be claimed by the worker and subject to 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2327 the conditions herein prescribed, shall be allowed by (b) in respect of 10 years' service com- his employer in any subsequent year without dimin- pleted after the first 10 years—13 ution of the sick leave prescribed in respect of that weeks; year. (c) in respect of each seven years' service (5) (a) A worker, upon resignation or retirement after the first 20 years—13 weeks; shall be paid all sick leave entitlements standing to (d) on the termination of the worker's his credit provided that he has been employed by the employment— particular employer for a minimum of 12 months prior to such resignation or retirement. (i) by his death; or (ii) in any circumstances (b) The payment shall be made at the worker's or- otherwise than by his dinary time rate for his classification at the time of employer for serious such resignation or retirement. misconduct; (c) This subclause shall not operate after 31st in respect of the number of December, 1978, if during 1978 there has not been a years service with the em- significant drop in absenteeism as compared to 1977. ployer completed since he last (6) A worker who is absent through sickness shall became entitled to an amount as far as is practicable within 24 hours of the com- of long service leave, a pro- mencement of such absence, advise the employer of portionate amount on the basis his inability to attend for work and the estimated of 13 weeks' leave for 10 years' duration of the absence. service or as the case may be (7) The provisions of this clause do not apply to on the basis of 13 weeks' leave casual workers. for seven years service. (3) Subject to the provisions of paragraph (6) of this subclause, where a worker has 18.—First Aid. completed at least three years' service but (1) The employer shall at each main place of em- less than 10 years' service since its com- ployment, provide a suitable first aid outfit. mencement and his employment is terminated— (i) by his death; or 19.—Distant Work. (ii) by the employer for any reason other (1) Where a married worker living with his family than serious misconduct; or in the area of his employment is required to proceed (iii) by the worker on account of sickness to another place of employment from which he can- or injury to the worker or domestic or not return to his home each night, he shall be pro- other pressing necessity where such vided with free board and lodging. sickness or injury or necessity is of (2) All time involved in travelling up to a maxi- such a nature as to justify or in the mum of eight hours in any day to such distant place event of a dispute is, in the opinion of shall be paid for at ordinary rates. the Special Board of Reference, of such a nature as to justify such termination; 20.—Posting of Notices. the amount of the leave shall be such pro- The employer shall keep a copy of this award at a portion of 13 weeks' leave as the number of convenient place and he shall also provide a notice completed years of such service bears to 10 board for the posting of union notices. All notices years. shall be submitted to the employer for approval before being posted. (4) In the cases to which paragraphs (2) (d) and (3) of this subclause apply the worker shall be deemed to have been en- 21.—Long Service Leave. titled to and to have commenced leave im- (1) Except for the substituted subclauses and para- mediately prior to such termination. graphs hereinafter referred to the Long Service (5) A worker whose service with an em- Leave provisions set out in Volume 60 of the Western ployer commenced before 1st June, 1980 Australian Industrial Gazette at pages 1 to 6 both in- and whose service would entitle him to long clusive are hereby incorporated in and form part of service leave under this clause shall be en- the Award. titled to leave calculated on the following (2) Delete paragraph (1) of subclause 2 of the Long basis: Service Leave provision and substituted the follow- (a) for each completed year of service ing:— commencing before 1st June, 1980, an (2) (1) The Long Service which shall entitle a amount of leave calculated on the worker to such leave shall, subject as herein pro- basis of 13 weeks' leave for 15 years'; vided, be continuous service with one and the and same employer, in the Tin Mining industry. (b) for each completed year of service (3) Delete subclause (3) Period of Leave from the commencing on or after 1st June, Long Service Leave provision and substitute the fol- 1980, an amount of leave calculated lowing:— on the basis of 13 weeks' leave for 10 (3) Period of Leave. years' service or on the basis of 13 (1) The leave to which a worker shall be weeks' leave for seven years' service entitled or deemed to be entitled shall be as as the case may be. provided in this subclause. Provided that such a worker shall not be en- (2) Subject to the provisions of para- titled to long service leave until his com- graphs (5) and (6) of this subclause, where a pleted years of service entitle him to 13 worker has completed at least 10 years ser- weeks' leave. vice, the amount of leave shall be— (6) A worker to whom paragraphs (2) (d) (a) in respect of 10 years' service so com- and (3) of this subclause apply whose service pleted—13 weeks; with an employer commenced before 1st 2328 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

June, 1980, shall be entitled to an amount of (9) Rehabilitation Hand Grade (1) means— long service leave calculated on the follow- (a) A worker who is certified by his employer as ing basis:— being competent to efficiently carry out all (a) for each completed year of service aspects of rehabilitation work with the mini- commencing before 1st June, 1980, an mum amount of supervision. amount of leave calculated on the (b) Is required by his employer to carry out any basis of 13 weeks' leave for 15 years' aspect of rehabilitation work. service; and (c) Is appointed as such. (b) for each completed year of service commencing after 1st June, 1980, an (10) Rehabilitation Hand Grade (2) means— amount of leave calculated on the A worker other than a trainee rehabilitation basis of 13 weeks' leave for 10 years' hand who is certified by his employer as being service or 13 weeks' leave for seven competent to efficiently operate at least one area years' service as the case may be. of rehabilitation work with a minimum of supervision. (11) Rehabilitation Hand Grade (3) means— 22.—Interviewing Workers. A trainee rehabilitation hand with less than A duly accredited representative of the union shall, three months experience in rehabilitation work. with the consent of the employer, be permitted to inspect the working place of the employer at all reason- (12) With reference to a "worker" in this award the able times and interview workers covered by this term "his" or "he" can be assumed to refer to either award, provided that the work is not interfered with female or male workers. and provided further that in no case shall such accredited representative, without the permission of the employer, interview workers during their working hours. 24.—Special Provisions. 23.—Definitions. (1) (a) The employer shall have available a suf- (1) Primary Metallurgical Plants means— ficient supply of protective equipment (as for Those processing plants involved in the produc- example, helmets, hand screens, goggles, (including ing of mineral concentrates from primary ones, anti-flash goggles), glasses, gloves, mitts, aprons, tailings or low grade concentrates. sleeves, leggings, gumboots, ear protectors, water- (2) Secondary Metallurgical Plants means— proof clothing or other efficient substitutes thereof), Those processing plants involved in the produc- for use by his workers when engaged on work for ing of mineral and metal products from mineral which some protective equipment is reasonably concentrates, and they include smelting and necessary. It shall be a defence by an employer chemcial solvent extraction processes. charged with a breach of this subclause if he proves that he was unable to obtain either the item of equip- (3) Plant Opertor Grade (1) means— ment the subject of the charge, or a suitable substi- (a) A worker who is certified by his employer as tute. being competent to efficiently operate all sections of the processing plant at the site of (b) Every worker shall sign an acknowledgement his employment with a minimum of super- on receipt of any article of protective equipment and vision. shall return same to the employer when he has finished using it or on leaving his employment. (b) Is required by his employer to operate any section of the plant. (c) No worker shall lend another worker any such article of protective equipment issued to such first (c) Is appointed as such. mentioned worker, and if the same are lent, both the (4) Plant Operator Grade (2) means— lender and the borrower shall be held responsible. A worker other than a trainee processing plant (d) Before helmets, goggles or gloves which have operator who is certified by his employer as been used by a worker are re-issued by the employer being competent to efficiently operate at least to another worker, they shall be effectively sterilised. one section of the processing plant at the site of (e) During the time any article of protective equip- his employment with a minimum of supervision. ment or hand tool is on issue to the worker, he shall (5) Plant Operator Grade (3) means— be responsible for any loss or damage thereto, fair A trainee processing plant operator with less wear and tear attributable to ordinary use excepted. than three months experience in the processing (f) Use of Acids and Solvents. plant of his employment. (i) Workers in this industry who are exposed to (6) Laboratory Assistant Grade (1) means— acids and solvents of such concentration and (a) A worker who is certified by his employer as nature as are likely to cause ill health unless being competent to efficiently operate in all specific safety precautions are taken shall be areas of laboratory analytical processing informed by the employer of the known haz- with a minimum of supervision. ard involved and shall be instructed in their (b) Is required by his employer to operate any correct use and the necessary safeguards to area of laboratory analytical processing. be observed. (ii) These workers shall be provided with, and (c) Is appointed as such. shall wear protective clothing when re- (7) Laboratory Assistant Grade (2) means— quired, including acid resistant boots, a A worker other than a trainee laboratory assist- gloves, face shields, full rubber suits and ant who is certified by his employer as being face masks. competent to efficiently operate at least one area (iii) In addition to the wages prescribed in of laboratory analytical processing with a mini- Clause 26.—Wages of this award workers mum of supervision. using the protective clothing and exercising (8) Laboratory Assistant Grade (3) means— the safeguards referred to in (i) and (ii) A trainee laboratory assistant with less than hereof, shall be paid 24 cents per hour for three months experience in laboratory analytical each hour or part of an hour whilst so en- processing. gaged. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 2329

(2) Where it is reasonably convenient, and where the is no undue interference with normal work, the Grade (3) employer will permit workers during the first half of (i) Operators of Equipment 95- the day shift to take a morning tea break of seven 225 kW minutes without loss of pay. (ii) Motor Truck Drivers (3) The morning tea break shall not entitle the (iii) Water Truck Drivers 214.80 worker to return to the crib room, but shall be taken Grade (4) "on the job" if so required by the employer. Operators of Equipment 50- 95 kW 208.40 24A.—Clothing Allowance and Safety Boots. Grade (5) (1) (a) Each worker shall be paid an allowance of Operators of Mechanical Driven $1.15 per week for the purpose of purchasing overalls, Rig 202.10 or Grade (6) (b) Each employee may buy one set of appropriate Drillers Assistant Field and Sur- work clothing each six months and be reimbursed to vey Hand Storeman 196.60 a maximum amount of $30 for each set, upon pro- Note: The classification of Oper- duction of the necessary receipts. ators of Equipment includes Front (2) The wearing of safety footwear is compulsory End Loader Driver, Bulldozer and any worker reporting for work without safety Driver and similar types of mobile footwear may be refused work and shall not be en- plant. titled to payment for that day or shift. Rehabilitation Hands— (3) The employer shall supply to each worker upon Grade (1) 207.10 commencement of employment with the employer Grade (2) 202.10 one pair of steel capped safety boots at no cost to the Grade (3) 197.40 worker. A replacement pair of steel capped safety boots (2) Underground Section:— shall be supplied by the employer to any worker at no Trucker 192.00 cost to that worker, who satisfies the employer that Tool Carrier 192.00 the initial issue of such boots or the pair he presently Shoveller 192.00 possesses needs replacing through wear and tear aris- Diamond Drillers Assistant 198.40 ing out of or in the course of the workers' employ- Pipe Assembler 198.40 ment with the employer. Sampler 198.40 All safety boots issued pursuant to the provisions Hydraulic Drill Operator 198.40 of this subclause shall remain the property of the em- Popper Machine Man 198.40 ployer. Air Hoist Operator 198.40 Electric Hoist Operator 198.40 Pump Attendant 198.40 25.—Maximum Rate. Ventilation Man 198.40 The provisions of this award do not operate so as to Platelayer 202.20 require payment of more than double time rates or Train Crew 202.20 double time and one half on a holiday prescribed Mechanical Loader Operator 202.20 under this award for any work. Scraper Hauler Operator 202.20 Braceman 202.20 Platman 202.20 26.—Wage Rates. Skipman 202.20 The following shall be the minimum rates of wages Sealers 205.90 per week payable to workers covered by this award:— Rock Drill man in all other places (1) Surface Section:— inlcluding open-cut 211.80 $ Sanitary Man 212.10 (a) Pit Controllers 225.50 Timberman—Other 215.40 General Hand 191.90 Rock Drill Man in rises 218.40 Plant Operators—Primary Rock Drill Man in Winzes 218.40 Metallurgical Plants Raised Borer Operator 218.40 Grade (1) 207.10 Diamond Driller— Grade (2) 202.10 (a) Up to 20 h.p 218.40 Grade (3) 197.40 (b) Over 20 h.p 218.40 Plant Operators—Secondary Timberman—Shaft 224.40 Metallurgical Plants Rock Drill man in Shaft 224.40 Grade (1) 212.00 Hauler Operator 229.00 Grade (2) 207.10 Hydraulic Twin and Treble Grade (3) 202.10 Boom—Jumbo Operator 234.60 Laboratory Assistants Grade (1) 212.00 Grade (2) 207.10 (3) Leading Hands: Grade (3) 202.10 Workers appointed by the employer as Field Operators— leading hands shall be paid the following Grade (1) amounts in addition to the ordinary rate of pay— Operators of equioment in excess of 375 kW...* 223.60 (a) if placed in charge of not less Grade (2) than three and not more than 10 other workers 11.30 (i) Operators of Equipment (b) if placed in charge of more than 225-375 kW 10 and not more than 20 other (ii) Operators of Semi-Trailer workers 17.30 Ore Truck (c) if placed in charge of more than (iii) Grader Operators 219.10 20 other workers 22.40 WESTERN AUSTRALIAN INDUSTRIAL GAZElTE. [23rdNovember, 1983

(4) Industry Allowance: In addition to the rates of 30.—Fares and Travelling Time. wages specified in subclause (1) of this clause and (1) The provisions of this clause apply only in re- subclause (1) of Clause 29.—Mess Personnel workers spect to employment north of south latitude 26 de- shall receive as compensation for all disabilities as- grees. sociated with the industry an amount of $6.00 per (2) Subject to the provisions of this clause the fare week of 40 hours. of a worker from the place of engagement to any (5) Junior Workers: (percentage of General Hand place of employment shall be paid by the employer rate) and the worker shall be paid at ordinary rates for not more than eight hours in any day for time spent in Under 17 years of age 55 travelling to the place of employment including time At 17 years of age 65 occupied in waiting for transport connections, but if At 18 years of age 80 the worker uses a mode of travel not approved by the Appro- employer travelling time in excess of eight hours shall priate not be allowed unless the Board of Reference Adult otherwise determines. At 19 years of age Rate (3) The amount of the fare paid by an employer (6) Casual Workers: A casual worker shall be paid pursuant to subclause (2) of this clause may be de- 15 per cent in addition to the ordinary rate for his ducted from the subsequent earnings of the worker class of work. concerned in such manner as is agreed in writing between the worker and the employer. 27.—Accident Pay. (4) If a worker completes six months' continuous In the event of a worker meeting with an accident service with an employer or is dismissed before that during the shift, or being required to attend to one time through no fault of his own, any amount de- who has met with an accident, he shall be deemed to ducted by that employer from the worker's wages have rendered duty during the whole of the shift and pursuant to subclause (3) of this clause shall be re- be paid accordingly. funded to the worker. (5) The employer shall pay the fare of the worker from the place of employment to the place of engage- 28.—District Allowance. ment if the employment terminates and— (1) Subject to the provisions of subclause (3) of this (a) The worker has completed six months' con- clause in addition to the wages prescribed in this tinuous service with that employer; or award, an allowance shall be paid at the rate set out (b) The worker has completed six months' con- below, to each worker employed in the following tinuous service with that employer and is area:— dismissed through no fault of his own. Allowance per week. (6) Where a worker has completed six months' con- Within that area of the State situated between tinuous service and leaves for a reason deemed latitude 24 degrees and a line running east from reasonable by his employer he shall be paid one-sixth Carnot Bay to the Northern Territory Border of the fare referred to in subclause (5) of this clause $6.00 for each months of service in excess of six months. (2) The above allowance covers a week, whether a five, six of seven days. For periods of less than five days, one-seventh of the above shall be payable for 31.—Minimum Wage. each day or part thereof; Provided however, that a Notwithstanding the provisions of this award no worker who has worked at least one half of a week male worker (including an apprentice) 21 years of age shall be given the benefit of Sunday in the calcu- or over, shall be paid less than $97.40 per week as his lation of district allowances. ordinary rate of pay in respect of the ordinary hours (3) A worker living in a mess or camp provided by of work prescribed by this award. the employer free of charge to the worker shall be Where the said minimum rate of pay is applicable paid half the rates prescribed in subclause (1) of this the same rate shall be payable on holidays, during clause. annual leave, sick leave, long service leave and any other leave prescribed by this award. Notwithstanding the foregoing where in this award 29.—Mess Personnel. an additional rate is prescribed for any work as a per- (1) The minimum rate of wages per week payable centage, fraction or multiple of the ordinary rate of to mess personnel shall be as follows:— pay, it shall be calculated upon the rate prescribed in $ this award for the classification in which the worker Head Cook 213.30 is employed. Cook 207.10 Mess Attendant 177.60 32.—Bereavement Leave. (2) All time worked by workers in the mess outside the daily spread of 12 hours or in excess of 40 hours When it is necessary for a worker to be absent from in any one week shall be deemed overtime and be his employment for the purposes of attending a paid for at the rate of time and one half; Provided funeral or arranging therefor, a worker (other than a that overtime in excess of four hours in any one week casual worker) shall be entitled to a maximum of two shall be paid for at the rate of double time. days' leave at ordinary wages as prescribed on each occasion and on production of satisfactory evidence (3) All time worked during ordinary hours on a of the death within Australia of the worker's wife, Saturday shall be paid for at the rate of time and one husband, father, mother, brother, sister or child. half, on a Sunday at the rate of time and three quar- Wife or husband, as referred to in this clause shall in- ters and on a holiday at the rate of double time. clude de facto wife or husband. (4) The provision of clauses— 8. Hours. 33.—Jury Service. 9. Overtime. Any worker required for Jury Service shall be paid 10. Shift Work. a daily amount equal to the difference between the 11. Saturday Work and amount received for such service and what that 12. Sunday and Holiday Work worker would have received during ordinary hours shall not apply to mess personnel. had he been at work. 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2331

34.—Service Payments. the Civil Service Association of Western Australia In- (1) In addition to the wages provided in Clause corporated (hereinafter referred to as the Associ- 26.—Wages Rates each adult worker shall be paid a ation) of the one part and The Agriculture Protection service allowance as under:— Board of Western Australia (hereinafter referred to Per as the Board) of the other part, witnesseth that the Week parties hereto mutually convenant and agree the one $ with the other as follows:— Upon completion of 12 months' continuous service 1.50 1.—Title Upon completion of 2 years' continuous This Agreement shall be known as the Agriculture service 4.00 Protection Board of Western Australia Administrat- Upon completion of 3 years' continuous ive and Clerical Officers Salaries Agreement 1983 service 7.00 and shall supersede and replace The Agriculture Pro- (2) All service prior to the date of operation of this tection Board of Western Australia Administrative clause shall count as service for the purpose of as- and Clerical Salaries Agreement 1975, No. 21 of 1975. sessing a worker's entitlement under this clause. (3) Payment shall be made for each completed week of service including all paid leave. 2.—Arrangement. (4) Payment shall be deducted for any day upon 1. Title. which a worker is required to attend work and fails to 2. Arrangement. attend. 3. Scope. 4. Salaries and Salary Ranges. (5) The payments prescribed shall not be subject to 5. Annual Increments. penalty rates or overtime provisions. 6. Copies of Agreement. 7. Term of Agreement. Schedule of Respondents. Greenbushes Tin N.L. Pilbara Tin Pty. Ltd. 3.—Scope. Vultan Minerals Ltd. This Agreement shall apply to all Government Dated at Perth this 28th day of April, 1972. Officers employed in an Administrative or Clerical capacity by the Agriculture Protection Board of Western Australia.

4.—Salaries and Salary Ranges. (a) Subject to the provisions of the Public Service Arbitration Act, 1966, the Board shall allocate to those offices categorised as Administrative and Cleri- cal, such of the salaries and salary ranges as it deems appropriate taken from the Public Service Adminis- trative and Clerical Divisions Salaries Agreement 1982, No. 1 of 1982 including amendments, variations and replacements. (b) Subject to the provisions of this Agreement, all of the provisions of the Award mentioned in subclause (a) of this clause shall be deemed to have PUBLIC SERVICE been made between the parties in this Agreement and shall apply mutatis mutandis. ARBITRATION— (c) Subject to the provisions of this Agreement, all Agreements filed amendments, variations and replacements to the Award referred to in subclause (a) of this clause shall vary concurrently and to the same extent the terms PUBLIC SERVICE ARBITRATION of this Agreement. AGREEMENT FILED PUBLIC SERVICE ARBITRATION ACT, 1966. PURSUANT to the provisions of Regulation 8 of the 5.—Annual Increments. Public Service Arbitration Act Regulations 1978 the Subject to good conduct, diligence and efficiency, following Agreement is published for general infor- an officer shall proceed to the maximum of the salary mation. range allocated to the office which he occupies by S. M. ARMSTRONG, annual increments. Registrar. 6.—Copies of Agreement. Every officer shall be entitled to have access to a copy of this Agreement.

Western Australia. 7.—Term of Agreement. Public Service Arbitration Act, 1966. This Agreement shall operate as from and includ- AGRICULTURE PROTECTION BOARD ing the 18th December, 1981 and shall remain in ADMINISTRATIVE AND CLERICAL OFFICERS force for a period of three years, provided that at any time after the expiration of the first 12 months from SALARIES the date of operation of this Agreement or of the ex- AGREEMENT 1983. piration of any period of 12 months from the date of No. 20 of 1983. operation of any variation thereof, either of the par- THIS agreement made pursuant to the provisions of ties may negotiate with the other party to amend or the Public Service Arbitration Act, 1966, of Western add to this Agreement or approach the Public Service Australia, this 28th day of September 1983, between Arbitrator for an amendment of this Agreement. 2332 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. !23rdNovember, 1983

In witness whereof the parties hereto have here- 3.—Scope. unto set their hands and seals the day and year first This Agreement shall apply to all Government before written. Officers employed in a Prefessional capacity by the The Common Seal of the Civil Ser- Agriculture Protection Board of Western Australia. vice Association of Western Australia Incorporated was 4.—Salaries and Salary Ranges. hereunto affixed in the pres- (a) Subject to the provisions of the Public Service ence of— Arbitration Act, 1966 the Board shall allocate to [L.S.] O. S. MIDDLETON, those offices categorised such of the salaries and sal- Trustee. ary ranges as it deems appropriate taken from the EDWIN DELL, Public Service Professional Division Salaries Agree- Trustee. ment 1982, No. 8 of 1982 including amendments, ANTHONY BLACK, variations and replacements. General Secretary. (b) Subject to the provisions of this Agreement, all of the provisions of the Agreement mentioned in The Common Seal of the subclause (a) of this clause shall be deemed to have Agriculture Protection Board been made between the parties in this Agreement of Western Australia was hereunto affixed in the presence and shall apply mutatis mutandis. of— (c) Subject to the provisions of this Agreement, all [L.S.] E. N. FITZPATRICK, amendments, variations and replacements of the Chairman. Agreement referred to in subclause (a) of this clause shall vary concurrently and to the same extent the S. F. NAYLER, terms of this Agreement. Witness. 5.—Annual Increments. Subject to good conduct, diligence and efficiency, an officer shall proceed to the maximum of the salary range allocated to the office which he occupies by annual increments. PUBLIC SERVICE ARBITRATION. 6.—Copies of Agreement. AGREEMENT FILED. Every officer shall be entitled to have access to a PUBLIC SERVICE ARBITRATION ACT, 1966. copy of this Agreement. PURSUANT to the provisions of Regulation 8 of the Public Service Arbitration Act Regulations 1978 the 7.—Term of Agreement. following agreement is published for general infor- This Agreement shall operate as from and includ- mation. ing the 18th December, 1981 and shall remain in force for a period of three years, provided that at any S. M. ARMSTRONG, time after the expiration of the first 12 months from Registrar. the date of operation of this Agreement or of the expiration of any period of 12 months from the date of operation of any variation thereof, either of the parties may negotiate with the other party to amend or Western Australia. add to this Agreement or approach the Public Service Arbitrator for an amendment of this Agreement. Public Service Arbitration Act, 1966. In witness whereof the parties hereto have here- AGRICULTURE PROTECTION BOARD unto set their hands and seals the day and year first PROFESSIONAL OFFICERS' before written. SALARIES AGREEMENT 1983. The Common Seal of the Civil Ser- No. 21 of 1983. vice Association of Western THIS agreement made pursuant to the provisions of Australia Incorporated was the Public Service Arbitration Act, 1966, of Western hereunto affixed in the pres- Australia, this 28th day of September, 1983, between ence of— the Civil Service Association of Western Australia In- [L.S.J 0. S. MIDDLETON, corporated (hereinafter referred to as the Associ- Trustee. ation) of the one part and the Agriculture Protection EDWIN DELL, Board of Western Australia (herinafter referred to as Trustee. the Board) of the other part, witnesseth that the parties hereto mutually covenant and agree the one with ANTHONY BLACK, the other as follows:— General Secretary. The Common Seal of the Agriculture Protection Board This Agreement shall be know as the Agriculture of Western Australia was here- Protection Board of Western Australia Professional unto affixed in the presence Officers' Salaries Agreement 1983, and shall super- of— sede and replace the Agriculture Protection Board of [L.S.] E. N. FITZPATRICK, Western Australia Agricultural Scientific Officers Chairman. Salaries Agreement 1979, No. 13 of 1979. F. S. NAYLER, Witness. 2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Salaries and Salary Ranges. 5. Annual Increments. 6. Copies of Agreement. 7. Term of Agreement. 23rd November, 1983] W 2333

" PUBLIC SERVICE ARBITRATION ACT, 1966. (ii) allocate to those offices categorised as Gen- PURSUANT to the provisions of Regulation 8 of the eral, such of the salaries and salary ranges as Public Service Arbitration Act Regulations 1978 the it deems appropriate taken from the Public following agreement is published for general infor- Service General Division Salaries Agree- mation. ment 1982, No. 2 of 1982 including amend- S. M. ARMSTRONG, ments, replacements and variations. Registrar. (b) Subject to the provisions of this Agreement, all Western Australia. of the provisions of the Award and Agreement men- PUBLIC SERVICE ARBITRATION ACT, 1966- tioned in subclause (a) of this clause shall be deemed 1982. to have been made between the parties in this agreement and shall apply mutatis mutandis. BOARD OF THE ART GALLERY OF WEST- ERN AUSTRALIA. (c) Subject to the provisions of this Agreement all amendments, replacements and variations to the ADMINISTRATIVE CLERICAL AND GEN- Award and Agreement referred to in subclause (a) of ERAL OFFICERS SALARIES ALLOWANCES this clause shall vary concurrently and to the same AND CONDITIONS AGREEMENT 1983. extent the terms of this Agreement. No. 26 of 1983. THIS Agreement made pursuant to the provisions of 5.—Annual Increments. the Public Service Arbitration Act, 1966, of Western Subject to good conduct, diligence and efficiency, Australia, this 24th day of October, 1983, between an officer shall proceed to the maximum of the salary the Civil Service Association of Western Australia In- range allocated to the office which he occupies by corporated (hereinafter referred to as the Associ- annual increments. ation) of the one part and the Board of the Art Gal- lery of Western Australia (hereinafter referred to as 6.—Hours of Attendance. the Board) of the other part, witnesseth that the par- The hours of attendance at work to be observed by ties hereto mutually covenant and agree the one with officers shall be from 8.45 a.m. to 5.00 p.m. on five the other as follows:— days a week, Monday to Friday, inclusive, with an interval of three quarters of an hour from 12.45 p.m. 1.—Title. to 1.30 p.m. for luncheon. This Agreement shall be known as the Board of the Provided that the Board by written instruction Art Gallery of Western Australia Administrative, may vary the time of attendance because of circum- Clerical and General Officers Salaries, Allowances stances of public business or because of the nature of and Conditions Agreement 1983 and shall supersede the duties of an officer or class of officer. The and replace: Associaton will be supplied with a copy of such (i) The Western Australian Art Gallery Board written notification. Administrative and Clerical, Salaries, Allow- Provided also that where hours of duty are so ances and Conditions Agreement 1971, No. varied they shall not be so varied to prescribe ordi- 112 of 1971. nary working hours in excess of 37 Vt hours per week. (ii) The Western Australian Art Gallery Board Administrative Clerical Salaries Agreement 7.—Leave of Absence. 1975, No. 17 of 1975. Officers covered by the provisions of this Agree- (iii) The Western Australian Art Gallery Board ment shall be entitled mutatis mutandis to the same General Officers Salaries, Allowances and conditions relating to:— Conditions Agreement 1971, No. 113 of (i) Annual Leave. 1971. (ii) Long Service Leave. (iv) The Western Australian Art Gallery Board (iii) Sick Leave. (General Officers) Salaries Agreement 1975, (iv) Short Leave. No. 42 of 1975. (v) Leave Without Pay. (vi) Study Leave. 2.—Arrangements. (vii) Military Leave. 1. Title. (viii) Maternity Leave, and 2. Arrangement. (ix) Public Service Holidays 3. Scope. as permanent officers employed under the provisions 4. Salaries and Salary Ranges. of the Public Service Act, 1978. 5. Annual Increments. 6. Hours of Attendance. 8.—Allowances. 7. Leave of Absence. (a) Subject to the provisions of this Agreement, the 8. Allowances. following Awards and any amendments thereto in- 9. Contract of Service. cluding replacement, shall be deemed to have been 10. Copies of Agreement. made between the parties to this Agreement and 11. Term of Agreement. shall apply mutatis mutandis. (i) Public Service Miscellaneous Allowances 3.—Scope. Award, 1976, No. 17 of 1976; This Agreement shall apply to all Government (ii) Public Service Motor Vehicle Allowances Officers employed in an Administrative, Clerical or Award, 1976, No. 13 of 1976; General capacity by the Board. (iii) Public Service Overtime Award, 1978, No. 4.—Salaries and Salary Ranges. 10 of 1978; (a) Subject to the provisions of the Public Service (iv) Public Service Allowances (Higher Duties) Arbitration Act, 1966 the Board shall Award, 1981, No. 8 of 1981. (i) allocate to those officers categorised as Ad- (b) Subject to the provisions of this Agreement, the ministrative and Clerical, such of the conditions and allowance prescribed in the following salaries and salary ranges as it deems appro- Agreements shall apply: priate taken from the Public Service Admin- (i) Public Service Allowances (District) Agree- istrative and Clerical Divisions Salaries ment 1973, No. 5 of 1973; Award 1982, No. 1 of 1982 including amend- (ii) Public Service Shift Work Agreement 1978, ments, replacements and variations. No. 24 of 1978. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

9.—Contract of Service. PUBLIC SERVICE ARBITRATION. (a) No officer shall leave the employ of the Board AGREEMENT FILED. until the expiration of one month's written notice of PUBLIC SERVICE ARBITRATION ACT 1966. his intention to do so without approval of the Board. PURSUANT to the provisions of Regulation 8 of the (b) One month's written notice shall be given by Public Service Arbitration Act Regulations 1978 the the Board to an officer whose services are no longer following Agreement is published for general infor- required. mation. (c) The Board may summarily dismiss an officer S. M. ARMSTRONG, deemed guilty of gross misconduct or neglect of duty and the officer shall not be entitled to any notice or Registrar. payment in lieu. (d) An officer, having attained the age of 60 years, shall be entitled to retire from the employ of the Board. (e) Every officer shall retire on attaining the age of Western Australia. 65 years. Public Service Arbitration Act 1966. COMMISSIONER OF TRANSPORT 10.—Copies of Agreement. ADMINISTRATIVE AND CLERICAL OFFICERS SALARIES AGREEMENT 1983. Every officer shall be entitled to have access to a copy of this Agreement and the Awards and Agree- No. 19 of 1983. ments listed in Clause 8 and documentation of pro- THIS agreement made pursuant to the provisions of visions listed in Clause 7 of this Agreement. the Public Service Arbitration Act 1966, of Western Australia, this 4th day of October, 1983, between the Civil Service Association of Western Australia Incor- 11.—Term of Agreement. porated (hereinafter referred to as the Association) of the one part and the Commissioner of Transport This Agreement shall operate as from and includ- (hereinafter referred to as the Commissioner) of the ing 18th December, 1981 and shall remain in force for other part, witnesseth that the parties hereto mutu- a period of three years, provided that at any time ally covenant and agree the one with the other as fol- after the expiration of the first 12 months from the lows:— date of operation of this Agreement or at the expiration of any period 12 months from the date of oper- 1.—'Title. ation of any variation thereof, either of the parties may negotiate with the other party to amend or add This Agreement shall be known as the Adminis- to this Agreement or approach the Public Service Ar- trative and Clerical Salaries Agreement 1983 bitrator for an amendment of this Agreement. (Commissioner of Transport) and shall supersede and replace the Administrative and Clerical Salaries In witness whereof the parties hereto have here- Agreement, 1975 (Commissioner of Transport) No. unto set their hands and seals the day and year first 27 of 1975. before written. The Common Seal of the Civil Ser- vice Association of Western 2.—Arrangement. Australia Incorporated was 1. Title. hereunto affixed in the pres- 2. Arrangement. ence of— 3. Scope. 4. Adjustment of Salary Rates. fL.S.l O. S. MIDDLETON. 5. Amalgamation of Salary Classes. EDWIN DELL. 6. Administrative Division Offices. ANTHONY BLACK. 7. Clerical Division Group 11 Offices. 8. Clerical Division Group III Offices. Signed on behalf of the Board of 9. Clerical Division Group IV Offices. the Art Gallery of Western 10. Clerical Division Group V Offices. Australia in the presence of— 11. Clerical Division Group VI Offices. 12. Efficiency Allowances—Groups III and V. 13. Qualifications Allowances—Groups II and ELLA FRY. IV. W. F. ELLIS. 14. Temporary Officers. 15. Annual Increments. 16. Copies of Agreement. 17. Term of Agreement.

3.—Scope. This Agreement shall apply to all Government Officers in an Administrative or Clerical capacity employed by the Commissioner.

4.—Adjustment of Salary Rates. The various salary rates expressed herein shall be automatically varied to conform to any variations which are made from time to time in the equivalent salary rates applying to officers covered by the Public Service Administrative and Clerical Divisions Salaries Award, No. 1 of 1982. Any such variations shall apply from the date that the variations have been effected in respect to officers covered by that Award. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

5.—Amalgamation of Salary Classes. 8.—Clerical Division Group III Offices. In allocating salaries or salary ranges in accordance (a) The annual salaries applicable to offices within with section 12 of the Public Service Arbitration Act, Group III shall be as follows: 1966, the Commissioner may amalgamate any two or Class Minimum Maximum more classes. 13 070 13 556 13 880 14 488 14 843 6.—Administrative Division Offices. 15 451 15 859 16 376 16 877 The annual salaries applicable to offices within the 17 407 17 887 Administrative Division shall be as follows: (b) An officer appointed to any of the Classes as set out in subclause (a) and who has completed not less 29 955 than twenty (20) years of continuous permanent ser- 31 360 vice, shall be paid an allowance of $200 per annum, 32 767 provided the Branch Head is satisfied with the 34 172 officer's efficiency, diligence and conduct. 35 564 36 969 9.—Clerical Division Group IV Offices. 39 333 (a) The annual salaries applicable to offices within 41 045 Group IV shall be as follows: 42 761 Age or Year of Adult Service 44 700 Under 17 years 6 089 46 756 17 years 7 115 18 years 8 298 19 years 9 606 20 years 10 787 7.—Clerical Division Group II Offices. 21 years or first year of adult service 11 850 (a) The annual salaries applicable to offices within 22 years or second year of adult service .... 12 297 Group II shall be as follows: 23 years or third year of adult service 12 742 24 years or fourth year of adult service 13 188 Minimum Inter- Maximum 25 years or fifth years of adult service 13 635 mediate 26 years or sixth years of adult service 14 080 27 years or seventh year of adult service... 14 592 14 948 15 473 (b) An officer who is over the age of 21 years on ap- 15 987 16 501 pointment may be appointed at the minimum rate of 17 062 17 632 pay based on years of service and not on age. 18 225 18 833 (c) A Group IV officer who is married and who is 19 437 20 043 wholly or substantially supporting a spouse and/or 20 683 21 332 dependent relatives, on the approval of the Com- 21 972 22 623 23 263 missioner, shall be paid an allowance equivalent to 23 913 24 554 the difference between his rate of pay and the next 25 241 25 924 higher grade in the incremental scale of the Group IV 26 654 27 422 range, with a maximum remuneration inclusive of 28 118 28 847 such allowance equivalent to the rate of pay at age 27 years or seventh year of adult service. (b) An officer appointed to a Class 1 office shall be paid an allowance to bring the officer's salary to the (d) A Group IV officer who has passed the pro- minimum of Class 2 after completion of 12 months motional examination or has acquired equal or higher service on the maximum salary of such Class 1 office, qualifications approved by the Commissioner, who which allowance shall be increased to bring the has completed seven (7) years continuous service as a officer's salary to the maximum of Class 2 after clerical officer, and who has been retained on the completion of a further 12 months service. maximum salary of the Group IV range for at least one year, shall be paid an allowance equal to the dif- Provided that— ference between that salary and the minimum pre- (i) in each case the Branch Head is satisfied scribed for Class 1 in Clause 7, progressing thereafter with the officer's efficiency, diligence and by annual increment equivalent to the prescribed in- conduct and as to the ability of the officer to cremental steps to the maximum of Class 2 in Clause perform higher duties; 7. (e) A Group IV officer who has not passed the pro- (ii) on the promotion of an officer to a higher motional examination, or who does not possess the position, any allowance received under this higher qualifications required in subclause (d), but subclause shall be reduced to bring the has completed fifteen (15) years continuous service officer's salary up to the minimum salary of as a clerical officer and who has been retained on the the position to which the officer is pro- maximum salary of the Group IV range for at least moted, and thereafter any allowance still re- one year, shall be paid an allowance equal to the dif- ceived by the officer becomes eligible for ference between that salary and the minimum pre- annual grade increments; scribed for Class 1 in Clause 7. On completion of a further year's service the allowance shall be Increased (iii) an allowance paid under this subclause shall to provide for a total salary, including the allowance, cease should the officer refuse to accept pro- equal to the sum prescribed for the maximum of the motion; and said Class 1. On completion of twenty (20) years continuous service the allowance shall be increased to (iv) an officer shall not be eligible to receive an provide for a total salary, including the allowance, allowance under this subclause until the equal to the sum prescribed for the minimum of officer has completed not less than nine Class 2 in Clause 7, progressing after a further year's years continuous service in the Clerical Div- service to the sum prescribed for the maximum of the ision as an adult permanent officer. said Class 2. 2336 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

(f) (i) An allowance under subclauses (d) or (e) (c) A Group VI officer designated as a Telephonist shall not be granted unless the Branch who passes a Telephonist's Efficiency Examination Head is satisfied with the officer's ef- as approved by the Commissioner shall be paid an al- ficiency, diligence and conduct and as to lowance of $163 per annum. the ability of the officer to perform higher duties; 12.—Efficiency Allowances—Groups III and V. (ii) on the promotion of an officer to a higher (a) An officer appointed to a Group III or Group V position any allowance received under office shall be paid an allowance of: subclauses (d) or (e) shall be reduced to bring the officer's salary up to the mini- (i) $204 per annum provided that in the case of mum salary of the position to which the a Typist or Clerk Typist the officer passes officer is promoted and thereafter any alan efficiency examination approved by the lowance still received by the officer shall Commissioner in typing at 50 words per be reduced and converted to salary as and minute. when the officer becomes eligible for (ii) $283 per annum provided that in the case of annual grade increments; and a Typist or Clerk Typist, the officer passes (iii) an allowance under subclauses (d) or (e) an efficiency examination approved By the shall cease should the officer refuse to ac- Commissioner in typing at 60 words per cept promotion. minute. (iii) $283 per annum provided that in the case of a Typist or Clerk Typist, the officer passes 10.—Clerical Division Group V Offices. an efficiency examination approved By the (a) The annual salaries applicable to offices within Commissioner in shorthand writing at a Group V shall be as follows: speed of 100 words per minute. Age or Year of Adult Service $ (iv) $487 per annum provided that in the case of Under 17 years 5 909 a Typist or Clerk Typist, the officer passes 17 years 6 765 an efficiency examination approved By the 18 years 7 892 Commissioner in typing at 50 words per 19 years 9 041 minute and in shorthand writing at 100 20 years 10 222 words per munute. 21 years or first year of adult service 11 285 (v) $565 per annum provided that in the case of 22 years or second year of adult service .... 11 732 a Typist or Clerk Typist, the officer passes 23 years or third year of adult service 12 177 an efficiency examination approved By the 24 years or fourth year of adult service 12 623 Commissioner in shorthand writing at a (b) An officer who is over the age of 21 years on ap- speed of 100 words per minute and typing at pointment may be appointed at the minimum rate of 60 words per minute. pay based on years of service and not on age. (vi) $565 per annum provided that in the case of (c) A Group V officer who is in receipt of any of the a Machinist the officer passes an examin- allowances prescribed by Clause 12 and who has com- ation approved by the Commissioner in pleted at least four years continuous service on the typewriting at a speed of 35 words per min- maximum of the Group V range shall be paid an ad- ute and in the operation an accounting and ditional allowance of $200 per annum. Payment of listing machine. this additional allowance shall be subject to the (vii) $565 per annum provided that in the case of Branch Head being satisfied with the officer's ef- Data Processing Operators, the officer ficiency, diligence and conduct and such allowance passes an examination approved by the shall cease on promotion to a higher position or shall Commissioner. cease should the officer refuse to accept promotion. (viii) $283 per annum provided that in the case of (d) A Group V officer who has not passed any of a Comptometrist or Electronic Calculator the examinations referred to in Clause 12 shall be Operator the officer passes an examination paid an allowance of $200 per annum on completion approved by the Commissioner. of not less than twenty (20) years of continuous permanent service, provided the Branch Head is satis- (ix) $392 per annum provided that in the case of fied with the officer's efficiency, diligence and con- a Flexowriter Operator the officer passes an duct and such allowance shall cease on promotion to examination approved by the Com- a higher position or shall cease should the officer re- missioner. fuse to accept promotion. (x) $283 or $392 per annum as determined by the Commissioner, in the case of other 11.—Clerical Division Group VI Offices. categories which do not fit into the above (a) The annual salaries applicable to offices within classifications and subject to the officer Group VI shall be as follows: passing an examniatiori approved by the Age or Year of Adult Services $ Commissioner. 15 years 5 135 (b) The allowances prescribed by subclause (a) 16 years 5 694 shall not be cumulative so as to permit an officer to 17 years 6 296 receive more than one allowance at the same time. 18 years 7 345 (c) Continued payment of any allowance pre- 19 years 8 508 scriBed by subclause (a) shall depend upon the 20 years 9 555 Branch Head being satisfied with the officer's ef- 21 years or first year of adult service 10 492 ficiency, diligence and conduct. 22 years or second year of adult service .... 10 866 23 years or third year of adult service 11 250 13.—Qualifications Allowances—Groups II and IV. 24 years or fourth year of adult service 11 622 (a) Diplomates. (b) A Group VI officer designated as a Telephonist An officer who holds— who has completed not less than twenty (20) years of continuous permanent service shall be paid an allow- A Diploma of the Technical Education Div- ance of $200 per annum, provided the Branch Head ision of the Education Department; is satisfied with the officer's efficiency, diligence and or passes five (5) units in a Bachelors Degree conduct. course at the University of Western Australia; 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2337

or passes five (5) units in a Bachelors Degree period of 12 months from the date of operation of any course at Murdoch University; variation thereof, either of the parties may negotiate or passes the first four years of a part-time sylla- with the other party to amend or add to this Agree- bus of an Associateship or Bachelors Degree ment or approach the Public Service Arbitrator for course at the Western Australian Institute of an amendment to this Agreement. Technology; In witness whereof the parties hereto have here- or who holds or passes a qualification or examin- unto set their hands and seals the day and year first ation which, in the opinion of the Com- before written. missioner, is equivalent to any of the afore- The Common Seal of the Civil Ser- said; vice Association of Western and who occupies an office classified at a level Australia Incorporated was listed in column (a) of subclause (c), shall be hereunto affixed in the pres- paid a qualifications allowance at the rate ex- ence of— pressed in column (b) of that subclause. [L.S.] 0. S. MIDDLETON. (b) Graduates and Associates. A. J. DRABBLE. An officer who holds— ANTHONY BLACK. a Bachelors Degree at the University of Signed on behalf of the Com- Western Australia; missioner of Transport in the or a Bachelors Degree at the Western Australian presence of— Institute of Technology; [L.S.] R. J. ELLIS. or a Bachelors Degree at the Murdoch Univer- B. A. TAPPER. sity; or an Associateship of the Technical Education Division of the Education Department; or passes an Associateship of the Western Aus- tralian Institute of Technology; or who holds or passes a qualification or examin- PUBLIC SERVICE ARBITRATION. ation which, in the opinion of the Com- AGREEMENT FILED. missioner, is equivalent to any of the afore- PUBLIC SERVICE ARBITRATION ACT, 1966. said; PURSUANT to the provisions of Regulation 8 of the and who occupies an office classified at a level Public Service Arbitration Act Regulations 1978 the listed in column (a) of subclause (c), shall be following Agreement is published for general infor- paid a qualifications allowance at the rate ex- mation. pressed in column (c) of that subclause. . Column Column S. M. ARMSTRONG, (c) Column (a) (b) (c) Registrar. Annual Annual Allow- Allow- ance— ance— Graduates Diplo- and mates Associates Group IV 200 300 Western Australia. Group II: Public Service Arbitration Act, 1966. Classes 1 to 4 inclusive 200 300 COMMISSIONER OF TRANSPORT Class 5 100 200 GENERAL DIVISION OFFICERS' Class 6 minimum Nil 100 SALARIES AGREEMENT 1983. Class 6 maximum and above Nil Nil No. 18 of 1983. Payment of an allowance under the provisions of THIS agreement made pursuant to the provisions of this clause shall cease as a result of the officer the Public Service Arbitration Act, 1966, of Western being appointed to an office for which no qualifi- Australia, this 4th day of October, 1983, between the cations allowance is provided. Civil Service Association of Western Australia Incor- porated (hereinafter referred to as the Association) of 14.—Temporary Officers. the one part and the Commissioner of Transport The provisions of subclauses 7 (b), 9 (c), 9 (d), 9 (e) (hereinafter referred to as the Commissioner) of the and 10 (c) do not apply in respect of an officer tem- other part, withnesseth that the parties hereto mutu- porarily employed. ally covenant and agree the one with the other as follows:— 15.—Annual Increments. Subject to an officer's efficiency, diligence and con- 1.—Title. duct, an officer shall proceed from the minimum to This Agreement shall be known as the General the maximum of his salary range where so provided, Division Officers' Salaries Agreement 1983 by annual increments according to the grades of such (Commissioner of Transport) and shall supersede classification. and replace the General Officers' Salaries Agreement, 16.—Copies of Agreement. 1975 (Commissioner of Transport) No. 35 of 1975. Every officer employed in the Administrative and 2.—Arrangement. Clerical Divisions shall be entitled to have access to a 1. Title. copy of this Agreement. 2. Arrangement. Sufficient copies shall be available in the Com- 3. Scope. mission for this purpose. 4. Adjustment of Salary Rates. 5. Salary Classes and Grades. 17.—Term of Agreement. 6. Group I Offices. This Agreement shall operate as from 18th 7. Group II Offices. December 1981 and shall remain in force for a period 8. Group VII Offices. of three years, provided that at any time after the ex- 9. Annual Increments. piration of the first 12 months from the date of oper- 10. Copies of Agreement. ation of this Agreement, or of the expiration of any 11. Term of Agreement. 2338 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

3.—Scope. Class 2 v This Agreement shall apply to all Government Minimum 12 970 Officers in a general capacity employed by the Com- Intermediate 13 251 missioner. Maximum.., 13 521 Class 3 4.—Adjustment of Salary Rates. Minimum 13 521 The salary rates prescribed by this Agreement Intermediate 13 832 shall be varied to the extent necessary to give effect Maximum 14 275 to any decision of the Australian Conciliation and Ar- Provided that: bitration Commission in a National Wage Case made (i) an officer appointed to an office which has during the currency of this Agreement and expressed been classified by an amalgamation of to be on general economic grounds and which has Classes 1 and 2, shall proceed to the general application. intermediate salary of Class 2, after he has been in receipt of the maximum salary of 5.—Salary Classes and Grades. Class 1 for a continuous period of 12 In allocating salaries or salary ranges to offices in months; accordance with the provisions of Section 12 of the (ii) an officer appointed to an office which has Public Service Arbitration Act, 1966, the Com- been classified by an amalgamation of missioner may amalgamate any two or more classes Classes 2 and 3, shall proceed to the or grades. intermediate salary of Class 3, after he has been in receipt of the maximum salary of Class 2 for a continuous period of 12 6.—Group I Offices. months; and The annual salaries applicable to offices within (iii) an officer appointed to an office which has Group I shall be allocated from the following salary been classified by an amalgamation of points:— Classes 1, 2 and 3 shall proceed to the q> $ intermediate salary of Class 2 after he has 1. 5 099 11. 12 970 been in receipt of the maximum salary of 2. 5 666 12. 13 251 Class 1 for a continuous period of 12 months 3. 5 859 13. 13 365 and to the intermediate salary of Class 3 4. 6 906 14. 13 521 after he has been in receipt of the maximum 5. 8 079 15. 13 832 salary of Class 2 for a continuous period of 6. 9 388 16. 14 275 12 months. 7. 10 602 17. 14 777 (b) An officer who is over the age of 21 years on ap- 8. 11 622 18. 15 304 pointment may be appointed at a minimum rate of 9. 12 070 19. 15 826 pay based on years of service and not on age. 10. 12 535 20. 16 365 (c) A Group VII officer who is married and who is Provided that an officer , on attaining the age of 21 wholly or substantially supporting a spouse and/or years shall not be paid less than $11 622. dependent relatives, on the approval of the Com- missioner, shall be paid an allowance equivalent to 7.—Group II Offices. the difference between his rate of pay and the next The annual salaries for offices classified in Group higher grade in the incremental scale of the salary II shall be as follows:— range allocated to the office to which he is appointed. Class Minimum Intermediate Maximum (d) An officer retained on the maximum salary pre- $<£ $ $ scribed for Classes 1, 2 or 3 by subclause (a) of this 1 14 777 15 304 clause for a period of five years shall be paid an al- 2 15 826 — 16 365 lowance of $200 per annum provided that the Com- 3 16 924 — 17 485 missioner is satisfied with the officer's efficiency, 4 18 079 — 18 681 diligence and conduct and such allowance shall cease 5 19 276 — 19 882 on promotion to a higher position or shall cease 6 20 555 — 21195 should the officer refuse to accept promotion. 7 21 848 22 474 23 137 8 23 800 — 24 462 9.—Annual Increments. 9 25 160 — 25 843 Subject to good conduct, diligence and efficiency 10 26 575 — 27 329 an officer shall proceed from the minimum to the 11 28 048 — 28 780 maximum of his salary range by annual increments 12 — — 29 886 according to the increments of such salary range. 13 — — 31 293 8.—Group VII Offices. 10.—Copies of Agreement. (a) The annual salaries for Group VII offices shall Every officer covered by this Agreement shall be be as follows: entitled to have access to a copy of this Agreement. Class 1 $ Sufficient copies shall be available in each Section for 15 years of age 5 099 this purpose. 16 years of age 5 666 17 years of age 6 906 18 years of age 8 079 11.—Term of Agreement. 19 years of age 9 388 This Agreement shall operate as from 18th 20 years of age 10 602 December 1981 and shall remain in force for a period 21 years of age or first year of adult of three years, provided that at any time after the ex- service 11622 piration of the first 12 months from the date of oper- 22 years of age or second year of adult ation of this Agreement, or of the expiration of any service 12 070 period of 12 months from the date of operation of any 23 years of age or third year of adult variation thereof, either of the parties may negotiate service 12 535 with the other party to amend or add to this Agree- 24 years of age or fourth year of adult ment or approach the Public Service Arbitrator for service 12 970 an amendment to this Agreement. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2339

In witness whereof the parties hereto have here- 3.—Area and Scope. unto set their hands and seals the day and year first This Agreement shall apply to all Government before written. Officers employed under and within the meaning of The Common Seal of the Civil Ser- the Forests Act, 1918-1976 who occupy positions on vice Association of Western the field staff of the Conservator. Australia Incorporated was hereunto affixed in the presence of— 4.—Adjustment of Salary Rates. [L.S.] O. S. MIDDLETON. The various salary rates expressed herein shall be A. J. DRABBLE. automatically varied to conform to any variations ANTHONY BLACK. which are made from time to time in the equivalent Signed on behalf of the Com- salary rates applying to officers covered by the Public missioner of Transport in the Service General Division Salaries Agreement 1982, presence of— No. 2 of 1982 except that the salary rates for Clerk [L.S.] R. J. ELLIS. Typists, Typists, Clerical Assistants and Telephon- B. A. TAPPER. ists shall be varied automatically to conform to any variations which are made from time to time in the equivalent salary rates applying to officers covered by the Public Service Administrative and Clerical Divisions Salaries Award 1982 No. 1 of 1982. Any variations to the Public Service General Division Salaries Agreement 1982, No. 2 of 1982 or to the Pub- PUBLIC SERVICE ARBITRATION ACT 1966. lic Service Administrative and Clerical Divisions PURSUANT to the provisions of Regulation 8 of the Award 1982, No. 1 of 1982 shall apply to the salary Public Service Arbitration Act Regulations 1978 the rates expressed herein from the same date of appli- following Agreement is published for general infor- cation that the variations have been effected in re- mation. spect to the appropriate Agreement/Award referred S. M. ARMSTRONG, to above. Registrar. Western Australia. 5.—Salaries. PUBLIC SERVICE ARBITRATION ACT, 1966-1982. (a) The salaries applicable to officers covered by this Agreement unless otherwise specifically stated in THE FORESTS ACT FIELD STAFF this Agreement, shall be as set out in Schedule A to AGREEMENT, 1983. this Agreement. No. 25 of 1983. (b) In allocating salaries or salary ranges, in ac- THIS Agreement, made pursuant to the provisions of cordance with section 12 of the Public Service Arbi- the Public Service Arbitration Act, 1966-1982 of tration Act, 1966-1982 the Conservator may amalga- Western Australia, this 21st day of October 1983, be- mate any two or more levels. tween the Civil Service Association of Western Aus- tralia Incorporated (hereinafter referred to as the As- sociation) of the one part and the Conservator of For- 6.—Forest Rangers. ests (hereinafter referred to as the Conservator) of the other part, witnesseth that the parties hereto mu- Subject to the provisions of Clause 13, Officers tually covenant and agree the one with the other as classified as Forest Rangers shall progress annually follows:— through the salary range for Level F.2 and Level F.3 in Schedule A to this Agreement, according to the in- 1.—Title. crements therein. This Agreement shall be known as the Forests Act Field Staff Agreement, 1983 and shall supersede and replace The Forests Act Field Staff Agreement 1980, 7.—Technical Assistants. No. 4 of 1980. Subject to the provisions of Clause 13, Officers classified as Technical Assistant shall be paid the ap- 2.—Arrangement. propriate salary rate for Level F.l in Schedule A and 1. Title. shall progress annually through the range of salary 2. Arrangement. according to the salary increments provided that an 3. Area and Scope. officer who is aged 21 or over on appintment to the 4. Adjustment of Salary Rates. Field Staff shall not be classified at a level less than 5. Salaries. Level F.2. 6. Forest Rangers. 7. Technical Assistants. 8. Clerical Personnel. 8.—Clerical Personnel. 9. Laboratory Assistants. The rates of pay and the associated conditions for 10. Permanent Officers. clerical personnel (not being Forest Rangers or 11. Temporary Officers. above) employed by the Conservator shall be pre- 12. Promotion. scribed in Clauses 8, 9, 10, 11, 12, 13 and 14 of the 13. Annual Increments. Public Service Administrative and Clerical Divisions 14. Fire Duties Allowances and Conditions. Salaries Award 1982, No. 1 of 1982. 15. Resident Officers. 16. Weekly and Daily Hours of Employment. 17. Leave of Absence. 18. Miscellaneous Allowances. 9.—Laboratory Assistants. 19. Provision of Uniforms. Officers employed by the Conservator in the ca- 20. Status. pacity of Laboratory Assistant shall be paid the ap- 21. Maintenance of Salaries. propriate rate in accordance with the salary range 22. Copies of Agreement. and allowances set out in Clause 9 of the Public Ser- 23. Term of Agreement. vice General Division Salaries Agreement 1982, No. 2 Schedule A—Salaries of 1982. 2340 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rd November, 1983

10.—Permanent Officers. recreation. Provided that such additional With the approval of the Conservator, a person leave shall be proportionately reduced to temporarily employed may be appointed to the per- take into account— manent'staff on the completion of six (6) months pro- (a) any period of long service leave, leave bationary service, provided a satisfactory report as to without pay, annual leave or sick conduct diligence and efficiency is received from a leave in excess of two weeks taken Superintendent. Any such appointment will be sub- during the fire season; ject to probation and medical examination as pro- (b) any period during which an officer is vided for in the Public Service Act, 1978. transferred to duties not associated with fire control and during which the officer's name is removed from 11.—Temporary Officers. the list of officers rostered for fire A temporary officer under this Agreement shall be duties; paid at a rate of pay equivalent to the annual rate (c) reductions in the additional week's that would be payable under the provisions of this leave provided by subclause I4A Agreement to a permanent officer engaged on duties (a)(i) shall be at the rate of one day of of a similar nature and of equal responsibility. leave for each period of five (5) weeks that an officer is not included in the Divisional List except in the circum- 12.—Promotion. stances of subclause 14A (a) (i) (a) (a) Promotional examinations shall be conducted where no deduction from the ad- from time to time as provided in the Forests Act and ditional leave shall be made until the Regulations. commencement of the third week of (b) Where the passing of a promotional examintion absence from duty. No reduction is a prerequisite for promotion to a higher grade, a shall be made to the additional leave permanent officer may sit for the examinations in if an officer is rostered for fire duties their consecutive order up to and including two for at least eleven (11) Sundays or grades above his classification at the time of the ap- Public Holidays in one fire season. plication to sit for such examination. Provided that Provided further that the ad- the Conservator may refuse permission to sit for the ditional week's leave shall not be sub- same examination on two successive occasions. ject to the annual leave loading pre- (c) There shall be no barrier which prevents any scribed by the Public Service Miscel- officer from sitting for any examinations set down in laneous Allowances Award 1982, No. the Forests Act and Regulations on the basis that the 14 of 1982. request complies with Clause 12 (b). (d) Every candidate shall be advised in writing by (ii) The list shall contain the following desig- the Conservator of the results of such examination. nation of officers:— Duty Officer (e) The passing of the prescribed examination is a Duty Officer in Training prerequisite for promotion to the following grades:— Officers on Fire Emergency Availability Assistant Forester Forester (a) Basis for Payment to Duty Officers: Al- lowance shall be paid for periods of District Forester actual duty as required by the roster An officer who has passed the examination pre- based on the following formula: scribed for promotion to the next higher level and (i) Where the roster period is for who has been on the maximum of his level for twelve five normal working days plus (12) months shall, whilst awaiting promotion, receive Saturday and Sunday the allow- an allowance of $200 per annum payable as from the ance is computed using the sal- first day of January subsequent to the date of the ary rate at the maximum payable promotional examination or the date thereafter when to a District Forester for the fol- he completes twelve (12) months service at the maxi- lowing number and distribution mum of his level, providing that any such officer who of hours. refuses promotion to a higher level shall not receive Monday to Friday—2 'A hours at the allowance. time and one half. Saturday a.m.—2 hours at time 13.—Annual Increments. and one half. Subject to good conduct, diligence and efficiency to Saturday p.m.—1 hour at double the satisfaction of the Conservator, officers shall pro- time. ceed from the minimum to the maximum of their Sunday—2 hours at double time. classifications by annual increments according to the (ii) Provided that an additional al- grades of such classifications. lowance shall be paid for each Public Service Holiday so worked on the basis of 2 hours at 14.—Fire Duties, Allowances and Conditions. double time and one half at the For the purpose of this clause, unless the contrary maximum salary rate for District intention appears, the term Fire Control shall be Forester. deemed to include fire suppression, prescribed burn- (iii) Provided that an officer rostered ing, experimental burning, mopping up operations on a Public Service Holiday has and patrols. his allowance payable under (i) A. Listed Officers: (a) The Conservator shall com- reduced by one half hour at time pile a list of all officers to be rostered for fire duties and one half for each public hol- and shall forward a copy of the list to all Divisions iday so rostered. prior to the first day of October in each year. All (b) Basis for Payment to Duty Officer in officers included in the list shall be entitled to the Training: Allowances shall be paid for following:— periods of actual duty as required by (i) One week's leave in addition to the normal the roster based on the following for- entitlement to annual leave of absence for mula. 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2341

The allowance for the Duty Officer in (i) A listed officer who is not rostered for Training is calculated on the maximum duty and who has not been placed on salary payable to an Assistant Forester fire emergency availability by the Duty for the following number and distri- Officer shall not be required to restrict bution hours. his movements outside of normal hours, Monday to Friday—Va hour per day at provided that an address (to be used time and one half. only in the case of emergency) shall be Saturday a.m.—1 hour at time and one indicated on the Disposition Board. half. Saturday p.m.—1 hour at double time. B. Non Listed Officers. Sunday—2 hours at double time. (a) An officer not named in the list specified in subclause 14A (a) shall be deemed to be unavailable Fire Emergency Availability payment for rostering and may leave his district outside of will use a daily or weekly rate calculated normal hours, without obtaining the permission of on an hourly basis. There will be mini- the authorised Senior Officer. mum hours of duty for which payment will be made (shown below). However, (b) An officer not specified in subclause 14A (a) where actual work is undertaken during may be placed on fire emergency availability by a the period of emergency availability Senior Officer authorised by the Conservator and in service, the minimum hours for which such circumstances, payment to that officer shall be payment will be made will be reduced in accordance with allowances prescribed by by the number of hours so worked. subclause 14A (ii). (c) An officer not named in the list who is placed on fire emergency availability on more than five (5) Officer Designation Minimum No. of Hrs Week- weekends shall be entitled to the additional leave and end allowances prescribed by subclause 14A. Week- Day or Per (d) Any officer may be called upon to engage in day P.S.H. Week actual fire control or associated duties and such work A. Officers on Fire Emerg- performed outside of normal working hours shall be ency Availability classed as overtime and payment for such work shall A.l Listed Officer on Weekly be at the rates prescribed by the Public Service Roster 3 11 37 Overtime Award 1978, No. 10 of 1978. No. on Roster 3 11 — A.2 Non-listed Officer 3 11 — C. General. B. Duty Officer in Training... 4 12 44 (a) An officer who is called out whilst available on C. Duty Officer 5 13 51 fire emergency availability shall be paid at the rates (d) The rate of payment for fire emergency prescribed by the Public Service Overtime Award availability will be:— 1978, No. 10 of 1978, and for a minimum period of Weekdays—On call rate in accord- one half hour as prescribed therein. ance with Clause 7 of the Public (b) An officer who is required to carry out any fire Service Overtime Award 1978, No. control duties outside of normal hours and who is not 10 of 1978. on fire emergency availability shall be paid for such Weekend Days and Public Service overtime at the rates prescribed by the Public Ser- Holidays—On call rate as above x vice Overtime Award 1978, No. 10 of 1978, and for a 162.9 per cent. minimum period of three hours as prescribed therein. (e) The Conservator and the Association (c) For the purposes of this clause, the fire shall meet prior to each fire season and "season" means a period of twenty six (26) consecu- prepare a schedule detailing the duties tive weeks commencing on and from the beginning of and conditions pertaining to fire emerg- the first pay period in November. Provided that the ency including allowances and hours of Conservator may extend or reduce the fire season by duty. This schedule shall be binding on varying the commencing or finishing date to suit the parties. seasonal conditions. (f) Work performed on fire control outside (d) Allowances prescribed by this clause shall be of normal working hours, and other applied during any periods of extension of the fire than required in the performance of fire season. duties as defined in accordance with (e) For the purpose of this clause of the Agreement, Clause 14A (a) (ii) (e) shall be classed as where an officer is required to work a continuous overtime and payment for such work period of overtime which extends past midnight into shall be at the rates prescribed in the the succeeding day the time worked after midnight Public Service Overtime Award 1978, shall be included with that worked before midnight No. 10 of 1978. for the purpose of the calculation of payment pro- (g) An officer included in the list provided vided for in this clause. by subclause 14A (a) shall have at least (f) Where an officer so elects in writing before com- an average of one weekend in three en- mencing to work overtime, time off in lieu of pay- tirely free from duty. ment may be granted by the Conservator. Such time (h) An officer who is included in the list off in lieu to be determined on an hourly basis by after the commencement of the fire dividing his normal hourly rate of pay into the season, shall be entitled to the appro- amount to which he would otherwise have been en- priate allowances prescribed by titled at the prescribed rate in accordance with this subclause 14A (ii). Such an officer shall clause. receive additional leave at the rate of (g) A break of at least 30 minutes, which shall be one day for every five (5) weeks or reckoned as time worked, shall be made for meals be- portion of five (5) weeks that the officer tween 12.00 noon and 2.00 p.m. when overtime is is included in the list. worked on a Saturday, Sunday or Public Service Hol- Provided further that an officer shall iday, and between 5.00 p.m. and 7.00 p.m. on any be entitled to five (5) days leave if he is week day on which overtime is worked. Provided that included on the list for at least eleven when the taking of a meal during the hours stipulated (11) Sundays or Public Holidays. will seriously interfere with effective fire suppression, 2342 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983 a duly authorised officer may vary the hours during (vi) Public Service Shift Work Agreement 1978, which the meal break may be taken but not so as to No. 24 of 1978; prescribe a period in excess of six (6) hours between (vii) Public Service Property Allowance Award No. meal breaks. 4 of 1981; (h) (i) Where an officer performed overtime duty (viii) Public Service Diving and Flying Allowances after the time at which his normal hours of duty end Agreement 1982, No. 16 of 1982; on one day and before the time at which his normal hours of duty are to commence on the next suc- (ix) Public Service Allowances (District) Agree- ceeding day for a period which results in the officer ment 1973, No. 5 of 1973; not being off duty between these times for a continu- (x) Public Service Accommodation Allowance ous period of not less than eight hours, the officer is Award 1981, No. 3 of 1981. entitled to absent himself from duty without loss of salary, until he has, from the time he ceased to perform overtime duty, been off duty for a continuous 19.—Provisions of Uniforms. period of eight hours. Provided an officer who ceases All permanent officers covered by this Agreement duty at the fire face after midnight on the final day of who so desire shall be issued with a uniform ap- operations associated with a large fire organisation proved by the Conservator. shall not be required to return to normal duty on that day. (a) Upon receiving the officer's written application for the following uniform issue, the Conservator shall (ii) Provided that where an officer is required to re- supply the officer with the following items at the rate turn to or continue work without such break, he shall of one set per annum. be paid at double the ordinary rate until he is released from duty, until he has eight consecutive 1 pair long or short trousers or skirt hours off duty without loss of pay for ordinary work- 1 long or short sleeve shirt ing time occurring during such absence. 1 belt 1 tie 15.—Resident Officers. 1 pair walk socks if short trousers are elected. (a) A member of the field staff shall be required to Provided that at the time of this issue the officer be resident in the accommodation provided at the shall purchase at his own expense one (or more) simi- district headquarters unless otherwise approved by lar set(s) of clothing through the Departmental store. the Conservator. Such purchase will be at cost price to the Forests De- (b) An officer who is not resident in Departmental partment. accommodation and who is required by the Conser- (b) Within any 12 month period an officer may vator to have his residence connected to the tele- have any part of the uniform replaced free of charge phone shall have all rental charges and connection where proven accidental damage while at work has fees and costs incurred on behalf of the Department, rendered the article unserviceable. met by the Conservator. (c) A uniform, or parts of a uniform, will not be replaced within the 12 monthly period for normal fair 16.—Weekly and Daily Hours of Employment. wear and tear. Officers shall work seventy-five (75) hours per fort- (d) Should the officer terminate his employment, night. This period shall be worked over a period of or his services are terminated by the Conservator be- not more than five days in any week, Monday to cause of misconduct or unsatisfactory service, within Friday between the hours of 8.00 a.m. and 5.00 p.m., six months of the date employment commences, the provided that no officer shall be required to work pro rata cost of that issue of uniform may be de- more than eight (8) hours on any one day. ducted from any payment due to the officer at the day of termination. 17.—Leave of Absence. The provisions of the Public Service Act, 1978 and the Regulations thereunder relating to Long Service 20.—Status. Leave, Annual Leave, Sick Leave and Short Leave are to apply to officers covered by this Agreement. An officer covered by this Agreement shall not lose Provided that any Administrative Instruction pub- status except for incompetence, inefficiency or mis- lished and dealing with those areas of leave referred demeanour. to in this clause, shall be deemed to apply mutatis mutandis to officers covered by this Agreement. 21.—Maintenance of Salaries. 18.—Miscellaneous Allowances. Nothing in this Agreement shall lower the rate of (a) Subject to the provisions of this Agreement, the salary any officer was in receipt of at the coming into Agreements and Awards listed in subclause (b) force of this Agreement. hereunder and any amendments thereto and any Agreement and Awards which supersede those listed in subclause (b) shall be deemed to have been made 22.—Copies of Agreement. between the parties to this Agreement and shall Every officer shall be entitled to have access to a apply mutatis mutandis: copy of this Agreement. Sufficient copies shall be available in each outstation for this purpose. (b) (i) Public Service Miscellaneous Allowances Award 1982, No. 14 of 1982; 23.—Term of Agreement. (ii) Public Service Overtime Award 1978, No. 10 of 1978; provided that the terms of the Agreement shall This Agreement shall operate as from and includ- not apply in the case of work performed in relation to ing 21st October, 1983 and shall remain in force for a period of three (3) years, provided that at any time Clause 14 of this Agreement. after the expiration of the first 12 months from the (iii) Public Service Motor Vehicle Allowances operative date of this Agreement or after the expir- Award 1976, No. 13 of 1976; ation of any period of 12 months from the date of any (iv) Public Service Allowances (Higher Duties) variation thereof, either of the parties may negotiate Award 1981, No. 8 of 1981; with the other part to amend or add to this Agree- (v) Public Service Camping Allowance Agreement ment or approach the Public Service Arbitrator for 1976, No. 6 of 1976; an amendment to this Agreement. 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2343

SCHEDULE A. PUBLIC SERVICE ARBITRATION ACT 1966. $ PURSUANT to the provisions of Regulation 8 of the LF1 15 years 5 405 Public Service Arbitration Act Regulations 1978 the 16 years 6 006 following Agreement is published for general infor- 17 years 7 320 mation. 18 years 8 564 S. M. ARMSTRONG, 19 years 9 951 Registrar. 20 years 11238 LF2 1st year 15 132 2nd year 15 664 3rd year 16 222 4th year 16 776 Western Australia. LF3 1st year 17 347 Public Service Arbitration Act 1966. 2nd year 17 939 THE NATIONAL TRUST OF AUSTRALIA (W.A.). 3rd year 18 534 LF4 19 164 ADMINISTRATIVE, CLERICAL AND GENERAL 19 802 OFFICERS SALARIES, ALLOWANCES AND LF5/6 20 433 CONDITIONS AGREEMENT 1983. 21075 No. 23 of 1983. 21 788 THIS agreement made pursuant to the provisions of 22 467 the Public Service Arbitration Act 1966, of Western LF7 23 822 Australia, this 4th day of October 1983, between the 24 525 Civil Service Association of Western Australia Incor- LF8 25 228 porated (hereinafter referred to as the Association) of 25 930 the one part and The National Trust of Australia LF9 26 670 (W.A.) (hereinafter referred to as the Trust) of the 27 394 other part, witnesseth that the parties hereto mutu- LF10 28170 ally covenant and agree the one with the other as fol- 28 969 lows:— LF11 29 731 30 507 1.—Title. LF12 31679 33 171 This Agreement shall be known as the The National Trust of Australia (W.A.) Administrative, In Witness whereof the parties thereto have here- Clerical and General Salaries Allowances and Con- unto set their hands and seals the day and year first ditions Agreement 1983 and shall supersede and re- before written. place The National Trust of Australia (W.A.) Admin- The Common Seal of The Civil istrative, Clerical and General Officers Salaries, Al- Service Association of Western lowances and Conditions Agreement 1978, No. 12 of Australia Incorporated was 1979. hereunto affixed in the presence of— [L.S.] O. S. MIDDLETON, 2.—Arrangement. Trustee. 1. Title. A. J. DRABBLE, 2. Arrangement. TrimtPA 3. Scope. ANTHONY BLACK, 4. Salaries and Salary Ranges. General Secretary. 5. Annual Increments. The Common Seal of the Conser- 6. Hours of Duty. vator of Forests of Western 7. Leave of Absence. Australia was hereunto affixed 8. Allowances. 9. Contract of Service. in the presence of— 10. Part Time Employees. [L.S.] P. J. McNAMARA, 11. Copies of Agreement. Acting Conservator of Forests. 12. Term of Agreement. J. ADAMS.

3.—Scope. This Agreement shall apply to all Government Officers employed in an Administrative, Clerical and General capacity by the Trust.

4.—Salaries and Salary Ranges. (a) subject to the provisions of the Public Service Arbitration Act 1966 the Trust shall:— (i) allocate to those offices categorised as Ad- ministrative and Clerical, such of the salaries and salary ranges as it deems appropriate taken from the Public Service Admin- istrative and Clerical Divisions Salaries Award 1982 No. 1 of 1982 including amendments, replacements and variations. (ii) allocate to those offices categorised as Gen- eral, such of the salaries and salary ranges as it deems appropriate taken from the Public Service General Division Salaries Agree- ment 1982, No. 2 of 1982 including amendments, replacements and variations. 2344 WESTERN AUSTRALIAN IN D U ST RIA L G A Z ETT E. [23rd November, 1983

(b) Subject to the provisions of this Agreement, all 9.—Contract of Service. of the provisions of the Award and Agreement men- (a) No officer shall leave the employ of the Trust tioned in subclause (a) of this clause shall be deemed until the expiration of one month's written notice of to have been made between the parties in this agree- his intention so to do without approval of the Trust, ment and shall apply mutatis mutandis. (b) One month's written notice shall be given by (c) Subject to the provisions of this Agreement, all the Trust to an officer whose services are no longer of the provisions of the Award and Agreement men- required. tioned in subclause (a) of this clause shall vary con- (c) The Trust may summarily dismiss an officer currently and to the same extent the terms of this deemed guilty of gross misconduct or neglect of duty Agreement. and the officer shall not be entitled to any notice or payment in lieu. 5.—Annual Increments. (d) An officer, having attained the age of 60 years, Subject to good conduct, diligence and efficiency, shall be entitled to retire from the employ of the an officer shall proceed to the maximum of the salary Trust. range allocated to the office which he occupies by (e) Every officer shall retire on attaining the age of annual increments. 65 years. 6.—Hours of Duty. The hours of attendance at work to be observed by 10.—Part-time Employees. officers shall be from 8.45 a.m. to 5.00 p.m. on five days a week, Monday to Friday, inclusive, with an 1. Salary: An officer who is employed on a part- interval of three quarters of an hour for luncheon. time basis shall be paid a proportion of the appropriate full time salary dependent upon time worked. Provided that the Trust by written instruction may The salary shall be calculated in accordance with the vary the time of attendance because of circumstances following formula: of public business or because of the nature of the duties of an officer or class of officer. The Association H0U Per 11 Time Fortnight x F" Fortnightly Salary will be supplied with a copy of such written notifi- 1 cation. 75 2. Annual Leave: An officer shall be granted leave Provided also that where hours of duty are so in accordance with Clause 7 of this agreement. Salary varied they shall not be so varied to prescribe ordi- payable during the period of leave shall be calculated nary working hours in excees of 37 Va hours per week. in accordance with the formula in paragraph 1 of this clause and based on the fortnightly salary at the time 7.—Leave of Absence. the leave is taken. Officers covered by the provisions of this Agree- 3. Long Service Leave; As the case requires an ment shall be entitled mutatis mutandis to the same officer shall proceed on long service leave for three conditions relating to:— months after seven years or 10 years part time ser- (i) Annual Leave; vice. Payment made for long service leave granted to (ii) Long Service Leave; an officer in respect of such part-time service shall be (iii) Sick Leave; adjusted according to the hours worked by the officer (iv) Short Leave; during that part-time service, subject to the follow- (v) Leave Without Pay; ing:— (vi) Study Leave; (a) If an officer consistently worked on a part- (vii) Military Leave; time basis for a regular number of hours (viii) Maternity Leave, and during the whole of his qualifying service, he (ix) Public Service Holidays shall continue to be paid the salary deter- as permanent officers employed under the provisions mined on that basis during the long service of the Public Service Act 1978. leave. (b) If an officer has worked a varying number of 8.—Allowances. weekly hours during his qualifying service, (a) Subject to the provisions of this Agreement, the the payment for long service leave granted following Awards and any amendments thereto in- in respect of part-time service should be cal- cluding replacement, shall be deemed to have been culated on a salary which bears to the made between the parties to this Agreement and fulltime salary of the position occupied by shall apply mutatis mutandis. the officer when taking leave the same pro- (i) Public Service Miscellaneous Allowance portion that the hours worked when em- Award, 1976, No. 17 of 1976; ployed part-time bears to the normal weekly (ii) Public Service Motor Vehicle Allowances hours of a full-time officer. Award, 1976, No. 13 of 1976; Example—Payment for long service leave granted (iii) Public Service Overtime Award, 1978, No. for seven year's service consisting of four year work- 10 of 1978; ing two-thirds of time and three year three-quarters of time shall be calculated as follows:— (iv) Public Service Property Allowance Award, (i) four-sevenths of leave paid at two-thirds sal- No. 4 of 1981; ary; and (v) Public Service Allowances (Higher Duties) Award, 1981, No. 8 of 1981. (ii) three-sevenths of leave paid at three-quarters salary. (b) Subject to the provisions of this Agreement, the conditions and allowances prescribed in the following This provision also applies to a full-time officer Agreements shall apply: who has been employed on a part-time basis during his qualifying service. (i) Public Service Allowance (District) Agree- ment 1973, No. 5 of 1973; 4. Sick Leave: Credits prescribed by Clause 7 of this agreement shall accrue to the officer, provided (ii) Public Service Camping Allowance Agree- that where an officer is employed for less than five ment 1976, No. 6 of 1976; days per week, the credits shall be pro-rated accord- (iii) Public Service Diving and Flying Allow- ing to the number of days worked each week. Pay- ances Agreement 1977, No. 13 of 1977. ment made for sick leave granted in respect of part- (iv) Public Service Shift Work Agreement 1978 time service shall be calculated in accordance with No. 24 of 1978. the formula set out in paragraph 1 of this clause. 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2345

5. Public Service Holidays: Officers are entitled to PUBLIC SERVICE ARBITRATION ACT, 1966 Public Service holidays in accordance with Clause 7 PURSUANT to the provisions of Regulation 8 of the of this agreement without variation of the officers' Public Service Arbitration Act Regulations 1978 the fortnightly salary provided the holidays occur on a following Agreement is published for general infor- day which is normally worked. mation. 6. Short Leave: Officers employed on a part-time S. M. ARMSTRONG, basis are not eligible for short leave prescribed by Registrar. Clause 7 of this agreement. 7. Annual Leave Loading: Officers shall be paid a loading of 17'A per cent on annual leave. Provided that in no case shall the loading on four weeks annual leave exceed the amount set out in the Common- wealth Bureau of Census and Statistics publication Western Australia for "Average Weekly Earnings per Male Employed Unit" in W.A. for the September quarter immedi- Public Service Arbitration Act, 1966-1982. ately preceeding the accrual of such leave. ROTTNEST ISLAND BOARD. ADMINISTRATIVE, CLERICAL AND GENERAL OFFICERS SALARIES ALLOWANCES AND CONDITIONS AGREEMENT 1983. 11.—Copies of agreement. No. 24 of 1983. Every officer shall be entitled to have access to a copy of this Agreement and the Awards and Agree- THIS Agreement made pursuant to the provisions of ments listed in Clause 8 and documentation of pro- the Public Service Arbitration Act, 1966, of Western visions listed in Clause 7 of this Agreement. Australia, this 12th day of October, 1983 between the Civil Service Association of Western Australia Incor- porated (hereinafter referred to as the Association) of the one part and the Rottnest Island Board 12.—Term of Agreement. (hereinafter referred to as the Board) of the other This Agreement shall operate as from and includ- part, witnesseth that the parties hereto mutually ing the 18th December, 1981 and shall remain in covenant and agree the one with the other as fol- force for a period of three years, provided that at any lows:— time after the expiration of the first 12 months from the date of operation of this Agreement or of the ex- 1.—Title. piration of any period of 12 months from the date of operation of any variation thereof, either of the par- This Agreement shall be known as the Rottnest Island Board Administrative, Clerical and General ties may negotiate with the other party to amend or Officers Salaries, Allowances and Conditions Agree- add to this Agreement or approach the Public Service ment, 1983 and shall supersede and replace the Arbitrator for an amendment of this Agreement. Rottnest Island Board Administrative, Clerical and General Officers Salaries, Allowances and Conditions Agreement 1978, No. 4 of 1979.

2.—Arrangement. In witness whereof the parties hereto have here- 1. Title. unto set their hands and seals the day and year first 2. Arrangement. before written. 3. Scope. The Common Seal of the Civil Ser- 4. Salaries and Salary Ranges. vice Association of Western 5. Annual Increments. Australia Incorporated was 6. Hours of Attendance. hereunto affixed in the pres- 7. Leave of Absence. ence of— 8. Allowances. 9. Contract of Service. 0. S. MIDDLETON. 10. Copies of Agreement. [L.S.] EDWIN DELL. ANTHONY BLACK. 11. Term of Agreement. The Common Seal of the National Trust of Australia (W.A.) in 3.—Scope. the presence of— This Agreement shall apply to all Government J. B. ROBERTS, Officers employed in an Administrative, Clerical or President. General capacity by the Board. P. A. WATSON, Secretary. 4.—Salaries and Salary Ranges. (a) Subject to the provisions of the Public Service Arbitration Act, 1966 the Board shall— (i) allocate to those offices categorised as Ad- ministrative and Clerical, such of the salaries and salary ranges as it deems appropriate taken from the Public Service Admin- istrative and Clerical Divisions Salaries Award 1982, No. 1 of 1982 including amendments, replacements and variations; (ii) allocate to those offices categorised as Gen- eral, such of the salaries and salary ranges as it deems appropriate taken from the Public Service General Division Salaries Agree- ment 1982, No. 2 of 1982 including amendments, replacements and variations. 2346 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

(b) Subject to the provisions of this Agreement, all (ii) Public Service Camping Allowance Agree- of the provisions of the Award and Agreement men- ment 1976, No. 6 of 1976; tioned in subclause (a) of this clause shall be deemed (iii) Public Service Diving and Flying Allowance to have been made between the parties in this agree- Agreement 1977, No. 13 of 1977; ment and shall apply mutatis mutandis. (iv) Public Service Shift Work Agreement 1978, (c) Subject to the provisions of this Agreement all No. 24 of 1978. amendments, replacements and variations to the Award and Agreement referred to in subclause (a) of this clause shall vary concurrently and to the same 9.—Contract of Service. extent the terms of this Agreement. (a) No officer shall leave the employ of the Board until the expiration of one month's written notice of 5.—Annual Increments. his intention to do so, without the approval of the Subject to good conduct, diligence and efficiency, Board. an officer shall proceed to the maximum of the salary (b) One month's written notice shall be given by range allocated to the office which he occupies by the Board to an officer whose services are no longer annual increments. required. (c) The Board may summarily dismiss an officer 6.—Hours of Attendance. deemed guilty of gross misconduct or neglect of duty and the officer shall not be entitled to any notice or The hours of attendance at work to be observed by payment in lieu. officers shall be 371/2 hours per week and shall be worked between the time of 9.00 a.m. to 5.00 p.m. on (d) An officer having attained the age of 60 years Monday to Friday inclusive, with an interval of one shall be entitled to retire from the employ of the hour for luncheon, from 1.00 p.m. to 2.00 p.m.; and Board. from 9.00 a.m. to 12 noon on Saturdays. The ordinary (e) Every officer shall retire on attaining the age of hours worked between 9.00 a.m. and 12 noon on 65 years. Saturdays shall be paid at the rate of time and one half, except in the case of the Manager who shall be paid at ordinary rates. 10.—Copies of Agreement. Provided that the Board by written instruction Every officer shall be entitled to have access to a may vary the time of attendance because of circum- copy of this Agreement and the Awards and Agree- stances of public business or because of the nature of ments listed in Clause 8 and documentation of pro- the duties of an officer or class of officer. The Associ- visions listed in Clause 7 of this Agreement. ation will be supplied with a copy of such written notification. 11.—Term of Agreement. Provided also that where hours of duty are so This Agreement shall operate as from and includ- varied they shall not be so varied to prescribe ordi- ing 18th December, 1981 and shall remain in force for nary working hours in excess of 371/2 hours per week. a period of three years, provided that at any time after the expiration of the first 12 months from the 7.—Leave of Absence. date of operation of this Agreement or of the expir- Officers covered by the provisions of this Agree- ation of any period of 12 months from the date of op- ment shall be entitled mutatis mutandis to the same eration of any variation thereof, either of the parties conditions relating to:— may negotiate with the other party to amend or add (i) Annual Leave; to this Agreement or approach with Public Service (ii) Long Service Leave; Arbitrator for an amendment of this Agreement. (iii) Sick Leave; (iv) Short Leave; (v) Leave Without Pay; (vi) Study Leave; (vii) Military Leave; In witness whereof the parties hereto have here- (viii) Maternity Leave, and unto set their hands and seals the day and year first (ix) Public Service Holidays. before written. as permanent officers employed under the provisions The Common Seal of the Civil Ser- of the Public Service Act, 1978. vice Association of Western Australia Incorporated was 8.—Allowances. hereunto affixed in the presence of— (a) Subject to the provisions of this Agreement, the following Awards and any amendments thereto in- 0. S. MIDDLETON. cluding replacement, shall be deemed to have been [L.S.] A. J. DRABBLE. made between the parties to this Agreement and ANTHONY BLACK. shall apply mutatis mutandis. The Common Seal of the Rottnest Island Board was hereunto af- (i) Public Service Miscellaneous Allowances fixed in the presence of— Award, 1976, No. 17 of 1976; D. J. SULLIVAN. (ii) Public Service Motor Vehicle Allowances Award, 1976, No. 13 of 1976; [L.S.] IAIN MACAULAY. (iii) Public Service Overtime Award, 1978, No. 10 of 1978; (iv) Public Service Property Allowance Award, 1981,No. 4of 1981; (v) Public Service Allowances (Higher Duties) Award, 1981, No. 8 of 1981. (b) Subject to the provisions of this Agreement, the conditions and allowances prescribed in the following Agreements shall apply: (i) Public Service Allowances (District) Agree- ment 1973, No. 5 of 1973; 23rd November, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

PUBLIC SERVICE ARBITRATION ACT, 1966. 5.—Amalgamation of Salary Classes. PURSUANT to the provisions of Regulation 8 of the In allocating salaries or salary ranges in accordance Public Service Arbitration Act Regulations 1978 the with section 12 of the Public Service Arbitration Act, following Agreement is published for general infor- 1966, the Board may amalgamate any two or more mation. classes. S. M. ARMSTRONG, Registrar. 6.—Administrative Division Offices. The annual salaries applicable to offices within the Administrative Division shall be as follows:— Class $ Western Australia. 1 29 955 Public Service Arbitration Act, 1966. 2 31360 TOTALISATOR AGENCY BOARD. 3 32 767 ADMINISTRATIVE AND CLERICAL SALARIES 4 34 172 AGREEMENT 1983. 5 35 564 No. 22 of 1983. 6 36 969 7 39 333 THIS Agreement made pursuant to the provisions of 8 41045 the Public Service Arbitration Act, 1966, of Western 9 42 761 Australia, this 4th day of October, 1983, between the 1 0 44 700 Civil Service Association of Western Australia Incor- 11 46 756 porated (hereinafter referred to as the Association) of the one part and the Totalisator Agency Board (hereinafter referred to as the Board) of the other part, witnesseth that the parties hereto mutually 7.—Clerical Division Group II Offices. covenant and agree the one with the other as fol- (a) Except where otherwise provided in this Agree- lows:— ment the classes and grades applicable to officers in the clerical positions shall be as indicated in Sched- ule A. This Agreement shall be known as the Totalisator Agency Board Administrative and Clerical Salaries (b) An officer appointed to a Class 1 office shall be Agreement 1983. paid an allowance to bring the officer's salary to the minimum of Class 2 after completion of 12 months' service on the maximum salary of such Class 1 office, 2.—Arrangement. which allowance shall be increased to bring the officer's salary to the maximum of Class 2 after 1. Title. completion of a further 12 months' service. 2. Arrangement. 3. Scope. 4. Adjustment of Salary Rates. Provided that— 5. Amalgamation of Salary Classes. (i) in each case the Permanent Head is satisfied 6. Administrative Division Offices. with the officer's efficiency, diligence and 7. Clerical Division Group II Offices. conduct and as to the ability of the officer to 8. Clerical Division Group III Offices. perform higher duties; 9. Clerical Division Group IV Offices. (ii) on the promotion of an officer to a higher 10. Clerical Division Group V Offices. position, any allowance received under this 11. Clerical Division Group VI Offices. subclause shall be reduced to bring the 12. Efficiency Allowances—Groups III and V. officer's salary up to the minimum salary of 13. Qualifications Allowances—Groups II and the position to which the officer is pro- IV. moted, and thereafter any allowance still re- 14. Temporary Employees. ceived by the officer shall be reduced and 15. Annual Increments. converted to salary as and when the officer 16. Copies of Agreement. becomes eligible for annual grade in- 17. Term of Agreement. crements. Schedule A—Clerical Division Group II—Salary Classes and Grades. (iii) an allowance paid under this subclause shall Schedule B—Clerical Division Group cease should the officer refuse to accept pro- III—Salary Classes and Grades. motion; and (iv) an officer shall not be eligible to receive an allowance under this subclause until the 3. —Scope. officer has completed not less than nine This Agreement shall apply to all Government years continuous service in the Clerical Div- Officers who are employed in an administrative or ision as an adult permanent officer. clerical capacity by the Board.

8.—Clerical Division Group III Offices. 4.—Adjustment of Salary Rates. (a) Except as otherwise provided in this Agreement The various salary rates expressed herein shall be the classes and grades applicable to officers classified automatically varied to conform to any variations Group III shall be as indicated in Schedule B. which are made from time to time in the equivalent salary rates applying to officers covered by the Public (b) An officer appointed to any of the Classes as set Service Administrative and Clerical Division Salaries out in Schedule B and who has completed not less Award 1982, No. 1 of 1982. Any such variations shall than twenty (20) years of continuous permanent ser- apply from the date that the variations have been ef- vice, shall be paid an allowance of $200 per annum, fected in respect to officers covered by this Agree- provided the Permanent Head is satisfied with the ment. officer's efficiency, diligence and conduct. 2348 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

9.—Clerical Division Group IV Offices. 10.—Clerical Division Group V Offices. (a) The annual salaries applicable to offices within (a) The annual salaries applicable to offices within Group IV shall be as follows:— Group V shall be as follows:— Age or Year of Adult Service $ Age or Year of Adult Service $ Under 17 years 6 089 Under 17 years 5 909 17 years 7 115 17 years 6 765 18 years 8 298 18 years 7 892 19 years 9 606 19 years 9 041 20 years 10 787 20 years 10 222 21 years or first year of adult service 11 850 21 years or first year of adult service 11 285 22 years or second year of adult service .... 12 297 22 years or second year of adult service .... 11 732 23 years or third year of adult service 12 742 23 years or third year of adult service 12 177 24 years or fourth year of adult service 13 188 24 years or fourth year of adult service 12 623 25 years or fifth year of adult service 13 635 (b) An officer who is over the age of 21 years on ap- 26 years or sixth year of adult service 14 080 pointment may be appointed at the minimum rate of 27 years or seventh year of adult service... 14 592 pay based on years of service and not of age. (b) An officer who is over the age of 21 years on ap- (c) A Group V officer who is in receipt of any of the pointment may be appointed at the minimum rate of allowances prescribed by Clause 12 and who has com- pay based on years of service and not of age. pleted at least four years continuous service on the (c) A Group IV officer who is married and who is maximum of the Group V range shall be paid an ad- wholly or substantially supporting a spouse and/or ditional allowance of $200 per annum. Payment of dependent relatives, on the approval of the Board, this additional allowance shall be subject to the shall be paid an allowance equivalent to the differ- Board being satisfied with the officer's efficiency, ence between his rate of pay and the next higher diligence and conduct and such allowance shall cease grade in the incremental scale of the Group IV range, on promotion to a higher position or shall cease with a maximum remuneration inclusive of such al- should the officer refuse to accept promotion. lowance equivalent to the rate of pay at age 27 years (d) A Group V officer who has not passed any of or seventh year of adult service. the examinations referred to in Clause 12 shall be (d) A Group IV officer who has passed the pro- paid an allowance of $200 per annum on completion motional examination or has acquired equal or higher of not less than twenty (20) years of continuous per- qualifications approved by the Board, who has com- manent service, provided the Permanent Head is sat- pleted seven (7) years continuous service as a clerical isfied with the officer's efficiency, diligence and con- officer, and who has been retained on the maximum duct and such allowance shall cease on promotion to salary of the Group IV range for at least one year, a higher position or shall cease should the officer re- shall be paid an allowance equal to the difference be- fuse to accept promotion. tween that salary and the minimum prescribed for Class 1 in Clause 7, progressing thereafter by annual 11.—Clerical Division Group VI Offices. increments equivalent to the prescribed incremental (a) The annual salaries applicable to offices within steps to the maximum of Class 2 in Clause 7. Group VI shall be as follows:— (e) A Group IV officer who has not passed the pro- Age or Year of Adult Service $ motional examination, or who does not possess the 15 years 5 135 higher qualifications required in subclause (d), but 16 years 5 694 has completed fifteen (15) years continuous service 17 years 6 296 as a clerical officer and who has been retained on the 18 years 7 345 maximum salary of the Group IV range for at least 19 years 8 508 one year, shall be paid an allowance equal to the dif- 20 years 9 555 ference between that salary and the minimum pre- 21 years or first year of adult service 10 492 scribed in Class 1 in Clause 7. On completion of a 22 years or second year of adult service .... 10 866 further year's service the allowance shall be increased 23 years or third year of adult service 11 250 to provide for a total salary, including the allowance, 24 years or fourth year of adult service 11 622 equal to the sum prescribed for the maximum of the (b) A Group VI officer designated as a Telephonist said Class I. On completion of twenty (20) years' con- who has completed not less than twenty (20) years of tinuous service the allowance shall be increased to continuous permanent service shall be paid an allow- provide for a total salary, including the allowance, ance of $200 per annum, provided the Permanent equal to the sum prescribed for the minimum of Head is satisfied with the officer's efficiency, dili- Class 2 in Clause 7, progressing after a further year's gence and conduct. service to the sum prescribed for the maximum of the (c) A Group VI officer designated as a Telephonist said Class 2. who passes a Telephonists' Efficiency Examination (f) (i) An allowance under subclauses (d) or (e) as approved by the Board shall be paid an allowance shall not be granted unless the Permanent of $163 per annum. Head is satisfied with the officer's efficiency, diligence and conduct and as to 12.—Efficiency Allowances—Groups III and V. the ability of the officer to perform higher (a) An officer appointed to a Group III or Group V duties; office shall be paid an allowance of:— (ii) On the promotion of an officer to a higher (i) $204 per annum provided that in the case of position any allowance received under a Typist or Clerk Typist the officer passes subclauses (d) or (e) shall be reduced to an efficiency examination approved by the bring the officer's salary up to the mini- Board in typing at 50 words per minute. mum salary of the position to which the (ii) $283 per annum provided that in the case of officer is promoted and thereafter any al- a Typist or Clerk Typist, the officer passes lowance still received by the officer shall an efficiency examination approved by the be reduced and converted to salary as and Board in typing at 60 words per minute. when the officer becomes eligible for (iii) $283 per annum provided that in the case of annual grade increments; and a Typist or Clerk Typist, the officer passes (iii) an allowance under subclauses (d) or (e) an efficiency examination approved by the cease should the officer refuse to accept Board in shorthand writing at a speed of 100 promotion. words per minute. 23rdNovember, 1983] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 2349

(iv) $487 per annum provided that in the case of or who holds or passes a qualification or a Typist or Clerk Typist, the officer passes examination which, in the opinion of the an efficiency examination approved by the Board, is equivalent to any of the aforesaid; Board in typing at 50 words per minute and and who occupies an office classified at a level in shorthand writing at 100 words per min- listed in column (a) of subclause (c), shall be ute. paid a qualifications allowance at a rate ex- (v) $565 per annum provided that in the case of pressed in column (c) of that subclause. a Typist or Clerk Typist the officer passes Column (c) an efficiency examination approved by the Column Annual Board in shorthand writing at a speed of 100 (b) Annual Aliow- Allow- ance- words per minute and typing at 60 words ance- Graduates per minute. Diplo- and As- mates sociates (vi) $565 per annum provided that in the case of (c) Column (a) a Machinist the officer passes an examination approved by the Board in typewriting Group IV 200 300 at a speed of 35 words per minute and in the Group II Classes 1 to 4 inclusive ... 200 300 operation of an accounting and listing Class 5 100 200 machine. Class 6 minimum Nil 100 Class 6 maximum and above Nil Nil (vii) $565 per annum provided that in the case of Data Processing Operators, the officer Payment of an allowance under the provisions of this clause shall cease as a result of the officer being passes an examination approved by the appointed to an office for which no qualifications al- Board. lowance is provided. (viii) $283 per annum provided that in the case of a Comptometrist or Electronic Calculator 14.—Temporary Employees. Operator the officer passes an examination A person employed in a temporary capacity shall approved by the Board. be paid at the daily or weekly rate of pay equivalent (ix) $392 per annum provided that in the case of to the annual rate that would be payable under the a Flexowriter Operator the officer passes an provisions of this Agreement to a permanent officer examination approved by the Board. engaged on duties of a similar nature and equal re- (x) $283 or $392 per annum as determined by sponsibility but in no case shall the provisions of the Board, in the case of other categories subclauses 7(b), 9(c), 9(d), 9(e) and 10(c) of the which do not fit into the above classifi- Agreement apply in respect of a person temporarily cations and subject to the officer passing an employed. examination approved by the Board. 15.—Annual Increments. (b) The allowances prescribed by subclause (a) Subject to good conduct, diligence and efficiency, shall not be cumulative so as to permit an officer to an officer shall proceed to the maximum of the salary receive more than one allowance at the same time. range allocated to the office which he occupies by annual increments. (c) Continued payment of any allowance prescribed by subclause (a) shall depend upon the Per- 16.—Copies of Agreement. manent Head being satisfied with the officer's ef- Every officer shall be entitled to have access to a ficiency, diligence and conduct. copy of this agreement.

17.—Term of Agreement. 13.—Qualifications Allowances—Groups II and IV. This Agreement shall operate as from and includ- (a) Diplomates. ing 18th December, 1981 and shall remain in force for An officer who holds— a period of three years, provided that at any time a Diploma of the Technical Education Div- after the expiration of the first 12 months from the ision of the Education Department; date of operation of this Agreement or of the expir- or passes five (5) units in a Bachelors Degree ation of any period of 12 months from the date of op- course at the University of Western Australia; eration of any variation thereof, either of the parties or passes five (5) units in a Bachelors Degree may negotiate with the other party to amend or add course at Murdoch University; to this Agreement or approach the Public Service Ar- or passes the first four years of a part-time bitrator for an amendment of this Agreement. syllabus of an Associateship or Bachelors De- gree course at the Western Australian Institute of Technology; or who holds or passes a qualification or In witness whereof the parties hereto have here- examination which, in the opinion of the unto set their hands and seals the day and year first Board, is equivalent to any of the aforesaid; before written. and who occupies an office classified at a level The Common Seal of the Civil Ser- listed in column (a) of subclause (c), shall be vice Association of Western paid a qualifications allowance at the rate ex- Australia Incorporated was pressed in column (b) of that subclause. hereunto affixed in the pres- (b) Graduates and Associates ence of— An officer who holds— O. S. MIDDLETON. a Bachelors Degree at the University of [L.S.] D. J. KINNIMONTH. Western Australia; or a Bachelors Degree at ANTHONY BLACK. the Murdoch University; or a Bachelors De- The Common Seal of the Totalis- gree at the Western Australian Institute of ator Agency Board was here- Technology; unto affixed by authority of or an Associateship of the Technical Edu- the Board in the presence of— cation Division of the Education Department; J. W. CRUTHERS. or passes an Associateship of the Western [L.S.] H. JARMAN. Australian Institute of Technology; J. J. LEMON. 2350 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [23rdNovember, 1983

Schedule A—Clerical Division Group II. Salary Classes and Grades. Class Minimum Inter- Maximum Schedule B—Clerical Division Group III. $ mediate $ Salary Classes and Grades. $ 1 14 948 15 473 Class Minimum Maximum 2 15 987 - 16 501 n $ 3 17 062 - 17 632 4 18 225 - 18 833 1 - 13 070 5 19 437 - 20 043 2 13 556 13 880 6 20 683 - 21332 3 14 488 14 843 7 21972 22 623 23 263 4 15 451 15 859 8 23 913 - 24 554 5 16 376 16 877 9 25 241 - 25 924 6 17 407 17 887 10 26 654 - 27 422 11 28 118 - 28 847