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Sub-part 3 WEDNESDAY, 19th APRIL, 1967 No. 47-Part 1

2.—Arrangement. 1. Title. BREWERY EMPLOYEES. 2. Arrangement. (Metropolitan.) 3. Interpretation. 4. Term. BEFORE THE WESTERN AUSTRALIAN 5. Area, INDUSTRIAL COMMISSION. 6. Rates of Pay. No. 2 of 1967. 7. General. Between the Breweries and Bottle-yards Employees' 8. Hours. Industrial Union of Workers of Western Aus- 9. Shift Work. tralia, Applicant, and the Swan Brewery 10. Overtime. Company Limited and others as per Schedule 11. Lunch Interval. attached, Respondents. 12. Smoko. , WHEREAS an industrial dispute existed between 13. Casual Hands. the abovenamed parties, and whereas the said dis- 14. Record. pute was referred to The Western Australian 15. Sunday work. Industrial Commission for the purpose of hearing 16. Holidays. and determination, and whereas the said reference 17. Annual Leave. of industrial dispute was allocated by the Chief 18. Bonus. Industrial Commissioner to Commissioner J. R. 19. Long Service Leave. Flanagan and whereas the parties subsequently met 20. Board of Reference. and conferred and have arrived at agreement on 21. Under Rate Workers. all matters in difference, and whereas the parties 22. Contract of Service. have this day appeared before the said Commis- 23. Sick Leave. sioner by their respective representatives and 24. Contractors. requested the said Commissioner to make the said agreement an award of the Commission: Now, 3.—Interpretation. therefore, the said Commissioner, pursuant to (1) "Casual Hand" shall mean any person who section 65 of the Industrial Arbitration Act, 1912- is not employed continually for more than forty 1966, and all other powers therein enabling him, ordinary working hours 7.30 a.m. to 5.30 p.m. hereby declares the memorandum hereunder (2) "Cylinder man" whenever used in this Award written to have the same effect as and be deemed shall mean a worker who is generally employed at an award of the Commission. a majority of the undermentioned occupations, namely filling, preparing, carbonating and racking Memorandum of Agreement. beer from a chilling cylinder, but shall not mean (Note: Wherever the word "award" occurs any worker who is casually employed in any of the herein, it shall be taken to mean and include last mentioned processes. "agreement".) (3) "Fireman" shall mean a person employed Award. in a stokehold attending a steam boiler or gas- 1.—Title. producing plant. This award shall be known as the "Brewing (4) "Leading hands" are workers who are in Industry (Metropolitan) Award 1967," and shall charge of and responsible for the work of others. replace Award No. 34 of 1963. (5) "Month" shall mean calendar month. 170 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

4.—Term. 8.—Hours. The term of this award shall be one year from Forty hours shall constitute an ordinary week's the date hereof. work for all workers. Such hours shall be worked on the following basis:— 5.—Area. All workers, other than shift workers, five day This award shall have effect over the area, com- week Mondays to Fridays inclusive, eight prised within a radius of 15 miles from the General hours per day to be worked within a spread Post Office, Perth. of hours from 7.30 a.m. to 5.30 p.m. with one 6.—Rates of Pay. hour for lunch. The minimum rates of pay payable to workers 9.—Shift Work. covered by this award shall be as follows:— (1) Workers may be employed— $ (a) on "regular shift work" that is in regular (1) Basic Wage: rotation from week to week on two or Within a radius of 15 miles from three shifts spread over 16 or 24 hours re- the G.P.O. Perth 33.50 spectively, day shift to be worked from (2) Classification and margin over male 7.30 a.m. to not later than 3.30 p.m., after- basic wage per week: noon shift from 3.30 p.m. to not later than (a) Leading hands 11.38 11.30 p.m. and night shift from 11.30 p.m. (b) Motor lorry driver and fork lift to not later than 7.30 a.m.; driver 10.68 (b) on "casual shift work" that is on one (c) Cylindermen 9.16 weekly shift only worked in any depart- (d) Cellarmen (including fifty cents ment, casual day, afternoon and night per week for working in cold rooms shifts to start and finish at the times or cellars with a temperature of respectively referred to in the preceding less than 45 deg. Fah.) 9.16 paragraph. (e) Topmen 9.16 (2) In the case of both regular and casual shift (f) Cask pitchers 8.88 work, the first shift of the week will begin on Sun- (g) Firemen 8.88 day at 11.30 p.m. and the last shift of the week (h) All other adult workers employed shall finish at 11.30 p.m. on Friday. Duty rosters in or about a brewery, bottling shall be posted on Friday in each week and shall works, malt house or bottleyard .... 8.47 show the starting and finishing times of each (3) Cold Cellars: Workers in cold rooms or cel- worker during each week. Particulars relating to lars with a temperature of less than 45 deg. Fah. starting and finishing times shall be rigidly ad- (excluding cellarmen) shall be paid fifty cents hered to. per week in addition to the minimum rate. (3) The provisions contained in the previous (4) Boiler Cleaning (which shall include scrap- subclauses of this clause may be varied by mutual ing, cleaning and painting cylinders): For all time agreement between any employer and the union. which they may be employed at this class of work, (4) All workers employed on regular afternoon workers shall be entitled to be paid at the rate of and night shift work shall be paid an allowance fifteen cents per hour in addition to the rates equal to 10 per cent, of their ordinary weekly rate prescribed herein for their ordinary classification. of pay. (5) Ammonia Coils: For all time which they may be employed chipping, cleaning, scraping or (5) All workers employed on casual night shift painting ammonia coils, workers shall be entitled shall be paid an allowance equal to 124 per cent, to be paid at the rate of fifteen cents per hour in of their ordinary weekly rate of pay. addition to the rates prescribed herein for their (6) A crib time of thirty minutes shall be allowed ordinary classification, and whilst so engaged shall to all workers on regular or casual shift. Crib time be supplied free with goggles, pullovers and respira- shall be included in the working time. tors and allowed reasonable time before the end (7) The additional allowances mentioned in sub- of each shift to cleanse themselves. clauses (4) and (5) hereof shall be taken into consideration in calculating overtime rate for any 7.—General. overtime for work done beyond eight hours per (1) Boots: The employers agree to supply boots day on Mondays to Fridays inclusive. Except as to those workers employed at bottle washing on the aforesaid, the above allowances shall not be in- tanks, at the tubs, at the filters, at the cask wash- cluded for the purpose of calculating any other ing shed and at the bottlers, to be worn during penalty rates under this award. working hours, same to be supplied free of cost by the employers. 10.—Overtime. (2) Oilers and Aprons: The employers agree to (1) The following overtime shall be paid for at provide oilskin coats and leather aprons for carters the rate of time and a half:— to be used whilst the employer's work is being done only. (a) All time up to four hours worked. (3) Overalls: The employers will provide overalls (b) Over eight hours per day on Mondays to for those workers engaged in cleaning boilers or Fridays inclusive. economisers whilst so engaged. The overalls will (c) Outside the starting and finishing time remain the property of the employers and will be mentioned in Clause 8. retained after completion of the tasks. They will (d) In the case of shift workers outside ros- then be cleaned for future re-issue and use for tered starting and finishing times. the same purposes. (e) On Saturday. (4) Pullovers: The employers will provide pull- (2) All adult workers employed in or about a overs for the use of workers permanently employed brewing bottling works, malt house, or bottleyard in cold cellars. The pullovers will remain the pro- and engaged in the process of manufacture, pre- perty of the employers who will also arrange to paration for distribution and distribution of the have them laundered from time to time. product, if called upon to work on a Saturday or 19 April, 1967.;i WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 171

Sunday shall be guaranteed a minimum of four (b) Twice the ordinary rate of pay for all hours pay and any other workers not so employed time worked in excess of four hours. shall be guaranteed a minimum of two hours pay. (2) The days to be observed as holidays accord- (3) All overtime in excess of four hours worked ing to the provisions of this Award are Christmas during the periods referred to in subclause (1) Day, Boxing Day, New Year's Day, Anniversary and on Easter Saturday shall be paid for at the Day (in January), Annual Picnic Day, Good rate of double time. Friday, Easter Monday, Anzac Day, Labour Day, (4) Subject to any alteration by mutual arrange- Foundation Day (in June) Show Day and ment, all workers on day work engaged in or about Sovereign's Birthday. In case any of the above a brewing or bottling works, shall if required to holidays falls on a Saturday or a Sunday the work more than one hour's overtime after the following Monday shall be observed in lieu usual finishing time, be entitled to knock off for thereof. one hour after the usual finishing time for refresh- ments in which event, if notice of overtime has 17—Annual Leave. not been given at least 24 hours previously, tea (1)! An employer shall grant a worker who money shall be paid at the rate of seventy cents completes twelve months service three weeks but where food is provided by the employer tea annual leave. Such leave shall be taken during money shall be reduced by the cost of the food the period commencing on the 1st day of April provided. If notice of overtime has been given at and terminating on the 31st day of October each least 24 hours previously, tea money shall be paid year, provided that where any workers engaged at the rate of fifty cents and where food is pro- on maintenance are required to work during the vided by the employer, tea money shall be re- winter months, such workers may, at the discretion duced by the cost of the food provided. of the employer, take their leave outside the period already referred to. 11.—Lunch Intervals. An employer shall pay to a worker who has (1) A lunch interval of sixty minutes duration been continuously employed for more than one shall be taken between 12 o'clock noon and 2 p.m. month but less than three months an amount (2) No lunch interval shall commence later equivalent to one and a quarter day's pay in re- than 1 p.m. spect of each completed month of service; and to (3) Workers who are required to commence a worker who has been continuously employed for their duties earlier than 7.30 a.m., shall commence more than three months an amount equivalent to their lunch interval at 12 noon. two and one twelfth day's pay in respect of each completed month of service. The said payments 12.—Smoko. shall be made to a worker entitled thereto— (1) Except as provided in subclause (2) here- (a) on the termination of his service if such under all workers shall be entitled to a smoko of termination occurs before he takes his ten minutes duration at 10 o'clock a.m. and again leave; or at 3 o'clock p.m. (b) on the taking of his annual leave if he (2) Workers who are required to commence remains in the service of his employer. their shift at 8.30 a.m. shall be entitled to a Smoko of ten minutes duration between the hours of An employer shall set aside and/or credit to a 10.45 and 11.15 o'clock am., and again between worker's account from time to time sufficient money the hours of 3.45 and 4.15 p.m. o'clock. to cover the said payment so that, unless the worker's services are terminated earlier, there will (3) The provisions of this clause shall not apply be available for him at the time he takes his to shift workers. annual leave a sum equivalent to two week's 13.—Casual Hands. double pay and one week's single pay and apart from paying the money so set aside an employer Casual hands shall be paid 15% of the rate of shall not be obliged to make any payments to a pay prescribed by sub-clause 2 (h) of Clause 6. worker in respect of his annual leave or in re- spect of the period during which such leave is 14.—Record. actually taken. Each employer shall keep a record of the name of each worker, the time he starts and finishes (2) It shall be a condition of every worker each day, total number of hours worked, overtime taking annual leave that he— worked and wages paid to each worker, and such (a) shall not under any circumstances be record shall be open to the inspection of the Sec- engaged in any gainful employment while retary or any other person appointed by the on such leave; Union during working hours. Each worker shall, (b) shall return to the active service of the when required, sign the record kept for all moneys employer forthwith at the expiration of received by him- leave; and (c) shall not draw any sick or accident pay 15—Sunday Work. simultaneously with annual leave. All work performed by workers in any depart- ment on Sunday shall be paid for at the rate of A breach of condition (a) above will result in double time. immediate discharge from the employer's service accompanied by forfeiture of all rights (if any) 16.—Holidays. to retiring allowance or other similar payments or (1) All workers called upon to work in any de- benefits. partment on the undermentioned holidays shall be A breach of condition (b) (except as on the paid one day's pay for the holiday and in addition grounds of illness necessitating retirement or shall receive the following rates of pay on an hourly additional leave on the advice of a medical officer) basis. All holiday shifts shall rotate:— will result in forfeiture of all rights (if any) to (a) One and one half times the ordinary rate retiring allowance or other similar benefits or pay- of pay with a minimum of four hours pay. ments. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

18.—Bonus. Provided that the worker as soon as reasonably The employer shall pay to a worker receiving practicable on the completion of any such service wages under this award a bonus equal to one fifty- resumed or resumes employment with the employer second part of each week's pay. The employer's by whom he was employed immediately before the liability shall become absolute at the end of each commencement of such service. week of a worker's service. The said bonus shall (5) Service shall be deemed to be continuous be accumulated by the employer and held on behalf notwithstanding— of and paid to the worker entitled thereto in the (a) The transmission of a business as referred to month of December in each year or on the earlier in paragraph (3) hereof; termination of his service. (b) any interruption of a class referred to in paragraph (4) hereof irrespective of the duration 19.—Long Service Leave. thereof; 1.—Right to Leave. (c) any absence from duty authorised by the A worker shall as herein provided be entitled to employer; leave with pay in respect of long service. (d) any absence from duty arising directly or 2.—Long Service. indirectly from an industrial dispute if the worker (1) The long service which shall entitle a worker returns to work in accordance with the terms of to such leave shall subject as herein provided, be settlement of the dispute; continuous service with one and the same employer. (e) any standing down of a worker in accord- (2) Such service shall include service prior to ance with the provisions of any award, industrial the 1st day of April, 1958, if it continued until agreement or determination under either Common- such time but only to the extent of the last twenty wealth or State Law; completed years of continuous service. (f) any termination of the employment of the (3) (a) Where a business has, whether before or worker on any ground other than slackness of after the coming into operation hereof, been trade if the worker be re-employed by the same transmitted from an employer (herein called "the employer within a period not exceeding two transmittor") to another employer (herein called months from the date of such termination; the "transmittee") and a worker who at the time (g) any termination of the employment by the of such transmission was an employee of the trans- employer on the ground of slackness of trade if mittor in that business becomes an employee of the worker is re-employed by the same employer the transmittee—the period of continuous service within a period not exceeding six months from the which the worker has had with the transmittor date of such termination; (including any such service with any prior trans- (h) any reasonable absence of the worker on mittor) shall be deemed to be service of the worker legitimate union business in respect of which he with the transmittee. has requested and been refused leave; (b) In this subclause "transmission" includes (i) any absence from duty after the coming transfer conveyance assignment or succession into operation of this clause by reason of any whether voluntary or by agreement or by opera- cause not specified in this clause unless the tion of law and "transmitted" has a corresponding employer during the absence or within fourteen meaning. days of the termination of the absence notifies the (4) Such service shall include— worker in writing that such absence will be (a) any period of absence from duty or any regarded as having broken the continuity of service, annual leave or long service leave; which notice may be given by delivery to the (b) any period following any termination of worker personally or by posting it by registered the employment by the employer if such mail to his last recorded address, in which case it termination has been made merely with shall be deemed to have reached him in due course the intention of avoiding obligations here- of post. under in respect of long service leave or Provided that the period of any absence from obligations under any award in respect of duty or the period of any interruption referred to annual leave; in placita (c) to (i) inclusive of this paragraph (c) any period during which the service of shall not (except as set out in paragraph (4) of the worker was or is interrupted by this subclause) count as service. service— 3.—Period of Leave. (i) as a member of the Naval Military or (1) The leave to which a worker shall be en- Air Forces of the Commonwealth of titled or deemed to be entitled shall be as provided Australia other than as a member of in this subclause. the British Commonwealth Occupa- (2) Subject to the provisions of paragraphs (5) tion Forces in Japan, and other and (6) of this subclause where a worker has com- than as a member of the Perman- pleted at least 15 years of service the amount of ent Forces of the Commonwealth of leave shall be— Australia except in the circum- stances referred to in section 31 (2) (a) in respect of 15 years' service so com- of the Defence Act 1903-1956, and pleted—13 weeks' leave; except in Korea or Malaya after (b) in respect of each 10 years service com- June 26th, 1950; pleted after such 15 years—8 2/3rds weeks (ii) as a member of the Civil Con- leave; struction Corps established under (c) on the termination of the workers the National Security Act 1939- employment— 1950; (i) by his death; (iii) in any of the Armed Forces under (ii) in any circumstances otherwise than the National Service Act, 1951 (as by the employer for serious mis- amended). conduct, 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 173 in respect of the number of years service with the 4.—Payment for Period of Leave. employer completed since he last became entitled (1) A worker shall subject to paragraph (3) of to an amount of long service leave a proportion- this subclause be entitled to be paid for each week ate amount on the basis of 13 weeks for 15 years of leave to which he has become entitled or is service. deemed to have become entitled the ordinary time (3) Subject to the provisions of paragraph (6) rate of pay applicable to him at the date he com- of this subclause where a worker has completed at menced such leave. least 10 years service but less than 15 years (2) Such ordinary time rate of pay shall be at service since its commencement and his employ- the rate applicable to him for the standard weekly ment is terminated— hours which are prescribed by this award. (i) by his death; (3) Where by agreement between the employer and the worker, the commencement of the leave (ii) by the employer for any reason other than to which the worker is entitled or any portion there- serious misconduct; or of is postponed to meet the convenience of the (iii) by the worker on account of sickness of or worker the rate of payment for such leave shall injury to the worker or domestic or other be at the ordinary time rate of pay applicable to pressing necessity where such sickness or him at the date of accrual or, if so agreed at the injury or necessity is of such a nature as to ordinary time rate of pay applicable at the date justify or in the event of a dispute is in he commences such leave. the opinion of a Board of Reference of (4) The ordinary time rate of pay— such a nature as to justify such termina- (a) shall include any deductions from wages tion; for board and/or lodging or the like which the amount of leave shall be such proportion of is not provided and taken during the period 13 years leave as the number of completed years of leave; of such service bears to 15 years. (b) shall not include shift premiums, over- time, penalty rates, commissions, bonuses, (4) In the case to which paragraphs (2) (c) and allowances or the like. (3) hereof apply, the worker shall be deemed to (5) In the case of workers employed on piece have been entitled to and to have commenced leave or bonus work or any other system of payment by immediately prior to such termination. results payments shall be at ordinary time rate. (5) A worker whose service with an employer 4.—Taking Leave. commenced before the 1st October, 1964, and whose (1) In a case to which placita (a) and (b) of service would entitle him to long service leave paragraph (2) of subclause (3) applies:— under this clause shall be entitled to leave cal- (a) Leave shall be granted and taken as soon culated on the following basis:— as reasonably practicable after the right thereto (a) For each completed year of service com- accrued due or at such time as may be agreed mencing before the 1st October, 1964, between the employer and the worker or in the an amount of leave calculated on the basis absence of such agreement at such time as may of thirteen weeks leave for 20 years ser- be determined by a Board of Reference having vice, and regard to the needs of the employer's establish- (b) For each completed year of service com- ment and the worker's circumstances. mencing on or after 1st October, 1964, (b) Except where the time for taking leave is an amount of leave calculated on the basis agreed to by the employer and the worker or de- of thirteen weeks leave for 15 years' ser- termined by a Board of Reference the employer vice. shall give to a worker at least one month's notice of the date from which his leave is to be taken. (6) A worker to whom paragraphs (2) (c) and (c) Where a worker is beyond sixty years of age (3) of this subclause apply whose service with an at the time he becomes eligible for long service employer commenced before the 1st October, 1964, leave he shall have the option of taking actual shall be entitled to an amount of long service leave under this scheme or of receiving payment in leave calculated on the following basis:— lieu thereof on retirement. Such option shall be (a) For each completed year of service com- exercised in writing addressed to the employer mencing before the 1st October, 1964, an at the time of becoming eligible for long service amount of leave calculated on the basis leave. of 13 weeks leave for 20 years service, and (d) The employer shall have the right in cases (b) For each completed year of service com- of emergency to recall any worker from long service mencing on or after 1st October, 1964, leave, in which case the unexpired leave shall be an amount of leave calculated on the basis made up on some mutually convenient date. of 13 weeks leave for 15 years service. (e) Any leave shall be exclusive of any public holidays or annual leave specified in this award Provided that such worker shall not be en- occurring during the period when the leave is titled to long service leave until his com- taken. pleted years of service entitled him to the amount of long service leave prescribed by (f) Payment shall be made in one of the following (2) (a) of this subclause. ways:— (i) In full before the worker goes on (c) Subject to subclause (1) (a) and (b) of leave; clause (e) hereof any worker entitled to (ii) At the same time as his wages leave under paragraph (2) (b) of this would have been paid to him if the subclause may elect to take his leave when worker had remained at work, in he has accrued 64 weeks leave provided which case payment shall, if the that he has completed not less than 10 worker, in writing so requires, be years service after the completion of his made by cheque posted to an address last entitlement to long service leave. specified by the workers; or INDUSTRIAL GAZETTE. [19 April, 1967.

(iii) In any other way agreed upon be- which the worker has been granted long service tween the employer and the worker. leave, to which he was not at the date of termina- (g) It shall be a condition of every worker's tion of his employment or prior thereto entitled. taking long service leave that he (or she)— (3) Any leave in the nature of long service leave (i) shall not under any circumstances or payment in lieu thereof under a State Law or a be engaged in any gainful employ- Long Service Leave scheme not under the pro- ment while on such leave; visions hereof granted to a worker by the employer (ii) shall return to the active service of in respect of any period of service with the em- the employer forthwith at the ployer shall be taken into account whether the expiration of the leave; and same is granted before or after the coming into operation hereof and shall be deemed to have been (iii) shall not draw any sick or accident leave taken and granted hereunder in the case of pay simultaneously with long service leave with pay to the extent of the period of leave leave pay. with pay equivalent to the amount of the pay- A breach of condition (i) above will ment and to be satisfaction to the extent thereof result in immediate discharge from the of the entitlement of the worker hereunder. employer's service accompanied by for- feiture of all rights (if any) to retiring 7.—Records to be Kept. allowance, or other similar payments or (1) Each employer shall during the employ- benefits. A breach of condition (ii) ment and for a period of twelve months thereafter above (except as on the grounds of or in the case of termination by death of a illness necessitating retirement or addi- worker a period of three years thereafter, keep a tional leave on the advice of a Medical record from which can be readily ascertained the Officer appointed by the employer) will name of each worker and his occupation, the date result in forfeiture of all rights (if any) of the commencement of his employment and his to retiring allowance or other similar entitlement to long service leave and any leave benefits or payments. which may have been granted to him or in respect (h) In order to avoid confusion and embar- of which payment may have been made hereunder. rassment workers whilst on long service (2) Such record shall be open for inspection in leave shall not, without the prior per- the manner and circumstances prescribed by this mission of the officer in charge of the award with respect to the time and wages record. particular establishment visit any of the premises of the employer except for the 20.—Board of Reference. purpose of collecting pay or transacting (1) The Commission hereby appoints for the genuine business with the employer's purposes of this Award, ^ a Board of Reference officers. Social visits shall not be indulged consisting of a Chairman and an equal number of in. "Establishment" means any Brewery, employers' and workers' representatives who shall Cooperage or workshop, but does not be appointed pursuant to regulation 80 of the include hotels or annual picnics or sports Industrial Arbitration Act (Western Australian or usual weekly competitive sporting Industrial Commission) Regulations, 1964. activities. (2) The Board of Reference is hereby assigned (2) In a case to which paragraph (2) (c) or the function of determining any dispute between paragraph (3) of subclause (3) applies and in any the parties in relation to any matter which, under case in which the employment of the worker who this Award, may be allowed, approved, fixed, has become entitled to leave hereunder is ter- determined or dealt with by a Board of Reference. minated before such leave is taken or fully taken, (3) An appeal lies to the Commission in Court the employer shall upon termination of his em- Session against any determination, decision or find- ployment otherwise than by death pay to the ing of the Board as prescribed in regulation 80 of worker and upon termination of employment by the Industrial Arbitration Act (Western Aus- death pay to the personal representative of the tralian Industrial Commission) Regulations, 1964. worker upon request the amount which would have been payable in respect of the period of leave to 21.—Under-rate Workers. which he is entitled or deemed to have been en- (1) Any worker who by reason of old age or titled and which would have been taken but for infirmity is unable to earn the minimum wage may such termination. Such payment shall be deemed be paid such lesser wage as may from time to time to have satisfied the obligation of the employer in be agreed upon in writing between the Union and respect of leave hereunder. the employer^ (2) In the event of no agreement being arrived 6,—Granting Leave in Advance and Benefits to be at the matter may be referred to a Board of Brought into Account. Reference for determination. (1) Any employer may by agreement with a (3) After application has been made to the worker allow leave to such worker before the right Board and pending the Board's decision, the thereto has accrued due but where leave is taken worker shall be entitled to work for or be em- in such a case the worker shall not become entitled ployed at the proposed lesser rate. to any further leave hereunder in respect of any period until after the expiration of the period in 22.—Contract of Service. respect of which such leave had been taken before The engagement between the employer and it accrued due. worker, except casual hands, shall be weekly and (2) Where leave has been granted to a worker may be terminated by a week's notice from either pursuant to the preceding paragraph before the party, except in the case of the worker absenting right thereto has accrued due, and the employ- himself without leave, not obeying lawful com- ment subsequently is terminated the employer may mands, or being guilty of other misconduct, or of deduct from whatever remuneration is payable the works of the employer being stopped through upon the termination of the employment such fire or tempest, when such engagement may be amount as represents payment for any period for terminated immediately. 19 April, 1967.] 175

23.—Sick Leave. I certify pursuant to section 65 of the Indus- (1) A worker who is unable through sickness ox- trial Arbitration Act, 1912-1966, that the foregoing accident to attend his duties shall notify the em- is a copy of the agreement arrived at between the ployer not later than 10 a.m. on the day he first parties mentioned above. absents himself from duty. Dated at Perth this 24th day of Februax-y, 1967. (2) A worker shall be entitled to sick pay in [L.S.] (Sgd) J. R. FLANAGAN, respect of any pex-iod of absence on account of Commissioner. sickness after the 1st day of January, 1948, on the basis of one-half day's pay for each completed Filed at my office this 24th day of February, 1967. month served with the employer between the said R. BOWYER, 1st day of January, 1948, and the date of the com- Registrar. mencement of such absence, provided that, in cal- culating the amount due to a worker through sick- ness, thex-e shall be deducted therefrom any sum or sums previously paid to him hereunder. CARETAKERS AND WATCHMEN. x3) The term "sickness" shall not include any (State Electricity Commission.) case where the worker is entitled to compensation under the Workers' Compensation Act. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. (4) No worker shall be entitled to the benefits of this clause unless he produces proof of his sick- No. 3 Of 1967. ness satisfactory to the employer. This proof shall Between the West Australian Cleaners, Caretakers, be in the form of a medical certificate if the ab- Lift Attendants, Window Cleaners, Attendants sence is for three days or more. The employer and Watchmen's Industrial Union of Workers shall have the right at any time to have the worker (Perth), Applicant, and the State Electricity examined by a doctor on behalf of the employer. Commission of Western Australia, Respondent. WHEREAS an industrial dispute existed between (5) Except as aforesaid, a worker shall not be the abovenamed parties; and whereas the said dis- entitled to payment for time lost through sick- pute was referred to The Western Australian Indus- ness or accident. trial Commission for the purpose of hearing and (6) Notwithstanding the foregoing provisions of determination; and whereas the parties subse- this clause, a worker or his dependants shall be quently met and conferred and have arrived at entitled to receive payment at the appropriate agreement on all matters in difference; and whereas rate for any sick leave accumulated under the the parties have this day appeared before Commis- provisions of subclause (2) hereof at the time of sioner D. E. Cort by their respective representatives such wox-ker's compulsory retirement from the and requested the said Commissioner to make the industry due to age or his death. Provided that said agreement an award of the Commission: Now, no payment shall be made under this subclause in therefore, the said Commissioner, pursuant to sec- tions 54 and 65 of the Industrial Arbitration Act, respect to any retirement or death which occur- 1912-1966, and all other powers therein enabling red prior to the 30th day of June, 1966. him, hereby declares the memorandum hereunder written to have the same effect as and be deemed 24.—Contractors. an award of the Commission. All work of any employee in the capacity as Memorandum of Agreement. mentioned in this award in or about a brewery or bottling works or in connection with the busi- (Note.—Wherever the word "award" occurs here- ness of brewing or bottling beer shall be carried in, it shall be taken to mean and include "agree- out departmentally by bona fide brewery employees ment".) engaged and paid direct by the brewery proprie- Award. tors and not by agents or contractors. This clause 1.—Title. shall not apply to contractors erecting, repairing This award shall be known as he "Caretaker- or making alterations to buildings or machinery Watchmen's (State Electricity Commission) Award or to carriers being engaged for the delivery of No. 3 of 1967," and replaces Award No. 29 of 1959, goods other than beer as has been the practice as amended. or custom prior to this date. But when contrac- 2.—Arrangement. tors are employed delivering beer, the brewex-y 1. Title. company shall undertake to see that whilst em- 2. Arrangement. ployed on such work, the contractors pay to both 3. Term. the drivers and offsiders the same wages and work 4. Scope. under the same conditions as is provided in this 5. Definitions. award. 6. Hours. 7. Wages. 8. Overtime. 9. Shifts wox-ked on Saturdays and Sundays. 10. Holidays. Schedule of Respondents. 11. Annual Leave. The Swan Brewery Company Ltd, 98 Mounts Bay 12. Time and Wages Sheets. Road, Perth. 13. Right of Entry. 14. Notices. The Emu Brewery Limited, Mounts Bay Road, 15. Long Service Leave. Perth. 16. Sick Leave. West Australian Glass Manufacturers Ltd, Palmer- 17. General Conditions. ston Street, Perth. 18. Board of Reference. 19. Preference. Barrett & Burston & Co. Pty Ltd, Trading as 20. No Deduction. Union Mailings, Stuart Street, Perth. 21. Payment of Wages. 176 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

3.—Term. (b) Females— The term of this Award shall be three (3) years (i) On a weekly engagement of 25 hours from the date hereof. going to work once a day shall be paid 84% of the Female Basic Wage. 4.—Scope. (ii) On a weekly engagement of 25 hours This award shall apply to the designation of going to work twice a day shall be workers specified in this award and employed by paid 88J, % of the Female Basic The State Electricity Commission of Western Aus- Wage. tralia. (iii) On a weekly engagement of more than 25 hours but less than 40 hours 5.—Definitions. per week going to work twice a day "Caretaker" shall mean a male person required shall be paid an hourly rate calculat- to reside on or in the vicinity of the premises of ed proportionately on that provided his employer and who is responsible to his em- in (ii) hereof. ployer for the supervision and or the general clean- (iv) On a weekly engagement of less than ing of such premises and who is responsible for 25 hours per week shall be paid 5 the safety of such premises after ordinary working cents per hour in addition to the rate hours. The employer shall grant a caretaker rea- (calculated hourly) provided in (ii) sonable times off, such times to be mutually agreed hereof with a minimum daily en- upon between the caretaker and the employer. gagement of two hours. "Premises" shall include all property and build- ings in occupation by the employer. (3) A casual worker shall be paid fifteen per "Watchman" shall mean a male person required cent of the ordinary rate in addition to the ordin- to watch and/or guard and/or patrol premises. ary rate prescribed for the designated class of work. "Gatekeeper" shall mean a male person required 8.—Ovextime. to record and/or restrict entrance or exit to or from (1) Except as hereinafter provided, all time the premises of persons, vehicles or goods. woi'ked in excess of or outside the usual hours shall "Cleaner" shall mean a worker mainly employed be paid for at the rate of time and a half for the in cleaning work of any description on premises or first four houx-s after the usual time for ceasing in bringing into or maintaining premises in a clean work and double time thereafter. Provided that condition but does not include cleaning of mechan- workers called upon to start within an hour and ical plant in power stations. a half prior to the usual starting time shall be paid "Casual worker" shall mean a worker who is at the rate of time and one half until the usual engaged intermittently for a period not exceeding starting time. six (6) consecutive days. (2) When a wox-ker, without being notified on the previous day, is required to work overtime for 6.—Hours. more than two hours after his usual knock off (1) Forty (40) hours exclusive of Saturday and time, he shall be paid an allowance of 60 cents for Sunday wox-k shall constitute a week for day work- the first meal and an allowance of 40 cents for each ers. No days work shall exceed eight (8) hours four hours of overtime if he continues to work after without the payment of overtime rate. such meal time. (2) The ordinary hours of duty shall be between (3) Overtime on shift work shall be based on the the hours of 6 a.m. and 7 p.m. Monday to Friday rate payable for afternoon or night shift woi'k; pro- inclusive. vided that double time, i.e., twice ordinary rate, (3) The ordinary working hours for shift work- shall be the maximum rate payable under any pro- ers shall be forty (40) hours per week, such hours vision of this Award. shall be worked in not more than eight (8) hours in (4) All time worked on Sunday, outside the oi*d- any one shift and not more than one shift in any inary houx-s of work, shall be paid for at the rate twenty-four (24) hours. The employer may fix of double time. the number and duration of such shifts and the (5) A wox-ker shall not work more than 16 hours worker shall be given forty-eight (48) hours' notice consecutively in any one period of 24 hours. of any change of such shift. (4) There shall be no fixed spread of hours for 9.—Shift Work. caretakers who may be required to be on duty on (1) The loading on ordinary rates of pay for any day of the week—but no caretaker shall be shift workers shall be seven and one half per cent, called upon to do cleaning work in excess of forty for any afternoon and ten per cent, for any night (40) hours per week. Caretakers provided with shift worked between midnight on Sunday and mid- quarters shall not be deemed to be working on night on Fx-iday. Sundays because they open and close premises of (2) Time and a half shall be paid for shifts which they are in charge. wox-ked by continuous shift wox-kers during ordinary 7.—Wages. woi-king hours between midnight on Friday and The minimum rates of wages payable to workers midnight on Saturday. covered by this Award shall be as follows:— (3) Double time shall be paid for shifts worked (1) Basic Wage (per week) $ by continuous shift workers during ordinary work- Males 33.50 ing houx-s between midnight on Saturday and mid- Females 25.13 night oxr Sunday. (2) Classification and margin per week: $ 10.—Public Holidays. (a) Males— (1) All time worked on New Year's Day, Aus- Caretaker 4.60 tralia Day, Good Friday, Easter Monday, Anzae Day, Watchman 3.90 Labour Day, Foundation Day, Sovereign's Birthday, Gatekeeper 2.70 Chxistmas Day and Boxing Day, shall be paid at the Cleaner 3.90 rate of double time, i.e., twice ordinary rate. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 177

(2) Where Christmas Day or New Year's Day (10) When work is closed for the purpose of falls on a Saturday or a Sunday, such holiday shall allowing annual leave to be taken, workers with be observed on the next succeeding Monday and less than a full year's service shall be entitled to where Boxing Day falls on a Sunday or a Monday payment during such period for the number of such holiday shall be obsex-ved on the next succeed- day's' leave due to them. ing Tuesday; in each such case the substituted day shall be deemed a holiday without deduction of 12.—Time and Wages Sheets. pay in lieu of the day for which it is substituted. The wages time sheets and cards for workers working under this Award shall be open for inspec- 11.—Annual Leave. tion by the Secretary of the Union upon reasonable (1) (a) Except as hereinafter provided, a period notice of his desire to inspect same. of three consecutive weeks' leave with payment of 13.—Right of Entry. ordinary wages as prescribed shall be allowed annually to a worker by his employer after a On notifying the officer in charge, any officer of period of twelve months' consecutive service with the union authorised in writing by the president that employer. and secretary of such union shall have the right to enter any place or premises during the ordinary (b) A seven day shift worker, i.e., a shift worker working hours wherein members of such union who is rostered to work regularly on Sunday and covered by this Award are engaged for the purpose holidays shall be allowed one week's leave in of conversing with or interviewing the workers in addition to the leave to which he is otherwise such places or premises. Provided that such entitled under this clause. officer shall not hamper or otherwise hinder the (c) Where a worker with twelve months' con- workers in the carrying out of their work. The tinuous service is engaged for part of a qualifying- officer in charge shall determine whether workers twelve monthly period as a seven day shift worker, are being hampered or hindered in their work. he shall be entitled to have the period of annual leave to which he is otherwise entitled under this 14.—Notices. clause increased by one-twelfth of a week for each The Secretary or an authorised person may place completed month he is continuously so engaged. notices on the Wages Notice Board after obtaining (2) If any holiday under this Award falls within permission from the General Manager. a worker's period of annual leave and is observed on a day which in the case of that worker would 15.—Long Service Leave. have been an ordinary working day, there shall be The conditions relating to full-time Government added to that period one day being an ordinary wages workers generally as in force as at the date of working day for each such holiday observed as this Award and as may be amended from time to aforesaid. time, shall apply to all workers employed under the (3) (a) Subject to paragraph (b) when com- provisions of this Award. puting the annual leave due under this clause, no deduction shall be made from such leave in respect 16.—Sick Leave. of the period that a worker is on annual leave and/ (1) (a) A worker shall be entitled to payment or holidays. Provided that no deduction shall be for non-attendance on the ground of personal ill- made for any approved period a worker is absent health for one-twelfth of a week's pay for each com- from duty through sickness with or without pay pleted month of service. unless the absence exceeds three calendar months, (b) The liability of the Commission shall in no in which case deduction may be made for such case exceed one week's wages during each calendar excess only. year in respect of each worker but the sick leave (b) Approved periods of absence from work herein provided shall be allowed to accumulate and caused through accident sustained in the course of any portion unused in any year may be availed of employment shall not be considered breaks in con- in the next or any succeeding year. tinuity of service, but the first six months only of (c) Payment hereunder may be adjusted at the any such period shall count as service for the pur- end of each calendar year or at the time the worker pose of computing annual leave. leaves the service, in the event of the worker being (4) Subject to the provisions of subclause (5) of entitled by service subsequent to the sickness to a this clause a worker whose employment terminates greater allowance than that made at the time the after one month's continuous service in any quali- sickness occurred. fying twelve monthly period, shall be paid one- quarter of a week's pay in respect of each completed (2) This clause shall not apply where the month of continuous service in that qualifying worker is entitled to compensation under the period. Workers' Compensation Act. (3) No worker shall be entitled to the benefit of (5) A worker who is justifiably dismissed for this clause unless he produces proof to the satis- misconduct shall not be entitled to the benefit of faction of the Commission or its representative, of the provisions of this clause. sickness, but the Commission shall not be entitled (6) A worker whose employment terminated shall to a medical certificate unless the absence is for be entitled to payment for any complete period of three consecutive working days or more. annual leave due to him. (4) No payment will be made for any absence (7) For the purpose of subclause (1) of this due to a worker's own fault, neglect or misconduct. clause, "ordinary wages" means the rate of wage the worker has received for the greatest proportion 17.—General Conditions. of the calendar month prior to his taking annual (1) (a) Subject to Clause 11 (6) and to Clause 16, leave. any regular worker on a weekly engagement who (8) Annual leave shall be calculated up to the may not have worked the maximum number of , end of each financial year. ordinary working hours in any one week, shall be (9) The provisions of this clause shall not apply paid not less than the minimum weekly rate of to a casual worker. wages specified herein for his particular class of 178 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

work: Provided that such worker has been avail- (2) A worker who holds a certificate of exemp- able to work the maximum number of ordinary tion from union membership issued and in force working hours. pursuant to section 61B of the Industrial Arbitra- (b) For the purpose of this sub-clause, time tion Act, 1912-1963, shall not— worked on statutory holidays within the limitations (a) be excluded from employment by reason set out, shall be deemed hours in which a worker only of the fact that he is not a member was available to work ordinary working hours. of the union party to this award; or (2) In the case of regular workers, one week's (b) be required to join the union. notice in writing must be given on either side when 20.—No Reduction. it is desired to terminate the engagement. The This award shall not in itself operate to reduce Commission may pay a week's wages in lieu of the wage of any worker who is at present receiving notice and, in the case of a worker leaving without above the minimum rate prescribed for his class notice or before such notice expires, he shall forfeit of work. all wages accruing due to him for the current week's service. Such week's notice cannot be continued 21.—Payment of Wages. from week to week. Provided that this shall not Where an obligation to pay a final amount con- apply in the case of misconduct when a worker tains a decimal figure of .5 of a cent or more, shall be subject to instant dismissal and entitled the amount to be paid shall be the next whole only to the wages due to him up to the hour of cent. Example: 5.5 cents becomes 6 cents. Where dismissal. Provided also that the engagement of the amount to be paid contains a decimal figure a casual hand may be terminated at any time. of less than .5 of a cent, such decimal figure shall be disx-egarded. Example: 5.4 cents becomes 5 (3) Where a worker is required by the employer cents. to work in the rain, suitable protective clothing shall be provided free by the employer. I certify, pursuant to section 65 of the Industrial (4) (a) Travelling Time—When a worker is Arbitration Act, 1912-1966, that the foregoing is sent to work from the Depot to which he is a copy of the agreement arrived at between the attached, he shall be paid for travelling time from parties mentioned above. the depot to the job and if he is required to Dated at Perth this 10th day of Mai-ch, 1967 return to his depot on the same day, he shall be (Sgd) D. CORT, paid travelling time for such return journey. tL.S.l Commissioner. (b) A worker sent for duty to a place other than his regular place of duty shall be paid his Filed at my office this 10th day of March, 1967. excess travelling expenses. R. BOWYER, (5) Change Room—Where practicable, suitable Registrar. dressing accommodation shall be provided with facilities for boiling water. NURSES. 18.—Board of Reference. (Public Health and Industrial.) (1) The Commission hereby appoints, for the BEFORE THE WESTERN AUSTRALIAN purpose of this Award, a Board of Reference con- INDUSTRIAL COMMISSION. sisting of a chairman and two other members who shall be appointed pursuant to regulation 80 of No. 25 of 1963. the Industrial Arbitration Act (Western Australian Between the Royal Australian Nursing Federation Industrial Commission) Regulations, 1964. (Western Australian Branch) Industrial Union of Workers, Perth, Applicant, and the Hon. (2) The Board of Reference is hereby assigned Minister for Health, Hon. Minister for Works, the function of determining any dispute between Hon. Minister for Agriculture, and others, the parties in relation to any matter which under Respondents. this award, may be allowed, approved, fixed, deter- Before: Mr. Commissioner J. R, Flanagan. mined or dealt with by a Board of Reference. The 22nd day of March, 1967. Mr. D. Giles on behalf of the applicant. 19.—Preference. Mr. L. Y. Hitchen on behalf of the respondent. (1) Subject to the provisions of subclause (2) of this clause, preference of employment shall be Judgment.. given to members of the union party of this award, THE COMMISSIONER: This is a reference of provided that any worker or applicant for employ- industrial dispute in which the Royal Australian ment who is a member of another recognised in- Nursing Federation (Western Australian Branch) dustrial union and who produces proof of such Industrial Union of Workers seek an award to membership shall be entitled to equal preference. apply to certain classified nurses other than those Provided also, that any worker or applicant for covered by the Nurses (Public Hospitals) Award employment who is not a member of any union 1964, who are employed by the Minister for Health, shall within fourteen days of commencement of Minister for Works and the Midland Junction employment under this award make and complete Abattoir Board. an application for membership of the union and The nurses for whom industrial coverage is provided that any worker who is a financial mem- sought are those employed as Schools' Medical ber of another union, shall, upon the expiration nurses, Tuberculosis Clinic nurses. Epidemiology of his current membership with such other union, nurses, Occupational Health nurses. Registered within fourteen days of such expiry, make and general nurses employed in Mental Health Clinics complete an application for membership with the and Day Hospitals and nurses employed as such in union party to this award. industry. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 179

The reference of industrial dispute numbered 25 would be preferable for one body to look after of 1963 was filed on the 27th September, 1963, and nursing officers rather than allow the present cited initially and solely as a respondent the situation whereby anomalies were created, to Minister for Health. Subsequently on the 28th continue. August, 1964, an amended schedule of claims was Miss Anstey supported the remarks made by lodged by the applicant with the Commission ex- Miss Reidy and averred that a much better tending respondency to the Minister for Works sex-vice could be given to the community, par- and the Minister for Agriculture, ticularly by the education of nurses, if the Answers were filed for and on behalf of the afore- affairs of the profession were handled by the mentioned respondents by the Secretary for Labour Federation which she felt had a much better on the 23rd March, 1965. knowledge of nursing conditions. As a considerable period of time had elapsed On behalf of the Federation Miss Anstey since the matter had been originally filed with the gave an assurance that the fact that Public Commission and as no request had been received Service salaries were higher than salaries under for the matter to be heard, the applicant was re- the General Nursing Award, would not be used quested on the 9th September, 1965, to indicate its as a lever to gain higher salaries for non- intentions on the question of the matter proceed- Public Service Nurses. ing or, alternatively, being withdrawn. She further advised that the present General Nursing Award was based on the Nurses Award The Commission was advised on the 15th Sep- of New South Wales and it was the Federa- tember, 1965, that the parties were still conferring tion's intention to continue on this basis. and there was some expectation of the matter being finalised "in the near future." The conference concluded with the Public Service Commissioner indicating that the matter would be On the 5th December, 1966, the Commission was given further consideration and an undertaking notified by the applicant that the parties had to give an early decision in respect of the matter. reached agreement in respect of all matters in dis- Subsequently on the 28th December, 1962, the pute with the exception of wages and requested Executive Secretary of the Royal Australian Nurs- that this matter be set down for hearing at any ing Federation was advised by the Hon. Minister early date. for Health that "the Commissioner is now prepared For many years, and at least since 1948, nurses to agree to the abolition of existing positions as employed in various branches of the Public Health and when they become vacant within the Service Department have been appointed under the public and that future appointees to positions comparable Service Act and such nurses have been accorded, to the duties and responsibilities of nurses employed the classification of G-III-3. under the nurses Award should not be subject to In a letter directed to the Minister for Health on the provisions of the Public Service Act." the 27th July, 1962, concern was expressed by the In this reference the workers concerned have then Executive Secretary of the Nursing Federa- been grouped into three categories. tion with respect to the appointment of such For the classification of "industrial nux-se"—the nurses under the Public Service Act. Attention was parties have agreed that the margin of $15.00 drawn to "anomalies which can be caused when should apply, this being the margin equivalent to nurses working in the same field are covered by that paid to an experienced nurse employed under two associations, such as the Civil Service Associa- the Nurses (Doctors Surgeries) Award No. 21A tion and the Royal Australian Nursing Federation." of 1962 as amended. After citing a salary differential between nurses The second category includes the classifications employed at the Graylands Day Hospital and those of "tuberculosis nurse", "epidemiology nurse", employed at the Havelock Street Clinic, the wish "schools nurse" and "occupational health nurse" was expressed for future appointments within the for whom a margin of $27.45 is claimed for the Medical, Public Health or Mental Health Depart- first year and $29.98 thereafter. ments to "be brought within the scope of the A margin of $25 is claimed for the third group Nurses (Public Hospital) Award as we (the covering the "mental health clinic nurse" and the Nursing Federation) are of the opinion that we "day hospital nurse" with a margin of $26.50 to have a much better understanding of the category those possessing a Mental Certificate. of the worker than the Civil Service Association, In claiming the margins of $27.45 and $29.98, which negotiates conditions of Public Service the applicant seeks to obtain for such nurses a appointments." weekly wage which, when aggregated, would be Arising from this correspondence a conference equivalent to the minimum and maximum salary was convened with the Public Service Commissioner rates of $2,743 and $2,875 respectively payable to to consider the proposal and this was held on the females in Group III Class 3 of the Public Service 14th November, 1962, with representatives of the (General Division) Salaries Agreement P.S.C. No. Nurses Federation, Civil Service Association, De- 3 of 1966. partment of Labour and the Medical Department Mr Giles, in support of and anticipating the in attendance. A copy of the notes of this con- respondents' argument that the rates should be ference which had been prepared by the Public fixed consistent with and in conformity to those Service Commissioner's Office, was tendered by the applying to nurses employed in public hospitals, applicant as an exhibit at the outset of these pro- submitted that it "would be completely wrong and ceedings. These notes record that Miss K. Reidy in direct conflict and contrast to the principles of and Miss O. E. Anstey represented the Nurses industrial ax-bitration" to allow a situation in which Federation and their remarks are summarised as school nurses and tuberculosis nurses should work follows:— "alongside each other carx-ying out identical duties Miss Reidy made it clear that her Federation and responsibilities, interchanging various areas of did not wish in any way to displace nurses at operation and positions in the Department"—with present employed under the Public Service Act, —"the only difference being the wage packet at the but stated that in the interests of the nursing end of the week." The difference referx-ed to herein profession and the community in general, it according to Mr Giles, is $19.98 per fortnight. 180 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

If one were to disregard the circumstances and to note that the Commissioner in that review, in other factors which were responsible for the rejecting a claim by the Federation based on rates present situation of workers of the same calling prescribed in the New South Wales Award, observed being required to perform the same duties for the that— same employer but for differing wage rates, it would be so unreasonable and so inequitable that one . , . this Commission has a duty to satisfy its could not find any cogent reason for its continua- own conscience as to the propriety of rates to tion. be awarded in any particular case and cannot slavishly and uncritically accept rates pre- A particular area of dispute centred on the scribed elsewhere, more particularly when proper construction to be applied to the phrase those rates have been fixed by consent and do "non Public Service nurses" attributed to Miss not represent the determination of an indus- Anstey in the notes of the conference when she trial tribunal on principles which this Com- is reported as having given in assurance "that the mission regards as proper principles. fact that Public Service salaries were higher than salaries under the General Nursing Award, would This comment stemmed from— not be used as a lever to gain higher salaries for . . . the fact that the present New South Wales non Public Service Nurses." rates had resulted from agreement between the parties in that State and had not been deter- It was suggested and confirmed in evidence by mined, as the previous rates had been, by the Miss Anstey that the assurance she gave at the New South Wales Industrial Commission. conference was directed to salaries under the (44, W.A.I.G., p. 765.) "Public Hospitals Award" and was not intended to prejudice any claim that may be made in the Similar reasoning can be applied to this claim in future by the Federation to equate the salaries of respect of one group in that it seeks parity of rates those nurses appointed outside of the provisions of of pay with nurses whose salary level has been the Public Service Act with those whose salaries achieved as a result of an agreement reached be- and conditions were regulated by the Public Service tween the Civil Service Association and the Public (General Division) Salaries Agreement—P.S.C. No. Service Commissioner. 3 Of 1966. In the circumstances of this case and having On the other hand, Mr Hitchen, for the respon- regard for the history of marginal fixation for dents, assured the Commission it was quite clear, in nurses in awards of the Court of Arbitration and of the minds of those at the conference representing this Commission I consider the claim, so far as it the Department of Labour and the Medical De- proceeds on the basis of equating rates of pay partment, that the Federation would not pursue with those under the Public Service Agreement, the course now being adopted, should, pending an should be rejected. award being negotiated, the Minister for Health and the Public Service Commissioner decide to It is now necessary to give consideration to an appoint nurses from outside the Public Service. evaluation of the work of those employed in the classifications which are the subject of contest in Be that as it may, the crucial question for deter- these proceedings. Those factors of training, duties mination by the Commission is whether or not, and responsibilities relevant to this consideration having regard for the well established principles were placed before the Commission by way of oral that are applied in wage fixation, the rates claimed evidence from a tuberculosis nurse, a schools nurse by the applicant are, in all the circumstances both and a day hospital nurse. proper and equitable. In dealing with the principle of uniformity on Copies of duty statements, relating to the work which the applicant largely relies, it must be con- of a visiting nurse attached to the Murray Street stantly borne in mind that the choice to transfer Chest Clinic and the work of a schools nurse, which these nurses, whose conditions of employment are had been originally prepared for the Public Service to be regulated by an award of the Commission, Commissioner, were submitted as documentary evi- from the Civil Service Association to the Nursing dence of the work and responsibilities of such Federation, was made by the latter organisation, nurses. Inspections involving the duties of a ward the applicant in these proceedings. Furthermore, sister in charge and the duties of sister-in-charge in the course of making this election the applicant of out-patients clinics at the Royal Perth Hospital must surely have appreciated the problem of sus- were carried out. taining a claim of this nature in the light of the level of margins prescribed in other nursing awards Supplementing the evidence given by a male to which the applicant is a party. nurse, Mr. Diletti, an inspection was also made of the conditions under which work is performed at Of these awards the Nurses (Public Hospitals) the Shenton Park Day Hospital. Award No. 23 of 1963, is acknowledged as the principal or "parent" award, the scope provision The respondents strongly argued that, in fixing of which embraces "registered and student nurses rates in this reference, an important consideration employed in all hospitals, institutions and homes is the cognisance of the comparative level of mar- for the aged under the control of the Minister for gins prescribed by various awards applying to the Public Health, the Government Receiving Home nursing profession in its several branches. In this under the control of the Minister for Child Wel- connection specific reference was made to margins fare, all hospitals under the control of Boards of paid to an infant health clinic sister, a Silver Management appointed under the Hospitals Act, Chain sister, a training school clinic sister and a 1927-1955, and in the Princess Margaret Hospital." tuberculosis staff nurse in a number of awards to which the Federation is a party and to 'margins The level of marginal rates prescribed therein paid to a psychiatric nurse in the Psychiatric was fixed as a result of a review by Commissioner Nurses Award No. 13 of 1947 as amended, to which Kelly in 1964. It is pertinent to these proceedings the Psychiatric Nurses Association is a party. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 181

Attention was also drawn to the level of mar- BEFORE THE WESTERN AUSTRALIAN gins paid to nurses in various supervisory positions INDUSTRIAL COMMISSION. under the Nurses (Public Hospitals) Award No. 23 of 1963 and Psychiatric Nurses Award No. 13 of No. 25 Of 1963. 1947. Between The Royal Australian Nursing Federation An examination of these latter rates reveals a (Western Australian Branch Industrial Union marginal range in the second year of service from of Workers, Perth, Applicant, and the Hon. $18.95 for a "sister-in-charge of geriatric and Minister for Health, Hon. Minister for Works, psychiatric wards other than training schools," to and the Midland Junction Abattoir Board, $29.60 for a "sister-in-charge of out-patients or Respondents. other departments and wards—where more than COMMISSIONER J. R. FLANAGAN, in pursuance ten trained staff are employed." A margin of of the powers and jurisdiction conferred upon him $29.60 is also prescribed for a "sister-in-charge of by section 50 of the Industrial Arbitration Act, major theatres, six and over." Comparative rates 1912-1966, and in pursuance of an allocation to him of certain senior supervisory positions at matron by the Chief Industrial Commissioner (under and deputy matron level under the Public Service section 54 of the said Act), doth hereby make the Act and under the Nurses (Public Hospitals) Award, following award in connection with the industrial were entered by the respondent as an exhibit. dispute between the abovenamed parties. This disclosed, inter alia, that the highest margin of $28.87 is paid after the third year of service to Award. the Matron—Shenton Park Day Hospital and to 1.—Title. the Deputy Matron—Claremont Mental Hospital This award shall be known as the "Nurses' both of whom are employed under the Public Ser- (Public Health and Industrial) Award, 1967." vice Act and a margin of $28.55 to a Deputy Matron at Mt. Henry under the Nurses (Public Hospitals) 2.—Arrangement. Award. 1. Title. 2. Arrangement. The significance of these particular rates is the 3. Scope. fact that the rates for such senior supervisory 4. Area. positions have been fixed after taking into account 5. Term. the superior formal qualifications usually necessary 6. Definitions. for appointment to such positions, the attendant 7. Hours. responsibilities and the necessary experience pre- 8. Overtime. ceding such appointments. 9. Annual Leave and Holidays. The respondents contended therefore that it was 10. Sick Leave. an untenable proposition to attempt to substanti- 11. Transfers. ate a claim which could result in a rate being fixed 12. Preference. in excess of the aforementioned rates for a nurse 13. No Reduction. who, in contrast to those positions, may possess a 14. Part-Time Employment. single certificate only, have no staff responsibilities 15. Casual Workers. and work the more favourable hours of 9 a.m. to 16. Contract of Service. 5 p.m. Monday to Friday, inclusive. 17. Motor Car Allowance. 18. Long Service Leave, From a consideration of the foregoing relativities 19. Time and Wages Record. it follows that the marginal rate of those classifi- 20. Payment of Wages. cations, the subject of dispute in this reference, 21. Interviews. should be assessed at a level which would not be 22. Notices. inconsistent with rates currently applying to other 23. Laundry and Uniforms. nurses in awards of this Commission. 24. Wages. To this end I have, firstly, decided to accede to 3.—Scope. the respondents' submission that there should be This award shall apply to all registered general no marginal differential between nurses classified nurses (other than those covered by the Nurses' in items 2 and 3 of the amended claim and secondly (Public Hospitals) Award, 1964) in the employ of that the rates fixed should be expressed in similar the respondents. progression to those in nursing awards which pro- vide for two incremental increases. 4.—Area. I have given careful thought to the foregoing . This award shall have effect throughout the State considerations and in the result have concluded that of Western Australia. the appropriate margin to be fixed should be one equivalent to that currently prescribed for an infant 5.—Term. health clinic sister, namely $19.30 for the first The term of this award shall be for a period of year, $20.30 for the second year and thereafter three years from the date hereof. $21.05. 6.—^Definitions. Consistent with the special allowances provisions "Nurse" means and includes a person who is in the Nurses (Public Hospitals) Award, a nurse registered or entitled to be registered in Western possessing a Mental Health Certificate will receive Australia under the Nurses' Registration Act, 1921- an additional amount of $1.50 per week. 59, and shall include those nurses employed as— Finally the claim relating to the provision and Schools' Medical Nurses; laundering of uniforms and the payment of allow- Epidemiology Nurse; ances in lieu thereof is granted in the terms Tuberculosis Clinic Nurses; claimed by the applicant. Occupational Health Nurses; Registered General Nurses employed in Mental The minutes of the proposed award will now Health Clinics and Day Hospitals; and issue. Nurses employed as such in industry. 182 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

"The Federation" means the Royal Australian (b) A worker who has been granted six months' Nursing Federation (Western Australian Branch) continuous sick leave with pay shall not be entitled Industrial Union of Workers, Perth. to receive further sick leave with pay until a period on duty of not less than four weeks has 7.—Hours. been completed. The ordinary working hours shall be forty per (3) (a) No sick leave with pay shall be granted week, to be worked in not more than five and a without an adequate medical certificate. Provided half days per week, provided that the hours may that if, in any case, it is not convenient for the be worked in five days in any one week at the worker to obtain a medical certificate, sick leave option of the employer. may be granted on other evidence satisfactory to the employer, but such leave shall be limited to 8.—Overtime. two consecutive days in any one period and a total (1) For all work done beyond the ordinary hours of three in any calendar year. of duty on any week day other than a holiday, payment shall be at the rate of time and a half (b) Any period during which a worker is absent for the first four hours, and double time there- on leave without pay shall not be included as after. part of such worker's period of continuous service for the purpose of this clause. (2) In the computation of overtime, each day's work shall stand alone. (c) A worker who is absent on approved annual leave, long service leave or leave without pay, shall 9.—Annual Leave and Holidays. not be eligible for leave under this clause during (1) A worker shall be entitled to three weeks' the currency of such approved leave. annual leave on full pay for each twelve month's (d) No leave on account of illness or injury shall completed service. be granted with pay if the illness or injury has (2) A worker with more than one month's service been caused by the worker's own fault, neglect or who resigns or whose employment is terminated misconduct. by the employer through no fault of the worker (4) This clause shall not apply to casual workers. shall be entitled to pro rata payment for annual leave in the proportion that her completed months of service bear to twelve months, but no such pay- 11.—Transfers. ment shall be made for any period of service in (1) A worker who is transferred from one place respect of which leave has already been granted to another shall be entitled to first-class travelling or paid for. accommodation between the places of transfer and (3) Leave shall not be allowed to accumulate, to full payment of salary during the time of leav- except with the consent of the worker, and in no ing duty and taking up her new duties. case shall it accumulate for more than two years' (2) (a) In addition, she shall be allowed travel- service. ling allowance of seventy cents for any meal (4) In addition to the annual leave prescribed purchased, or the actual cost of any meal pur- in subclause (1) hereof, workers shall be granted chased, if such cost exceeds seventy cents. Meal ten public holidays per annum, i.e., New Year's times shall be 8 a.m., I p.m. and 6 pm. Fifteen Day, Australia Day, Labor Day, Good Friday, cents for each morning and afternoon tea shall Easter Monday, Anzac Day, Foundation Day, be allowed when travelling at 11 a.m. and 4 p.m. Sovereign's Birthday, Christmas Day and Boxing Reasonable porterage shall also be allowed. Claims Day; provided that a worker called upon to work for taxi fares must be supported by receipts for on such holidays shall receive a day in lieu the fares claimed. thereof: Provided further that any worker em- (b) No such meal allowance shall be made for ployed in an establishment where public service journeys completed between the ordinary meal holidays are observed may be granted the same times. Where practicable, at least fourteen days' conditions. previous written notice shall be given to a worker (5) This clause shall not apply to casual workers. required to transfer from one place to another. 10.—Sick Leave. 12.—Preference. (1) (a) Subject as hereinafter provided, sick (1) In this clause— leave shall be granted on the basis of ten working "the union" means the Royal Australian days on full pay for each year of continuous Nursing Federation (Western Australian service less any sick leave on full pay already taken. Branch) Industrial Union of Workers, (b) If, in any calendar year, any absence through Perth; sickness exceeds the worker's current entitlement, "unionist" means a worker who is a member and by service subsequent to sickness, the worker of the union; "non unionist" means a becomes entitled to further sick leave with pay, worker who is not a member of the union. payment shall be adjusted at the end of that calendar year or at the time the worker leaves (2) Subject to the provisions of this clause it is the service of the employer, whichever is the a condition of employment under this award that sooner. each non-unionist shall— (a) unless she has already applied for mem- (e) Any unused portion of the sick leave herein bership of the union in the manner pres- prescribed shall be allowed to accumulate and cribed by the rules of the union, apply for may be availed of in the next or any succeeding such membership in the manner so pres- year. cribed within seven days of receiving, from (2) (a) The maximum period of sick leave allow- an accredited representative of the union, able with pay in respect of any continuous absence a copy of those rules, a copy of this clause shall not exceed six months. and an application form for membership; 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 183

(b) upon being notified that she has been (b) for the period between the date on which accepted as a member of the union, do she applies for such a certificate and the such things as may be required under the date on which that application is finally rules of the union in relation to her admis- determined under that section. sion to membership; and (c) thereafter remain a unionist while so 13.—No Reduction. employed. Nothing herein contained shall entitle an em- (3) Subclause (2) of this clause does not apply ployer to reduce the wage of a worker who at the to any worker— date of this award is being paid a higher rate of (a) who holds a certificate of exemption from wage than the minimum prescribed for her class membership of the union issued and in of work. force pursuant to section 61B of the Indus- 14.—Part-Time Employment. trial Arbitration Act, 1912-1966; (1) Notwithstanding anything contained herein, (b) who, prior to the expiration of the seven an employer shall be at liberty to employ part- days referred to in that subclause, has time workers. applied for such a certificate of exemption, (2) A part-time worker means a worker engaged unless and until that application is finally on an hourly contract of service who reularly works determined under that section; or less than forty hours per week. (c) for the unexpired portion of any period in respect of which she has, prior to com- (3) Such worker shall receive the rate of wages mencing employment under this award, specified in this award as are proportionate to the paid membership fees on her own behalf time worked without payment of casual rates. to another union. (4) Part-time workers shall be allowed sick leave and annual leave in accordance with the provisions (4) (a) Where the Secretary of the union has of this award, only in the proportion which their notified an employer that a non-unionist to whom weekly hours of duty bear to forty hours. the provisions of subclause (2) of this clause apply has failed or refused to comply with those pro- 15.—Casual Workers. visions, that non-unionist shall not be retained in employment by that employer for more than 24 (1) A worker employed for a period of less than hours to the exclusion of any well-conducted three weeks shall be deemed a casual worker and unionist who is employed by, or who applies for be paid fifteen per cent, over the rate specified in employment, with that employer and who is ade- this award. Provided that if a casual worker is quately experienced and otherwise competent in the still required at the end of three weeks, she may work performed by that non-unionist, and is of be re-employed as a casual with payment as afore- the sex to which that work is allotted by this award said for another two weeks. or, where the award makes no such provisions, by (2) Casual workers shall not be entitled to be custom. paid for public holidays. (b) Where paragraph (a) of this subclause operates so as to require the dismissal of a non- 16.—Contract of Service. unionist by her employer the provisions of sub- (1) No worker shall be dismissed (except for mis- clause (1) of clause 16 of this award are hereby conduct) unless she has received fourteen day's declared inoperative in respect of that dismissal previous notice of her dismissal, or pay for such but only if— period in lieu thereof. (i) a unionist is engaged to commence work (2) No worker shall without the consent of her in the place of the non-unionist; and employer, resign without first having given fourteen days' previous notice of her intention so to do, and (ii) that the dismissal does not become effective in the absence of such notice the employer may before the unionist has so commenced. withhold holiday or other pay up to the amount (5) A non-unionist shall not be engaged for any of fourteen days' wages. work to the exclusion of a well-conducted unionist if that unionist- (3) This clause shall not apply to casual workers. fa) is adequately experienced in and compe- 17.—Motor Car Allowance. tent to perform that work; Where a worker maintains a motor car and is (b) applies to that employer, for employment authorised in writing by her employer to use her on that work— car in the performance of her duties, she shall be (i) not later than the time at which the paid for each mile she uses her car on official non-unionist applies; or business, the rates applying under the appropriate (ii) within the time specified by that agreement or award relating to officers of the employer in any advertisement call- State Public Service. ing for such applications, whichever is the later; 18.—Long Service Leave. The conditions governing the granting of long (c) is able to commence work at the time re- service leave to full-time Government wages em- quired by the employer; and ployees generally shall apply to workers covered by (d) is of the sex to which the work concerned this award. is allotted by this award or, where the award makes no such provision, by custom. 19.—Time and Wages Record. (0) Subclause (5) of this clause does not apply (1) The employer shall keep and enter up, or to a non-unionist— cause to be kept and entered up a record contain- (a) who holds a certificate of exemption from ing— membership of the union issued and in (a) the name of each worker; force pursuant to section 61B of the (b) the daily hours, including overtime (if Industrial Arbitration Act, 1912-1966; or any) worked by the worker; 184 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

(c) the weekly wage paid, including overtime (c) A nurse employed as a mental health (if any), to each worker and the worker's clinic nurse or day hospital nurse and signature acknowledging such payment, if possessing a Mental Health Certificate correct. shall receive an allowance of one dollar and fifty cents per week. (2) Such records shall, upon reasonable notice being given, be open for inspection at the office of the employer concerned by an accredited repre- In witness whereof this award has been signed sentative of the Federation. by the said Commissioner this 23rd day of March, 1967. (3) Any system of automatic recording by (Sgd) J. R, FLANAGAN, means of a machine shall be deemed a compliance [L.S.] Commissioner. with the provisions of subclause (1) so far as the particulars actually recorded are concerned. 20.—Payment of Wages. PORCELAIN WORKERS. (1) The minimum wage rates payable to workers BEFORE THE WESTERN AUSTRALIAN shall be those set out in clause 23 of this award. INDUSTRIAL COMMISSION. The rates are expressed in weekly amounts for the No. 33 Of 1965. sake of convenience only. Between the Federated Brick, Tile and Pottery (2) Wages shall be paid at least twice per cal- Industrial Union of Australia (Union of ender months, or fortnightly, at the option of the Workers) Western Australian Branch, Appli- employer. Provided that, by agreement between cant, and H. L. Brisbane & Wunderlich Pty the employer and the Federation, the wages in any Ltd, Respondent. particular case may be paid once per calendar COMMISSIONER D. E. CORT, in pursuance of month. the powers and jurisdiction conferred upon him by section 50 of the Industrial Arbitration Act, 1912- 21.—Interviews. 1966, and in pursuance of an allocation to him by An accredited representative of the Federation the Chief Industrial Commissioner (under section shall be entitled to interview members of the 54 of the said Act), doth hereby make the follow- Federation on the employer's premises at reason- ing award in connection with the industrial dis- able times. pute between the abovenamed parties. 22j—Notices. Award. If the Federation so requests, a copy of this 1.—Title. award shall be posted on a board of reasonable This award shall be known as the "Porcelain size in a place where it may be conveniently and Workers' Award, 1967," and replaces Award No. 24 readily seen by every worker concerned. The of 1959, as amended. Federation may also post thereon such other 2.—Arrangement. notices relating to union matters as are reasonable. 1. Title. 2. Arrangement. 23.—Laundry and Uniforms. 3. Scope. (1) Each worker shall be entitled to all reason- 4. Area. able laundry work at the expense of the employer, 5. Term. but where the uniform of any worker cannot be 6. Horn's. laundered by the employer an allowance of 40 7. Shift Work. cents per week shall be paid to the worker. 8. Overtime. 9. Mixed Functions. (2) Uniforms—The employer shall supply each 10. Holidays and Annual Leave. worker with all uniforms required made in accor- 11. Wages. dance with her measurements. Provided, however, 12. Absence through Sicknes. that in lieu of supplying uniforms, the employer 13. Payment of Wages. may pay an allowance of sixty cents per week. 14. Contract of Service. 15. Posting of Award. 24.—Wages. 16. Time and Wages Record. The minimum rates of pay payable to workers 17. First Aid Outfit. covered by this award shall be as follows:— 18. Board of Reference 19. Breakdowns etc. (1) Basic Wage (per week): 20. Under-rate Workers. $ 21. Junior Workers' Certificate. Males 33.50 22. Long Service Leave. Females 25.13 23. Representative Interviewing Workers. (2) Margins (per week): *24. Preference to Unionists. (a) Industrial Nurse 15.00 * Denotes disputed clause. (b) T.B. Nurse- 3.—Scope. Epidemiology Nurse; School This award shall apply to all workers employed Nurse; Occupational Health by the respondent in the classifications described Nurse; Mental Health Clinic in clause 11 hereof engaged in the Porcelain Ware Nurse; and Day Hospital Manufacturing Industry. Nurse— 4.—Area. First year 19.30 This award shall have effect over an area com- Second year 20.30 prised within a radius of fifteen miles from the Third year 21.05 General Post Office, Perth. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 185

5.—Term. Cb) No organisation, party to this Award or The term of this award shall be for a period of worker or workers covered by this Award three years as from the beginning of the first pay shall in any way, whether directly or in- period commencing on or after the date hereof. directly, be a party to or concerned in any ban, limitation or restriction upon the 6.—Hours. working of overtime in accordance with (1) Forty hours shall constitute the ordinary the requirements of this subclause. week's work. Liberty is reserved to either party to apply to (2) The ordinary hours of work shall not exceed have the proviso in Clause 8 (3) deleted when the eight hours daily from Monday to Friday inclusive. burners' hours are changed to eight hour shifts. (3) The hours of work, except where shifts are 9.—Mixed Functions. worked, shall be performed as follows: Monday to (1) A worker called upon to perform work carry- Friday, inclusive, between 7 a.m. and 5.30 p.m. ing a higher rate than his usual rate of pay shall be entitled to payment at such higher rate for the 7.—Shift Work. period that he is actually engaged upon such work. (1) Where two or more shifts in any one day are worked, the hours of shift workers shall be (2) A worker called upon to do work carrying a such as are mutually agreed upon between the lower rate than his usual rate of pay, for less employer and the union. Failing agreement, the than one half of a day, shall be paid for such hours of shift workers shall be fixed by the Board work at his usual rate of pay. of Reference. (2) The penalty rates for shift work shall be 10.—Holidays and Annual Leave. five per cent, for afternoon shift and ten per cent, (1) (a) The following days, or the days observed for night shift. in lieu shall subject to Clause 8 be allowed as (3) (a) Where any particular process if carried holidays without deduction of pay, namely—New out on shifts other than day shift, and less than Year's Day, Australia Day, Good Friday, Easter five consecutive afternoon or five consecutive night Monday, Anzac Day, Labour Day, Foundation Day, shifts are worked on that process, then workers Sovereign's Birthday, Christmas Day and Boxing employed on such afternoon or night shifts shall Day. Provided that another day may be taken be paid at overtime rates. as a holiday by arrangement between the parties, (b) The sequence of work shall not be deemed to in lieu of any of the days named in the subclause. be broken under the preceding paragraph by reason (b) Where Christmas Day or New Year's Day of the fact that work on the process is not carried falls on a Saturday or a Sunday, such holiday out on a Saturday or Sunday or on any holiday. shall be observed on the next succeeding Monday Provided that this subclause shall not apply to and where Boxing Day falls on a Sunday or a burners. Monday such holiday shall be observed on the next succeeding Tuesday; in each such case the 8.—Overtime. substituted day shall be deemed a holiday without (1) Work performed beyond eight hours on Mon- deduction of pay in lieu of the day for which it is day to Friday inclusive, or beyond forty hours in substituted. any one week, or except in the case of shift work, (2) On any public holiday not prescribed as a before the prescribed starting or after the pre- holiday under this award the employer's establish- scribed finishing time, shall be deemed to be over- ment or place of business may be closed, in which time. case a worker need not present himself for duty Liberty is reserved to the respondents to apply and payment may be deducted, but if work be to amend the provisions of this subclause. done ordinary rates of pay shall apply. (2) In the case of shift workers, work performed (3) Any worker absenting himself from work outside the x'ostered hours of duty shall be deemed on the whole or any portion of the working day to be overtime. preceding or on the whole or any portion of the (3) Overtime shall be paid for at the rate of working day succeeding a holiday provided for time and a half for the first four hours and double herein shall not be entitled to payment for such time thereafter. Provided this shall not apply to holiday. burners. (4) Except as hereinafter provided, a period of (4) Work performed on Sundays and the holi- three consecutive weeks' leave with payment of days prescribed by clause 10 hereof shall be paid ordinary wages as prescribed shall be allowed at the rate of double time. annually to a worker by his employer after a (5) (a) A worker required to work overtime for period of twelve months' continuous service with more than two hours without being notified on the that employer. previous day or earlier that he will be so required (5) If any award holiday falls within a worker's to work, shall be supplied with any meal required period of annual leave and is observed on a day by the employer or paid sixty five cents for a which in the case of that worker would have been meal. an ordinary working day there shall be added to (b) No such payments need to be made to a that period one day being an ordinary working day worker living in the same locality as his place of for each such holiday observed as aforesaid. work who can reasonably return home for such (6) If after one month's continuous service in meals. any qualifying twelve-monthly period a worker- (6) Notwithstanding anything contained in this leaves his employment or his employment is ter- Award:— minated by the employer through no fault of the (a) An employer may require any worker to worker, the worker shall be paid one-quarter of work reasonable overtime at overtime rates a week's pay at his ordinary rate of wage in re- and such worker shall work overtime in spect of each completed month of continuous ser- accordance with such requirement. vice. (21—34015 186 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

(7) (a) A continuous kiln burner, that is a $ burner who is rostered to work regularly on Sun- Mould maker 5.30 day and holidays shall be allowed one week's leave Slip house hands 3.95 in addition to the leave to which he is otherwise Slip makers assistant 4.95 entitled under this clause. Sagger maker 4.95 (b) Where a worker with twelve months' con- Jolly hands— tinuous service is engaged for part of a qualifying First three months 2.30 twelve monthly period as a seven day shift worker, Thereafter 4.95 he shall be entitled to have the period of annual All other adult labour Nil leave to which he is otherwise entitled under this clause increased by one-twelfth of a week for each (3) Adult Females: Occupational Groups, completed month he is continuously so engaged. Females— (8) Any time in respect of which a worker is Group 1: absent from work except time for which he is (a) Gloss warehouse workers, including entitled to claim sick pay or time spent on holidays carton or similar packing. or annual leave as prescribed by this award shall (b) on-glaze decorators except printers' not count for the purpose of determining his right transferers. to annual leave. (c) Polishers and grinders. (9) In the event of a worker being employed by an employer for portion only of a year, he shall Group 2: only be entitled, subject to subclause (6) of this (a) Biscuit warehouse workers. clause, to such leave on full pay as is propor- (b) Dipping house workers and crankers tionate to his length of service during that period (excluding dippers). with such employer, and, if such leave is not equal (c) Glaze sprayers. to the leave given to the other workers he shall (d) Underglaze decorators. not be entitled to work or pay whilst the other (e) Printers transferers-badging. workers of such employer are on leave on full pay. (f) Glost and enamel placers and drawers (10) A worker who is justifiably dismissed for on continuous ovens and kilns. misconduct shall not be entitled to the benefit of (g) Handle casters, trimmers and cutters. the provisions of this clause. (11) In special circumstances and by mutual con- Group 3: sent of the employer, the worker and the union (a) Potters' assistants including mould- concerned, annual leave may be taken in not more runners, batters out and carriers. than two periods. (b) Handlepressers. (12) Notwithtstanding anything else herein con- (c) Hand dippers. tained, an employer who observes a Christmas (d) Glost and biscuit placers on inter- closedown for the purpose of granting annual leave mittent ovens and kilns. may require a worker to take his annual leave in (e) Biscuit placers on continuous ovens not more than two periods but neither of such and kilns. periods shall be less than one week. (f) Burnishers. 11.—Wages. Group 4: The minimum rates of wages payable to workers (a) Towers. covered by this Award shall be as follows:— (b) Fettlers. $ (c) Spongers. (1) Basic Wage (per week) 33.50 (d) Stickers-up. (e) Over-lookers and greenhouse women. (2) Adult Males (margin over basic wage (f) Scollopers. per week) (g) Handlers (by hand). Hand presser (sanitaryware)— (h) Cover makers and spout makers. First six months 3.15 Group 5: Thereafter 5.30 (a) Platemakers. Caster and finisher— (b) Saucer makers. First three months 3.15 (c) Casters (except handle casters). Thereafter 5.30 (d) Dish makers. Caster (jug and teapot)— (e) Cup and bowl makers. (f) Jigger and jolliers. First three months 2.30 (g) Turners. Thereafter 4.95 (h) Aerographers. Dipper 5.30 (i) Printers. Spray gun operator 5.30 (j) Ornamenters and flower makers, Placer and burner, tunnel kilns .... 6.80 (k) Pattern gilders (freehand pattern gilding only. Does not include trac- Placer and drawer, other kilns— ing). First three months 3.15 (1) Underglaze and on-glaze banders. Thereafter 5.30 Adult Females (margin over Female Placer only, tunnel kilns 5.95 Basic Wage per week): $ Burners, other kilns 5.95 Group 1 Nil Decorator— Group 2 1.88 First six months 2.30 Group 3 2.52 Second six months 3.15 Group 4 3.05 Thereafter 5,30 Group 5 4.22 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 187

Adult Female Trainees: (6) Notwithstanding the provisions of subclause Groups 2 and 3—Training period of (5) hereof, a worker, who in any calendar year, thirteen weeks on Basic Wage. has already been allowed paid sick leave on one Groups 4 and 5—Training period of occasion for one day only, or less, shall not be twenty-six weeks on Basic Wage. Pro- entitled to payment for any further absence un- vided that where an employee is re- less he produces to the employer a medical certifi- ceiving a margin at the time of being cate stating that he was unable to attend for transferred to Groups 4 and 5 such duty on account of personal ill-health. margin to continue during training period. 13.—Payment of Wages. Where an adult trainee has not acquired (1) All wages shall be paid on the job within the necessary skill or efficiency after the twenty minutes of the close of the day's work at initial training period but appears likely to least once a fortnight. do so after further training she may under- (2) When a worker is discharged, or leaves his take the further period of training at half employer legally, at or before the usual time, he margin for her occupational group, such shall be paid all wages due to him within one period to be mutually agreed between the day of ceasing work. employer and the union. (3) Where an obligation to pay a 'final amount (4) Junior Workers—Hale (per cent, of contains a decimal figure of .5 of a cent or more, male basic wage per week) % the amount to be paid shall be the next whole Between 14 and 15 years of age .... 30 cent. Example: 5.5 cents becomes 6 cents. Where Between 15 and 16 years of age .... 40 the amount to be paid contains a decimal figure Between 16 and 17 years of age .... 50 of less than .5 of a cent, such decimal figure shall Between 17 and 18 years of age .... 60 be disregarded. Example: 5.4 cents becomes 5 Between 18 and 19 years of age .... 70 cents. Between 19 and 20 years of age .... 80 14.—Contract of Service. Between 20 and 21 years of age .... 90 One day's notice shall (with the exception of (5) Junior Workers—Female (per cent, junior workers in whose case one week's notice of female basic wage per week): shall be required) be necessary to terminate the 1st year of service 35 engagement of all workers. In the event of an 2nd year of service 45 employer or a worker failing to give the required 3rd year of service 50 notice, one day's wages shall be paid or forfeited 4th year of service 60 (with the exception of junior workers in whose 5th year of service 75 case one week's wages shall be paid or fofeited). 6th year of service 85 Provided that an employer may at any time (6) Leading Hands: Any worker appointed as dismiss a worker for refusal or neglect to obey such and placed in charge of more than orders, for misconduct, or if after receiving the four other workers shall be paid the follow- prescribed notice he does not carry out his duties ing amounts in addition to the rates pre- in the same manner as he did prior to such notice. scribed herein: Males $2.30 per week; For the purpose of this clause, notice shall be Females $1.70 per week. given at or before the usual starting time on any Liberty is reserved to the union to apply ordinary working day and shall be deemed to to amend this clause. expire at the completion of that day's work. 15.—Posting of Award. 12.—Absence through Sickness. (1) Notices relating to meetings in connection (1) A worker shall be entitled to payment for with the union shall be allowed to be exhibited in non-attendance on the ground of personal ill- each yard. health at the rate of one-twelfth of a week's pay for each completed month of service: Pro- (2) A copy of this award, if supplied by the vided that payment for absence through such ill- union shall be allowed to be posted in a place easily health shall be limited to one week's pay in each accessible to the workers. calendar year. 16.—Time and Wages Record. (2) Payment hereunder may be adjusted at the The employer shall keep and enter up, or cause end of each calendar year or at the time the to be kept and entered up, a record containing— worker leaves the service of the employer, in the event of the worker being entitled by service (a) the name of each worker to whom this subsequent to the sickness to a greater allowance award applies; than that made at the time the sickness occurred. (b) the class of work performed by him; (3) This clause shall not apply when the (c) the hours worked each day by him; worker is entitled to compensation under the (d) the wages (and overtime, if any) paid to Workers' Compensation Act. him; (4) A worker shall not be entitled to receive (e) the ages of junior workers. any wages from his employer for any time lost Such record shall be open to inspection by a through any accident not arising out of or in the representative of the union not more than once course of his employment or for any accident weekly, between the working hours of 10 a.m. wherever sustained arising out of his own wilful and 4 p.m. default or for sickness arising out of his own wilful default. 17.—First Aid Outfit. (5) No worker shall be entitled to the benefits Every factory shall be equipped with a first-aid of this clause unless he produces proof satisfactory outfit and such outfit shall be kept in a suitable to his employer of sickness, but the employer shall and accessible place. Burners shall not be left not be entitled to a medical certificate unless the alone at night without access to the first aid absence is for three days or more. outfit. 188 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. . [19 April, 1967.

18.—Board of Reference. union, on notifying the employer or his repre- (1) The Commission hereby appoints, for the sentative, shall be permitted to enter the business purposes of this award, a Board of Reference con- premises of the employer to view the work the sisting of a chairman and two other members who subject of any such disagreement but shall not shall be appointed pursuant to regulation 80 of interfere in any way with the carrying out of the Industrial Arbitration Act (Western Australian such work. Industrial Commission) Regulations 1964. (2) The Board of Reference is hereby assigned 24.—Preference to Unionists. the function of allowing, approving, fixing, deter- (1) In this clause— mining or dealing with any matter of difference "the union" means the Federated Brick, Tile between the parties in relation to any matter and Pottery Industrial Union of Workers, which, under this award, may be allowed, approved, Western Australian Branch; fixed, determined or dealt with by a Board of "unionist" means a worker who is a member Reference. of the union; ) 19.—Breakdowns, etc. "non-unionist" means a worker who is not a The employer shall be entitled to deduct pay- member of the union. ment for any day or portion of a day upon (2) Subject to the provisions of this clause it which the worker cannot be usefully employed is a condition of employment under this award because of any strike by the union or unions that each non-unionist shall— affiliated with it or by any other Association or (a) unless he has already applied for mem- union or through the breakdown of the employ- bership of the union in the manner pre- er's machinery or any stoppage of work by any scribed by the rules of the union, apply cause which the employer cannot reasonably for such membership in the manner so prevent. prescribed within seven days of receiving, 20.—Under-rate Workers. from an accredited representative of the (1) Any worker who by reason of old age or union, a copy of those rules, a copy of this infirmity is unable to earn the minimum wage clause and an application form for mem- may be paid such lesser wage as may from time bership; to time be agreed upon in writing between the (b) upon being notified that he has been union and the employer. accepted as a member of the union, do (2) In the event of no agreement being arrived such things as may be required under the at the matter may be referred to the Board of rules of the union in relation to his Reference for determination. admission to membership; and (3) After application has been made to the (c) thereafter remain a unionist while so Board, and pending the Board's decision, the employed. worker shall be entitled to work for and be em- (3) Subclause (2) of this clause does not apply ployed at the proposed lesser rate. to any worker— (a) who holds a certificate of exemption from 21.—Junior Worker's Certificate. membership of the union issued and in (1) Junior workers shall furnish the employer force pursuant to section 6 IB of the with a certificate containing the following par- Industrial Arbitration Act, 1912-1966; ticulars :— (b) who, prior to the expiration of the seven (a) Name in full. days referred to in that subclause, has (b) Age and date of birth. applied for such a certificate of exemption, (c) Length of experience with any previous unless and until that application is finally employer. determined under that section; or (2) The certificate shall be signed by the worker. (c) for the unexpired portion of any period in (3) No worker shall have any claim upon the respect of which he has, prior to com- employer for additional wages in the event of his mencing employment under this award, age being wrongly stated on the certificate. paid membership fees on his own behalf (4) If any worker shall wilfully mis-state his to another union. age, he alone shall be guilty of a breach of this (4) (a) Where the secretary of the union has Award. notified an employer that a non-unionist to whom 22.—Long Service Leave. the provisions of subclause (2) of this clause apply has failed or refused to comply with those provi- The Long Service Leave provisions published in sions, that non-unionist shall not be retained in Volume 44 of the Western Australian Industrial employment by that employer for more than Gazette at pages 606 to 612 inclusive are hereby twenty-four hours to the exclusion of any well-con- incorporated in and shall be deemed to be part of ducted unionist who is employed by, or who applies this award. for employment, with that employer and who is 23.—Representative Interviewing Workers. adequately experienced and otherwise competent (1) On notifying the employer or his representa- in the work performed by that non-unionist, and tive an accredited representative of the union shall is of the sex to which that work is allotted by this be permitted to interview a worker during the award, or, where the award makes no such provi- recognised meal hour on the business premises of sion, by custom. the employer at the place at which the meal is (b) Where paragraph (a) of this subclause oper- taken but this permission shall not be exercised ates so as to require the dismissal of a non-unionist without the consent of the employer more than by his employer the provisions of Clause 14 of once in any one week. this award are hereby declared inoperative in (2) In the case of a disagreement existing or respect of that dismissal but only if— anticipated concerning any of the provisions of (i) a unionist is engaged to commence work this award, an accredited representative of the in the place of the non-unionist; and 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 189

(ii) that the dismissal does not become effect- 2.—Arrangement. ive before the unionist has so commenced. 1. Title. (5) A non-unionist shall not be engaged for any 2. Arrangement. work to the exclusion of a well-conducted unionist 3. Area. if that unionist— 4. Scope. (a) is adequately experienced in and compe- 5. Term. tent to perform that work; 6. Hours. 7. Shift Work. (b) applies to that employer, for employment 8. Overtime. on that work— 9. Mixed Functions. (i) not later than the time at which 10. Holidays and Annual Leave. the non-unionist applies; or 11. Wages. (ii) within the time specified by that 12. Absence through Sickness. employer in any advertisement 13. Payment of Wages. calling for such applications, 14. Contract of Service. whichever is the later; 15. Posting of Award. 16. Time and Wages Record. (c) is able to commence work at the time 17. First Aid Outfit. required by the employer; and 18. Under-rate Workers. (d) is of the sex to which the work concerned 19. Breakdowns. is allotted by this award or where the 20. Junior Workers Certificate. award makes no such provision, by custom. 21. Board of Reference. 22. Long Service Leave. (6) Subclause (5) of this clause does not apply 23. Temperature. to a non-unionist— 24. Representative Interviewing Workers. (a) who holds a certificate of exemption from *25. Preference to Unionists. membership of the union issued and in * Denotes disputed clause. force pursuant to section 6 IB of the In- dustrial Arbitration Act, 1912-1966; or 3.—Area. (b) for the period between the date on which This award shall have effect over the area com- he applies for such a certificate and the prised within a radius of thirty miles from the date on which that application is finally General Post Office, Perth. determined under that section. 4.—Scope. This award shall apply to all workers employed In witness whereof this award has been signed by the respondents in the classifications described by the said Commissioner, this 17th day of Feb- in clause 11 hereof engaged in the manufacture of ruary, 1967. earthenware pipes and tiles. [L.S.] (Sgd) D. CORT, Commissioner. 5.—Term. The term of this award shall be for a period of three years as from the beginning of the first pay period commencing on or after the date hereof. 6.—Hours. POTTERY WORKERS. Except as otherwise provided in this award, the (Pipe and Tile Section.) following shall apply:— BEFORE THE WESTERN AUSTRALIAN (1) Forty hours shall constitute the ordin- INDUSTRIAL COMMISSION. ary week's work. No. 38 of 1965. (2) The hours of work except In the case of Between: the Federated Brick, Tile and Pottery shift workers shall not exceed eight hours per Industrial Union of Australia (Union of day Monday to Friday inclusive to be per- Workers) Western Australian Branch, Appli- formed between 7 a.m. and 5.30 p.m. cant, and H. L. Brisbane & Wunderlich Pty Ltd, and Stoneware Pipes and Tiles Pty Ltd, 7.—Shift Work. Respondents. (1) Where two or more shifts in any one day COMMISSIONER D. E. CORT, in pursuance of are worked, the hours of shift workers shall be the powers and jurisdiction conferred upon him by such as are mutually agreed upon between the section 50 of the Industrial Arbitration Act, 1912- employer and the union. Failing agreement, the 1966, and in pursuance of an allocation to him by hours of shift workers shall be fixed by the Board the Chief Industrial Commissioner (under section of Reference. 54 of the said Act), doth hereby make the following- (2) The penalty rates for shift work shall be five award in connection with the industrial dispute per cent for afternoon shift and ten per cent for between the abovenamed parties. night shift. Award. (3) (a) Where any particular process if carried out on shifts other than day shift, and less than 1.—Title. five consecutive afternoon or five consecutive night This award shall be known as the "Pottery shifts are worked on that process, then workers Workers (Pipe and Tile Section) Award 1967" and employed on such afternoon or night shifts shall replaces award No. 8 of 1959 as amended. be paid at overtime rates. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

(b) The sequence of work shall not be deemed Sovereign's Birthday, Christmas Day and Boxing to be broken under the preceding paragraph by Day. Provided that another day may be taken reason of the fact that work on the process is hot as a holiday by arrangement between the parties, carried out on a Saturday or Sunday or on any in lieu of any of the days named in the subclause. holiday. Provided that this subclause shall not (b) Where Christmas Day or New Year's Day apply to burners. falls on a Saturday or a Sunday, such holiday shall be observed on the next succeeding Monday and 8.—Overtime. where Boxing Day falls on a Sunday or a Monday (1) Work performed beyond eight hours on Mon- such holiday shall be observed on the next suc- day to Friday inclusive, or beyond forty hours in ceeding Tuesday; in each such case the substituted any one week, or except in the case of shift work, day shall be deemed a holiday without deduction before the prescribed starting or after the pre- of pay in lieu of the day for which it is substi- scribed finishing time, shall be deemed as overtime. tuted. Liberty is reserved to apply to amend the provisions (2) On any public holiday not prescribed as a of this subclause. holiday under this award, the employer's estab- (2) In the case of shift workers all work per- lishment or place of business may be closed, in formed outside the rostered hours of duty shall which case a worker need not present himself for be deemed to be overtime. duty and payment may be deducted, but if work (3) Overtime shall be paid for at the rate of be done ordinary rates of pay shall apply. time and a half for the first four hours and double (3) Any worker absenting himself from work time thereafter. Provided this shall not apply tn on the whole or any portion of the working day burners. Liberty is reserved to the union to apply preceding or on the whole or any portion of the to amend the proviso to this subclause. working day succeeding a holiday provided for (4) All work performed on Sunday and on the herein shall not be entitled to payment for such holidays prescribed in clause 10 hereof shall be holiday. paid at the rate of double time. (4) Except as hereinafter provided, a period of (5) When a worker is required for duty during three consecutive weeks' leave with payment of any meal time whereby his meal time is postponed ordinary wages as prescribed shall be allowed annu- for more than one hour, he shall be paid at over- ally to a worker by his employer after a period of time rates until he gets his meal. twelve months' continuous service with that em- ployer. (6) (a) A worker required to work overtime for more than two hours without being notified on (5) If any award holiday falls within a worker's the previous day or earlier that he will be so re- period of annual leave and is observed on a day quired to work, shall be supplied with any meal which in the case of that worker would have been required by the employer or paid sixty five cents an ordinary working day there shall be added to that period one day being an ordinary working day for a meal. for each such holiday observed as aforesaid. (b) No such payments need to be made to a worker living in the same locality as his place (6) If after one month's continuous service in of work who can reasonably return home for such any qualifying twelve-monthly period a worker meals. leaves his employment or his employment is termin- ated by the employer through no fault of the (7) Notwithstanding anything contained herein— worker, the worker shall be paid one-quarter of (a) An employer may require any worker to a week's pay at his ordinary rate of wage in re- work reasonable overtime at overtime spect of each completed month of continuous ser- rates and such worker shall work overtime vice. in accordance with such requirement. (7) Any time in respect of which a worker is (b) The -union or any worker or workers absent from work except time for which he is covered by this award, shall not in any entitled to claim sick pay or time spent on holidays way, whether directly or indirectly be a or annual leave as prescribed by this award shall party to or concerned in any ban, limita- not count for the purpose of determining his right tion or restriction upon the working of to annual leave. overtime in accordance with the require- (8) In the event of a worker being employed by ments of this subclause. an employer for portion only of a year, he shall only be entitled, subject to subclause (6) of this clause, 9.—Mixed Functions. to such leave on full pay as is proportionate to his (DA worker called upon to perform work carry- length of service during that period with such ing a higher rate than his usual rate of pay shall employer and if such leave is not equal to the leave be entitled to payment at such higher rate for given to the other workers he shall not be entitled the period that he is actually engaged upon such to work or pay whilst the other workers of such work. employer are on leave on full pay. (2) A worker called upon to do work carrying a lower rate than his usual rate of pay, for less than (9) A worker who is justifiably dismissed for mis- one half of a day, shall be paid for such work at conduct shall not be entitled to the benefit of the his usual rate of pay. provisions of this clause. (10) In special circumstances and by mutual con- 10.—Holidays and Annual Leave. sent of the employer, the worker and the union (1) (a) The following days, or the days observed concerned, annual leave may be taken in not more in lieu shall subject to clause 8 be allowed as than two periods. holidays without deduction of pay, namely—New (11) Notwithstanding anything else herein con- Year's Day, Australia Day, Good Friday, Easter tained, an employer who observes a Christmas Monday, Anzac Day, Labour Day, Foundation Day, closedown for the purpose of granting annual leave 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 191

may require a worker to take his annual leave in (4) A worker shall not be entitled to receive any not more than two periods but neither of such wages from his employer for any time lost through periods shall be less than one week. any accident not arising out of or in the course of his employment or for any accident wherever sus- 11.—Wages. tained arising out of his own wilful default or for The minimum rates of wages payable to workers sickness out of his own wilful default. covered by this award shall be as follows: (5) No worker shall be entitled to the benefits of $ this clause unless he produces proof satisfactory to (1) Basic Wage (per week) 33,50 his employer of sickness, but the employer shall not (2) Adult Males (margin over basic wage be entitled to a medical certificate unless the ab- per week) sence is for three days or more. Pork lift driver 8.45 (6) Notwithstanding the provisions of subclause Burner 6.80 (5) hereof a worker who in any calendar year Despatch hand 6.25 has already been allowed paid sick leave on one Moulder, presser, trapmaker .... 5.95 occasion for one day only, or less, shall not be Setter drawer pipes 5.30 entitled to payment for any further absence unless Setter drawer tiles 4.45 he produces to the employer a medical certificate Die moulder 5.30 stating that he was unable to attend for duty on Junction sticker 4.55 account of personal ill-health. Tow motor driver 4.55 Pipe machine operator 4.35 13.—Payment of Wages. Taker off pipes, lathe machine (1) All wages shall be paid on the job within operator 4.35 twenty minutes of the close of the day's work at Taker off tiles 4.35 least once a fortnight. Pipe dresser, trimmer 3.40 (2) When a worker is discharged or leaves his Slapper 3.40 employer legally, at or before the usual time, he Plant attendant 4.60 shall be paid all wages due to him within one day Clay skip filler 3.40 of ceasing work. Flue cleaner, ash wheeler 3.05 (3) Where an obligation to pay a final amount Panman working winch 4.35 contains a decimal figure of .5 of a cent or more, Panman 4.05 the amount to be paid shall be the next whole Millman mixer 4.35 cent. Example: 5.5 cents becomes 6 cents. Where Tile drawer's assistant 3.40 the amount to be paid contains a decimal figure Hand colour sprayer 3.40 of less than .5 of a cent, such decimal figure shall Ridge maker 3.40 be disregarded. Example: 5.4 cents becomes 5, Sorter and loader (H. L. Brisbane cents. and Wunderlich Ltd, Belmont) .... 3.05 14.—Contract of Service. Millman mixer (H. L. Brisbane and One day's notice shall (with the exception of Wunderlich Ltd, Belmont) .... 5.35 the Junior Workers referred to in Clause 11 (3) All other adult labour 2.00 in whose case one week's notice shall be required) be necessary to terminate the engagement of all (3) Juniors Workers—Male (per cent of workers. If such notice of termination is not given, male basic wage): one day's wages shall be paid or forfeited. For the 14 to 15 years of age 30 purpose of this subclause, notice shall be given at 15 to 16 years of age 40 or before the usual starting time on any ordinary 16 to 17 years of age 50 working day and shall be deemed to expire at the 17 to 18 years of age 60 completion of that day's work. Provided that an 18 to 19 years of age 70 employer may at any time dismiss a worker for 19 to 20 years of age 80 refusal or neglect to obey orders or for misconduct 20 to 21 years of age 90 or if after receiving the prescribed notice he does (4) Leading Hands: Any worker appointed as not carry out his duties in the same manner as he such and placed in charge of more than four did prior to receiving such notice. other workers shall be paid two dollars and thirty cents per week in addition to the rates 15.—Posting of Award. prescribed herein. (1) Notices relating to meetings in connection (5) Liberty is reserved to the union to apply to with the union shall be allowed to be exhibited in amend the provisions of this clause. each yard. (2) A copy of this award, if supplied by the union 12.—Absence through Sickness. shall be allowed to be posted in a place easily (1) A worker shall be entitled to payment for accessible to the workers. non-attendance on the ground of personal ill-health at the rate of one-twelfth of a week's pay for each 16.—Time and Wages Record. completed month of service: Provided that pay- The employer shall keep and enter up or cause ment for absence through such ill-health shall be to be kept and entered up a record containing the limited to one week's pay in each calendar year. following particulars:— (2) Payment hereunder may be adjusted at the (i) The name and address of each worker; end of each calendar year or at the time the worker- (ii) the class of work performed by him; leaves the service of the employer, in the event of (iii) the hours worked each day by him; the worker being entitled by service subsequent to (iv) the wages (and overtime if any) paid to the sickness to a greater allowance than that made him; at the time the sickness occurred. (v) the ages of Junior Workers. (3) This clause shall not apply when the worker Such record shall be open to inspection by a repre- is entitled to compensation under the Workers' sentative of the union not more than once weekly Compensation Act. between the working hours of 10 a.m. and 4 p.m. 192 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

17.—First Aid Outfit. face of the bricks is over 130° F. when the fans are running, the men then working in the kiln Every yard shall be equipped with a first-aid out- may without prejudice to their employment, dis- fit and such outfit shall be kept in a suitable place continue working in the kiln until the heat is not more than three hundred yards from the place reduced to 130° F., the thermometer to be kept in of employment. the kiln until the mercury ceases its upward move- Burners shall not be left alone at night without ment. access to the first-aid outfit. 18.—-Under-rate Workers. 24.—Representative Interviewing Workers. (1) Any worker who by reason of old age or in- (1) On notifying the employer or his represen- firmity is unable to earn the minimum wage may tative an accredited representative of the union be paid such lesser wage as may from time to time shall be permitted to interview a worker during be agreed upon in writing between the union and the recognised meal hour on the business premises of the employer at the place at which the meal is the employer. taken but this permission shall not be exercised (2) In the event of no agreement being arrived without the consent of the employer more than at the matter may be referred to the Board of once in any one week. Reference for determination. (2) In the case of a disagreement existing or (3) After application has been made to the Board, anticipated concerning any of the provisions of this and pending the Board's decision, the worker shall award, an accredited representative of the union, be entitled to work for and be employed at the on notifying the employer or his representative, proposed lesser rate. shall be permitted to enter the business premises of 19.—Breakdowns. the employer to view the work the subject of any such disagreement but shall not interfere in any The employer shall be entitled to deduct payment way with the carrying out of such work. for any day or portion of a day upon which the worker cannot be usefully employed because of any 25.—Preference to Unionists. strike by the union or unions affiliated with it or by any other Association or union or through the (1) In this clause— breakdown of the employer's machinery or any "the union" means the Federated Brick, Tile stoppage of work by any cause which the em- and Pottery Industrial Union of Workers, ployer cannot reasonably prevent. Western Australian Branch; "unionist" means a worker who is a member 20. Junior Worker's Certificate. of the union; Junior workers upon being engaged shall, if prac- "non-unionist" means a worker who is not a ticable, furnish the employer with a certificate con- member of the union. taining the following particulars:— (2) Subject to the provisions of this clause it is (i) Name in full. a condition of employment under this award that (ii) Age and date of birth. each non-unionist shall— No worker shall have any claim upon an em- (a) unless he has already applied for member- ployer for additional pay in the event of the age ship of the union in the manner pres- of the worker being wrongly stated either on the scribed by the rules of the union, apply for certificate or, if no such certificate is furnished, such membership in the manner so pre- verbally to the employer. If any junior worker scribed within seven days of receiving, shall wilfully mis-state his age either verbally to from an accredited representative of the the employer or in the certificate, he alone shall union, a copy of those rules, a copy of this be guilty of a breach of this award, and in the clause and an application form for mem- event of a worker having received a higher rate bership; than that to which he was entitled he shall make (b) upon being notified that he has been ac- restitution to the employer. cepted as a member of the union, do such 21. Board of Reference. things as may be required under the rules (1) The Commission hereby appoints, for the of the union in relation to his admission purposes of this award, a Board of Reference con- to membership; and sisting of a chairman and two other members who (c) thereafter remain a unionist while so em- shall be appointed pursuant to regulation 80 of ployed. the Industrial Arbitration Act (Western Australian (3) Subclause (2) of this clause does not apply Industrial Commission) Regulation 1964. to any worker— (2) The Board of Reference is hereby assigned (a) who holds a certificate of exemption from the function of allowing, approving, fixing, deter- membership of the union issued and in mining or dealing with any matter of difference force pursuant to section 6 IB of the In- between the parties in relation to any matter which, dustrial Arbitration Act, 1912-1966; under this award, may be allowed, approved, fixed, (b) who, prior to the expiration of the seven determined or dealt with by a Board of Reference. days referred to in that subclause, has 22.—Long Service Leave. applied for such a certificate of exemp- The Long Service Leave provisions published in tion, unless and until that application is Volume 44 of the Western Australian Industrial finally determined under that section; or Gazette at pages 606-612 inclusive are hereby in- (c) for the unexpired portion of any period corporated in and shall be deemed to be part of in respect of which he has, prior to com- this award. mencing employment under this award, paid membership fees on his own behalf 23.—Temperature. to another union. Where the temperature of the kiln ascertained (4) (a) Where the secretary of the union has at a height of five feet six inches from the ground notified an employer that a non-unionist to whom and at a distance of one foot six inches from the the provisions of subclause (2) of this clause apply 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. has failed or refused to comply with those provi- Commissioner of The Western Australian Indus- sions, that non-unionist shall not be retained in trial Commission, in pursuance of an allocation to employment by that employer for more than me by the Chief Industrial Commissioner and in twenty-four hours to the exclusion of any well- pursuance of the powers contained in section 92 conducted unionist who is employed by, or who ap- of the Industrial Arbitration Act, 1912-1966, and plies for employment, with that employer and who all other powers therein enabling me, do hereby is adequately experienced and otherwise competent order and declare— in the work performed by that non-unionist, and That the Ambulance Services Workers' is of the sex to which that work is allotted by this Award, No. 19 of 1965, as amended, be and award, or, where the award makes no such provi- the same is hereby further amended in ac- sion, by custom. cordance with the following schedule and that (b) Where paragraph (a) of this subclause oper- such amendment shall take effect as from the ates so as to require the dismissal of a non-unionist beginning of the first pay period commencing by his employer the provisions of Clause 14 of this on or after the date hereof. award are hereby declared inoperative in respect of that dismissal but only if— Dated at Perth this 10th day of March, 1967. (i) a unionist is engaged to commence work (Sgd) D. CORT, in the place of the non-unionist; and [L.S.] Commissioner. (ii) that the dismissal does not become effec- tive before the unionist has so commenced. Schedule. (5) A non-unionist shall not be engaged for any Delete Clause 10 and insert in lieu thereof the work to the exclusion of a well-conducted unionist following:— if that unionist— 10.—Rates of Pay. (a) is adequately experienced in and competent $ to perform that work; (1) Basic Wage (per week) 33.50 (b) applies to that employer, for employment (2) Margins over basic wage per week of on that work— forty hours: Geriatric Transport Officer 8.40 (i) not later than the time at which Ambulance Officer— the non-unionist applies; or First year 9.30 (ii) within the time specified by that Second year 10.90 employer in any advertisement call- Third year and thereafter 13.10 ing for such applications, Station Officer (where appointed whichever is the later; as such) one dollar per week in ad- (c) is able to commence work at the time re- dition to the appropriate rate for an quired by the employer; and ambulance officer. (d) is of the sex to which the work concerned (3) To become entitled to the margins prescribed is allotted by this award or where the in subclause (2) of this clause, the worker shall award makes no such provision, by custom. at all times be a member of a Division of the St. (6) Subclause (5) of this clause does not apply John Ambulance Brigade and shall hold a current to a non-unionist— St. John Ambulance Association First Aid Certifi- (a) who holds a certificate of exemption from cate and an appropriate motor vehicle driver's membership of the union issued and in license. force pursuant to section 61B of the In- dustrial Arbitration Act, 1912-1966, or (b) for the period between the date on which ASBESTOS-CEMENT WORKERS. he applies for such a certificate and the Award No. 23 of 1960. date on which that application is finally determined under that section. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. In witness whereof this award has been signed No. 218 of 1967. by the said Commissioner, this 17th day of Febru- Between: Australian Workers' Union, Westralian ary, 1967. Branch, Industrial Union of Workers, Appli- (Sgd) D. CORT, cant, and James Hardie and Co. Pty Ltd, [L.S.] Commissioner. Respondent. HAVING heard Mr J. Isherwood on behalf of the applicant and Mr H. J. de Burgh on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western AWARDS-Amendment of— Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial AMBULANCE SERVICES WORKERS. Arbitration Act, 1912-1966, and all other powers Award No. 19 of 1965. therein enabling me, do hereby order and declare— BEFORE THE WESTERN AUSTRALIAN That the Asbestos-Cement Workers Award INDUSTRIAL COMMISSION. No, 23 of 1960, as amended, be and the same is hereby further amended in accordance with No. 235 of 1967. the following schedule and that such amend- Between the Ambulance Services Union of Workers, ment shall take effect as from the beginning of Western Australia, Applicant, and the St. the first pay period commencing on or after John Ambulance Association, Respondent. the date hereof. HAVING heard Mr. R. Wigley on behalf of the Dated at Perth this 3rd day of March, 1967, applicant and Mr H. J. de Burgh on behalf of the (Sgd) S. F. SCHNAARS, respondent, and by consent, I, the undersigned, [L.S.] Commissioner. 194 INDUSTRIAL GAZETTE. [19 April, 1967.

Schedule. Commissioner of The Western Australian Industrial 1. Delete sub-clauses (a) and (b) of Clause 9— Commission, in pursuance of an allocation to me Wages and insert in lieu thereof the following:— by the Chief Industrial Commissioner and in pur- $ suance of the powers contained in section 92 of the (a) Basic Wage (per week) 33.50 Industrial Arbitration Act, 1912-1966, and all other (b) Adult Margins (per week): powers therein enabling me, do hereby order and Examiner 8.80 declare— Fork lift driver 8.45 That the Asbestos Spraying Workers' Award. Front end loader driver 8.45 No. 30 of 1963 as amended, be and the same Low lift driver 8.45 is hereby further amended in accordance with Sheet machine driver 8.00 the following schedule and that such amend- Pipe machine driver 8.00 ment shall take effect as from the beginning Sieve maker 7.60 of the first pay period commencing on or after Pipe lathe operator 7.60 the date hereof. Tool sharpener 7.60 Dated at Perth this 24th day of February, 1967. Sawyer dockerman 7.10 (Sgd) J. R. FLANAGAN, Man-in-Charge— [L.S.] Commissioner. Asbestos treatment plant 6.80 Silica grinding plant 6.80 Flat sheet guillotine operator .... 6,80 Schedule. Coupling borer operator 6.80 1. Clause 10—Wages: Delete this clause and Pipe machine control hand .... 6.60 insert in lieu thereof the following:— Moulder 1st class 6.40 Extractor hand ... 6.40 10.—Wages. Multiple socket parter operator .... 6.40 The minimum rates of wages payable to workers Man-in-charge— covered by this award shall be as follows:— Sheet stacking 6.00 $ Making up autoclave loads .... 6.00 (a) Basic Wage (per week) 33.50 Pipe dipping 6.00 (b) Adults (margin over basic wage per Pipe testing 6.00 week): Overhead cabin crane driver .... 6.00 Qualified adult operator 10.75 Mixing plant operator (pipes) .... 6.00 (c) Trainees (per cent of male basic wage Man-in-Charge— per week): % Cement bulk handling 5.80 17 to 18 years of age 60 Tide mill 5.80 18 to 19 years of age 70 Docking saw operator 5.80 19 to 20 years of age 90 Corrugated stack breaker operator 5.80 20 to 21 years of age 100 Bend maker 5.80 Provided that where a trainee com- Former hand 5.60 mences betwen the ages of 17 to 18 he Socket sticker 5.60 shall receive a margin of three dollars and Moulder 2nd class 5.60 eighty two cents over the basic wage at 20 Mixing plant operator (sheets) .... 5.30 to 21 years. Crate maker 5.20 2. Clause 11-—Special Rates and Provisions: Crater of finished goods 5.20 Delete paragraph (a) of subclause (1) and insert General hand 5.00 in lieu thereof the following:— 2. Delete Clause 11—Leading Hands—and insert (a) A worker placed in charge for not less in lieu thereof the following:— than one day of— 11.—Leading Hands. (i) not less than three and not more than ten other workers shall be Any worker appointed as a leading hand by the employer shall be paid the following amounts in paid forty six cents per day extra; (ii) more than ten and not more than addition to his ordinary wages when placed in twenty other workers shall be paid charge of— eighty nine cents per day extra; (i) not less than three and not more than ten other workers, $2.30 per week. (iii) more than twenty other workers shall be paid one dollar and thirty- (ii) more than ten other workers $4.45 per week. three cents per day extra.

BAKERS. ASBESTOS SPRAYING WORKERS. (Metropolitan.) Award No. 30 of 1963. Award No. 15 of 1961. BEFORE THE WESTERN AUSTRALIAN BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. No. 276A of 1966. No. 170 Of 1967. Between the Operative Plasterers and Plaster Between West Australian Operative Bakers' Union Workers' Federation of Austx-alia (Industrial of Workers, Applicant, and Bread Manufac- Union of Workers) Western Australian Branch, turers' (Perth and Suburbs) Industrial Union Applicant, and Ceiloyde Pty Ltd, Respondent. of Employers, Respondent. HAVING heard Mr A. C. Lee on behalf of the HAVING heard Mr J. Skidmore on behalf of the applicant and Mr D. L. Hosking on behalf of the applicant and Mr H. J. de Burgh on behalf of respondent, and by consent, I, the undersigned, the respondent, and by consent, I, the undersigned, 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 195

Commissioner of The Western Australian Indus- accordance with the following schedule and trial Commission, in pursuance of an allocation to that such amendment shall take effect as from me by the Chief Industrial Commissioner and in the beginning of the first pay period com- pursuance of the powers contained in section 92 of mencing on or after the date hereof. the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order Dated at Perth this 17th day of February, 1967. and declare— [L.S.l (Sgd) D. CORT, That the Bakers' (Metropolitan) Award, No. Commissioner. 15 of 1961, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amend- ment shall take effect as from the beginning Schedule. of the first pay period commencing on or after Clause 8.—Wages: Delete subclauses (a) and (b) the date hereof. and insert in lieu thereof the following:— Dated at Perth this 17th day of February, 1967. The minimum rates of wages payable to [L.S.l (Sgd) D. CORT, workers covered by this award shall be as fol- Commissioner. lows :— $ (a) Basic Wage (per week) 33.50 Schedule. (b) Adults (Margin over basic wage 1. Clause 8.—Wages: Delete subclauses (a) and per week) (b) of this clause and insert in lieu thereof the Foreman in charge of four or following:— more workers 17.40 The minimum rates of wages payable to workers covered by this Award shall be as Foreman in charge of less than follows:— $ four workers 16.45 (a) Basic Wage (per week) 33.50 Single hand baker 15.50 (b) Adults (margin over basic wage Doughmaker 15.50 per week) Baker doing oven work or board Foreman-in-charge of four or hand 13.70 more workers 17.40 Jobber—one-fortieth of the Foreman-in-charge of less than oven or board hand's wage four workers. (For the pur- plus ten per cent, per hour. pose of these calculations Jobber taking charge—52 cents "workers" shall be deemed to per day extra. include "apprentices") .... 16.45 Single hand baker 15.50 Doughmaker 15.50 Baker doing oven work or board hand 13.70 Jobber—One-fortieth of the oven or board hand's wage BAKERS. plus ten per cent, per hour. (Country.) Jobber taking charge fifty-two cents per day extra. Award No. 14A of 1963. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 172 of 1967. BAKERS. Between West Australian Operative Bakers' Union of Workers, Applicant, and Acme Bakery (Kalgoorlie.) (Bunbury), and others, Respondents. Award No. 14 of 1955. HAVING heard Mr J. Skidmore on behalf of the BEFORE THE WESTERN AUSTRALIAN applicant and Mr H. J. de Burgh on behalf of the INDUSTRIAL COMMISSION. respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial No. 171 of 1967. Commission, in pursuance of an allocation to me by Between West Australian Operative Bakers' Union the Chief Industrial Commissioner and in pursu- of Workers, Applicant, and D. Loan, Piccadilly ance of the powers contained in section 92 of the Bakery, Kalgoorlie, and others. Respondents. Industrial Arbitration Act, 1912-1966, and all other HAVING heard Mr J. Skidmore on behalf of the powers therein enabling me, do hereby order and applicant and Mr H. J. de Burgh on behalf of the declare— respondents, and by consent, I, the undersigned, That the Bakers' (Country) Award, No. 14A Commissioner of The Western Australian Indus- of 1963, as amended, be and the same is hereby trial Commission, in pursuance of an allocation to further amended in accordance with the fol- me by the Chief Industrial Commissioner and in lowing schedule and that such amendment shall pursuance of the powers contained in section 92 of take effect as from the beginning of the first the Industrial Arbitration Act, 1912-1966, and all pay period commencing on or after the date other powers therein enabling me, do hereby order hereof. and declare— That the Bakers' (Kalgoorlie) Award, No. Dated at Perth this 17th day of February, 1967. 14 of 1955, as amended and consolidated, be (Sgd) D. CORT, and the same is hereby further amended in Commissioner. 196 [19 April, 1967.

Schedule. BOILERMAKERS. Clause 8—Wages: Delete subclauses (1) and (2) (S.E.C.) and insert in lieu thereof the following:— Award No. 38 of 1955. (1) Basic Wage (per week): $ BEFORE THE WESTERN AUSTRALIAN Males .... 33.50 INDUSTRIAL COMMISSION. (2) Adults (margin over basic wage per No. 208 of 1967. week) : Between the Boilermakers' Society of Australia, Foreman in charge of four or more Union of Workers, Coastal Districts, W.A., Ap- workers 16.00 plicant, and The State Electricity Commission Foreman in charge of less than four of Western Australia, Respondent. workers. (For the purpose of these HAVING heard Mr F. G. Grenfell on behalf of calculations "workers" shall be the applicant and Mr R. West on behalf of the deemed to include "apprentices") 15.05 respondent, and by consent, I, the undersigned, Single hand baker 13.90 Commissioner of The Western Australian Indus- Doughmaker 13.90 trial Commission, in pursuance of an allocation to Baker doing oven work or board me by the Chief Industrial Commissioner and in hand 12.30 pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and Jobber—one-fortieth of the oven or board hand's wage plus ten per all other powers therein enabling me, do hereby cent, per hour. order and declare— That the Boilermaking Trades (State Elec- Jobber taking charge fifty-two cents tricity Commission) Award, No. 38 of 1955, as per day extra. amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amend- ment shall take effect as from the beginning of the first pay period commencing on or after the date hereof. BERTHING MASTERS ASSISTANTS. Dated at Perth this 17th day of February, 1967. (Fremantle Fort Authority.) (Sgd) D. CORT, [LB.l Commissioner. Award No. 16 of 1956. BEFORE THE WESTERN AUSTRALIAN Schedule. INDUSTRIAL COMMISSION. Clause 28—Special Rates and Provisions: Delete No. 252 of 1967. subsection (3) and renumber the existing sub- clauses from (4) to (10) inclusive as (3) to (9), Between Merchant Service Guild of Australia, respectively. Western Australian Section, Union of Workers, Clause 29—Wages Schedule: Delete subclause (1) Applicant, and the Fremantle Port Authority, (a) (b) column "B" and (c) and insert in lieu Respondent. thereof the following:— HAVING heard Mr B. Foley on behalf of the $ applicant and Mr W. Willis on behalf of the re- (1) (a) Basic Wage (per week) 33.50 spondent, and by consent, I, the undersigned, Chief Column "B" Industrial Commissioner of The Western Australian $ Industrial Commission, in pursuance of the powers (b) Margins over basic wage (per contained in section 92 of the Industrial Arbitra- week): tion Act, 1912-966, and all other powers therein (i) Boilermaker and/or Struc- enabling me, do hereby order and declare:— tural Steel Tradesman .... 16.50 That the Berthing Masters Assistants Award (ii) Welder 1st Class who is No. 16 of 1956, as amended, be and the same is required to apply general hereby further amended in accordance with trade experience 16.50 the following schedule and that such amend- (iii) Boilermaker who for the ment shall take effect as from the beginning greater part of his time is of the first pay period commencing on or after occupied in marking off the date hereof. and/or making templates or Dated at Perth this 3rd day of March, 1967. jigs 18.60 (Sgd) S. F. SCHNAARS, (c) A leading hand, i.e., a worker- [LB.] Commissioner. placed in charge of three or more other workers, or otherwise classi- fied by the employer as a leading Schedule. hand, shall be paid the additional Clause 6—Saturday and Sunday Time: margin set out hereunder— (i) if in charge of not more (a) Delete the words and figures "four and a than ten other workers .... 3.00 half per cent (4.5%)" and insert in lieu (ii) if in charge of more than thereof the words "six per cent". ten other workers and not (b) Delete the words and figures "six and more than twenty other- three quarters per cent (6.75%)" and in- workers 5.50 sert in lieu thereof the words "nine per (iii) if in charge of more than cent". twenty other workers .... 7.90 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 197

BREADCARTERS. BUILDING TRADES. (Metropolitan and Collie.) Award No. 24 of 1958. Award No. 35 of 1963. BEFORE THE WESTERN AUSTRALIAN BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. No. 204 of 1967. No. 177 Of 1967. Between Transport Workers' Union of Australia, Between the Builders' Labourers' Union of Workers Industrial Union of Workers, Western Austral- of Western Australia, Applicant, and Master ian Branch, Applicant, and Bread Manufactur- Builders' Association of Western Australia ers' (Perth and Suburbs) Industrial Union of (Union of Employers) Perth, and others, Employers of Western Australia, Respondent. Respondents. HAVING heard Mr D. R. Culley on behalf of the HAVING heard Mr R. A. Davies on behalf of the applicant and Mr D. L. Hosking on behalf of the applicant and Mr J. Ince on behalf of the re- respondent, and by consent, I, the undersigned, spondents, I, the undersigned, Commissioner of Commissioner of The Western Australian Industrial The Western Australian Industrial Commission, Commission, in pursuance of an allocation to me by in pursuance of an allocation to me by the Chief the Chief Industrial Commissioner and in pur- Industrial Commissioner and in pursuance of the suance of the powers contained in section 92 of the powers contained in section 92 of the Industrial Industrial Arbitration Act, 1912-1966, and all other Arbitration Act, 1912-1966, and all other powers powers therein enabling me, do hereby order and therein enabling me, do hereby order and declare— declare— That the Building Trades Award, No. 24 of That the Breadcarters' (Metropolitan and 1958, as amended and consolidated, be and Collie) Award No. 35 of 1963, as amended, be the same is hereby further amended and con- and the same is hereby further amended in solidated in accordance with the following accordance with the following schedule and schedule and that such amendment shall take that such amendment shall take effect as from effect as from the beginning of the first pay the beginning of the first pay period commenc- period commencing on or after the date hereof. ing on or after the date hereof. Dated at Perth this 3rd day of March, 1967. Dated at Perth this 24th day of February, 1967. (Sgd) J. R. FLANAGAN, (Sgd) J. R. FLANAGAN, [L.S.] Commissioner. [L.S.) Commissioner. Schedule. Schedule. Clause 6—Wages: Delete subclause (b) and (c) Clause 9—Wages: Delete paragraph (c) of sub- and insert in lieu thereof the following:— clause (2) and insert in lieu thereof the follow- (b) Adult Males (margin over basic wage ing:— per week): $ $ (i) Breadcarters 6.35 (c) Builders' Labourers: (ii) Breadcarters in charge of motor (i) Rigger 9.40 vehicles 9.70 (ii) Drainer 9.40 (iii) Yardmen 3.05 (iii) Dogman 9.40 (iv) Loaders 6.70 (iv) Scaffolder 7.70 (c) Adult Females: (v) Powder monkey 7.70 Loaders 2.70 (vi) Hoist or winch driver 7.70 (vii) A worker engaged in the rough BRICKYARD EMPLOYEES. finish of granolithic surfaces on (Ilouscbrick.) which a wooden or tiled or Award No. 15 of 1966. other like flooring is to be super- BEFORE THE WESTERN AUSTRALIAN imposed or a worker in control INDUSTRIAL COMMISSION. of a trowelling machine .... 7.70 (viii) Bricklayer's labourer 5.90 No. 253 of 1967. Plasterer's labourer 5.90 Between Midland Brick Co. Pty Ltd, Applicant, Assistant rigger 5.90 and the Federated Brick, Tile and Pottery Assistant powder monkey .... 5.90 Industrial Union of Australia (Union of Demolition work (after three Workers) Western Australian Branch, Re- months' experience) 5.90 spondent. Gear hand 5.90 HAVING heard Mr D. Hosking on behalf of the Pile driver 5.90 applicant and Mr L. R. Connor on behalf of the Tackle hand 5.90 respondent, and by consent, I, the undersigned, Jack hammer hand 5.90 Commissioner of The Western Australian Industrial Steel or bar bending to pattern Commission, in pursuance of an allocation to me or plan 5.90 by the Chief Industrial Commissioner and in pur- Mixer driver (concrete) 5.90 suance of the powers contained in section 92 of Steel erector 5.90 the Industrial Arbitration Act, 1912-1966, and all Aluminium alloy structural other powers therein enabling me, do hereby order erection 5.90 and declare— Gantry hand or crane hand .... 5.90 That the Brickyard (Housebrick) Award, No. Crane chaser 5.90 15 of 1966, be and the same is hereby amended (ix) Builders' labourers employed on in the manner following— work other than specified in Clause 10.—Shift Work: Delete subclause classifications (i) to (viii)— (3) of this clause. (a) During the first three Dated at Perth this 7th day of March, 1967. months of experience in the CL.S.] (Sgd) D. CORT, the industry :.. 2.25 Commisisoner. (b) Thereafter 4.10 198 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

BUILDING TRADES. trial Arbitration Act, 1912-1966, and all other pow- (Government.) ers therein enabling me, do hereby order and de- Award No. 25 of 1958. clare— ' That the Building Trades (State Electricity BEFORE THE WESTERN AUSTRALIAN Commission) Award, No. 1 of 1959, as amended, INDUSTRIAL COMMISSION. be and the same is hereby further amended in accordance with the following schedule and No. 206 of 1967. that such amendment shall take effect as from Between Building Trades Association of Unions of the beginning of the first pay period commenc- Western Australia (Association of Workers), ing on or after the date hereof. and others, Applicants, and the Minister for Dated at Perth this 17th day of February, 1967. Works, and others. Respondents. HAVING heard Mr R. Davies on behalf of the [L.S.l (Sgd) D. CORT, applicants and Mr- L. Pilgrim on behalf of the Commissioner. respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Indus- trial Commission, in pursuance of an allocation to Schedule. me by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 of Clause 27—Wages: Delete subclause (2) (a) and the Industrial Arbitration Act, 1912-1966, and all (b) and inserted in lieu thereof the following:— other powers therein enabling me, do hereby order (2) Margins: $ and declare— (a) Bricklayers, Carpenters, Painters, Plasterers and Plumbers as de- That the Building Trades (Government) fined in clause 5 hereof 16.50 Award, No. 25 of 1958, as amended, be and the same is hereby further amended in ac- (b) Builders labourers margins as de- cordance with the following schedule and that fined in clause 5 hereof- such amendment shall take effect as from the Class 1 10.70 beginning of the first pay period commencing Class 2 9.10 on or after the date hereof. Class 3 6.80 Dated at Perth this 10th day of March, 1967. Class 4—• IL.S. J (Sgd) D. CORT, (i) During first three months' Commissioner. of experience in the in- dustry 2.70 (ii) Thereafter 4.50 Schedule. Clause 9—Wages: Delete subclause (2) (b) of this clause and insert in lieu thereof the follow- ing:— (2) (b) Builders' Labourers: $ Class 1 9.40 CASE AND BOXMAKING. Class 2 7.70 Award No. 48 of 1951. Class 3 5.90 BEFORE THE WESTERN AUSTRALIAN Class 4— INDUSTRIAL COMMISSION. (a) During the first three months' experience in the No. 117 of 1967. industry 2.25 Between United Metropohtan Timber Yard, Saw- (b) Thereafter 4.10 mills and Woodworkers Employees' Union of Workers, Applicant, and Consolidated Pine In- dustries, and others, Respondents. HAVING heard Mr G. D. Brown on behalf of the applicant and Mr H. J. De Burgh on behalf of the BUILDING TRADES. respondents, and by consent, I, the undersigned, (S.E.C.) Commissioner of The Western Australian Indus- trial Commission, in pursuance of an allocation Award No. 1 of 1959. to me by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 BEFORE THE WESTERN AUSTRALIAN of the Industrial Arbitration Act, 1912-1966, and INDUSTRIAL COMMISSION. all other powers therein enabling me, do hereby No. 211 of 1967. order and declare— Between Building Trades Association of Unions of That the Case and Box Makers Award, Western Australia (Association of Workers), No. 48 of 1951, as amended, be and the same Applicant, and The State Electricity Commis- is hereby further amended in accordance with sion of Western Australia, Respondent. the following schedule and that such amend- HAVING heard Mr H. R. Fletcher on behalf of the ment shall take effect as from the beginning applicant and Mr R. West on behalf of the re- of the first pay period commencing on or after spondent, and by consent, I, the undersigned, Com- the date hereof. missioner of The Western Australian Industrial Commission, in pursuance of an allocation to me by Dated at Perth this 24th day of February, 1967. the Chief Industrial Commissioner and in pursuance (Sgd) J. R. FLANAGAN, of the powers contained in section 92 of the Indus- Commissioner. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 199

Delete First Schedule Wages and insert in Schedule. thereof the following:— Clause 9.—Wages: Delete subclauses (a) and (b) First Schedule. of this clause and insert in lieu thereof the fol- Wages. lowing :—• $ Margin per week: (a) Basic Wage (per week) 33.50 (1) Sawyer planking out and flitching to (b) Adult Margins (per week) size Leading Pipe Moulder 6.90 Pipe Moulder 6.15 (2) Other breaking-down bench sawyers Mixer 5.80 (3) Case bench sawyers, including docker Stripper and assembler 5.00 (4) Wood and case machinists Concrete moulder and Article Re- pairer 5.80 (5) Case and box makers or repairers .... Wire Drawer 5.80 (6) Tailers-out on breaking down benches Reinforcement Maker 4.80 on dead roller Reinforcement Assembler 4.80 (7) Saw doctor 1 Storeman 4.25 (8) Saw sharpener Faucet Finisher 6.15 General Hands 3.70 (9) Band re-sawyer (10) Stacker who stacks timber for season- ing by process of stripping with the aid of mobile crane CEMETERY EMPLOYEES. (11) Nightwatchman Award No. 28 of 1953. BEFORE THE WESTERN AUSTRALIAN (12) Mill or yard hand (as defined) INDUSTRIAL COMMISSION. (13) Other unclassified male adults No. 152 of 1967. (14) Junior Workers (per cent, of male Between Western Australian Municipal, Road basic wage per week): Boards, Parks and Racecourse Employees' Union of Workers, Perth, Applicant, and Under 16 years of age The Karrakatta Cemetery Board and The Fre- 16 to 17 years of age mantle Cemetery Trust, Respondents. 17 to 18 years of age HAVING heard Mr P. Norris on behalf of the 18 to 19 years of age applicant and Mr. L. Girdlestone on behalf of the Over 19 years of age the minimum respondents, and by consent, I, the undersigned, adult rate. Commissioner of The Western Australian Indus- (15) Apprentices (per cent, of male basic trial Commission, in pursuance of an allocation to wage per week): me by the Chief Industrial Commissioner and in First year pursuance of the powers contained in section 92 Second year of the Industrial Arbitration Act, 1912-1966, and Third year all other powers therein enabling me, do hereby Fourth year- order and declare— Fifth year That the Cemetery Employees' Award, No. 28 of 1953, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from CEMENT PIPE MAKING. the beginning of the first pay period com- Award No. 6 of 1952. mencing on or after the date hereof. BEFORE THE WESTERN AUSTRALIAN Dated at Perth this 17th day of February, 1967. INDUSTRIAL COMMISSION. [L.S.l (Sgd) D. CORT, No. 33 of 1967. Commissioner. Between Australian Workers' Union, Westralian Branch, Industrial Union of Workers, Appli- Schedule. cant, and Humes Limited, Respondent. Clause 11—Wages: Delete this clause and in- HAVING heard Mr J. Isherwood on behalf of the sert in lieu thereof the following:— applicant and Mr L. Girdlestone on behalf of the 11.—Wages. respondent, and by consent, I, the undersigned, Commissioner of The Western Australian Indus- The following shall be the minimum rate of trial Commission, in pursuance of an allocation wages payable to workers covered by this award:— to me by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 (1) Basic Wage: (adult males per week) .. of the Industrial Arbitration Act, 1912-1966, and (2) Adult Males (margin per week): all other powers therein enabling me, do hereby (a) Crematorium operator-in-charge .. order and declare— (b) Crematorium assistants (c) Grave diggers That the Hume Pipe Industry Award, No. 6 (d) Gardeners of 1952, as amended, be and the same is hereby (e) Maintenance men further amended in accordance with the fol- (f) Motor vehicle drivers— lowing schedule and that such amendment (i) Not exceeding twenty-five shall take effect as from the beginning of the cwt. capacity first pay period commencing on or after the (ii) Exceeding twenty-five cwt. date hereof. and not exceeding three tons Dated at Perth this 17th day of February, 1967. capacity [L.S.l (Sgd) D. CORT, (iii) Exceeding three tons and Commissioner. under six tons capacity 200 GAZETTE [19 April, 1967.

(g) Machine Drivers— $ Commissioner of The Western Australian Industrial (i) Tractors without power oper- Commission, in pursuance of an allocation to me ated attachments or with by the Chief Industrial Commissioner and in pur- power operated attachments suance of the powers contained in section 92 of the not in use: Industrial Arbitration Act, 1912-1966. and all other (a) 50 brake horsepower and powers therein enabling me, do hereby order and under 8.40 declare— (b) Over 50 brake horse- That the Clerks' (on Course Totalisator) power 9.30 Award. No. 18 of 1964, as amended, be and (ii) Tractors while using power the same is hereby further amended in ac- operated attachments— cordance with the following schedule and that (a) 35 brake horsepower and such amendment shall take effect as from the under 9.30 beginning of the first pay period commencing (b) Over 35 brake horse- on or after the date hereof. power and not exceeding Dated at Perth this 10th day of March, 1967. 70 brake horsepower .... 11.10 (c) Over 70 brake horsepower CL.S.] (Sgd) D. CORT, and not exceeding 130 Commissioner. brake horsepower .... 12.30 (d) Over 130 brake horse- power 13.70 Provided that the aforemen- Schedule. tioned brake horsepower rating shall relate only to the prime Clause 9.—Rates of Pay: Delete this clause and motive engine of the equipment. insert in lieu thereof the following:— (h) drivers of portable petrol driven cross-cut or circular saw .... 6.70 Clause 9.—Rates of Pay. (3) Junior Workers: (per cent, of male The minimum rates of wages payable to workers basic wage per week): % classified hereunder shall be as follows:— Between 14 and 15 years 20 (1) Basic Wage: $ Between 15 and 16 years 33 Males— Between 16 and 17 years 45 Between 17 and 18 years 58 Per hour 0.83.75 Between 18 and 19 years 70 Per week 33.50 Between 19 and 20 years 83 Females— Between 20 and 21 years 95 Per hour 0.62.83 (4) Extra Rates and Conditions— Per week 25.13 (a) Leading hands placed in charge of not (2) Classification: less than three or more than ten other workers shall be paid three dollars and Males (margin over male basic fifty cents per week extra. wage per hour)— (b) Leading hands placed in charge of more Supervisor quinella 1.30.75 than ten other workers shall be paid Supervisor jackpot .... 1.30.75 four dollars and sixty-five cents per Dividend calculator (win week extra. and place) 1.30.75 (c) (i) Maintenance men using rotary hoe Dividend calculator shall be paid at the rate of 34.17 (quinella) 1.30.75 cents per day extra whilst so en- gaged. Supervisor outstation .... 1.20.25 (ii) Maintenance men using scythes Supervisor staff 1.20.25 shall be paid at the rate of twenty Payer, late dividend .... 1.15 cents per day extra whilst so en- Returns clerk 1.04.5 gaged. Payer, other 0.99.5 Banker, other 0.99.5 Wages clerk 0.99.5 Seller 0.94.25 CLERKS. Change window attendant 0.89.25 (On-Coursc Totalisators.) Checker and runners .. . 0.89.25 Award No. 18 of 1964. A chief banker shall be BEFORE THE WESTERN AUSTRAI..IAN paid the same rate for any INDUSTRIAL COMMISSION. meeting as would be norm- ally payable to supervisor No. 155 of 1967. outstation for the same Between Federated Clerks' Union of Australia In- meeting. dustrial Union of Workers, W.A. Branch, Ap- Females (margin over female plicant, and Automatic Totalisators Ltd and basic wage per hour)— Watson's Totalisators (W.A.) Pty Ltd, Respon- dents. Seller 0.66.42 Jackpot sorter 0.56.17 HAVING heard Mr J. D. Smith on behalf of the applicant and Mr. H. J. de Burgh on behalf of the Jackpot franker 0.56.17 respondents, and by consent, I, the undersigned, Checkers and runners .... 0.56.17 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 201

OJLijEIvlC S. since a previous formula adjustment. That, of (Credit and Finance Establishments.) course, is correct up to a certain point; but it is also evident that in the Federal sphere there are Award No. 16 of 19S2. quite a number of awards in which the wage rates CLERKS. have moved between formula adjustments without (Wholesale and Retail Establishments.) restricting subsequent applications of a formula. They are certainly in the minority; but that is Award No 38 of 1947. probably because the minority of awards have been CLERKS. varied between formula adjustments. (Timber.) The application of a formula at any particular Award No. 61 of 1947. time does not prevent any party from successfully processing a claim at a later stage for wage adjust- CLERKS. ments based on comparative wage justice or any (Forwarding Agents.) other reason. A wage adjustment made under such Award No. 47 of 1948. circumstances should not automatically preclude applications of a formula determined at some sub- CLERKS. sequent date. There has not been any decision by (Trade Protection Association.) an industrial tribunal of this State indicating why formula adjustments to this award should not Award No. 26 of 1949. have been applied, or should have been modified, CLERKS. and I find some difficulty in merely accepting what the parties agreed to do in the past as necessarily (Real Estate Agents.) being a correct approach to the question of a Award No. 18 of 1952. formula adjustment. The last formula adjustment was applied—that is, the li per cent.—but there CLERKS. had not been any adjustment in margins to this (Film Companies.) award as between the 10 per cent, movement in Award No. 13 of 1949. 1963 and the per cent, movement in 1965. The parties to these awards had agreed to wage BEFORE THE WESTERN AUSTRALIAN increases in September of last year; but it seems to INDUSTRIAL COMMISSION. me to be self-evident that in arriving at a settle- Nos. 154 and 156 to 161 (inclusive) of 1967. ment on the claim submitted by the union, that the wage then determined would have regard to Between the Federated Clerks' Union of Australia general wage standards existing at that particular Industrial Union of Workers, W.A. Branch, time. Since that date, what might be regarded as Applicant, and Traders Mutual Cash Order Co. a "new wage level throughout the community" has Ltd, and others; Boans Ltd and others. Re- been determined by the Federal Commission and spondents. also applied by this Industrial Commission; and it Before the Chief Industrial Commissioner, S. F. would have been impossible In September, 1966 for Schnaars, Esq. the parties who negotiated the consent variations to have paid regard to wage movements which were The 8th day of March, 1967. later determined by the Commonwealth Commis- Mr J. D. Smith appeared on behalf of the appli- sion. cant. It is well known that formula adjustments of Mr G. J. Martin appeared on behalf of the re- the Federal Commission based on the economic spondents. state of Australia as a whole are given applica- tion far beyond the range of Commonwealth juris- Judgment. diction, and merely because the parties in an inter- THE COMMISSIONER; These are applications by vening period agree to increase wages it does not the Federated Clerks' Union of Australia, Industrial necessarily constitute a bar to the application of Union of Workers, to amend various awards which such formula. The matter would have to be con- have been referred to in the early part of these sidered in a different light if the application of proceedings. this formula would so distort the wages of the persons in similar industries elsewhere in Aus- The applications are for the purpose of giving tralia as to make them unreasonable. It is not effect to a formula adjustment recently determined suggested that that would happen, and I have no by the Commonwealth Commission and approved reason to believe that a wage adjustment based by this State Industrial Commission. on the formula would in any way create an un- favourable situation for the employers in this State The application of the formula is opposed by the compared with their counterparts elsewhere in respondents to all of the awards. Mr Martin, on Australia so far as the cost structure of industry behalf of the respondents, has detailed in a very is concerned. substantial manner the various objections. In so doing, he traced the movement of marginal adjust- Under these circumstances I would grant the ments to these awards and indicated that the application to amend award No. 156 of 1967. Both parties have not applied all formula adjustments in parties have agreed that a decision in respect of the past, but have taken into consideration wage that award, should determine the other applications. movements in between formula adjustments and That being the case, I would formally issue the then determined the manner in which any formula minutes of the amendment to all the awards re- adjustment should, if necessary, be applied. ferred to in the application, and ask the parties if they desire an adjournment for the purpose of He further indicated that, generally speaking, it speaking to the minutes. The minutes will be in can be said that under Federal jurisdiction formula the form of the schedule attached to each applica- adjustments are not given full application to those tion. awards in which there have been wage movements Orders accordingly. (3)—3401S WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

CLERKS. (e) Adult Females (margin over female basic wage per week): $ (Credit and Finance Establishments.) 21 years of age 6.50 Award No. 16 of 1952. 22 years of age 7.00 BEFORE THE WESTERN AUSTRALIAN 23 years of age and over 7.50 INDUSTRIAL COMMISSION. Adult stenographers, comptometer or calcu- lating or ledger machine operators shall No. 154 of 1967. receive 75 cents per week in addition to the Between Federated Clerks' Union of Australia In- above rates. dustrial Union of Workers, W.A. Branch, (f) Senior Clerks (classified as such by agreement Applicant, and Traders Mutual Cash Order Co or in default of agreement by the Board of Ltd, Respondent. Reference) $14.65 margin per week. HAVING heard Mr J. D. Smith on behalf of the applicant and Mr G. J. Martin on behalf of the respondent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained CLERKS. in Section 92 of the Industrial Arbitration Act, (Wholesale and Retail Establishments.) 1912-1966, and all other powers therein enabling Award No. 38 of 1947. me, do hereby order and declare— That the Clerks' (Credit and Finance Estab- BEFORE THE WESTERN AUSTRALIAN lishments) Award, No. 16 of 1952, as amended INDUSTRIAL COMMISSION. and consolidated be and the same is hereby No. 156 of 1967. further amended in accordance with the fol- lowing schedule and that such amendment Between: Federated Clerks' Union of Australia shall take effect as from the beginning of the Industrial Union of Workers, W.A. Branch, first pay period commencing on or after the Applicant, and Boans Limited, and others, date hereof. Respondents. Dated at Perth this 8th day of March, 1967. HAVING heard Mr J. D. Smith on behalf of the applicant and Mr G. J. Martin on behalf of the (Sgd) S. F. SCHNAARS, respondents, I, the undersigned, Chief Industrial [L.S.'l Commissioner Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, Schedule. 1912-1966, and all other powers therein enabling Clause 10—Rates of Pay: Delete subclause (a), me, do hereby order and declare- (b), (c), (d), (e) and (f) of this clause and insert That the Clerks (Wholesale and Retail) in lieu thereof the following:— Award, No. 38 of 1947, as amended, be and the (a) Basic Wage (per week): $ same is hereby further amended in accordance Adult males 33.50 with the following schedule and that such Adult females 25.13 amendment shall take effect as from the be- (b) Junior Males (per cent, of male basic ginning of the first pay period commencing on wage per week): % or after the date hereof. Under 16 years of age 47.5 Dated at Perth this 8th day of March, 1967. 16 to 17 years of age 55.0 17 to 18 years of age 65.0 [L.S.] (Sgd) S. F. SCHNAARS, 18 to 19 years of age 77.5 Commissioner. 19 to 20 years of age 90.0 20 to 21 years of age 99.5 plus 99 cents. Schedule. (c) Adult Males (margin over made basic 1. Clause 8 Rates of Pay. Delete subclauses (1), wage per week): (2), (3), (4), (5), and (6) of this clause and insert 21 years of age in lieu thereof the following:— 22 years of age (1) Basic Wage (per week): $ 23 years of age 24 years of age Adult males 33.50 25 years of age and over Adult females 25.13 (d) Junior Females (per cent, of female (2) Junior Males (per cent, of male basic basic wage per week): % wage per week): - % 15 to 16 years of age 50.0 Under 16 years of age 47.5 16 to 17 years of age 60.0 16 to 17 years of age 55.0 17 to 18 years of age 70.0 17 to 18 years of age 65.0 18 to 19 years of age 82.5 18 to 19 years of age 77.5 19 to 20 years of age 95.0 19 to 20 years of age 90.0 20 to 21 years of age 99.5 20 to 21 years of age 99.5 plus 75 cents. plus 99 cents. Junior Female stenographers, comptometer (3) Adult Males (margin over male basic or calculating or ledger machine operators wage per week): shall receive in addition to the above 21 years of age rates— 22 years of age At 18 years of age—30 cents per week. 23 years of age At 19 years of age—40 cents per week. 24 years of age At 20 years of age—50 cents per week. 25 years of age and over 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 203

(4) Junior Females (per cent, of female (b) Junior Males (per cent, of male basic basic wage per week): % wage per week): % 15 to 16 years of age 50.0 Under 16 years of age 47.5 16 to 17 years of age 60.0 16 to 17 years of age 55.0 17 to 18 years of age 70.0 17 to 18 years of age 65.0 18 to 19 years of age 82.5 18 to 19 years of age 77.5 19 to 20 years of age 95.0 19 to 20 years of age 90.0 20 to 21 years of age 99.5 20 to 21 years of age 99.5 plus 75 cents. plus 99 cents. Junior female stenographers, compto- (c) Adult Males (margin over male basic meter or calculating or ledger wage per week): $ machine operators shall receive in 21 years of age 5.35 addition to the above rates — 22 years of age ' 7.55 At 18 years of age—30 cents per 23 years of age 9.75 week. 24 years of age 10.90 At 19 years of age—40 cents per 25 years of age and over .... 11.90 week. (d) Junior Females (per cent, of female At 20 years of age—50 cents per basic wage per week): % week. 15 to 16 years of age 50.0 (5) Adult Females (margin over female 16 to 17 years of age 60.0 basic wage per week): $ 17 to 18 years of age 70.0 21 years of age 6.50 18 to 19 years of age 82.5 22 years of age 7.00 19 to 20 years of age 95.0 23 years of age and over 7.50 20 to 21 years of age 99.5 Adult stenographers, comptometer or plus 75 cents. calculating or ledger machine Junior Female stenographers, comptometer operators shall receive 75 cents per or calculating or ledger machine operators week in addition to the above rates. shall receive in addition to the above (6) Senior Clerks (classified as such by agree- rates— ment or in default of agreement by the At 18 years of age—30 cents per week. Board of Reference) $14.65 margin per week. At 19 years of age—40 cents per week. At 20 years of age—50 cents per week. (e) Adult Females (margin over female basic wage per week): $ CLERKS. 21 years of age 6.50 (Timber.) 22 years of age 7.00 23 years of age and over 7.50 Award No. 61 of 1947. Adult stenographers, comptometer or cal- No. 157 of 1967. culating or ledger machine operators shall BEFORE THE WESTERN AUSTRALIAN receive 75 cents per week in addition to the INDUSTRIAL COMMISSION. above rates. Between Federated Clerks' Union of Australia (f) Senior Clerks (classified as such by agree- Industrial Union of Workers, W.A. Branch, ment or in default of agreement by the Applicant, and Millars Timber & Trading Co. Board of Reference) $14.65. margin per week. Ltd, Respondent. HAVING heard Mr* J. D. Smith on behalf of the applicant and Mi- G. J. Martin on behalf of the respondent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Indus- trial Commission, in pursuance of the powers con- CLERKS. tained in section 92 of the Industrial Arbitration (Forwarding Agents.) Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— Award No. 47 of 1948. That the Clerks' Timber Award, No. 61 of BEFORE THE WESTERN AUSTRALIAN 1947, as amended and consolidated, be and the INDUSTRIAL COMMISSION. same is hereby further amended in accordance with the following schedule and that such No. 158 of 1967. amendment shall take effect as from the be- Between Federated Clerks' Union of Australia ginning of the first pay period commencing on Industrial Union of Workers, W.A. Branch, or after the date hereof. Applicant, and James Kiernan Ltd, and others, Dated at Perth this 8th day of March, 1967. Respondents. [L.S.l (Sgd) S. F. SCHNAARS, HAVING heard Mr J. D. Smith on behalf of the Commissioner. applicant and Mr G. J. Martin on behalf of the respondents, I, the undersigned, Chief Industrial Commissioner of The Western Australian Indus- Schedule. trial Commission, in pursuance of the powers con- Clause 10—Rates of Pay: Delete subelause (a), tained in section 92 of the Industrial Arbitration (b), (c), (d), (e) and (f) of this clause and in- Act, 1912-1966, and all other powers therein en- sert in lieu thereof the following:— abling me, do hereby order and declare:— (a) Basic Wage (per week): $ That the Clerks' (Customs and/or Shipping Adult males 33.50 and/or Forwarding Agents) Award, No. 47 of Adult females 25.13 1948, as amended and consolidated, be and 204 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

the same is hereby further amended in accord- CLERKS. ance with the following schedule and that such (Trade Protection Association.) amendment shall take effect as from the beginning of the first pay period commencing Award No. 26 of 1949. on or after the date hereof. BEFORE THE WESTERN AUSTRALIAN Dated at Perth this 8th day of March, 1967. INDUSTRIAL COMMISSION. (Sgd) S. P. SCHNAARS, No. 159 of 1967. [L.S.] Commissioner. Between Federated Clerks' Union of Australia Industrial Union of Workers, W.A. Branch, Applicant, and the Trade Protection Associa- tion of W.A., Respondent. Schedule. HAVING heard Mr J. D. Smith on behalf of the applicant and Mr G. J. Martin on behalf of the Clause 10—Rates of Pay: Delete subclauses (a), respondent, I, the undersigned, Chief Industrial (b), (c), (d), (e) and (f) of this clause and Commissioner of The Western Australian Indus- insert in lieu thereof the following:— trial Commission, in pursuance of the powers con- $ tained in section 92 of the Industrial Arbitration (a) Basic Wage (per week): Act, 1912-1966, and all other powers therein Adult males 33.50 enabling me, do hereby order and declare:— Adult females 25.13 That the Clerks' (Trade Protection Associa- tion) Award, No. 26 of 1949, as amended and (b) Junior Males (per cent of male consolidated, be and the same is hereby fur- basic wage per week): % ther amended in accordance with the follow- Under 16 years of age 47.5 ing schedule and that such amendment shall 16 to 17 years of age 55.0 take effect as from the beginning of the first 17 to 18 years of age 65.0 pay period commencing on or after the date 18 to 19 years of age 77.5 hereof. 19 to 20 years of age 90.0 Dated at Perth this 8th day of March, 1967. 20 to 21 years of age 99.5 (Sgd) S. F. SCHNAARS, plus $0.99 [L.S.] Commissioner. (c) Adult Males (margin over male basic wage per week): $ Schedule. 21 years of age 5.35 Clause 10—Rates of Pay: Delete subclauses (a), 22 years of age 7.55 (b), (c). (d), e) and (f) of this clause and insert 23 years of age 9.75 in lieu thereof the following:— 24 years of age 10.90 (a) Basic Wage (per week): $ 25 years of age and over .... 11.90 Adult males 33.50 Adult females 25.13 (d) Junior Females (per cent, of female (b) Junior Males (per cent, of male basic basic wage per week): % wage per week): % 15 to 16 years of age 50.0 Under 16 years of age 47.5 16 to 17 years of age 60.0 16 to 17 years of age 55.0 17 to 18 years of age 70.0 17 to 18 years of age 65.0 18 to 19 years of age 82.5 18 to 19 years of age 77.5 19 to 20 years of age 90.0 19 to 20 years of age 95.0 20 to 21 years of age 99.5 20 to 21 years of age 99.5 plus 99 cents plus $0.75 (c) Adult Males (margin over male basic Junior Female stenographers, comptometer wage per week): $ or calculating or ledger machine operators 21 years of age 5.35 shall receive in addition to the above 22 years of age 7.55 rates— 23 years of age 9.75 At 18 years of age—30 cents per week. 24 years of age 10.90 At 19 years of age—40 cents per week. 25 years of age and over 11.90 At 20 years of age—50 cents per week. (d) Junior Females (per cent, of female basic wage per week): % (e) Adult Females (margin over female 15 to 16 years of age 50.0 basic wage per week): $ 16 to 17 years of age 60.0 21 years of age 6.50 17 to 18 years of age 70.0 22 years of age 7.00 18 to 19 years of age 82.5 23 years of age and over .... 7.50 19 to 20 years of age 95.0 20 to 21 years of age 99.5 Adult stenographers, comptometer or cal- plus 75 cents culating or ledger machine operators shall receive 75 cents per week in addition to Junior Female stenographers, comptometer the above rates. or calculating or ledger machine operators shall receive in addition to the above (f) Senior Clerks (classified as such by agree- rates— ment or in default of agreement by the At 18 years of age—30 cents per week. Board of Reference) $14.65 margin per At 19 years of age—40 cents per week. week. At 20 years of age—50 cents per week. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(e) Adult Females (margin over female (d) Junior Females (per cent, of female basic wage per week): $ basic wage per week): % 21 years of age 6.50 15 to 16 years of age 50.0 22 years of age 7.00 16 to 17 years of age 60.0 23 years of age and over 7.50 17 to 18 years of age 70.0 Adult stenographers, comptometer or calcu- 18 to 19 years of age 82.5 lating or ledger machine operators shall 19 to 20 years of age 95.0 receive 75 cents per week in addition to 20 to 21 years of age 99.5 the above rates. plus 75 cents. (f) Senior Clerks (classified as such by agree- Junior Female stenographers, comptometer ment or in default of agreement by the or calculating or ledger machine operators shall receive in addition to the above Board of Reference) $14.65 margin per week. rates— At 18 years of age—30 cents per week. At 19 years of age—40 cents per week. At 20 year's of age—50 cents per week. CLERKS. (e) Adult Females (margin over female (Real Estate Agents.) basic wage per week): $ Award No. 18 of 1952. 21 years of age 6.50 BEFORE THE WESTERN AUSTRALIAN 22 years of age 7.00 INDUSTRIAL COMMISSION. 23 years of age and over 7.50 No. 160 of 1967. Adult stenographers, comptometer or calcu- lating or ledger machine operators shall Between Federated Clerks' Union of Australia In- receive 75 cents per week in addition to dustrial Union of Workers, W.A. Branch, Ap- the above rates. plicant, and Bevilaqua and Williams Pty Ltd Respondent. (f) Senior Clerks (classified as such by agree- ment or in default of agreement by the HAVING heard Mr J. D. Smith on behalf of the Board of Reference) $14.65 margin per week. applicant and Mr G. J. Martin on behalf of the respondent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Indus- trial Commission, in pursuance of the powers con- CLERKS. tained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabl- (Film Companies.) ing me, do hereby order and declare:— Award No. 13 of 1949. That the Clerks (Real Estate Agents) BEFORE THE WESTERN AUSTRALIAN Award, No. 18 of 1952, as amended and con- INDUSTRIAL COMMISSION. solidated, be and the same is hereby further No. 161 of 1967. amended in accordance with the following- schedule and that such amendment shall take Between Federated Clerks' Union of Australia effect as from the beginning of the first pay Industrial Union of Workers, W.A. Branch, period commencing on or after the date hereof. Applicant, and Metro Goldwyn Mayer Pty Ltd, Respondent. Dated at Perth this 8th day of March, 1967. HAVING heard Mr J. D. Smith on behalf of the (Sgd) S. F. SCHNAARS, applicant and Mr G. J. Martin on behalf of the Commissioner. respondent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained Schedule. in section 92 of the Industrial Arbitration Act, Clause 10 Rates of Pay. Delete subclauses (a), 1912-1966, and all other powers therein enabling (b), (c), (d), (e) and (f) of this clause and insert me, do hereby order and declare:— in lieu thereof the following:— That the Clerks (Film Companies) Award, (a) Basic wage (per week): $ No. 13 of 1949, as amended and consolidated, Adult males 33.50 be and the same is hereby further amended in Adult females 25.13 accordance with the following schedule and that such amendment shall take effect as from (b) Junior Males (per cent, of male basic the beginning of the first pay period com- wage per week): % mencing on or after the date hereof. Under 16 years of age 47.5 16 to 17 years of age 55.0 Dated at Perth this 8th day of March, 1967. 17 to 18 years of age 65.0 [L.S.] (Sgd) S. F. SCHNAARS, 18 to 19 years of age 77.5 Commissioner. 19 to 20 years of age 90.0 20 to 21 years of age 99.5 plus 99 cents, (c) Adult Males (margin over male basic Schedule. wage per week): $ Clause 9 Rates of Pay. Delete subclauses (a), 21 years of age 5.35 (b), (c), (d), (e) and (f) of this clause and insert 22 years of age 7.55 in lieu thereof the following:— 23 years of age 9.75 (a) Basic Wage (per week): $ 24 years of age 10.90 Adult males 33.50 25 years of age and over 11.90 Adult females 25.13 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

(b) Junior Males (per cent, of male basic shall take effect as from the beginning of the basic wage per week): % first pay period commencing on or after the Under 16 years of age 47.5 date hereof. 16 to 17 years of age 55.0 17 to 18 years of age 65.0 Dated at Perth this 10th day of March, 1967. 18 to 19 years of age 77.5 IL.S.l (Sgd) D. CORT, 19 to 20 years of age 90.0 Commissioner. 20 to 21 years of age 99.5 plus 99 cents. (c) Adult Males (margin over male basic basic wage per week): $ Schedule. 21 years of age 5.35 1. Clause 6—Rates of Pay: Delete this clause 22 years of age 7.55 and insert in lieu thereof the following:— 23 years of age 9.75 24 years of age 10.90 Clause 6.—Rates of Pay. 25 years of age and over 11.90 The minimum rates of wages payable to workers (d) Junior Females (per cent, of female classified in this Award shall be as follows:— basic wage per week): % (a) Basic Wage (per week): $ 15 to 16 years of age 50.0 16 to 17 years of age 60.0 Males 33.50 17 to 18 years of age 70.0 Females 25.13 18 to 19 years of age 82.5 (b) Adults—Male (margin over male basic 19 to 20 years of age 95.0 wage per week): 20 to 21 years of age 99.5 (i) Rates of pay— plus 75 cents. Min. Max. Junior female stenographers, comptometer $ $ or calculating or ledger machine operators Grade C 13.08 15.38 shall receive in addition to the above rates—■ Grade B 15.92 18.83 At 18 years of age—30 cents per week. Grade A 18.83 21.65 At 19 years of age—40 cents per week. Grade A1 21.75 26.32 At 20 years of age—50 cents per week. Grade Al-r ...... 26.32 30.27 (e) Adult Females (margin over female Grade A2 26.32 32.00 basic wage per week): $ 21 years of age 6.50 (ii) Classification Scale— 22 years of age 7.00 Grade "C" embraces— 23 years of age and over 7.50 Checkers and Lower Standard Adult stenographers, comptometer or calcu- Clerks not sufficiently advanced lating or ledger machine operators shall for higher classification. receive 75 cents per week in addition to the above rates. It may also include personnel join- (f) Senior Clerks (classified as such by agree- ing the clerical service of the ment or in default of agreement by the employer, but whose higher classi- Board of Reference) $14.65 margin per fication can only be determined week. by subsequent development. Positions classified within Grade "C"—Checkers, Stores Clerks, Cash Register Clerks, and Gen- eral Clerks. CLERKS. Grade "B" embraces— (Breweries.) General Clerks performing work of Award No. 29 of 1963. a general nature and may include BEFORE THE WESTERN AUSTRALIAN personnel graduating to this level INDUSTRIAL COMMISSION. from Grade "C" or to higher levels subject to personal quali- No. 163 of 1967. fications. Beween Federated Clerks' Union of Australia Positions classified within Grade Industrial Union of Workers, W.A., Branch, "B"—Bulk Packaging Clerk, Gen- Applicant, and Swan Brewery Company eral Clerk Swan Division,- Engi- Limited, and others, Respondents. neer's Clerk, Bottling Manager's HAVING heard Mr J. D. Smith on behalf of the Clerk, General Clerk, Sales and applicant and Mr H. J. de Burgh on behalf of the Distribution, Bottleyard Clerk, respondents, and by consent, I, the undersigned, Brewer's Clerk, Stock Ledger Commissioner of The Western Australian Indus- Clerk, Properties' Department trial Commission, in pursuance of an allocation to Clerk. me by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 of Grade "A" embraces— the Industrial Arbitration Act, 1912-1966, and all Clerks Second-in-charge, and those other powers therein enabling me, do hereby order personnel who were at 26th April, and declare— 1955, in receipt of weekly wage That the Clerks (Breweries) Award, No. 29 rates falling within this particu- of 1963, as amended, be and the same is hereby lar grading being the date on further amended in accordance with the fol- which the present classification lowing schedule and that such amendment became effective. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

Positions classified within Grade (e) Junior Workers—Female (per cent, of "A"— adult female rate at 21 years in Grade Records Clerk Sales and Distri- in which employed): button. General Clerk, Sales Under 16 years of age . 42.5 and Distribution Clerk 2 I/C Between 16 and 17 years of age .. . 60 Swan Division, Dispatch Clerk Between 17 and 18 years of age .. . 68 2 I/C Emu Division Dispatch, Between 18 and 19 years of age .. . 76 Clerk 2 I/C Store, Creditors Between 19 and 20 years of age .. . 84 Ledger Clerk, Shipping Clerk. Between 20 and 21 years of age ... . 91 Grade "Al" embraces— Clerks-in-Charge and Clerks who possessing necessary experience are graduating to high classifi- cation pending ability being CLERKS. determined. (Grain Handling.) Positions classified within Grade Award No. 9 of 1964. "Al"— BEFORE THE WESTERN AUSTRALIAN Pay Clerk, Insurance Clerk, Ac- INDUSTRIAL COMMISSION. counts Clerk, Credit Clerk 2 I/C Sales and Distrbutton Clerk, Re- No. 164 of 1967. lieving Clerk. Between Federated Clerks' Union of Australia Industrial Union of Workers, W.A. Branch, Grade "A1+" embraces— Applicant, and Co-operative Bulk Handling Chief Clerks, a classification intro- Ltd, Respondent. duced on and from 19th June, HAVING heard Mr J. D. Smith on behalf of the 1957. applicant and Mr H. J. de Burgh on behalf of the Positions classified within Grade respondent, and by consent, I, the undersigned, "A1+" Clerk I/C Properties' De- Commissioner of The Western Australian Indus- partment, Senior Pay Clerk. trial Commission, in pursuance of an allocation to Grade "A2" embraces— me by the Chief Industrial Commissioner and in Assistant Accountants who are re- pursuance of the powers contained in section 92 quired to carry out accounting of the Industrial Arbitration Act, 1912-1966, and functions such as production of all other powers therein enabling me, do hereby Financial operating statements, order and declare— etc. That the Clerks (Grain Handling) Award, Positions classified within Grade No. 9 of 1964, as amended, be and the same is "A2" -— Assistant Accountant, hereby further amended in accordance with Clerk I/C Powers Room. the following schedule in the manner follow- (c) Adults Female (margin over female ing and that such amendment shall take effect basic wage per week): $ as from the beginning of the first pay period (i) Secretary-Shorthand Typist— commencing on or after the date hereof. Powers Supervisors— Dated at Perth this 10th day of March, 1967. At 21 years of age 13.90 [L.S.j (Sgd) D. CORT, At 22 years of age 15.00 Commissioner. At 23 years of age 16.10 At 24 years of age 19.10 (ii) Accountaing Machine operators Schedule. and Power Machine operators and stenographers— Clause 8—Salaries: Delete subclauses (1), (2) At 21 years of age 13.90 and (3) and insert in lieu thereof the following:— At 22 years of age 14.70 (1) Basic Wage (per week): $ At 23 years of age 15.90 At 24 years of age 17.00 Males ...... 33.50 (iii) Switchboard operators— Females 25.13 At 21 years of age 9.85 (2) Males: At 22 years of age 10.05 (a) Juniors (per cent, of male basic At 23 years of age 10.85 wage per week)— % At 24 years of age 13.30 15 years of age .... (iv) General typists— 16 years of age .... At 21 years of age 10.20 17 years of age .... At 22 years of age 10.70 18 years of age .... At 23 years of age 11.70 19 years of age .... At 24 years of age 14.50 20 years of age .... (d) Junior Workers—Male (per cent, of minimum adult male rate in Grade in (b) Adults (margin over male basic which employed): % wage per week)— Under 16 years of age 42.5 1st year of adult service Between 16 and 17 years of age 47 2nd year of adult service Between 17 and 18 years of age .... 52 3rd year of adult service Between 18 and 19 years of age .... 63 4th year of adult service Between 19 and 20 years of age .... 80 5th year of adult service Between 20 and 21 years of age .... 91 6th year of adult service 208 [19 April, 1967.

(c) Grades (margin over male basic CONCRETE CAST PRODUCTS wage per week)— MANUFACTURING. Grade C— Award No. 21 of 1960. (i) Minimum , 18.00 BEFORE THE WESTERN AUSTRALIAN (ii) Maximum 20.10 INDUSTRIAL COMMISSION. Grade B 25.05 Grade A 29.25 No. 222 of 1967. (d) A male adult clerical worker who is not Between Australian Workers' Union, Westralian less than twenty-six years of age and Branch, Industrial Union of Workers, Appli- has been in receipt of the maximum cant, and Concrete Industries (W.A.) Pty Ltd, margin prescribed by subclause (2) (b) Respondent. of this clause for not less than one year HAVING heard Mr J. Isherwood on behalf of the and has completed not less than three applicant and Mr H. J. de Burgh on behalf of the years' continuous service in a perma- respondent, and by consent, I, the undersigned, nent capacity, and is eligible for pro- Chief Industrial Commissioner of The Western motion in the event of a suitable Australian Industrial Commission, in pursuance of vacancy occurring but has not received the powers contained in section 92 of the Industrial pi'omotion shall be paid an allowance Arbitration Act, 1912-1966, and all other powers equivalent to the difference between the therein enabling me, do hereby order and declare— maximum margin provided by subclause That the Cast Concrete Products Manu- (2) (b) of this clause and the minimum facturing Award, No. 21 of 1960, as amended, margin for Grade "C" worker as pre- be and the same is hereby further amended in scribed in subclause (2) (c) of this accordance with the following schedule and clause. that such amendment shall take effect as from This allowance shall increase in the the beginning of the first pay period com- subsequent year to a maximum allowance mencing on or after the date hereof. equivalent to the difference between the Dated at Perth this 3rd day of March, 1967. maximum margin payable under sub- clause (2) xb) of this clause and the (Sg'd) S. F. SCHNAARS. maximum margin applicable to a Grade [L.S.] Commissioner. "C" worker. Provided that on the worker's promotion the allowance shall be converted to salary or shall cease should the worker refuse to accept pro- Schedule. motion. Delete subclauses (a) (b) and (c) of clause 22— Wages, and insert in lieu thereof the following:— (3) Females: $ (a) Juniors (per cent, of female (a) Male Basic Wage (per week) .... 33.50 basic wage per week)— % (b) Margins (per week—adult males):— 15 years of age 66 (1) Exposed Aggregate Finisher .... 6.90 16 years of age 72 (2) Man in charge of steel stressing .. 6.90 17 years of age 81.5 (3) Concrete Mixer Operator ■ .... 5.80 18 years of age 90 (4) Assemblers and makers of pre- 19 years of age 100 stressed, precast and exposed plus $0.20 aggregate components 5.80 20 years of age .. 100 (5) Reinforcement Maker and Con- plus $2.70 crete Buggy Driver 4.80 (b) Adults (margin over female basic (c) Leading Hands: Any male worker placed by wage per week): $ the employer in charge of three or more other workers shall be paid $2.30 per week 1st year of adult service .... 4.70 in addition to the rates prescribed in sub- 2nd year of adult service .... 5.20 clause (b) hereof. 3rd year of adult service .... 5.90 4th year of adult service .... 6.90 5th year of adult service .... 8.10 (c) (i) Allowances—Typists and account- ing machinists shall be paid the CONCRETE MASONRY BLOCK following additional amount per MANUFACTURING. week:— Award No. 42 of 1961. Typist—typing (50 words per BEFORE THE WESTERN AUSTRALIAN minute) 1.31 INDUSTRIAL COMMISSION. Shorthand typist (80 words per minute) 1.31 No. 243 of 1967. Shorthand typist (100 words Between Australian Workers' Union, Westralian per minute) 3.22 Branch, Industrial Union of Workers, Appli- Accounting machinist (test cant, and Besser Vibrapac Masonry (W.A.) passed) 3.22 Ltd and Jaywoth Masonry Ltd, Respondents. Shorthand typist (120 words HAVING heard Mr J. Isherwood on behalf of the per minute) 4.83 applicant and Mr H. J. de Burgh on behalf of the (ii) A worker shall be entitled to only respondents, and by consent, I, the undersigned, one of these allowances at any Chief Industrial Commissioner of The Western one time. Australian Industrial Commission, in pursuance of 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 209 the powers contained in section 92 of the Industrial Schedule. Arbitration Act, 1912-1966, and all other powers (1) Clause 7—Wages: Delete this clause and therein enabling me, do hereby order and declare— insert in lieu thereof the following: That the Concrete Masonry Block Manu- facturing Award, No. 42 of 1961, as amended, 7.—Wages. be and the same is hereby further amended in The following shall be the minimum rates of accordance with the following schedule and wages payable to workers covered by this award:— that such amendment shall take effect as from (1) Basic Wage (per week) $ the beginning of the first pay period com- Adult Males ...... 33.50 mencing on or after the date hereof. Adult Females .... 25.13 Dated at Perth this 3rd day of March, 1967. (2) Adult Males (margin over male (Sgd) S. F. SCHNAARS, basic wage per week): [L.S.l Commissioner. Graders 5.15 All others 3.70 Schedule. (3) Adult Females (margin over female 1. Delete subclauses (a) and (b) of Clause 9— basic wage per week): Wages and insert in lieu thereof the following:— Graders 2.90 $ All others 1.80 (a) Male Basic Wage (per week) .... 33.50 (4) Casual Workers (rates per hour): (b) Margins (per week—adult males): Adult Males— Weighbatch—mixer operator .... 7.30 Graders 1.06.28 Block machine operator 7.30 Others 1.02.30 Off bearer who operates block Adult females— machine 7.30 Graders ...... 0.77.08 Fork lift operator 8.45 Others 0.74.05 Platform truck operator 5.65 (5) Junior Males Weekly Workers: (per Takers off—machine 5.30 cent, of male basic wage per week): % Takers off—other 4.80 Between 14 and 15 years of age .... 30 2. Delete Clause 11—Leading Hands and in- Between 15 and 16 years of age .... 40 sert in lieu thereof the following:.— Between 16 and 17 years of age .... 50 Between 17 and 18 years of age .... 60 11. Leading Hands. Between 18 and 19 years of age .... 70 Any worker appointed as a leading hand by the Between 19 and 20 years of age .... 80 employer shall be paid the following amounts in addition to his ordinary wages when placed in Between 20 and 21 years of age .... 90 charge of— (6) Junior Females Weekly Workers: (per cent, of female basic wage per week): (i) not less than three and not more than Between 15 and 16 years of age .... 45 ten other workers $2.30 per week; Between 16 and 17 years of age .... 55 (ii) more than ten other workers $4.45 per Between 17 and 18 years of age .... 65 week. Between 18 and 19 years of age .... 75 Between 19 and 20 years of age .... 85 Between 20 and 21 years of age .... 95 (7) Casual Workers—Junior Males and Females: CRAYFISH PROCESSING. Junior workers engaged as casual workers Award No. 13 of 1952. shall be paid at the rate of ten per cent in BEFORE THE WESTERN AUSTRALIAN addition to the rates prescribed in subclauses INDUSTRIAL COMMISSION. (5) and (6) of this clause. (8) "Grader" shall mean the worker who holds No. 107 of 1967. a license as a Grader from the Department Between: the Food Preservers' Union of Western of Primary Industries and who is the worker Australia, Union of Workers, Applicant, and responsible for the packing and correct Fremantle Fisherman's Co-operative Society quality of processed crayfish. Limited, and others, Respondents. (9) The hourly rates as set out in subclause (4) HAVING heard Mr. W. J. Gough on behalf of the are subject to adjustment in accordance applicant and Mr. L. Girdlestone on behalf of the with any variations in the basic wage which respondent, and by consent, I, the undersigned, may be ordered by the Court from time to Commissioner of The Western Australian Indus- trial Commission, in pursuance of an allocation to time. me by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all DENTAL TECHNICIANS AND ATTENDANTS- other powers therein enabling me, do hereby order RECEPTIONISTS. and declare— Award No. 42 of 1965. That the Crayfish Processing Industry BEFORE THE WESTERN AUSTRALIAN Award, No. 13 of 1952, as amended, be and INDUSTRIAL COMMISSION the same is hereby further amended in ac- No. 214 of 1967. cordance with the following schedule and that Between: W. A. Dental Technicians' and Employees' such amendment shall take effect as from the Union of Workers, Perth, Applicant, and beginning of the first pay period commencing McKenna Devenish Laboratories, and others, on or after the date hereof. Respondents. Dated at Perth this 17th day of February, 1967. HAVING heard Mr W. Gough on behalf of the (Sgd) D. CORT, applicant and Mr D. L. Hosking on behalf of the Commissioner. respondents, and by consent, I, the undersigned, WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

Commissioner of The Western Australian Industrial (7) Apprentices (per cent, of basic Commission, in pursuance of an allocation to me per week): by the Chief Industrial Commissioner and in pursu- Five year term— ance of the powers contained in section 92 of the First year Industrial Arbitration Act, 1912-1966, and all other Second year powers therein enabling me, do hereby order and Third year declare— Fourth year Fifth year That the Dental Technicians and Attendants- Receptionists Award, No. 42 of 1965, as Four year term- amended, be and the same is hereby further First year .... amended in accordance with the following Second year schedule and that such amendment shall take Third year effect as from the beginning of the first pay Fourth year period commencing on or after the date hereof. Three year term— Dated at Perth this 24th day of February, 1967. First year (Sgd) J. R. FLANAGAN, Second year [L.S.l Commissioner. Third year

Schedule. DRAUGHTSMEN, TRACERS AND PLANNERS. Clause 10—Wages. Delete this clause and insert in lieu thereof the following:— Award No. 19 of 1963. BEFORE THE WESTERN AUSTRALIAN 10.—Wages. INDUSTRIAL COMMISSION, The following shall be the minimum rates of wages payable to workers covered by this award:— No. 60 of 1967. (1) Basic Wage (per week) $ Between the Association of Architects, Engineers, Males 33.50 Surveyors and Draughtsmen of Australia, Union of Workers, Western Australian Females 25.13 Division, Applicant, and Vickers Hoskins Pty. (2) Adult Males (margin over male basic Ltd, and others, Respondents. wage per week): HAVING heard Mr. A. G. Barker on behalf of the applicant and Mr. G. J. Martin on behalf of the (a) Dental Technician Advanced (as respondents, and by consent I, the undersigned, defined) 24.90 Chief Industrial Commissioner of The Western (b) Other technicians 17.20 Australian Industrial Commission, in pursuance of (c) A leading dental technician as the powers contained in section 92 of the Industrial defined shall be paid an amount Arbitration Act, 1912-1966, and all other powers of two dollars and twenty cents in therein enabling me, do hereby order and declare— addition to rates prescribed in (a) That the Draughtsmen's, Tracers' and of (b) above. Planner's Award, No. 19 of 1963, as amended, be and the same is hereby further amended (3) Adult Females (margin over female in accordance with the following schedule and basic wage per week): that such amendment shall take effect as from (a) Dental assistant 6.20 the beginning of the first pay period com- (b) Dental attendant-receptionist .... 4.50 mencing on or after the date hereof. (c) Laboratory assistant 4.50 Dated at Perth this 3rd day of March, 1967. (4) Junior Female Attendant-Receptionist [L.S.l (Sgd) S. F. SCHNAARS, or Laboratory Assistant (per cent, of Commissioner. female basic wage per week): % Between 15 and 16 years of age .... 45 Schedule. Between 16 and 17 years of age .... 55 Clause 6—Wages: Delete the whole of this clause Between 17 and 18 years of age .... 674- and insert in lieu thereof:— Between 18 and 19 years of age .... 774 Clause 6—Wages. Between 19 and 20 years of age .... 90 The following shall be the minimum rates of Between 20 and 21 years of age .... 100 wages payable to workers covered by this award:— (5) A Dental Assistant under the age of (1) Basic Wage (per week): $ 21 years who has completed three years Males 33.50 practical experience shall be paid Females 25.13 three dollars and fifty cents in (2) Trainee Draughtsmen (per cent, of addition to the appropriate rate pres- male basic wage per week): cribed in subclause (4) hereof. % Under 16 years of age 40 (6) For the purpose of this clause a Den- 16 to 17 years of age 55 tal Assistant is one who is the holder 17 to 18 years of age 70 of a Dental Assistants Association's 18 to 19 years of age 85 Cei'tificate of Proficiencey. 19 to 20 years of age 100 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

Margin over basic wage per week $ ENGINE-DRIVERS. 20 to 21 years of age 5.90 (Sawmills.) 21 to 22 years of age 8.90 Award No. 23 of 1952. 22 to 23 years of age 11.50 BEFORE THE WESTERN AUSTRALIAN At 23 years of age and thereafter 15.20 INDUSTRIAL COMMISSION. Provided that a Trainee who has No. 120 of 1967. completed an apprenticeship shall be paid 15.20 Between the Federated Engine Drivers' and (3) Adult Workers (margin over basic Firemen's Union of Workers of Western wage per week): Australia, Applicant, and Millars' Timber and Trading Co, and others. Respondents^ (a) (i) Draughtsmen Other— First year of service .... 15.20 HAVING heard Mr D. Maguire on behalf of the applicant and Mr. J. De Burgh on behalf of the Second year of service .... 19.30 respondents, and by consent, I, the undersigned, Third year of service .... 23.40 Commissioner of The Western Australian Industrial Thereafter ...... 27.50 Commission, in pursuance of an allocation to me Provided that where the worker by the Chief Industrial Commissioner and in pur- has been classified in a higher suance of the powers contained in section 92 of tradesmen classification such as the Industrial Arbitration Act, 1912-1966, and all tool-maker or pattern-maker im- other powers therein enabling me, do hereby order mediately prior to being classified and declare— as a Draughtsman-Other, he shall That the Engine Drivers' (Saw Mills) Award, commence on the second year of No. 23 of 1952, as amended, be and the same the scale. is hereby further amended in accordance with (ii) A Leading Draughtsman Other as the following schedule and that such amend- defined shall, in addition to the rate ment shall take effect as from the beginning prescribed herein for "Thereafter" of the first pay period commencing on or after be paid an amount of $6.10 per the date hereof. week Dated at Perth this 17th day of February, 1967. (b) (i) Draughtsman Designing'— $ [L.S.l (Sgd) D. CORT, First year of service .... 34.60 Commissioner. Second year of service .... 39.30 Thereafter ...... 43.90 (ii) A Leading Draughtsman Designing Schedule. as defined shall, in addition to the Clause 5—Wages: Delete subclauses (a) and (b) rate prescribed herein for "There- of this clause and insert in lieu thereof the after" be paid an amount of $6.10 following: per week. $ (a) Basic Wage (per week) 33.50 (c) Planning Assistants— First year of service 15.20 (b) Adults (margin over basic wage per Second year of service .... 17.20 week): Third year of service .... 19.30 (1) Locomotive engine driver .... 9.75 Thereafter 21.30 (2) Locomotive engine drivers (if Provided that where the worker has they sometimes or always carry been classified in a higher tradesmen human beings other than the classification such as tool-maker or train crew) 11.25 pattern-maker immediately prior to being classified as a Planning Assistant, he shall (3) Locomotive firemen 5T5 commence on the second year of the scale. (4) Stationary engine driver whose work requires a first or second (d) Planning Technician— class certificate 7.55 First year of service ...... 23.40 (5) Stationary engine driver whose Second year of service .... 26AO work requires a third class Thereafter 29.50 certificate— 6.15 (e) (i) Production Planner- (a) Engine drivers who also First year of service .... 34.60 attend to and are in charge Second year of service ... 39.30 of electric generator or Thereafter 43.90 dynamo (other than a dynamo for merely lighting (ii) A Senior Production Planner as defined shall, in addition to the rate the works) extra 2.30 prescribed herein for "Thereafter" (b) Engine drivers who are in be paid an amount of $6.10 per charge of plant—extra .... 2.30 week. (6) Firemen— (f) (i) Female Tracers 8.70 Attending one boiler or one (ii) A Leading Female Tracer shall be suction gas generator 4.80 paid an amount of $2.60 per week Attending two or more boilers or in addition to her rate as prescribed two or more suction gas herein. generators .... 6.55 212 • WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

(7) Where two or more firemen are $ employed on one shift, one (b) Adults (margin over basic wage per fireman shall be leading week): fireman and shall be paid ten (i) Stationary engine driver whose cents per shift extra. work requires a first or second (8) Steam cross-cut driver .... 6.65 class certificate 7.55 (9) Mill and bush winch driver .... 6A5 (ii) Stationary engine driver whose work requires a third class (10) Engine cleaners 3.15 certificate 6.15 (11) Engine greasers 3.70 (iii) Driver of mobile crane up to 5-ton (12) Fuelman or Trimmer assisting capacity 8.70 fireman 3.15 (iv) Driver of special crane—Westra- lian capacity 8.70 (13) An engine driver or fireman who is required to do saw iv) Fireman attending one boiler .... 4.80 sharpening—extra 3.90 (vi) Fireman attending two or more boilers 6.55 (14) An engine driver or fireman who operates a drying kiln and (vii) Driver of overhead traverser crane 4.70 is responsible for the tempera- ture reading and records thereof—extra 1.50 (15) Drivers of internal combustion ENGINE-DRIVERS. engines— (Butter Manufacturing.) 50 B.H.P. or over 7.55 Award No. 42 of 1950. Over 30, but under 50 B.H.P, 6.15 BEFORE THE WESTERN AUSTRALIAN (16) Driver of mobile crane up to INDUSTRIAL COMMISSION. five ton lifting capacity .... 8.70 No. 122 of 1967. Between the Federated Engine Drivers and Fire- men's Union of Workers of Western Australia, ENGINE-DRIVERS. Applicant, and Sunnywest Co-operative Dairies Ltd, and others. Respondents. (Plywood.) HAVING heard Mr D. Maguire on behalf of the Award No. 35 of 1962. applicant and Mr H. J. de Burgh on behalf of the respondents, and by consent, I, the undersigned, BEFORE THE WESTERN AUSTRALIAN Chief Industrial Commissioner of The Western INDUSTRIAL COMMISSION. Australian Industrial Commission, in pursuance of No. 121 of 1967. the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966. and all other powers Between: the Federated Engine Drivers and Fire- therein enabling me, do hereby order and declare— men's Union of Workers of Western Australia, That the Engine Drivers' (Butter) Award, Applicant, and Westralian Plywoods Pty Ltd, No. 42 of 1950, as amended, be and the same and another, Respondents. is hereby further amended in accordance with HAVING heard Mr D. Maguire on behalf of the the following schedule and that such amend- applicant and Mr J. de Burgh on behalf of the ment shall take effect as from the beginning respondents, and by consent, I, the undersigned, of the first pay period commencing on or Commissioner of The Western Australian Indus- after the date hereof. trial Commission, in pursuance of an allocation to me by the Chief Industrial Commissioner and Dated at Perth this 3rd day of March, 1967 in pursuance of the powers contained in section (Sgd.) S. F. SCHNAARS, 92 of the Industrial Arbritration Act, 1912-1966, [L.S.l Commissioner. and all other powers therein enabling me, do hereby order and declare— Schedule. That the Engine Drivers' (Plywood) Award, No. 35 of 1962, as amended, be and the same Clause 11—Wages: Delete this clause and insert is hereby further amended in accordance with in lieu thereof the following:— the following schedule and that such amend- 11.—Wages. ment shall take effect as from the beginning of $ the first pay period commencing on or after (a) Male Basic Wage (per week) 33.50 the date hereof. (b) Adult Males (margin per week): Dated at Perth this 17th day of February, 1967. Engine Drivers 7.55 [L.S.l (Sgd) D. CORT, Firemen (first class) 6.55 Commissioner. Firemen (others) 4.80 Engine drivers and/or firemen shall, If necessary, perform such ad- Clause 11—Wages: Delete sub-clauses (a) and ditional work as required. Provided (b) and inserted in lieu thereof the following: that such additional work shall not prevent them having continual $ supervision over their engine and/or (a) Basic Wage (per week) 33.50 boiler, and provided further that an 19 April, 1967.] WESTEKN AUSTRALIAN INDUSTRIAL GAZETTE.

engine driver or fireman required to ENGINE DRIVERS. attend to a refrigerating compressor (Earth Moving and Construction.) shall have added to his margin the sum of two dollars thirty cents per Award No. 10 of 1963. week. Notwithstanding the forego- BEFORE THE WESTERN AUSTRALIAN ing any fireman whose normal duties INDUSTRIAL COMMISSION. do not involve attending to a refrig- erating compressor over five days No. 125 of 1967. per week shall he paid in lieu of Between: The Federated Engine Drivers and Fire- the above the sum of forty-six point men's Union of Workers of Western Austra- one seven cents for each day or part lia, Applicant, and Baker Construction Co., thereof so engaged. and others. Respondent, HAVING heard Mr D. E. Maguire on behalf of the applicant and Mr H. J. de Burgh on behalf of the respondents, and by consent, I, the under- signed, Commissioner of The Western Australian ENGINE-DRIVERS. Industrial Commission, in pursuance of an allo- (Broome Abattoirs.) cation to me by the Chief Industrial Commissioner and in pursuance of the powers contained in sec- Award No. 16 of 1963. tion 92 of the Industrial Arbitration Act, 1912- BEFORE THE WESTERN AUSTRALIAN 1966, and all other powers therein enabling me, INDUSTRIAL COMMISSION. do hereby order and declare— That the Earth Moving and Construction No. 123 Of 1967. Award, No. 10 of 1963, as amended, be and Between the Federated Engine Drivers and Fire- the same is hereby further amended in ac- men's Union of Workers of Western Australia, cordance with the following schedule and that Applicant, and Broome Freezing and Chilling such amendment shall take effect as from the Works Pty Ltd, Respondent. beginning of the first pay period commencing on or after the date hereof. HAVING heard Mr D. E. Maguire on behalf of the applicant and Mr H. J. de Burgh on behalf of Dated at Perth this 10th day of March, 1967. the respondent, and by consent, I, the undersigned, [L.S.] (Sgd) D. CORT, Commissioner of The Western Australian Indus- Commissioner. trial Commission, in pursuance of an allocation to me by the Chief Industrial Commissioner and in Schedule. pursuance of the powers contained in section 92 Clause 29—Wages: Delete this clause and insert of the Industrial Arbitration Act, 1912-1966, and in lieu thereof the following:— all other powers therein enabling me, do hereby 29.—Wages. order and declare— The minimum wage to be paid to and received That the Engine Drivers' (Broome Abat- by all workers shall be as follows:— toirs) Award, No. 16 of 1963, as amended, be $ and the same is hereby further amended in ac- (a) Basic Wage (per week) 33.50 cordance with the following schedule and that such amendment shall take effect as from the (b) Classifications (margin per week- beginning of the first pay period commencing Adult Males): on or after the date hereof. (1) Articulated Scraper—self- powered— Dated at Perth this 17th day of February, 1967. (a) Under 20 cubic yards capa- IL.S.l (Sgd) D. CORT, city 12.60 Commissioner. (b) 20 cubic yards to 30 cubic yards capacity 14.20 (c) Over 30 cubic yards capacity 16.00 Schedule. (2) Rollers—Petrol, oil electric or steam— Clause 18—Wages: Delete this clause and insert Under 10 tons 7.95 in lieu thereof the following:— 10 tons and over 9.30 The minimum rate of wages payable to workers (3) Navvy, dragline or dredge type covered by this award shall be as follows:— excavators 11.85 $ (1) Basic Wage (per week) 33.50 (4) Mobile cranes lifting capacity 5 tons or less 8.70 (2) Adult Males (margin per week): (5) Mobile cranes lifting capacity (a) Engine Driver 12.05 over 5 tons but not more than Engine drivers shall, if necessary 10 tons 9.60 perform such additional work as (6) Mobile cranes lifting capacity required. Provided that such addi- over 10 tons but not exceeding tional work shall not prevent them 20 tons 10,80 having continual supervision over (7) Mobile crane lifting capacity their engine, and provided further over 20 tons 11.85 that an engine driver required to attend to a refrigerating com- (8) Operator of Lobnitz rock breaker 9.90 pressor shall have added to his (9) Engine Drivers on pile driving margin the sum of two dollars and monkey 17 cwt. and under .... 6.70 thirty cents per week, (10) Engine drivers on pile driving (b) Assistants 9.50 over 17 cwt. 9.10 214 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

$ (11) Engine driver operating winch (26) Graders— from pile driving rig not on (a) Single unit 40 brake horse pile driving 6.70 power 11.85 (12) All stationary steam engine (b) Single unit 40 brake horse drivers whose work requires and under 10.25 first or second class certificate 7.55 (c) Drawn type with power (13) All other stationary steam engine operated controls 11.25 drivers whose work requires (27) Trainee plant operators may be engaged third class certificate 6.15 for a period of up to eight weeks and (14) Drivers of internal combustion may be paid the basic wage plus 60 engines— per cent, of the appropriate margin. (a) If under 50 b.h.p 6.15 "Leading hand" means a worker who is (b) If 50 b.h.p. or over 7.55 required to supervise or direct or be (15) Locomotive fireman 5.15 in charge of not less than three other (16) Boiler attendant- workers and shall be paid two dollars la) Attending one boiler 4.80 twenty cents in addition. (b) Attending two boilers .... 6.55 (c) Notwithstanding anything herein contained (17) Driver of Priestman grab .... 8.00 in this award the minimum rates of wages (18) Driver of steam cranes 8.00 payable to classifications 23, 24, 25 and 26 contained in subclause (b) hereof shall be (19) Scotch derrick power crane .... 9.90 not less than prescribed for classifications (20) Compressor driver over 30 h.p 5.15 2, 3, 4 and 5 respectively in part 2 of clause (21) Driver of Wayne road sweeper .... 11.50 10 under the award of the Commonwealth (22) Additions to margin—and engine Conciliation and Arbitration Commission driver engaged as hereinafter known as the Australian Workers' Union specified shall have his marginal Construction and Maintenance Award, 1964, rate increased as follows:— as amended from time to time. (a) Attending to electric genera- Provided that if during the currency of tor or alternator exceeding this award the Western Australian Indus- 10 k.w. capacity 2.30 trial Commission should prescribe a basic (b) Attending to refrigerator wage generally or in any district differing compressor or compressors .... 2.30 in amount from that now prescribed, then (c) Engine driver in charge of the marginal differences between the pres- plant provided that these ent basic wage and the minimum rates rates shall not be cumulative herein prescribed shall be deemed to be in- to the extent of increasing creased or decreased as the case may be to the margin of an employee the same extent as the present basic wage above $15.50 2.30 may be decreased or increased by the said (d) Engine driver in charge of Commission as aforesaid to the.extent the switchboard exceeding 350 rates herein prescribed shall remain con- k.w 1.05 stant. (e) Crane drivers engaged on building construction or demo- (d) Provided further, that the margins pre- lition 1.90 scribed for classifications 23, 24, 25 and 26 (23) Tractors while using power contained in subclause (b) hereof shall not operated attachments— apply in the area occupied and controlled (a) 35 brake horse power and by the United States Navy and in the vici- under 9.25 nity of the North-West Cape in which case (b) Over 35 brake horse power the margins shall be as follows:— to 70 brake horse power .... 11.05 Margin per week: $ (c) Over 70 brake horse power to (23) Tractors while using power 130 brake horse power .... 12.30 operated attachments: (d) Over 130 brake horse power 13.70 (a) Under 70 brake horse power 9.60 (24) Loaders— (b) 70 brake horse power to 130 (a) Front end and overhead— brake horse power 10.60 appropriate tractor margin. (c) 130 brake horse power to 250 (b) Mechanical bucket type, brake horse power 11.50 truck or tractor mounted— (d) 250 brake horse power and appropriate truck driver's over 12.60 rate as provided in the (24) Loaders: A.W.U. Construction and (a) Loaders on tracks 9.60 Maintenance (Federal) (b) Loaders—mechanical bucket Award. type truck mounted 7.95 (25) Loco, driver (petrol, oil, elec- (c) Loaders—pneumatic tyres— tric)— (i) Two wheel drive up to (a) If human beings other than 130 h.p 7.95 train crew sometimes or (ii) Four wheel drive up to always are carried 13.05 130 h.p 9.60 (b) Others 11.25 (iii) Loaders over 130 h.p 11.50 If gauge is less than 3 feet, (25) Graders: 75 cents per week less in (a) Under 100 h.p. 9.60 each case. (b) 100 h.p. and over 10.30 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 215

EN GINE -DRIVERS. EN GINE DRIVERS. (Wood Extract.) (Electric Power Stations—Shire Councils— Award No. 11 of 1958. North-West Ports and Others.) BEFORE THE WESTERN AUSTRALIAN Award No. 24 of 1964. INDUSTRIAL COMMISSION, BEFORE THE WESTERN AUSTRALIAN No. 128 of 1967. INDUSTRIAL COMMISSION. Between the Federated Engine Drivers and Fire- No. 129 of 1967. men's Union of Workers of Western Australia, Applicant, and Industrial Extracts Ltd, Re- Between the Federated Engine Drivers and Fire- spondent. men's Union of Workers of Western Australia, Applicant, and Esperance Shire Cotmcil, and HAVING heard Mr D. E. Maguire on behalf of the others, Respondents. applicant and Mr H. J. de Burgh on behalf of the HAVING heard Mr D. E. Maguire on behalf of the respondent, and by consent, I, the undersigned, applicant and Mr H. J. de Burgh on behalf of the Commissioner of The Western Australian Industrial respondents, and by consent, I, the undersigned, Commission, in pursuance of an allocation to me Commissioner of The Western Australian Industrial by the Chief Industrial Commissioner and in pur- Commission, in pursuance of an allocation to me suance of the powers contained in section 92 of by the Chief Industrial Commissioner and in pur- the Industrial Arbitration Act, 1912-1966, and all suance of the powers contained in section 92 of other powers therein enabling me, do hereby order the Industrial Arbitration Act, 1912-1966, and all and declare— other powers therein enabling me, do hereby order That the Engine Drivers' (Wood Extract) and declare—• Award, No. 11 of 1958, as amended, be and the That the Engine Drivers' (Shire Councils) same is hereby further amended in accordance Award, No. 24 of 1964, as amended, be and with the following schedule and that such the same is hereby further amended in accord- amendment shall take effect as from the ance with the following schedule and that such beginning of the first pay period commencing amendment shall take effect as from the be- on or after the date hereof. ginning of the first pay period commencing Dated at Perth this 17th day of February, 1967. on or after the date hereof. (Sgd) D. CORT, Dated at Perth this 17th day of February, 1967. [L.S.] Commissioner. [L.S.] (Sgd) D. CORT, Commissioner. Schedule, Clause—Wages: Delete this clause and insert in Schedule. lieu thereof the following:— Clause 16—Wages. Delete subclauses (1) and 9.—Wages. (2) of this clause and insert in lieu thereof the The minimum rate of wages payable to workers following:— under this Award shall be as follows:— $ $ (1) Basic Wage (per week) 33.50 (a) Basic Wage (per week) 33.50 (2) Adults (margin per week): Margin per week: Engine drivers—50 b.h.p. and over (b) (i) Stationary engine driver whose (inclusive of all allowances, i.e. work requires a First or Second for being in charge of plant, doing Class Certificate 7.55 the general repair work of the (ii) Stationary engine driver whose plant, changing batteries, attend- work required a Third Class Cer- ing to electric generator or dy- namo and attending ammonia tificate 6.15 compressor) 9.85 (iii) Engine drivers who also attend to and are in charge of electric generating or dynamo (other than a dynamo for merely lighting the works) extra 2.30 ENGINE-DRIVERS. (iv) Winch drivers 6.35 (Icemaking and Cold Storage) (v) Mobile crane drivers 8.70 Award No. 22 of 1950. (vi) Fireman:— (a) Attending one boiler or one BEFORE THE WESTERN AUSTRALIAN suction gas generator ... 4.80 INDUSTRIAL COMMISSION. (b) Attending two or more boilers No. 130 of 1967. or two or more suction gas generators 6.55 Between the Federated Engine Drivers and Fire- (c) Trimmer ' 3.15 men's Union of Workers of Western Australia, Applicant, and Anchorage Butchers Limited, (vii) Where two or more firemen are em- Fremantle Cold Storage Company Pty Limited; ployed on one shift one fireman shall and the Western Ice Co. (1919) Limited, Re- be the leading fireman and shall be paid spondents. ten cents per shift extra. HAVING heard Mr D. E. Maguire on behalf of (viii) Person engaged inside the gas or wager the applicant and Mr H. J. de Burgh on behalf space on scraping work shall, whilst so of the respondents, and by consent, I, the under- employed, be paid in addition to his signed, Commissioner of the Western Australian ordinary overtime rate, seven dollars and Industrial Commission, in pursuance of an alloca- fifty cents per hour. tion to me by the Chief Industrial Commissioner [19 April, 1967. and in pursuance of the powers contained in sec- Schedule. tion 92 of the Industrial Arbitration Act, 1912-1966, Clause 28—Wages: Delete this clause and insert and all other powers therein enabling me, do here- in lieu thereof the following:— by order and declare— That the Engine Drivers' (Ice) Award, No. 22 28.'—Wages. of 1950, as amended, be and the same is hereby The minimum weekly wage to be paid to and further amended in accordance with the follow- received by all workers shall be as follows:— ing schedule and that such amendment shall take effect as from the beginning of the first $ pay period commencing on or after the date (1) Basic Wage (per week) 33.50 hereof. (2) Classifications: Dated at Perth this 17th day of February, 1967. (1) Drivers of cranes engaged on [L.S.] (Sgd) D. CORT, building construction or demoli- Commissioner. tion 12.30 (2) Drivers of mobile cranes up to 5 Schedule. ton capacity not engaged as above 8.70 Clause 6.—Wages: Delete this clause and insert in lieu thereof the following:— 6.—Wages. $ (a) Basic Wage (per week) 33.50 (b) Margin per week: ENGINE DRIVERS. (i) Engine driver who in addition (Cement.) to his usual duties shall have charge of plant, run ammonia Award No. 29 of 1956. compressors, have charge of BEFORE THE WESTERN AUSTRALIAN dynamos and, if necessary, INDUSTRIAL COMMISSION. supervise ice drawing—50 b.h.p. and over 9.85 No. 132 of 1967. (ii) Engine driver as above on plant Between the Federated Engine Drivers and Fire- with a refrigeration capacity in men's Union of Workers of Western Australia, excess of 80 tons 11.05 Applicant, and Swan Portland Cement Limited (hi) Firemen— and Cockburn Cement Pty Ltd, Respondents. First Class 6.55 Second Class 4.80 HAVING heard Mr D. Maguire on behalf of the applicant and Mr J. de Burgh on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Indus- trial Commission, in pursuance of an allocation to ENGINE DRIVERS. me by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 (Building and Steel Construction.) of the Industrial Arbitration Act, 1912-1966, and Award No. 14 of 1964. all other powers therein enabling me, do hereby BEFORE THE WESTERN AUSTRALIAN order and declare—• INDUSTRIAL COMMISSION. That the Engine Drivers' (Cement) Award, No. 29 of 1956, as amended, be and the same No. 131 of 1967. is hereby further amended in accordance with Between the Federated Engine Drivers and Fire- the following schedule and that such .amend- men's Union of Workers of Western Australia, ment shall take effect as from the beginning Applicant, and Master Builders' Association of the first pay period commencing on or after of Western Australia (Union of Employers), the date hereof. Perth, and others, Respondents. Dated at Perth this 17th day of February, 1967. HAVING heard Mr D. E. Maguire on behalf of the applicant and Mr H. J. de Burgh on behalf of the IL.S.] (Sgd) D. CORT, respondents, and by consent, I, the undersigned, Commissioner. Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me by the Chief Industrial Commissioner and in pur- suance of the powers contained in section 92 of Schedule. the Industrial Arbitration Act, 1912-1966, and all Clause 11.—Wages: Delete subclause (a) and (b) other powers therein enabling me, do hereby order of this clause and insert in lieu thereof the follow- and declare— ing:— That the Engine Drivers' (Building and Steel $ Construction) Award, No. 14 of 1964, as (a) Basic Wage (per week) 33.50 amended, be and the same is hereby further amended in accordance with the following (b) Adults (margin per week): schedule and that such amendment shall take (i) Driver of excavator 11.85 effect as from the beginning of the first pay period commencing on or after the date hereof. (ii) Driver of overhead grab crane .... • 10.45 Dated at Perth this 17th day of February, 1967. (hi) Driver of scotch derrick crane .... 10.45 IL.S.] (Sgd) D. CORT, (iv) Driver of mobile crane 8.70 Commissioner. (v) Fireman 4.80 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

ENGINE DRIVERS. cation to me by the Chief Industrial Commissioner (Brickyards.) and in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and Award No. 49 of 1950. all other powers therein enabling me, do hereby BEFORE THE WESTERN AUSTRALIAN order and declare—■ (• INDUSTRIAL COMMISSION. That the Engine Drivers' (Power Houses, No. 133 of 1967. Municipalities, etc., Country) Award, No. 14 of 1948, as amended, be and the same is hereby Between the Federated Engine Drivers and Fire- further amended in accordance with the fol- men's Union of Workers of Western Australia, lowing schedule and that such amendment Applicant, and L. Whiteman Ltd, and others, shall take effect as from the beginning of the Respondents. first pay period commencing on or after the HAVING heard Mr D. E. Maguire on behalf of date hereof. the applicant and Mr H. J. de Burgh on behalf Dated at Perth this 17th day of February, 1967. of the respondents, and by consent, I, the under- [L.S.l (Sgd) D. CORT, signed, Commissioner of The Western Australian Commissioner. Industrial Commission, in pursuance of an alloca- tion to me by the Chief Industrial Commissioner and in pursuance of the powers contained in Schedule. section 92 of the Industrial Arbitration Act, 1912- Clause 14.—Wages—Delete subclauses (a), (b) 1966, and all other powers therein enabling me and (c) of this clause and insert in lieu thereof do hereby order and declare— the following:— That the Engine Drivers' (Brickyards) 14.—Wages. Award, No. 49 of 1950, as amended, be and $ the same is hereby further amended in accord- (a) Basic Wage (per week) 33.50 ance with the following schedule and that (b) Adults (margin per week): such amendment shall take effect as from the Engine Drivers, 50 b.h.p. and over .... 9.85 beginning of the first pay period commencing (Inclusive of all allowances, i.e., on or after the date hereof. for being in charge of plant, doing Dated at Perth this 17th day of February, 1967. the general repair work of the plant, [L.S.l (Sgd) D. COR-T. charging batteries, attending to Commissioner. electric generator or dynamo, and attending ammonia compressor.) (c) Engine Drivers—Small plants 15.80 Schedule. (Inclusive of all allowances, etc., Clause 12.—Wages: Delete this clause and insert as set out in subclause (b) of this in lieu thereof the following:— clause overtime, penalty rates for work performed on Saturday, Sun- 12.—Wages. day and prescribed holidays and $ shift work loadings.) (a) Basic Wage (per week) 33.50 (b) Adults (margin per week): (i) Drivers of excavators 11.85 ENGINE DRIVERS. (ii) Drivers of diesel locomotive .... 7.05 (iii) Drivers of scraper-hauler .... 6.35 (Boulder Municipal Council.) (iv) Fireman— Award No. 35 of 1959. One boiler 4.8.0 BEFORE THE WESTERN AUSTRALIAN Two boilers 6.55 INDUSTRIAL COMMISSION. (c) Boiler cleaning, etc.—Any person engaged No. 135 of 1967. inside the gas or water space of a boiler, Between the Federated Engine Drivers and Fire- flue, or economiser which, when working is men's Union of Workers of Western Australia, under pressure, in cleaning or scraping work, Applicant, and the Municipality of Boulder, shall be paid eight cents per hour in addi- Respondent. tion to his ordinary or overtime rate of pay, HAVING heard Mr D. E. Maguire on behalf of as the case may be, whilst so employed. the applicant and Mr H. J. de Burgh on behalf of the respondent, and by consent, I, the under- signed, Commissioner of The Western Australian ENGINE DRIVERS. Industrial Commission, in pursuance of an alloca- (Electric Power Stations—Municipalities, etc., tion to me by the Chief Industrial Commissioner Country.) and in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912- Award No. 14 of 1948. 1966, and all other powers therein enabling me, BEFORE THE WESTERN AUSTRALIAN do hereby order and declare— INDUSTRIAL COMMISSION. That the Engine Drivers' (Boulder Muni- No. 134 of 1967. cipal Council) Award, No. 35 of 1959, as Between the Federated Engine Drivers and Fire- amended, be and the same is hereby further men's Union of Workers of Western Australia, amended in accordance with the following Applicant, and Moora Road Board, and others, schedule and that such amendment shall take Respondents. effect as from the beginning of the first pay HAVING heard Mr D. E. Maguire on behalf of the period commencing on or after the date applicant and Mr H. J. de Burgh on behalf of hereof. the respondents, and by consent, I, the under- Bated at Perth this 17th day of February, 1967. signed, Commissioner of The Western Australian [L.S.l (Sgd) D. CORT, Industrial Commission, in pursuance of an allo- Commissioner. (4)—340 IS 218 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

Schedule. ENGINE-DRIVERS. Clause 6.—Wages: Delete this clause and insert (Municipality of Geraldlon.) in lieu thereof the following:— Award No. 13 of 1959. BEFORE THE WESTERN AUSTRALIAN 6.—Wages. INDUSTRIAL COMMISSION. The minimum rate of wages payable under the No. 137 of 1967. provisions of this Award shall be— Between The Federated Engine Drivers and $ Firemen's Union of Workers of Western Aus- (a) Basic Wage (per week) 33.50 tralia, Applicant, and Geraldton Municipal Margin per week: Council, Respondent. (b) Occupation Engine Driver (margin per HAVING heard Mr D. E. Maguire on behalf of the week) 11.10 applicant and Mr H. J. de Burgh on behalf of the respondent, and by consent, I, the undersigned. (c) The margins prescribed in the foregoing in- Commissioner of The Western Australian Indus- clude allowances for dynamo, and all work trial Commission, in pursuance of an allocation to being performed by the workers concerned me by the Chief Industrial Commissioner and in at the date hereof. pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— ENGINE DRIVERS. That the Engine Drivers' (Municipality of Geraldton) Award, No. 13 of 1959, as amended, (Municipality of Kalgoorlie.) be and the same is hereby further amended Award No. 5 of 1960. in accordance with the following schedule and that such amendment shall take effect as from BEFORE THE WESTERN AUSTRALIAN the beginning of the first pay period com- INDUSTRIAL COMMISSION. mencing on or after the date hereof. No. 136 of 1967. Dated at Perth this 17th day of February, 1967. Between the Federated Engine Drivers and Fire- [U.S.] (Sgd) D. CORT, men's Union of Workers of Western Australia, Commissioner. Applicant, and Municipality of Kalgoorlie, Re- spondent. Schedule. Clause 6—Wages: Delete subclauses (a) and (b) HAVING heard Mr D. E. Maguire on behalf of the of this clause and insert in lieu thereof the follow- applicant and Mr H. J. de Burgh on behalf of ing:— the respondent, and by consent, T, the undersigned, $ Commissioner of The Western Australian Industrial (a) Basic Wage (per week) 33.50 Commission, in pursuance of an allocation to me (b) Occupation: by the Chief Industrial Commissioner and in pur- Engine Driver 11.10 suance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order ENGINE DRIVERS. and declare— (Earth Moving Machinery—Local Government That the Engine Drivers' (Municipality of Authorities.) Kalgoorlie) Award, No. 5 of 1960, as amended, Award No. 48 of 1950. be and the same is hereby further amended in accordance with the following schedule and BEFORE THE WESTERN AUSTRALIAN that such amendment shall take effect as from INDUSTRIAL COMMISSION. the beginning of the first pay period com- No. 138 of 1967. mencing on or after the date hereof. Between the Federated Engine Drivers and Fire- men's Union of Workers of Western Austra- Dated at Perth this 17th day of February, 1967. lia, Applicant, and the City of Perth, and [L.S.l (Sgd) D. CORT, others, Respondents. Commissioner. HAVING heard Mr D. E. Maguire on behalf of the applicant and Mr H. J. de Burgh on behalf of Schedule. the respondents, and by consent, I, the under- signed, Commissioner of The Western Aus- Clause 6.—Wages: Delete subclauses (a), (b) and tralian Industrial Commission, in pursuance (c) and insert in lieu thereof the following:— of an allocation to me by the Chief $ Industrial Commissioner and in pursuance of the (a) Basic Wage (per week) 33.50 powers contained in section 92 of the Industrial (b) Margins—adults: Arbitration Act, 1912-1966, and all other powers (1) Engine driver 7.55 therein enabling me, do hereby order and declare- (2) Oiler and cleaner 5.75 That the Engine Drivers' (Municipalities (3) Mobile crane driver 8.70 and Road Boards) Award, No. 48 of 1950, as (c) Allowances—An engine driver required amended, be and the same is hereby further to attend dynamo and switchboard amended in accordance with the following shall be paid the following allowances schedule and that such amendment shall take in addition to the margin in sub- effect as from the beginning of the first pay clause (b) hereof in respect of each period commencing on or after the date day or part thereof so engaged:— hereof. Per Day: Dated at Perth this 17th day of February, 1967. Dynamo attendance 0.52 [L.S.] (Sgd) D. CORT, Switchboard attendance .... 0.27 Commissioner. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 219

Schedule. $ Clause 8.—Wages, Delete this clause and insert (7) Engine driver operating winch in lieu thereof the following:— from pile driving rig not on pile driving (harbour works) 6.70 8.—Wages. (8) All stationary steam engine drivers $ (a) Basic Wage 33.50 whose work requires first or second class certificate 7.55 (b) Adults (margin per week over basic wage): (9) All other stationary steam engine Drivers of navvies and dragline drivers whose work requires third excavators 11.85 class certificates 6.15 Driver of mobile crane 8.70 (10) Drivers of suction gas or other in- Driver of mobile crane with shovel ternal combustion engines— attachment 9.00 (a) If under 50 b.h.p. 6.15 (b) If 50 b.h.p. or over 7.55 (11) Electric pump attendant 4.00 (12) Loco, fireman, on harbour works ENGINE DRIVERS. (present duties to continue) .... 5.15 (13) Locomotive fireman on construction (Government.) works 5.15 Award No. 18 of 1950. (14) Firemen: BEFORE THE WESTERN AUSTRALIAN First Class 6.55 INDUSTRIAL COMMISSION. Second class 4.80 No. 139 of 1967. Between the Federated Engine Drivers and Fire- men's Union of Workers of Western Australia, Applicant, and Hon. Minister for Works, and ENGINE DRIVERS. others, Respondent. (Kalgoorlie Hospital.) HAVING heard Mr D. E. Maguire on behalf of the applicant and Mr G. D. Johnson on behalf Award No. 83 of 1948. of the respondent, and by consent, I, the under- signed, Commissioner of The Western Australian BEFORE THE WESTERN AUSTRALIAN Industrial Commission, in pursuance of an alloca- INDUSTRIAL COMMISSION. tion to me by the Chief Industrial Commissioner No. 140 of 1967. and in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912- Between the Federated Engine Drivers and Fire- 1966, and all other powers therein enabling me, do men's Union of Workers of Western Australia, hereby order and declare- Applicant, and Minister for Public Health, That the Engine Drivers (Government) Respondent. Award, No. 18 of 1950, as amended, be and the HAVING heard Mr D. E. Maguire on behalf of the same is hereby further amended in accordance applicant and Mr G. D. Johnson on behalf of the with the following schedule and that such respondent, and by consent, I, the undersigned. amendment shall take effect as from the be- Commissioner of The Western Australian Industrial ginning of the first pay period commencing on Commission, in pursuance of an allocation to me or after the date hereof. by the Chief Industrial Commissioner and in pur- suance of the powers contained in section 92 of Dated at Perth this 24th day of February, 1967. the Industrial Arbitration Act, 1912-1966, and all (Sgd) J. R. FLANAGAN, other powers therein enabling me, do hereby order [U.S.] Commissioner. and declare— That the Engine Drivers (Kalgoorlie Hospi- tal) Awax-d, No. 83 of 1948, as amended, be Schedule. and the same is hereby further amended in Clause 9—Wages: Delete this clause and insert accordance with the following schedule and in lieu thereof the following:— that such amendment shall take effect as from the beginning of the first pay period com- 9.—Wages. mencing on or after the date hereof. $ State Basic Wage (per week) 33.50 Dated at Perth this 24th day of February, 1967. Margin per week over basic wage: [L.S.l (Sgd) J. R. FLANAGAN, (1) Loco, driver on harbour works .... 9.75 Commissioner. (2) Loco, driver on construction work .... 9.75 (3) Loco, driver who sometimes or always Schedule. carries human beings other than Clause 3—Wages: Delete this clause and insert train crew, provided that the deci- in lieu thereof the following:— sion as to whether or not human beings other than train crew are to 3.—Wages. be carried shall be at the discretion $ of the engineer or foreman in charge 11.25 Basic Wage (per week) 33.50 (4) Operator of Lobnitz rock breaker .... 9.90 Margin over basic wage per week: (5) Engine drivers on pile driving mon- (a) Boiler Attendant Fireman 6.55 key 17 cwt. and under 6.70 (b) District allowance—A district allow- (6) Engine drivers on pile driving mon- ance shall be paid to all workers of key over 17 cwt 9.15 twenty-three cents per week. 220 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

ENGINE DRIVERS. Mr M. Jahn on behalf of the State Executive, (North-West Ports—Harbour and Light.) Australasian Society of Engineers' Industrial Association of Workers. Award No. 44 of 1965. Mr B. O'Connor on behalf of the Federated BEFORE THE WESTERN AUSTRALIAN Moulders (Metals) Union of Workers, Perth. INDUSTRIAL COMMISSION. Mr O. Salmon on behalf of the Electrical Trades No. 141 of 1967. Union of Workers of Australia (Western Australian Branch), Perth. Between the Federated Engine Drivers and Fire- men's Union of Workers of Western Australia, Mr G. A. Johnson on behalf of the respondents. Applicant, and Hon. Minister in Charge of Har- Judgment. bour and Light Department, Respondent. THE COMMISSSIONER: This is an application HAVING heard Mr D. E. Maguire on behalf of the by the Amalgamated Engineering Union, the Aus- applicant and Mr G. D. Johnson on behalf of the tralasian Society of Engineers and the Electrical respondent, and by consent, I, the undersigned, Trades Union to amend the Engineering Trades Commissioner of The Western Australian Indus- (Government) Award No. 29 of 1957 and another trial Commission, in pursuance of an allocation to by the Moulders' Union to amend the Moulders' me by the Chief Industrial Commissioner and in (Government) Award No. 19 of 1930, as amended pursuance of the powers contained in section 92 and consolidated in relation to the overtime clause of the Industrial Arbitration Act, 1912-1966, and in those awards. In both awards overtime worked all other powers therein enabling me, do hereby each week day is now paid for at the rate of time order and declare— and a half for the first four horns and double That the Engine Drivers North-West Ports time thereafter except that work performed after Award, No. 44 of 1965, be and the same is here- 5 p.m. on a Saturday and after 10 p.m. on the by amended in accordance with the following other days of the week is paid for at double time schedule and that such amendment shall take unless it is commenced within an hour and a half effect as from the beginning of the first pay of the usual starting time. By the applications the period commencing on or after the date hereof. unions seek payment for overtime at the rate of Dated at Perth this 24th day of February, 1967. time and a half for the first two hours and double [L.S.l (Sgd) J. R. FLANAGAN, time thereafter except for work done after 12 Commissioner. noon on a Saturday and after 10 p.m. on the other days in which case the claim is for double time. Schedule. In addition, the parties, with certain reserva- Clause 17—Wages: Delete this clause and insert tions in respect of the future, have agreed to alter in lieu thereof the following:— the clause in relation to the amount prescribed for meal money. The minutes of the proposed 17.—Wages. order will reflect that agreement. The minimum rates of wages payable to workers The two applications were heard together and covered by this award shall be as follows:— Mr O'Connor adopted the case presented by Mr $ Mutton and hereafter reference will only be made (1) Basic Wage (per week) 33.50 to the Engineering Award. This will be done on (2) Margin per week: the understanding that the decision reached in Locomotive driver 12.95 respect of that award will be applied to the Mobile crane driver 12.95 Moulders' Award. In support of the claim Mr Mutton submitted that the overtime rates recently prescribed by the Commision in the Metal Trades (General) Award ENGINEERING. No. 13 of 1965 (46 W.A.I.G. p. 744) should be applied to the similar types of workers employed (Government.) by the Government and for the reasons stated in Award No. 29 of 1957. the judgment on that award (46 W.A.I.G. 707 at p. 725); that workers with whom engineering MOULDERS. workers are associated, and particularly in the (Government.) Northwest, are paid double time after working two Award No. 19 of 1930. hours' overtime; that in a number of awards applicable to other workers that rate was also BEFORE THE WESTERN AUSTRALIAN prescribed and that for the purposes of the Gov- INDUSTRIAL COMMISSION. ernment Award certain provisions had been No. 428 of 1966. adopted from the aforementioned Metal Trades' Between Coastal District Committee Amalgamated Award or its predecessor. Mr. Salmon supported Engineering Union Association of Workers, the remarks of Mr Mutton and dealt in some and others, Applicants, and Minister for Works detail with the abovementioned decision of the and others, Respondents. Commission and awards to which Government No. 68 of 1967. Departments and the Australian Workers' Union are parties and which contain an overtime rate of Between Federated Moulders (Metals) Union of double time after two hours' overtime. In addi- Workers, Perth, Applicant, and Minister for tion, he stressed that by earlier decisions, workers Works, and others Respondents. associated with each other had been awarded the Before Mr Commissioner D. E. Cort. same overtime rate (41 W.A.I.G. 685 at p. 690 and The 4th day of April, 1967. 42 W.A.I.G. 483 at p. 491). Mr J. Mutton on behalf of the Coastal District Mr Johnson, in opposing the claim, contended Committee Amalgamated Engineering Union As- that the Metal Trades Award No. 13 of 1965 had sociation of Workers. not created a new standard for the payment of 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 221 overtime in that in awards issued after that deci- Those employees are generally employed on sion the rate had not been automatically adopted "essential" work for public utilities and Govern- and on one occasion it had been rejected; that, ment services at large, yet double time after four generally, the reasons for which a high rate was hours was not considered by those concerned as prescribed for overtime did not apply to Govern- being the proper rate to compensate a worker for ment engineering workers who were engaged working overtime and double time has been pre- mainly in essential repair and maintenance work scribed after two hours' overtime. It is difficult for public utilities, namely work on which the to appreciate why Government engineering work- "deterrent rate" of double time should not be ers should be distinguished from those employees. applied after two hours; that at least some of the Even though the awards, to which the Australian factors mentioned in the Metal Trades judgment Workers' Union is a party, were by consent, a did not apply in respect of the Government award situation has been created which, if it had existed and in the past conditions of employment for in 1962, may have affected the decision reached Government and private employees had been differ- in the Government Building Trades case in that ent; that it was not unusual for workers working year. Then the Conciliation Commissioner said— alongside each other to have different conditions . . . The workers to be covered by this award of employment but, in any event, it had not been in many cases work in close association with shown the overtime worked created that situation other workers under awards where the over- and that a tradesman's assistant was classified in time rate of time and a half for the first four the Engineering Award and was entitled to the hours has fairly general application. (42 overtime rate prescribed for tradesmen and not a W.A.I.G. 483 at p. 491.) higher one. Evidence was given by the Works In view of that decision the Building Trades' Manager, Mechanical and Plant Engineer's Work- Award should not be considered in this matter shop, P.W.D. regarding the work carried out in and, in the absence of information to indicate that shop and the reasons for the working of other Government awards which may still prescribe overtime. double time after four hours, it seems that a large In relation to the submission that regard should number of Government employees are now paid be paid to the provisions of the Metal Trades for overtime worked at the rate claimed. On (General) Award, a review of the history of the balance and in all of the circumstances, the rate Engineering (Government) Award indicates that of double time will be allowed for work in excess over the years the overtime clause therein has not of ten hours' work on any day, Monday to Friday followed the one in the general award. A similar inclusive, but on this basis there is no reason to "difference" was referred to by the then Concilia- continue the special rate now applicable for work tion Commissioner in dealing with a building after 10 p.m. trades matter (42 W.A.I.G. 483 at p. 491) when he In the Government awards referred to above, refused to grant Government workers the same overtime worked on a Saturday is more often than overtime rate as that paid in private industry and not paid for at double time after two hours such a difference is not unusual between awards whether that work is done before or after noon, but applicable to "Government industry" and "private double time after 12 noon on a Saturday is be- industry". Furthermore, the background to this coming a feature of awards of the Commission. Government Award is not similar to that outlined That rate has been prescribed as the proper com- in the decision of the Commission in the matter of pensation for the work and should be allowed to the Metal Trades (General) Award. This was a these workers but in doing so it is necessary to factor which caused the Commission to refuse a determine the rate which should be awarded for claim for double time after two hours' overtime time worked before 12 noon. Broadly speaking, (46 W.A.I.G. 1162). Therefore, and bearing in the same overtime rate is prescribed for Saturday mind that when the Engineering Award No. 29 of as for other week days but in my view different 1957 was issued by consent on the 30th May, 1958, considerations apply to work on that day and I the parties did not consider that the then word- see no reason to alter the rate now prescribed ing of the overtime clause of the general award in the award. should be adopted by them, I do not consider that The minutes of the proposed orders will now that award of itself is a reason to grant the claim. issue and the speaking to the minutes, at which Next, consideration has been given to the exhibit the parties may exercise the rights granted to them tendered by the unions which named awards which under section 69, will be held when convenient to prescribed double time after two hours' overtime. the parties. With certain exceptions, to which reference will be made later, the awards in the particular industries Order accordingly, concerned have provided that overtime rate for a number of years and certainly prior to 1958. For BEFORE THE WESTERN AUSTRALIAN example, double time has virtually always been INDUSTRIAL COMMISSION. paid after two hours' overtime in awards in the mining industry and, in the Gold Mining Award, No. 428 of 1966. has been so prescribed since at least 1921. It Between Coastal District Committee Amalgamated follows that these awards also do not support the Engineering Union Association of Workers, claim. and others, Applicants, and Minister for Works, However, it is known, as was mentioned by Mr and others, Respondents. Johnson in respect of New South Wales, that HAVING heard Mr J. Mutton on behalf of awards elsewhere are generally prescribing a the Coastal District Committee Amalgamated higher overtime rate than was previously the case Engineering Union Association of Workers, Mr N. to fairly compensate a worker for being required Jahn on behalf of the State Executive, Australasian to work overtime and for that reason it is appro- Society of Engineers' Industrial Association of priate to review the rate paid in this industry. In Workers, Mr O. Salmon on behalf of the Electrical this respect in this State, since 1958, a number of Trades Union of Workers of Australia (Western awards applicable to Government employees have Australian Branch), Perth, and Mr G. A. Johnson been altered to prescribe a higher overtime rate on behalf of the respondents, I, the undersigned, than the one now payable to engineering workers. Commissioner of The Western Australian Industrial 222 [19 April, 1967.

Commission, in pursuance of an allocation to me Schedule. by the Chief Industrial Commissioner and in pur- Delete subelauses (a) and (b) of clause 14, suance of the powers contained in section 92 of Overtime and Sunday Time, and insert in lieu the Industrial Arbitration Act, 1912-1966, and all thereof:— other powers therein enabling me, do hereby order (a) (i) Except as hereinafter provided, all time and declare:— worked in excess of or outside of the That the Engineering Trades (Government) usual working hours on any day shall Award, No. 29 of 1957, as amended, be and be paid at the rate of time and a half the same is hereby further amended in accord- for the first two hours and double time ance with the following schedule thereafter. Dated at Perth this 5th day of April, 1967. (ii) Where work, other than shift work and (Sgd) D. CORT, other than work performed as provided [L.S.l Commissioner. in clause 13 (a) (iii) hereof, is done on Saturdays the worker shall be paid at the Schedule. rate of time and a half for the first Delete subelauses (a) and (b) of clause 15, four hours and double time thereafter, Overtime and Sunday Time, and insert in lieu but, if work is performed after 12 noon, thereof:— the worker shall be paid double time (a) (i) Except as hereinafter provided, all time for all time so worked. worked in excess of or outside of the (b) When a worker is required for overtime duty usual working hours on any day shall in excess of one hour after the usual ceasing time be paid for at the rate of time and a without being notified the previous day, he shall half for the first two hours and double be supplied with any meal required or be p.aid time thereafter. sixty-five cents for such meal. This subclause shall (ii) Where work, other than shift work and not apply to workers residing within a radius of other than work performed as provided one-half mile of the works. in clause 14 (a) (iii) hereof, is done on Workers required to start work at 12 midnight Saturdays the worker shall be paid at until 6.30 a.m. and ordered back to work at 8 a.m. the rate of time and a half for the first the same day, shall be paid forty-five cents for four hours and double time thereafter, breakfast. but, if work is performed after 12 noon, the worker shall be paid double time for all time so worked. (b) When a worker is required for overtime duty in excess of one hour after the usual ceasing FIREWOOD CUTTING. time without being notified the previous day, he (Mining.) shall be supplied with any meal required or be Award No. 25A of 1946. paid sixty-five cents for such meal. This subclause shall not apply to workers residing within a radius BEFORE THE WESTERN AUSTRALIAN of one-half mile of the works. INDUSTRIAL COMMISSION. Workers required to start work at 12 midnight No. 220 of 1967. until 6.30 a.m. and ordered back to work at 8 a.m. the same day, shall be paid forty-five cents for Between Australian Workers' Union, Westralian breakfast. Branch, Industrial Union of Workers, Appli- cant, and P. J. Frank, Respondent. HAVING heard Mr J. Isherwood on behalf of the MOULDERS. applicant and Mr H. J. de Burgh on behalf of the respondent, and by consent, I, the undersigned, (Government.) Chief Industrial Commissioner of The Western Award No. 19 of 1930. Australian Industrial Commission, in pursuance of BEFORE THE WESTERN AUSTRALIAN the powers contained in section 92 of the Industrial Arbitration Act. 1912-1966, and all other powers INDUSTRIAL COMMISSION. therein enabling me, do hereby order and declare— No. 68 of 1967. That the Firewood Cutting (Eastern Gold- Between Federated Moulders (Metals) Union of fields) Award, No. 25A of 1946, as amended, Workers, Perth, Applicant, and Minister for be and the same is hereby further amended Works, and others, Respondents. in accordance with the following schedule and HAVING heard Mr B. O'Connor on behalf of the that such amendment shall take effect as from applicant and Mr G. A. Johnson on behalf of the the beginning of the first pay period commenc- respondents, I, the undersigned, Commissioner of ing on or after the date hereof. The Western Australian Industrial Commission, in pursuance of an allocation to me by the Chief Dated at Perth this 3rd day of March, 1967. Industrial Commissioner and in pursuance of the (Sgd) S. F. SCHNAARS, powers contained in section 92 of the Industrial I L.S.l Commissioner. Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— That the Moulders' (Government) Award, Schedule. No. 19 of 1930, as amended and consolidated, Delete subelauses (a) and (b) of clause 3—Wages be and the same is hereby further amended and insert in lieu thereof the following:— in accordance with the following schedule. The minimum rates of wage payable to adult Dated at Perth this 5th day of April, 1967. workers shall be:— (Sgd) D. CORT, $ [L.S.l Commissioner. (a) Male Basic Wage (per week) .... 33.50 19 April, 1967.] 223

$ GAOL OFFICERS. (b) Margins (per week)—Adult Males: Award No. 28 of 1961. Woodcutter 3.00 BEFORE THE WESTERN AUSTRLIAN Truck loader 3.00 INDUSTRIAL COMMISSION. Sawyer (mining timber) .... 6.70 No. 309 of 1966. Sawyer (firewood) 4.10 Taller out 2.95 Between the Western Australian Gaol Officers' Motor Wagon Drivers— Union of Workers, Fremantle, Applicant, and Vehicles not exceeding 25 cwt Chief Secretary for State of Western Australia, capacity 6.15 Respondent. Over 25 cwt capacity 7.60 Before Mr Commissioner D. E. Cort. Over 3 tons capacity 9.20 The 30th day of March, 1967. Saw Sharpener 7.70 Mr J. McGivern on behalf of the applicant. Labourer 1.00 Mr G. A. Johnson on behalf of the respondent. Judgment. THE COMMISSIONER: This is an application by the Gaol Officers' Union of Workers to amend clause 6, Allowances and Special Provisions, of the GLASS TRADES. Gaol Officers Award No. 28 of 1961 issued on the Award No. 20 of 1956. 15th December, 1961. The applicant seeks an allowance of fifteen cents per day for "wood gang BEFORE THE WESTERN AUSTRALIAN officers" employed at outstations and that allow- INDUSTRIAL COMMISSION. ance is the one now paid under subclause (4) of No. 195 of 1967. clause 6, to an officer rostered for disciplinary duties in the workshop or engaged in truck driving Between the United Furniture Trades Industrial or employed as a native officer. Union of Workers, W.A., Applicant, and West- Mr McGivern outlined the history of the award ern Glass Works Pty Ltd, and others, Respond- so far as each of the existing allowances was ents. concerned and submitted that the duties and re- HAVING heard Mr H. Cox on behalf of the appli- sponsibilities of wood gang officers exceeded those cant and Mr H. J. de Burgh on behalf of the re- of officers generally and were at least comparable spondents, and by consent, I, the undersigned, with the duties and responsibilities of other officers Commissioner of The Western Australian Indus- in receipt of the allowance. Evidence was called trial Commission, in pursuance of an allocation to from an officer rostered for disciplinary duties and me by the Chief Industrial Commissioner and in from a wood gang officer. pursuance of the powers contained in section 92 of Mr Johnson contended that the work of a wood the Industrial Arbitration Act, 1912-1966, and all gang officer was no different from the work of other powers therein enabling me, do hereby order prison officers generally for which the margin was and declare—■ prescribed; that the work had been carried out That the Glass Trades Award, No. 20 of for many years and that in the other States no such 1956, as amended, be and the same is hereby allowance was prescribed. The Comptroller General further amended in accordance v/ith the fol- of Prisons gave evidence on the work and com- lowing schedule and that such amendment pared it with that performed by other prison shall take effect as from the beginning of the officers and he discussed the allowances already first pay period commencing on or after the granted. date hereof. Over the years, each of the existing allowances has been included in the determination covering Dated at Perth this 17th day of March, 1967. gaol officers by agreement between the parties and [L.S.] (Sgd) J. R. FLANAGAN, therefore, this is the first occasion on which an Commissioner. industrial authority in this State has been called upon to determine any industrial dispute thereon. This is important in that Mr Johnson contended the officer's margin covered the work and, Schedule. in pointing out that a similar allowance was not 1. Clause 17—Leading Hands: Delete this prescribed in awards applicable in the other clause and insert in lieu thereof the following:— States, he mentioned that in fixing the margins the parties had regard to the margins prescribed in 17.—Leading Hands. those awards. This does not assist the respondent In addition to the margins prescribed in however, for those awards do not contain any allow- clause 31 of this Award, Leadings Hands shall ances similar to the ones already prescribed in sub- be paid two dollars and thirty cents per week. clause (4) of clause 6, and in addition to the If in charge of three and not more than ten margins also agreed between the parties. other workers. Allowances of the nature specified in subclause 2. Clause 31—Wages: Delete subclauses (a) and (4) are sometimes, but not always, granted to (b) and insert in lieu thereof the following:— workers who carry out extraneous duties. If this $ application were concerned with the prescription (a) Basic Wage (per week) 33.50 for the first time of an allowance for prison officers, (b) Margins—Adults (per week): it may well be that the claim would be refused even if the duties involved were considered extraneous Drawer and designer 17.50 to the general duties of a prison officer. The Glass beveller 15.50 reasons for such a refusal could be similar to those Glass silverer 15.50 set out in a decision affecting Local Government Leadlight glazier 15.50 Officers (45 W.A.I.G. p. 67). In that case the ex- traneous duties and responsibilities of the officers Glass sandblaster ... 15.50 under discussion required a "lesser skill" than those General labourer ... 0.30 usually performed by those officers. 224 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

On the submissions of Mr Johnson and the evi- GRAIN HANDLING. dence of the Comptroller General, it may be more (Salaried Officers.) desirable in the future to consider the duties speci- fied in subclause (4) as being part of the usual Award No. 37 of 1965. duties of a prison officer for which his margin is BEFORE THE WESTERN AUSTRALIAN fixed but that is not the principal question raised INDUSTRIAL COMMISSION. before this Commission. That question is whether wood gang officers should receive the same wage No. 182 of 1967. as other officers specified in the subclause. In 1961 Between Western Australian Grain Handling the parties did agree to distinguish the wood gang Salaried Officers' Association Union of officers and other officers in charge of working Workers, Applicant, and Co-operative Bulk parties from those in receipt of the allowance but Handling Limited, Respondent. the union now feels that time has revealed an HAVING heard Mr W. Kildea on behalf of the error which should be corrected. It follows that in applicant and Mr H. J. de Burgh on behalf of the that time it should have also discovered any other respondent, and by consent, I, the undersigned. "error" which may have existed insofar as other Commissioner of The Western Australian Industrial officers in charge of working parties are concerned. Commission, in pursuance of an allocation to me On a consideration of the matters raised the by the Chief Industrial Commissioner and in Commission is satisfied that the duties and respon- pursuance of the powers contained in section 92 sibilities of a wood gang officer are so similar to of the Industrial Arbitration Act, 1912-1966, and those of other workers in receipt of the allow- all other powers therein enabling me, do hereby ance that it would be anomalous if the allowance order and declare— were not paid as claimed. The anomaly which now exists was created by the parties in the first That the Grain Handling Salaried Officers place and it seems that the situation can best be Award, No. 37 of 1965, be and the same is met by granting the claim. It may well be that hereby amended in accordance with the fol- the officers in the subclause should not receive a lowing schedule and that such amendment higher wage than other prison officers because their shall take effect as from the beginning of the duties are concerned basically with the mainten- first pay period commencing on or after the ance of good order and discipline but that is a date hereof. matter which can only be considered properly when Dated at Perth this 10th day of March, 1967. the marginal rates as a whole are under review. (Sgd) D. CORT, Order accordingly. [L.S.] Commissioner. Schedule. BEFORE THE WESTERN AUSTRALIAN Clause 28—Salaries; Delete subclauses (1) and INDUSTRIAL COMMISSION. (5) and insert in lieu thereof the following:— No. 309 of 1966. $ Between the Western Australian Gaol Officers' (1) Basic Wage (per week) 33.50 Union of Workers, Fremantle, Applicant, and (5) Classification and annual margin Chief Secretary for the State of Western Aus- over basic rate: tralia, Respondent. (a) Country Grain Handling— HAVING heard Mr J. McGivern on behalf of the Chief Superintendent 3835 applicant and Mr G. A. Johnson on behalf of the Assistant Chief Superinten- respondent, I, the undersigned, Commissioner of dent 2708 The Western Australian Industrial Commission, in Superintendent 2288 pursuance of an allocation to me by the Chief Superintendent/ Supervisor .... 1970 Industrial Commissioner and in pursuance of the Supervisor 1652 powers contained in section 92 of the Industrial Transport Officer 1478 Arbitration Act, 1912-1966, and all other powers Pest Control Supervisor 1427 therein enabling me, do hereby order and declare— Pest Control Officer 1042 That the Gaol Officers' Award, No. 28 of 1961, as amended, be and the same is hereby (b) Terminal Grain Handling— further amended in accordance with the fol- Chief Superintendent 3179 lowing schedule. Superintendent (Fremantle) .. 2236 Superintendent (other) 1990 Dated at Perth this 30th day of March, 1967. Assistant Superintendent (Sgd) D. CORT. (Fremantle) 1683 [L.S.] Commissioner. Assistant Superintendent (other) 1529 Supervisor (Fremantle) 1334 Schedule. Foreman 1242 Clause 6—Allowances and Special Provisions: (c) Country Standard Construction Delete subclause (4) of this clause and insert in and Maintenance— lieu thereof— Buying Officer and Superin- (4) An officer— tendent 3056 (a) rostered for disciplinary duties in the Superintendent 2503 workshop; or Assistant Superintendent 1970 (b) engaged in truck driving; or Inspector 1785 (c) employed as native officer; or Foreman 1109 (d) employed as wood-gang officer at an out- Weighbridge Installation and station Maintenance Supervisor .... 1314 shall be paid an allowance of fifteen cents per day Elevator Maintenance Super- whilst so employed. visor .... 1314 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 225

(d) Engineering— $ Schedule. Engineer 4194 Delete subclauses (a) and (b) of Clause 7— Assistant Engineer 2810 Wages and insert in lieu thereof the following:— Workshop Superintendent .... 2359 $ Mechanical Maintenance (a) Male Basic Wage (per week) 33.50 Superintendent 2042 Electrical Maintenance (b) Margins (per week): Superintendent 2042 (i) Weighbridge Officers 4.95 Workshop Foreman 1908 (ii) Bin attendants, pest control Draughtsman 1632 operators and maintenance Technical Assistant 1580 workers— Workshop Liaison Officer .... 1334 First 12 months' continuous (e) Financial Administration- experience 5.30 Secretary 3835 Second 12 months' continuous Finance and Budget Control experience 7.55 Officer 3179 Superannuation and Audit Thereafter 9.70 Officer 3056 Planning and Investigation Officer 2687 Accountant 2687 Assistant Secretary 1872 Assistant Accountant 1872 HOSPITAL EMPLOYEES. Assistant Superannuation and (Perth Dental Hospital.) Audit Officer 1683 Assistant Buying Officer . .. 1580 Award No. 14 of 1966. (f) Data Processing— BEFORE THE WESTERN AUSTRALIAN Controller .... . 3056 INDUSTRIAL COMMISSION Planner 2349 Supervisor 1580 No. 213 of 1967. (g) Grain Inspection — Sample Between: Hospital Employees' Industrial Union of Room— Workers, W.A., Applicant, and Board of Superintendent 2195 Management, Perth Dental Hospital, Respon- Officer-in-charge 1304 dent. Operator 575 HAVING heard Mr A. Wark on behalf of the (h) Laboratory— applicant and Mr G. A. Johnson on behalf of the Chemist 2113 respondent, and by consent, I, the undersigned, Assistant 626 Commissioner of The Western Australian Industrial (i) Transfer Depots— Commission, in pursuance of an allocation to me Supervisor 1529 by the Chief Industrial Commissioner and in Foreman 1242 pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby GRAIN HANDLING. order and declare:— i Country Sidings.) That the Hospital Employees (Perth Dental Hospital) Award, No. 14 of 1966, be and the Award No. 12 of 1962. same is hereby amended in accordance with the BEFORE THE WESTERN AUSTRALIAN following schedule and that such amendment INDUSTRIAL COMMISSION. shall take effect as from the date hereof. No. 242 of 1967. [L.S.] Commissioner. Between Australian Workers' Union, Westralian Dated at Perth this 17th day of February, 1967. Branch, Industrial Union of Workers, Appli • (Sgd) D. CORT, cant, and Co-operative Bulk Handling Limited, Respondent. HAVING heard Mr J. Isherwood on behalf of the applicant and Mr H. J. de Burgh on behalf of the Schedule. respondent, and by consent, I, the undersigned, Clause 13—Wages: Delete paragraph (2) and Chief Industrial Commissioner of The Western insert in lieu thereof the following:— Australian Industrial Commission, in pursuance of (2) Classifications and margin per week the powers contained in section 92 of the Indus- over basic wage: $ trial Arbitration Act, 1912-1966, and all other (a) Senior dental technician, Perth powers therein enabling me, do hereby order and Dental Hospital 25.50 declare— (b) Dental technician advanced (as That the Grain Handling (Country Sidings) defined ...... 23.50 Award, No. 12 of 1962, as amended, be and the same is hereby further amended in accord- (c) Dental technician 16.00 ance with the following schedule and that (d) Head orderly 9.50 such amendment shall take effect as from the (e) Orderlies 4.55 beginning of the first pay period commencing (f) Linen supervisor 4.20 on or after the date hereof. An allowance of twenty cents shall be Dated at Perth this 3rd day of March, 1967. paid to an orderly in respect of any day [L.S.3 (Sgd) S. F. SCHNAARS, on which he is required to do auto- Commissioner. claving. 226 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

HOSPITAL EMPLOYEES. HOSPITAL EMPLOYEES. (Home of Peace.) (Nursing Aides and Assistants—Government.) Award No. 26 of 1960. Award No. 40 of 1959. BEFORE THE WESTERN AUSTRALIAN BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. No. 245 Of 1967. No. 246 of 1967. Between the Hospital Employees' Industrial Union of Workers of W.A., Applicant, and The Home Between Hospital Employees' Industrial Union of of Peace Incorporated, Respondent. Workers, W.A., Applicant, and the Minister for HAVING heard Mr A. Wark on behalf of the Health, and others, Respondents. applicant and Mr D. L. Hosking on behalf of the HAVING heard Mr A. R. Wark on behalf of the respondent, and by consent, I, the undersigned applicant and Mr L. Kitchen on behalf of the Commissioner of The Western Australian Industrial respondents, and by consent, I, the undersigned, Commission, in pursuance of an allocation to me by Chief Industrial Commissioner of The Western Aus- the Chief Industrial Commissioner and in pursuance tralian Industrial Commission, in pursuance of the of the powers contained in section 92 of the Indus- powers contained in section 92 of the Industrial trial Arbitration Act, 1912-1966, and all other pow- Arbitration Act, 1912-1966, and all other powers ers therein enabling me, do hereby order and therein enabling me, do hereby order and declare— declare— That the Nursing Aides and Assistants (Gov- That the Hospital Employees' (Home of ernment) Award, No. 40 of 1959, as amended, Peace) Award, No. 26 of 1960, as amended, be be and the same is hereby further amended in and the same is hereby further amended in accordance with the following schedule and accordance with the following schedule and that such amendment shall take effect as from that such amendment shall take effect as from the beginning of the first pay period commenc- the beginning of the first pay period commenc- ing on or after the date hereof. ing on or after the date hereof. Dated at Perth this 24th day of February, 1967. Dated at Perth this 3rd day of March, 1967. (Sgd) J. R. FLANAGAN, [L.S.] (Sgd) S. F. SCHNAARS, CL.S.l Commissioner. Commissioner. Schedule. Clause 17—Wages: Delete subclauses (a), (b) Schedule. and (c) and insert in lieu thereof the following:— Clause 29—Wages: Delete subclauses (a) and (b) (a) Basic Wage (per week): $ and insert in lieu thereof the following:— Males 33.50 (a) Females (per cent, of basic wage): % Females 25.13 (i) Nursing Assistants under 19 years (b) Adult Males (margin over male basic of age— wage per week): 1st year 55 (i) Orderlies—Ward— 2nd year 65 First year of service 3.85 3rd year 73 Second year of service 4.40 $ Thereafter 5.70 Margin over basic wage: Others— First year of Service 3.50 (ii) Nursing Assistant at 19 years of Thereafter 4.15 age and over but with less than Head Orderly appointed as 12 months' experience— such by the employer shall be 1st six months 2.25 paid the following extra weekly 2nd six months 3.20 allowance in addition to the (iii) At 19 years of age and over, but rate prescribed herein:— with at least 12 months' experi- First year 2.70 ence— Thereafter 3.90 1st year 4.80 (ii) Kitchenman— Thereafter 6.80 First year of service 3.50 (iv) Trainee Nursing Aides (per cent, of Thereafter 4.15 basic wage)— % (iii) Foreman Laundryman— Under 19 years of age 521 Grade 1 6.25 At 19 years of age and over .... 100 Grade 2 7 95 (v) Registered Nursing Aides under 19 Grade 3 9.25 years of age (per cent, of basic Grade 4 11.00 wage)— (c) Adult Females (margin over female 1st year 70%+$3.70 basic wage per week): Thereafter 70%+$4.80 Wardsmaids, Kitchenmaids, House- Margin over basic wage: $ maids and Waitresses (over 19 (vi) Registered Nursing Aides at 19 years of age) 3.05 years of age and over— First cook or when only one is em- 1st year 8.15 Ployed 7.00 Thereafter 9.35 Other cooks 5.90 A Nursing Assistant who is ac- Laundresses 2^95 cepted for training as a Nursing Senior maids who are appointed as such "by Aide shall receive wages not less the employer shall be paid seventy-five cents than she would have received had per week in addition to the rates prescribed she continued as a Nursing Assist- herein. ant. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(b) Males (per cent, of basic wage): % $ (i) Trainee Nursing Aides— (iv) Adult nursing assistants (over 19 17-19 years of age 50 years of age, with at least one year's At 20 years of age and over .... 100 experience)— During first year's experience as (ii) Qualified Nursing Aides— adult 4.45 Under 20 years of age— During second year's experience as 1st year 70%+$3.70 adult 5.55 Thereafter 70%+$4.80 Thereafter 6.80 Margin over basic wage— $ (v) Registered nursing aides (at 19 20 years of age and over— 1st year 8.15 years and over)— Thereafter 9.35 First year 6.90 Second year 8.15 Thereafter 9.35

HOSPITAL EMPLOYEES. (Nursing Assistants—Home of Peace.) HOSPITAL EMPLOYEES. Award No. 27 of 1960. (Ngal-a Mot her era ft Training Centre.) BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. Award No. 6A of 1958. BEFORE THE WESTERN AUSTRALIAN No. 247 of 1967. INDUSTRIAL COMMISSION. Between the Hospital Employees' Industrial Union of Workers of W.A., Applicant, and The Home No. 248 of 1967. of Peace Incorporated, Respondent. Between the Hospital Empolyees' Industrial Union HAVING heard Mr A. Wark on behalf of the of Workers, W.A., Applicant, and Ngal-a applicant and Mr D. L. Hosking on behalf of the Mothercraft Training Centre, Respondent. respondent, and by consent, I, the undersigned, HAVING heard Mr A. Wark on behalf of the appli- Commissioner of The Western Australian Industrial cant and Mr D. L. Hosking on behalf of the Commission, in pursuance of an allocation to me respondent, and by consent, I, the undersigned, by the Chief Industrial Commissioner and in pur- Commissioner of The Western Australian Industrial suance of the powers contained in section 92 of the Commission, in pursuance of an allocation to me by Industrial Arbitration Act, 1912-1966, and all other the Chief Industrial Commissioner and in pursuance powers therein enabling me, do hereby order and of the powers contained in section 92 of the Indus- declare— trial Arbitration Act, 1912-1966, and all other That the Hospital Employees' (Nursing powers therein enabling me, do hereby order and Assistants—Home of Peace) Award, No. 27 of declare— 1960, as amended, be and the same is hereby That the Hospital Employees' (Ngal-a further amended in accordance with the follow- Mothercraft Training Centre) Award, No. 6A of ing schedule and that such amendment shall 1958, as amended be and the same is hereby take effect as from the beginning of the first further amended in accordance with the follow- pay period commencing on or after the date ing schedule and that such amendment shall hereof. take effect as from the beginning of the first Dated at Perth this 24th day of February, 1967. pay period commencing on or after the date hereof. (Sgd) J. R, FLANAGAN. [L.S.] Commissioner. Dated at Perth this 24th day of February, 1967. (Sgd) J. R. FLANAGAN, [L.S.] Commissioner. Schedule. Clause 22—Wages: Delete this clause and insert in lieu thereof the following;.— Schedule. Clause 22—Wages. Clause 29—Wages: Delete this clause and insert (a) Wages shall be paid at least fortnightly. in lieu thereof the following:— (b) The minimum rates of pay to workers cov- Clause 29—Wages. ered by this award shall be as follows:— The minimum rates of wages payable to workers (i) Basic Wage (per week): $ covered by this award shall be as follows:— Females 25.13 (ii) Junior nursing assistants (with full (a) Basic Wage (per week): $ board and lodging) per cent of Males 33.50 female basic wage per week: % Females 25.13 First year's experience 55 (b) Adult Males (margin over male basic Second year's experience 65 wage per week): Third year's experience 73 Cooks— Margin over female basic wage per First cook, where more than one week: $ is employed 8.45 (iii) Adult nursing assistants (over 19 Other cooks 6.85 years of age, but with less than 12 Where only one cook is employed 7.50 months' experience)— Orderly 4.20 First six months 1.95 Gardener where only one is emp- Second six months 2.95 ployed .... 6.75 228 [19 April, 1967.

(c) Adult Females (margin over female $ $ basic wage per week): Cooks— Laundryman 4.10 First cook, where more than one is Orderly 3.40 employed 7.00 Kitchenman, handyman, Other Cooks 5.90 gardener 3.40 Where only one cook is employed 6.45 Unclassified worker Nil Wardsmaids, kitchenmaids, house- Provided that Orderlies engaged as maids and waitresses 3.30 shaving or theatre Orderlies or as Laundress working singly .... 3.40 boiler firing Orderlies who require a First laundress where more than certificate under the Machinery Act one employed .... 3.65 shall be entitled to be paid seventy- Ironers and pressers and other five cents per week in addition to the laundresses .... 3.25 rates prescribed herein. Seamstress on alterations 3.55 (c) Adult Females (margin over female basic wage per week): Cooks— Where two or more cooks are employed— HOSPITAL EMPLOYEES. First cook 5.10 (Private Hospitals.) Other cooks 4.00 Award No. 26 of 1956. Where only one cook is employed 4.30 BEFORE THE WESTERN AUSTRALIAN Wardsmaids, kitchenmaids, INDUSTRIAL COMMISSION. housemaids, and waitresses .... 2.40 Senior maids, appointed as such No. 249 of 1967. by the employer, shall be paid Between the Hospital Employees' Industrial Union fifteen cents per day in addition of Workers of W.A., Applicant, and St. John to the rates prescribed herein. of God Hospital, Mount Hospital, and others, Laundresses 2.40 Respondents. Ironers and pressers 2.65 HAVING heard Mr A. Wark on behalf of the ap- Wash-house woman 3.20 plicant and Mr D. L. Hosking on behalf of the Unregistered nurses— respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Indus- First year 3.20 trial Commission, in pursuance of an allocation to Thereafter 4.20 me by the Chief Industrial Commissioner and in Registered Nursing Aide— pursuance of the powers contained in section 92 of First year 5.20 the Industrial Arbitration Act, 1912-1966, and all Thereafter 6.40 other powers therein enabling me, do hereby order and declare— (d) Junior Male Workers (per cent, of male basic wage per week) % That the Private Hospital Employees Award, First year's experience 60 No. 26 of 1956, as amended, be and the same is hereby further amended in accordance with Second years' experience 75 the following schedule and that such amend- Third year's experience and there- ment shall take effect as from the beginning after until 21 years of age .... 90 of the first pay period commencing on or after At 21 years of age—full adult rate. the date hereof. (e) Junior Female Workers (per cent, of Dated at Perth this 24th day of February, 1967. female basic wage per week): First year's experience 62.5 [L.S.] (Sgd) J. R. FLANAGAN. Commissioner. Second year's experience 72.5 Third year's experience and there- after until 20 years of age .... 85 Schedule. At 20 years of age—full adult rate. Clause 19—Wages:—Delete this clause and in- sert in lieu thereof the following:— HOSPITAL EMPLOYEES. 19—Wages. (Domestics—Government.) The minimum rates of wages payable to workers covered by the award shall be as follows:— Award No. 21 of 1966. (a) Basic Wage (per week): $ BEFORE THE WESTERN AUSTRALIAN Males 33.50 INDUSTRIAL COMMISSION. Females 25.13 No. 259 of 1967. (b) Adult Males (margin over male basic wage per week): Between Hospital Employees' Industrial Union of Workers, W.A., Applicant, and Minister for Cooks— Health, and others, Respondents. Where two or more cooks are HAVING heard Mr A. R. Wark on behalf of the employed— applicant and Mr L. Kitchen on behalf of the First cook 6.90 respondents, and by consent, I, the undersigned, Other cooks 5.15 Chief Industrial Commissioner of The Western Where only one cook is employed 5.70 Australian Industrial Commission, in pursuance of 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. the powers contained in section 92 of the Industrial Margin over basic wage per annum: Arbitration Act, 1912-1966, and all other powers Margin over basic wage per annum: therein enabling me, do hereby order and declare— (2) Assistant Town or Shire Clerk, That the Hospital Domestics (Government) Treasurer or Accountant, Chief Clerk Award, No. 21 of 1966, as amended, be and the or Assistant Engineer. same is hereby further amended in accordance Revenue. with the following schedule and that such Exceeding $20,000 but not exceeding amendment shall take effect as from the $40,000 beginning of the first pay period commencing Exceeding $40,000 but not exceeding on or after the date hereof. $60,000 Dated at Perth this 3rd day of March, 1967. Exceeding $60,000 but not exceeding (Sgd) S. P. SCHNAARS, $80,000 [L.S.l Commissioner. Exceeding $80,000 but not exceeding $100,000 Exceeding $100,000 but not exceed- Schedule. ing $140,000 Clause No. 36—Wages: Delete items (vi) and Exceeding $140,000 but not exceed- (vii) of paragraph (h) of subclause (2) and insert ing $200,000 in lieu thereof the following:— Exceeding $200,000 but not exceed- $ ing $300,000 .... (vi) Driver of motor vehicle not exceed- Exceeding $300,000 but not exceed- ing 25 cwt capacity 8.60 ing $400,000 Exceeding 25 cwt, but not exceed- Exceeding $400,000 but not exceed- ing 3 tons capacity 10.10 ing $600,000 Exceeding 3 tons capacity 11.70 Exceeding $600,000 but not exceed- (vii) Hospital bus driver 10.60 ing $900,000 Exceeds $900,000 (3) Clerical Workers: (a) Male (per cent of male basic wage LOCAL GOVERNMENT OFFICERS. per week): (General Officers.) Under 16 years of age Award No. 4 of 1964. 16 to 17 years of age 17 to 18 years of age BEFORE THE WESTERN AUSTRALIAN 18 to 19 years of age INDUSTRIAL COMMISSION. 19 to 20 years of age No. 228 of 1967. Margin over male basic wage per Between: West Australian Local Government week. Officers' Association Union of Workers, Perth, 20 to 21 years of age Applicant, and City of Nedlands and Others, First year of adult service Respondents. Second year of adult service .... HAVING heard Mr A. Sorensen on behalf of the Third year of adult service ... applicant and Mr G. J. Martin on behalf of the Fourth year of adult service respondents, and by consent, I, the undersigned, and thereafter Chief Industrial Commissioner of The Western Provided that a worker with at Australian Industrial Commission, in pursuance of least six years of adult service the powers contained in section 92 of the Industrial shall be paid Arbitration Act, 1912-1966, and all other powers (b) Female (per cent, of female basic therein enabling me, do hereby order and declare— wage per week) — That the Local Government (General Under 16 years of age Officers) Award, No. 4 of 1964, as amended, be 16 to 17 years of age and the same is hereby further amended in 17 to 18 years of age accordance with the following schedule and 18 to 19 years of age that such i amendment shall take effect as Margin over female basic wage from the beginning of the first pay period per week— commencing on or after the date hereof. 19 to 20 years of age Dated at Perth this 3rd day of March, 1967, 20 to 21 years of age (Sgd) S. F. SCHNAARS, First year of adult service [L.S.l Commissioner. Second year of adult service .... Third year of adult service Provided that a worker with at Schedule. least five years of adult Clause 26—Salaries: Delete this clause and insert service shall be paid in lieu thereof the following:— Adult stenographers, comptometrists 26.—Salaries. or calculating or ledger machine The minimum rates of salaries to be paid to operators shall be paid one dollar workers covered by this award shall be as follows per week in addition to the rates in except that nothing contained herein shall prelude paragraph (b) of subclause (3) above. an employer from paying a higher rate than that (4) Classified clerical officers (male or shown:— female): Salaries Revenue. (1) Basic Wage (per week): $ (a) Not exceeding $40,000—The mar- Male 33.50 gins prescribed in subclause (3) Female 25.13 hereof. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

$ $ (b) Margin per annum— (6) A deduction may be made from the Exceeding $40,000 but not salary of a caretaker for quarters sup- exceeding $100,000. plied by the employer. The amount A Grade * 1,139 to be deducted shall be fixed by agree- B Grade 1,055 ment between the employer and the C Grade 1,026 worker concerned or, in default of D Grade 994 agreement by the Board of Reference. (c) Margin per annum— (7) Qualified engineer (as defined in clause Exceeding $100,000 but not 6—Definitions)— exceeding $200,000. The rates elsewhere prescribed herein A Grade 1,232 shall apply to a qualified engineer but B Grade 1,139 he shall be paid not less than .... 1,549 C Grade 1,055 Or if he is a graduate 1,851 D Grade 1,025 (8) Experienced Engineer (as defined in (d) Margin per annum— clause 6—Definitions)—• 3,280 Exceeding $200,000. A Grade 1,316 (9) For the purpose of the foregoing, B Grade 1,232 revenue shall be calculated in accord C Grade 1,139 with the provision of subclause (1) of D Grade 1,055 clause 6—Definitions. (5) Other Classified Workers (margin per (10) For the purpose of adjustment and annum): payment, the weekly salaries shall be (a) Town planning officer (qualified) 2,097 calculated as l/52nd of the annual (b) Town planning officer 1,367 salary. (c) Building surveyor employed by a (11) Temporary Workers — Temporary municipality which had during workers shall be paid at the rate of ten the preceding year a population per cent, in addition to the rates pres- in excess of 15,000 persons .... 1,941 cribed herein. (d) Building surveyor—other .... 1,627 (12) When a worker absents himself from (e) Building inspector 1,316 duty without reasonable cause or (f) Head foreman 1,400 through sickness for which he is not (g) Works foreman or overseer entitled to payment under clause 16— A Grade 1,316 Sick Leave, the employer may deduct B Grade 1,109 from his salary a sum proportionate (h) Curator or foreman gardener—• to that time of absence. A Grade 1,316 B Grade 1,109 (i) Foreman—electricity undertaking 1,316 (j) Supervisor—water supply— A Grade 1,316 B Grade 1,109 (k) Storekeeper 984 LOCAL GOVERNMENT OFFICERS. (1) Collector (rates, electric light (Shire of Perth.) undertaking) 795 Award No. 2 of 1965. (m) Meter reader 639 (n) Traffiic inspector 900 BEFORE THE WESTERN AUSTRALIAN (o) Traffic inspector conducting his INDUSTRIAL COMMISSION. own cases 1,004 No. 229 of 1967. (p) Traffic inspector—senior 1,109 (q) Swimming Pool Manager 900 Between West Australian Local Government (r) Engineering assistants— Officers' Association Union of Workers, Perth, (i) First six months of service .... 1,055 Applicant, and Shire of Perth, Respondent. (ii) Second six months of service 1,211 HAVING heard Mr A. Sorensen on behalf of the (iii) Second year of service .... 1,336 applicant and Mr G. J. Martin on behalf of the (iv) Third year of service 1,461 respondent, and by consent, I, the undersigned, (v) Fourth year of service .... 1,627 Chief Industrial Commissioner of The Western (vi) Fifth year of service 1,836 Australian Industrial Commission, in pursuance of (s) Trainee engineering assistants— the powers contained in section 92 of the Indus- With Leaving Certificate-— trial Arbitration Act, 1912-1966, and all other 19 to 20 years of age 270 powers therein enabling me, do hereby order and 20 to 21 years of age 524 declare— 21 to 22 years of age 688 That the Shire of Perth Officers' Award, at 22 years of age 842 No. 2 of 1965, as amended, be and the same Otherwise— is hereby further amended in accordance with 19 to 20 years of age 98 the following schedule and that such amend- 20 to 21 years of age 340 ment shall take effect as from the beginning 21 to 22 years of age 503 of the first pay period commencing on or after at 22 years of age 668 the date hereof. (t) Caretaker—full time 628 (u) Caretaker—part time: The rate Dated at Perth this 3rd day of March, 1967. of salary shall be as agreed be- [L.S.I (Sgd) S. F. SCHNAARS, tween the union and employer. Commissioner. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

Schedule. Land and Property Officer— $ 1st year 1.859 Clause 20—Salaries: Delete this clause and insert 2nd year 1,978 in lieu thereof the following:— 3rd year 2,097 20.—Salaries. Head Foreman— The minimum rates of salaries to be paid to 1st year 1,775 workers covered by this award shall be as follows:— 2nd year 1,894 basic wage per annum): 3rd year 2,013 $ Building Inspector— Adult males 33.50 1st year 1,711 Adult females 25.13 2nd year 1,877 (2) Classified Adult Males (margin over 3rd year 2,043 basic wage per annum): Rates Clerk— Shire Clerk— 1st year 1,859 1st year 4,811 2nd year 1,978 2nd year 5,082 3rd year 2,097 3rd year 5,352 Foreman Gardener— 4th year 5,623 1st year 1,402 5th year 5,893 2nd year 1,519 Shire Treasurer— 3rd year 1,638 1st year 3,800 Wages and Cost Clerk— 2nd year 3,962 1st year 1,506 3rd year 4,124 2nd year 1,568 3rd year 1,627 Assistant Shire Clerk— Sanitary Foreman— 1st year 3,384 1st year 1,267 2nd year 3,546 2nd year 1,385 3rd year 3,708 3rd year 1,502 Chief Health Inspector— Works Foreman— 1st year 3,237 1st year 1,182 2nd year 3,310 2nd year 1,301 3rd year 3,386 3rd year 1,420 Senior Librarian—• Correspondence Clerk— 1st year 2,939 1st year 1,150 2nd year 3,042 2nd year 1,295 3rd year 3,251 3rd year 1,420 Assistant Treasurer— Conveyancing Officer— 1st year 2,822 1st year 1,078 2nd year 2,954 2nd year 1,197 3rd year 3,085 3rd year 1,316 Assistant Rates Clerk— Assistant Building Surveyor— 1st year 1,121 1st year 2,460 2nd year 1,238 2nd year 2,720 3rd year 1,357 3rd year 2,980 Cashier— Technical Officer— 1st year 1,121 1st year 3,236 2nd year 1,238 2nd year 3,310 3rd year 1,357 3rd year 3,386 Verifying Officer— Planning Officer— 1st year 1,078 1st year 1,890 2nd year 1,197 2nd year 2,402 3rd year 1,316 3rd year 2,915 Engineers: The minimum rates of 4th year 3,427 salary for the Shire Engineer, 5th year 3,940 Building Surveyor, Shire Planner, Senior Executive Engineer, Execu- Cost Accountant— tive Engineers and other qualified 1st year 2,730 Engineers shall be as contained 2nd year 2,855 in the award made pursuant to 3rd year 2,980 the Commonwealth Conciliation Assistant Chief Health Inspector— and Arbitration Act known as the 1st year 2,808 Professional Engineers (Shire of 2nd year 2,878 Perth) Award, 1965 as amended 3rd year 2,950 and replaced from time to time. Engineering Assistants (margin Senior Building Inspector— over male basic wage per annum): 1st year 2,095 $ 2nd year 2,226 First six months 1,201 3rd year 2,357 Second six months 1,283 Sub Accountant— Second year 1,437 1st year 2,156 Third year 1,746 2nd year 2,287 Fourth year 2,002 3rd year 2,419 Fifth year 2,253 232

Providing that an Engineering Margin over female basic wage per Member of the Institute of Engineers annum: $ shall be placed on the first year 19 to 20 years of age.... 108 margin of a qualified engineer. 20 to 21 years of age 203 (3) Classified Adult Females (margin 21 years of age or 1st year of adult over female basic wage per annum): service 434 Welfare Officer— $ 22 years of age or 2nd year of adult service 546 1st year 1,075 2nd year 1,122 23 years of age or 3rd year of adult 3rd year 1,164 service 631 Secretary to Shire Clerk— 24 years of age or 4th year of adult 3rd year 1,255 service 665 Typist to Shire Engineer— 25 years of age or 5th year of adult 1st year 850 service 700 2nd year 907 Adult female clerical officers (and who 3rd year 967 are not in classified positions) when Cashier— performing work as a stenographer, comptometer or calculating 1st year 1,104 machine operator shall receive 2nd year 1,221 seventy-five cents per week in 3rd year 1,340 addition to the above rates. Ledger Keeper—General— Junior female stenographers, comp- 1st year 959 tometer or calculating or ledger 2nd year 1,016 machine operators shall receive in 3rd year 1,073 addition to the rate herein pre- Ledger Keeper-Rates Ledger— scribed:— 1st year 850 At 18 years of age—thirty cents 2nd year 907 per week. 3rd year 967 At 19 years of age—forty cents Asisstant qualifying as a Graduate per week. Senior Pool Typist— At 20 years of age—fifty cents 1st year 754 per week. 2nd year 805 3rd year 858 (6) Library Staff (per cent, or margin Telephonist— over male or female basic wage per 1st year 694 annum): 2nd year 737 3rd year 780 (a) Other than student, graduate or qualified librarians— (4) Male Clerical Officers (per cent, of General—• % male basic wage): 15 years ■ 65 % 16 years 75 Under 16 years of age 50 17 years 90 16 to 17 years of age 60 18 years 100 17 to 18 years of age 70 $ 18 to 19 years of age 85 19 years 140 20 years 237 19 to 20 years of age 100 21 years 438 Margin over male basic wage per 22 years 536 annum: 23 years 607 $ 24 years 686 20 to 21 years of age 189 25 years 758 21 years of age or 1st year of adult service 401 (b) Student Librarians— 22 years of age or 2nd year of adult 1st year or 18 years of age .... 55 service 587 2nd year or 19 years of age .... 173 23 years of age or 3rd year of adult 3rd year or 20 years of age .... 336 service 785 4th year or 21 years of age .... 534 24 years of age or 4th year of adult 5th year or 22 years of age .... 705 service 951 6th year or 23 years of age .... 865 25 years of age or 5th year of adult service 994 (c) Graduate student librarians—■ 26 years of age or 6th year of adult 1st year or 21 years of age .... 676 service 1,035 2nd year or 22 years of age .... 809 27 years of age or 7th year of adult 3rd year or 23 years of age .... 943 service 1,086 Thereafter 1,076 (5) Female Clerical Officers (per cent, of (d) Assistant Librarian—qualified— female basic wage): 1st year 1,566 % 2nd year 1,687 15 to 16 years of age .... 60 3rd year 1,806 16 to 17 years of age 70 4th year 1,925 17 to 18 years of age 82.5 5th year 2,043 18 to 19 years of age 95 6th year 2,162 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(e) Branch Librarians in charge—Branch Per cent, of or margin over respective Librarians shall be paid $104 per annum male or female basic wage per in excess of the rates prescribed in sub- annum: clause (d). (2) Other than student, graduate or (f) The salary payable under subclauses (b) qualified librarians: % and (c) shall be that which gives the 15 years of age 60 officer the higher rate on an age or 16 years of age 70 years of service basis. 17 years of age 80 (g) Part-time library staff. Where the Shire 18 years of age 95 does not require a full-time worker in $ the library a worker may be employed 19 years of age 122 for such lesser hours than the thirty- 20 years of age 227 eight hours per week as the union may 21 years of age 395 approve. A worker so employed shall 22 years of age 484 receive payments for salary, annual 23 years of age 565 leave, holidays and sick leave as pre- 24 years of age 618 scribed by this award on a pro rata 25 years of age and thereafter .... 709 basis in the same proportion as the (3) Student librarian: number of hours worked in any week 1st year or 18 years of age 70 bears to thirty-eight hours. 2nd year or 19 years of age 175 3rd year or 20 years of age 342 4th year or 21 years of age 511 5th year or 22 years of age 682 6th year or 23 years of age or there- after 842 The salary payable under this subclause shall be that which gives the worker the higher rate on an age or years of service basis. (Local Government.) (4) Graduate student librarian: $ Award No. 27 of 1963. 1st year or 21 years of age 656 2nd year or 22 years of age 789 BEFORE THE WESTERN AUSTRALIAN 3rd year or 23 years of age 922 INDUSTRIAL COMMISSION. Thereafter 1,055 No. 230 Of 1967. The salary payable under this subclause shall be that which gives Between West Australian Local Government worker the higher rate on an age Officers' Association Union of Workers, Perth, or years of service basis. Applicant, and City of South Perth, and others, Respondents. (5) Assistant libarian (qualified) $ $ HAVING heard Mr A Sorensen on behalf of the 1st year 1,455 applicant and Mr G. J. Martin on behalf of the 2nd year 1,535 respondents, and by consent, I the undersigned, 3rd year 1,642 Chief Industrial Commissioner of The Western 4th year 1,748 Australian Industrial Commission, in pursuance of 5th year 1,855 the powers contained in section 92 of the Indus- 6th year 1,961 trial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and (6) A Branch librarian shall be paid $104 per declare— annum in addition to the rates prescribed in sub- That the Local Government Officers' Library clause (5) hereof. Award No. 27 of 1963 as amended, be and the (7) A worker who does not hold the registration same is hereby further amended in accordance certificate of the Library Association of Australia with the following schedule and that such and who is appointed to be in charge of a library amendment shall take effect as from the conducted outside a radius of fifteen miles from beginning of the first pay period commencing the G.P.O., Perth, shall be paid an amount of $104 on or after the date hereof. per annum in addition to the rate applicable to such a worker under this award. Dated at Perth this 3rd day of March, 1967. (8) A worker appointed in charge of a branch [L.S.l (Sdg) S. F. SCHNAARS, of a library conducted within a radius of fifteen Commissioner. miles from the G.P.O., Perth, and who does not hold the registration certificate of the Library Association of Australia but who is a student or graduate student librarian shall be paid a margin of $1,455 per annum over the male or female basic Schedule. wage. Clause 18 Salaries: Delete this clause and insert (9) Librarian: $ in lieu thereof the following:— 1st year 2,201 2nd year 2,521 18.—Salaries. Thereafter 2,841 (1) Basic Wage (per week): (10) Part-time Worker: Where any Local $ Authority does not require a full-time worker in Male 33.50 the Local Authority library or libraries a worker Female 25.13 may be employed for such lesser hours than thirty- (S)—340 is 234 ^ ^ WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967. eight per week as may be determined by the Local $ Authority. A worker so employed shall receive Exceeding $80,000 but not exceeding payment for salary, annual leave, holidays and $100,000 2,460 sick leave as prescribed by this award on a pro Exceeding $100,000 but not exceeding rata basis in the same proportion as the number $140,000 2,773 of hours worked in any week bears to thirty-eight Exceeding $140,000 but not exceeding hours. $200,000 3,087 (11) A library assistant who has been paid Exceeding $200,000 but not exceeding according to age and subsequently attains matricu- $300,000 3,501 lation qualifications and undertakes the approved Exceeding $300,000 but not exceeding course of study towards obtaining registration by $400,000 3,813 the Library Association of Australia shall be paid Exceeding $400,000 but not exceeding a salary in accordance with the scale for student $600,000 4,073 librarians without any deduction in salary being Exceeding $600,000 but not exceeding affected, i.e., he or she will be accorded the scale $900,000 4,385 for student librarians on the year of service or Exceeding $900,000 4,645 higher than that received as a library assistant. (3) Qualified Town or Shire Engineers (other than Electrical) as defined in clause 6, Definition: The rates prescribed in subclause (2) hereof shall apply to a LOCAL GOVERNMENT OFFICERS. qualified engineer who is a graduate (Executive Officers.) but he shall be paid not less than .... 1,851 (4) Experienced Town or Shire Engineer Award No. 1A of 1964. (other than Electrical) as defined in BEFORE THE WESTERN AUSTRALIAN clause 6, INDUSTRIAL COMMISSION. Definition: The rates prescribed in subclause (2) hereof shall apply to an No. 231 of 1967. experienced engineer but he shall be Between West Australian Local Government paid not less than 3,280 Officers' Association Union of Workers, Perth, (5) For the purposes of the foregoing, re- Applicant, and City of Nedlands, and others venue shall be calculated in accord- Respondents. ance with provisions of subclause (1) HAVING heard Mr R. Sorensen on behalf of the of clause 6 Definitions. applicant and Mr G. J. Martin on behalf of the (6) Town and Shire Clerks (part-time)— respondents, and by consent, I, the undersigned, Where— Chief Industrial Commissioner of The Western Aus- (a) the office of the Local Authority tralian Industrial Commission, in pursuance of the is open to the public on fewer than powers contained in section 92 of the Industrial five days per week; and Arbitration Act, 1912-1966, and all other powers (b) the Town or Shire Clerk is not therein enabling me, do hereby order and declare— required to do any work for the That the Local Government (Executive Local Authority during the re- Officers) Award, No. 4a of 1964, as amended, mainder of the week, he may be be and the same is hereby further amended paid on a part-time basis of: Rate in accordance with the following schedule and per day $12.80. that such amendment shall take effect as from (7) For the purposes of adjustment and pay- the beginning of the first pay period com- ments, the weekly salaries shall be calculated mencing on or after the date hereof. as 152nd of the annual salary. Dated at Perth this 3rd day of March, 1967. (8) When a worker absents himself from duty [L.S.l (Sgd) S. F. SCHNAARS, without reasonable cause or through sickness Commissioner. for which he is not entitled to payment under clause 15 Sick Leave, the employer may deduct from his salary a sum proportionate Schedule. to that time of absence. Clause 24—Salaries: Delete this clause and insert in lieu thereof the following:— 24.—Salaries. METAL TRADES. The minimum rates of salaries to be paid to (Construction—Alumina Refinery.) workers covered by this award shall be as follows:— $ Award No. 19 of 1962. (1) Basic Wage (per week) 33.50 BEFORE THE WESTERN AUSTRALIAN (2) Town or Shire Clerks and subject to INDUSTRIAL COMMISSION. subclauses (3) and (4) hereof Town No. 137A of 1966. or Shire Engineers (other than Electrical): (margin over basic wage Between the Federated Engine Drivers and Fire- per annum): men's Union of Workers of Western Australia, Revenue. Applicant, and Forwood Johns Pty Ltd, and Not exceeding $20,000 1,525 others Respondents. Exceeding $20,000 but not exceeding HAVING heard Mr D. E. Maguire on behalf of $40,000 1,732 the applicant and Mr S. Carter on behalf of the Exceeding $40,000 but not exceeding respondents, and by consent, I, the undersigned, $60,000 2,043 Commissioner of The Western Australian Indus- Exceeding $60,000 but not exceeding trial Commission, in pursuance of an allocation to $80,000 2,253 me by the Chief Industrial Commissioner and in 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. pursuance of the powers contained in section 92 installation of machinery and electrical of the Industrial Arbitration Act, 1912-1966, and equipment can-ied out in the course of such all others powers therein enabling me, do hereby construction or erection. order and declare— (b) Any large civil engineering project. That the Metal Trades Construction (c) The construction or erection of the fifth (Alumina Refinery) Award, No. 19 of 1962, be and subsequent storeys of any multi- and the same is hereby further amended in storeyed building but only until the accordance with the following schedule and exterior walls have been erected and the that such amendment shall take effect as from windows completed and a lift made avail- the beginning of the first pay period com- able to carry the worker between the mencing on or after the date hereof. ground floor and the floor on which he is Dated at Perth this 10th day of March, 1967. required to work. [L.S.l (Sgd) D. CORT, (d) The construction or erection of any other Commissioner. building, structure or civil engineering project or the installation of any other plant which the employer and the Union Schedule. concerned agree, or in the event of dis- Clauses 23.—Wages: Delete subclauses (a) and agreement, which the Board of Reference (b) of this clause and insert in lieu thereof the declares to be construction work for the following— purposes of this Award. $ 2. 15—Fares, Travelling Time and Distant (a) Basic Wage 33.50 Work: Delete subclause (a) and substitute in lieu (b) Crane Oliver 15.25 thereof the following:— (1) (a) A worker who, on any day, or from day to day is required to work at a job away from his accustomed depot METAL TRADES. shall, at the direction of his employer present himself for work at such job (Construction—South-Wcst.) at the usual starting time. Award No. 12 of 1963. (b) A worker to whom paragraph (a) of BEFORE THE WESTERN AUSTRALIAN this subclause applies shall be paid INDUSTRIAL COMMISSION. at ordinary rates for time spent in travelling between his home and the No. 136 of 1966. job and shall be re-imbursed for any Between the Federated Engine Drivers and Fire- fares incurred in such travelling, but men's Union of Workers of Western Australia only to the extent that the time so and the Collie Federated Engine Drivers and spent and the fares so incurred ex- Firemen's Union of Workers of Western Aus- ceed the time normally spent and the tralia, Applicants, and Constructors John fares normally incurred in travelling Brown Aust. Pty Ltd, and others, Respondents. between his home and his accustomed HAVING heard Mr D. E. Maguire on behalf of the depot. applicants and Mr S. Carter on behalf of the re- (c) A worker who, with the approval of spondents, and by consent, I, the undersigned, his employer uses his own means of Commissioner of The Western Australian Industrial transport for travelling to or from Commission, in pursuance of an allocation to me outside jobs shall be paid the amount by the Chief Industrial Commissioner and in pur- of excess fares and travelling time suance of the powers contained in section 92 of which he would have incurred in using the Industrial Arbitration Act, 1912-1966, and all public transport unless he has an other powers therein enabling me, do hereby order arrangement with his employer for a and declare— regular allowance. That the Metal Trades (South-West Land Division Industrial Construction) Award, No. (2) A worker to whom subclause 1 of this 12 of 1963, as amended, be and the same is clause does not apply and who is engaged on hereby further amended in accordance with construction work shall be paid an allowance the following schedule and that such amend- in accordance with the provisions of this sub- ment shall take effect as from the beginning clause to compensate for excess fares and of the first pay period commencing on or after travelling time from the worker's home to his the date hereof. place of work and return:— Dated at Perth this 10th day of March, 1967. (a) On places within a radius of 14 miles (Sgd) D. CORT, from the G.P.O.. Perth—53 cents per LL.S.i Commissioner. day. (b) For each additional mile up to 30 Schedule. miles—5 cents per mile. 1. Add new clause 5A—Definitions, as follows:— (c) Subject to the provisions of para- graph (d) work performed at places 5 A.—Definitions. beyond 30 miles from G.P.O., Perth, "Construction Work" means work on site in or shall be deemed to be outside work in connection with— unless the employer and the workers, (a) The construction or erection of any build- with the consent of the Union, agree ing or structure intended to house the in any particular case that the travel- plant or forming part of the plant of a ling allowance for such work shall be large industrial undertaking including the paid under this clause in which case 236 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

an additional allowance of seven cents employment of an employer and who is sent per mile shall be paid for each mile by his employer to distant work (whether con- in excess of 30 miles. struction work or not) but the provision of (d) In respect to work carried out from subclause (6) of this clause do not apply to an employer's depot situated more such worker. than 30 miles from the G.P.O., Perth, the main Post Office in the town in 3. Amend Clause 21—Wages, as follows:— which such depot is situated is sub-1 21.—Wages. stituted as the centre for the purpose Subclause (a) Basic Wage (per week) 33.50 of calculating the allowance to be Subclause (b) Classifications: paid to workers as follows:— (14) Crane driver 12.30 (i) On places of work within a radius of two miles from such Delete subclause (c) and insert in lieu thereof Post Office—nil. the following:— (ii) On places of work beyond a (c) In addition to the appropriate rates of radius of two miles but within pay described in this clause a worker shall be a radius of 12 miles from such paid— post office—-53 cents per day. (i) Five dollars per week if he is engaged (iii) for each additional mile up to on work described in paragraph (a) 30 miles—5 cents per day. or (b) of the definition of "construc- (e) Where transport to and from the job tion work". is provided by the employer from and (ii) Four dollars and thirty-flve cents if to his depot or such other place more he is engaged on work described in convenient to the worker as is mutually paragraph (c) of that definition. agreed upon between the employer and worker, half the above rates shall (iii) Two dollars and seventy-five cents if be paid: Provided that the conveyance he is engaged on the construction of used for such transport is provided a multi-storeyed building unless sub- with suitable seating and weather paragraph (ii) of this paragraph proof covering. applies. (iv) Two dollars and twenty-five cents on (3) For travelling during working hours work falling within paragraph (d) of from and to the employer's place of business the definition of "construction work". or from one job to another, a worker shall be Any dispute as to which of the afore- paid by the employer at ordinary rates. The said allowances applied to particular employer shall pay all fares and reasonable work shall be determined by the expenses in connection with such travelling. Board of Reference. Renumber subclause (b) to read (4). 4. 10—Overtime: Delete subclause (a) and sub- Renumber subclause (c) to read (5). stitute in lieu thereof subclause (a) (i) (ii) and Renumber subclause (d) to read (6). (iii):— (a) (i) For work done beyond the hours of Add new subclause (7) as follows:— duty on any week day other than a (7) A worker to whom the provisions of sub- holiday, payment shall be at the rate clause (4) of this clause apply shall be paid of time and a half for the first two an allowance of four dollars for any weekend horns and double time thereafter. that he returns to his home from the job but (ii) Work done on Saturdays after 12 only if— noon or on Sundays or on any day (a) he advises the employer or his agent prescribed as a holiday under this of his intention no later than the award, shall be paid for at the rate Tuesday immediately preceding the weekend in which he so returns; of double time. (iii) Work done on Saturdays prior to 12 (b) he is not required for work during noon shall be paid for at the rate of that weekend; time and one-half for the first four (c) he returns to the job on the first work- hours and double time thereafter. ing day following the weekend; (d) the employer does not provide or offer to provide suitable transport. METAL TRADES. (8) Where a worker, supplied with board and lodging by his employer, is required to live (General.) more than one-half of a mile from the job, Award No. 13 of 1965. he shall be provided with suitable transport to and from that job or be paid an allowance of BEFORE THE: WESTERN AUSTRALIAN fifty-three cents per day provided that where INDUSTRIAL COMMISSION. the time actually spent in travelling either to No. 226 of 1967. or from the job exceeds twenty minutes, that Between Coastal District Committee Amalgamated excess travelling time shall be paid for at Engineering Union Association of Workers, ordinary rates whether or not suitable trans- Applicant, and Singer Australia Pty Ltd, Re- port is supplied by the employer. spondent. (9) The provisions of subclauses (4), (5), HAVING heard Mr J. Mutton on behalf of the (6), (7), and (8) of this clause shall be deemed applicant union, Mr R. W. Fletcher on behalf of to apply to a worker who is in the regular the Electrical Trades Union of Workers of Australia 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 237

(Western Australian Branch), Mr M. Jahn on be- MOTOR SERVICE STATION ATTENDANTS. half of the State Executive, Australasian Society Award No. 24 of 1961. of Engineers' Industrial Association of Workers, and Mr H. J. de Burgh on behalf of the respondent, BEFORE THE WESTERN AUSTRALIAN and by consent, I, the undersigned, Commissioner INDUSTRIAL COMMISSION. ■ of The Western Australian Industrial Commission, No. 221 of 1967. in pursuance of an allocation to me by the Chief Between Australian Workers' Union, Westralian Industrial Commissioner and in pursuance of the Branch, Industrial Union of Workers, Appli- powers contained in section 92 of the Industrial cant, and Beam Service Station, Perth, and Arbitration Act, 1912-1966, and all other powers others, Respondents. therein enabling me, do hereby order and declare— HAVING heard Mr J. Isherwood on behalf of the That the Metal Trades (General) Award, applicant and Mr H. J. de Burgh on behalf of the No. 13 of 1965, as amended, be and the same respondents, and by consent, I, the undersigned, is hereby further amended in accordance with Chief Industrial Commissioner of The Western the following schedule and that such amend- Australian Industrial Commission, in pursuance of ment shall take effect as from the beginning the powers contained in section 82 of the Indus- of the first pay period commencing on or after trial Arbitration Act, 1912-1966, and all other the date hereof. powers therein enabling me, do hereby order and Dated at Perth this 17th day of February, 1967. declare— CL.S.l (Sgd) D. CORT, That the Motor Service Station Attendants Commissioner. Award, No. 24 of 1961, as amended, be and the came is hereby further amended in accord- ance with the following schedule and that such amendment shall take effect as from the Schedule. beginning of the first pay period commenc- First Schedule—Wages: Delete paragraph (a) of ing on or after the date hereof. subclause (2) of this schedule and insert in lieu Dated at Perth this 3rd day of March, 1967. thereof the following:— I L.S. I (Sgd) S. F. SCHNAARS, (2) Margin per week over basic wage: $ Commissioner. (a) General Engineering Section- Assembler—window frame mak- Schedule. ing 7.55 Delete subclauses (a) and (b) of Clause 22— Brass finisher 15.50 Wages and insert in lieu thereof the following:— Cycle assembler 4.40 $ Cycle filer 3.45 (a) Basic Wage (per week) 33.50 Cycle mechanic 8.40 (b) Adult Male Margins (per week): Cycle polisher 4.40 (1) Lubritorium attendant, steam cleaner and sprayer of anti- Cycle wheel builder 4.40 corrosive substances 5.30 Examiner 15.50 (2) Service attendant 3.95 Fitter—refrigeration 15.50 Fitter—window frame 15.50 Heat treater 17.00 MOTOR SERVICE ATTENDANTS. Heat treater operative 6.40 (Vehicle Sales Establishments.) Inspector 20.75 Award No. 2 of 1964. Locksmith 15.50 BEFORE THE WESTERN AUSTRALIAN Machinist—first class (tool- INDUSTRIAL COMMISSION. room) 16.75 No. 223 Of 1967. Machinist— Between Australian Workers' Union, Westralian First class 15.50 Branch, Industrial Union of Workers, Appli- Second class 8.40 cant, and City Motors Pty Ltd, Bell Bros Pty Third class 6.10 Ltd, and others, Respondents. Motor cycle mechanic 14.00 HAVING heard Mr J. Isherwood on behalf of the Motor mechanic 15.50 applicant and Mr H. J. de Burgh on behalf of the Motor vehicle assembler .... 4.80 respondents, and by consent, I, the undersigned, Patternmaker 20.25 Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of Process worker 3.75 the powers contained in section 92 of the Industrial Scale adjuster— Arbitration Act, 1912-1966, and all other powers Full license 15.50 therein enabling me, do hereby order and declare— Sectional license 6.40 That the Motor Service Attendants (Motor Scientific instrument maker .... 18.50 Vehicle Sales Establishments) Award, No. 2 Sewing machine mechanic (in- of 1964, as amended, be and the same is hereby dustrial) 15.50 further amended in accordance with the fol- lowing schedule and that such amendment Sewing machine assembler and shall take effect as from the beginning of the adjuster 8.40 first pay period commencing on or after the Toolmaker 18.50 date hereof. Tool setter 8.40 Dated at Perth this 3rd day of March, 1967. Tradesman 15.50 (Sgd) S. F. SCHNAARS, Viewer 6.10 U.S.] Commissioner. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

Schedule. 2. Clause 24—Wages: Delete (vi) of paragraph Delete Clause 22—Wages and insert in lieu (a) and paragraph (b) of subclause (2) and insert thereof the following:— in lieu thereof the following:— (2) Adults (Classification and margin over Clause 22—Wages. male basic wage per week): $ $ (a) Sanitary Service Workers— (1) Basic Wage (per week) 33.50 (vi) Motor truck drivers on sani- (2) Adult Margins (per week): tary work 15.70 (a) Lubritorium attendant, steam (b) Motor Vehicle Drivers: cleaner and sprayer of anti- (i) Not exceeding 25 cwt. capacity 8.60 corrosive substances 5.30 (ii) Exceeding 25 cwt. and not (b) Service Attendant 3.95 exceeding 3 tons capacity .... 10.10 (3) Junior Males (per cent, of male basic (iii) Exceeding 3 tons and under 6 wage per week): % tons capacity 11.70 14 to 15 years of age 25 For each complete ton over 15 to 16 years of age 35 5 tons capacity, twenty-five 16 to 17 years of age 45 cents additional margin: Pro- 17 to 18 years of age 55 vided that the maximum 18 to 19 years of age 70 amount shall not exceed four 19 to 20 years of age 80 dollars. 20 to 21 years of age 95 (iv) Drivers of loaded motor wag- ons (except tractors) drawing a loaded trailer also (not to include a mechanical horse) MUNICIPAL AND ROAD BOARD EMPLOYEES. forty cents per day extra. (Metropolitan.) (v) Drivers of articulated vehicles —not exceeding 8 tons cap- Award No. 1 of 1948. acity 14.20 BEFORE THE WESTERN AUSTRALIAN Exceeding 8 tons, capacity: INDUSTRIAL COMMISSION. For each complete additional No. 169B of 1966. ton, twenty-five cents addit- ional margin: Provided that Between Western Australian Municipal, Road that the maximum amount Boards, Parks and Race Course Employees' shall not exceed five dollars. Union of Workers, Perth, Applicant, and City (vi) Drivers—machinery float hav- of Perth, and others, Respondents. ing makers capacity of 8 tons HAVING heard Mr P. J. Norris on behalf of the or less 15.50 applicant and Mr D. L. Hosking on behalf of the For each complete addit- respondents and by consent, I, the undersigned, ional ton, twenty-five cents Commissioner of The Western Australian Industrial additional margin: Provided Commission, in pursuance of an allocation to me that the maximum amount by the Chief Industrial Commissioner and in pur- shall not exceed five dollars. suance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare- That the Municipal Road Board Employees' MUNICIPAL EMPLOYEES. (Metropolitan) Award, No. 1 of 1948, as amended, be and the same is hereby further (Country Districts.) amended in accordance with the following Award No. 77 of 1948. schedule and that such amendment shall take effect as from the beginning of the first pay BEFORE THE WESTERN AUSTRALIAN period commencing on or after the date hereof. INDUSTRIAL COMMISSION. Dated at Perth this 24th day of February, 1967. No. 170A of 1966. Between Western Australian Municipal Road (Sgd) J. R. FLANAGAN, Boards, Parks and Race Course Employees' [L.S.] Commissioner. Union of Workers, Perth Applicant, and Town of Albany, and Others, Respondents. HAVING heard Mr P. Norris on behalf of the Schedule. applicant and Mr L. Girdlestone on behalf of the 1. Clause 23—Extra Rates and Conditions: respondents, and by consent, I, the undersigned, Delete subclause (h) and insert in lieu thereof the Commissioner of The Western Australian Industrial following:— Commission, in pursuance of an allocation to me (h) (i) Leading hands placed in charge of not by the Chief Industrial Commissioner and in less than three or more than ten other pursuance of the powers contained in section 92 of workers, shall be paid three dollars, fifty the Industrial Arbitration Act, 1912-1966, and all cents per week above the rate of wage of other powers therein enabling me, do hereby order the workers whose work they direct, and declare— (ii) Leading hands placed in charge of more That the Municipal Employees' (Country than ten other workers shall be paid Districts) Award, No. 77 of 1948, as amended four dollars, sixty-five cents per week and consolidated, be and the same is hereby above the rate of wage of the workers further amended in accordance with the whose work they direct. following schedule and that such amendment 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

shall take effect as from the beginning of the first pay period commencing on or after the (v) Drivers of articulated date hereof. vehicles—not exceeding eight Dated at Perth this 17th day of February, 1967. tons capacity 13.10 (Sgd) D. CORT, Exceeding eight tons capa- [L.S.l Commissioner. city—for each complete additional ton, twenty five cents additional margin. Provided that the maximum Schedule. amount shall not exceed five 1. Clause 26.—Extra Rates and Conditions: dollars. Delete subsection (6) (a) and (b) and insert in (vi) Drivers, machinery float hav- lieu thereof the following:— ing maker's capacity of 8 (6) (a) Leading Hands placed in charge of tons or less 14.30 not less than three or more than ten For each complete addi- other workers, shall be paid three tional ton twenty-five cents dollars, fifty cents per week above the additional margin. Provided rate of wage of the workers whose that the maximum amount work they direct. should not exceed five dollars. (b) Leading Hands placed in charge of more than ten other workers shall be (c) Machine drivers— paid four dollars, sixty-five cents per (i) Oil driven power road roller .... 9.30 week above the rate of wage of the (ii) Footpath roller operator ... 6.70 workers whose work they direct. (iii) Vibrator roller operator (hand) .... 6.70 2. Clause 28—Wages: Delete this Clause and (iv) Air compressor operator .... 4.90 insert in lieu thereof, the following:— (v) Tractors without power operated attachments or with 28.—Wages. power operated attachments The following shall be the minimum rates of not in use— wages payable to workers covered by this Award:— (a) 50 brake horsepower and (1) Basic Wage (per week): $ under ...... 8.40 Adult males 33.50 (b) Over 50 b.h.p 9.30 (2) Adults (classification and margin over (vi) Tractors while using power operated attachments— male basic wage per week). (a) 35 b.h.p. and under ... 9.30 (a) Sanitary Service Workers— (b) Over 35 b.h.p. and not (i) Pan removers 10.40 exceeding 70 b.h.p 11.10 (ii) Depot hands 9.60 (c) Over 70 b.h.p. and not (iii) Rubbish and dust carters exceeding 130 b.h.p 12.30 (horse drawn vehicles) who (d) Over 130 b.h.p 13.70 actually handle rubbish .... 6.90 (vii) Front end and overhead (iv) Tipmen 5.10 loaders (appropriate tractor (v) Male attendants at public margin.) latrines (seven day week) .... 5.10 (Viii) Loader—Mechanical bucket (vi) Motor truck drivers on sani- type truck or tractor mounted 9.30 tary work 14.50 (ix) Power graders— (vii) Garbage drivers (motor) shall (a) Drawn type power- be paid one dollar, ninety operated control 11.25 cents per week in addition to the (b) Single Unit—forty b.h.p. appropriate vehicle driver's and under 10.25 rate in (b) and (c) hereof. (c) Single unit—over forty (viii) Horse drivers on sanitary b.h.p. 11.85 work 10.40 (x) Articulated scraper—s e 1 f (ix) Assistants on rubbish or dust powered — lorries or trucks 6.20 (a) Under 20 cubic yards (b) Motor "Vehicle Drivers— capacity 12.60 (i) Not exceeding 25 cwt capac- (b) Twenty cubic yards to ity 7.80 thirty cubic yards capa- (ii) Exceeding twenty-five cwt city 14.20 and not exceeding three tons (c) Over thirty cubic yards capacity 9.30 capacity 16.00 (iii) Exceeding three tons and (xi) Steam roller driver 9.70 under six tons capacity .... 10.80 (xii) Water flusher driver, street For each complete ton over cleaning machine operator or five tons capacity, twenty five auto eductor operator- cents additional margin. Pro- la) 35 b.h.p. and under .... 9.25 vided that the maximum (b) Over 35 b.h.p. to 70 b.h.p. 11.05 amount shall not exceed four (c) Over 70 b.h.p. to 130 dollars. b.h.p 12.30 (iv) Drivers of loaded motor (d) Over 130 b.h.p 13.70 wagons (except tractors) Provided that the afore- drawing a loaded trailer also mentioned brake horse-power (not to include a mechanical ratings shall relate only to horse) forty cents per day the prime motive engine of extra. equipment. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

$ $ (xiii) Mechanical shovelman or bin (vii) Feeding bitmninous mixer attendant 7.65 (filler) 6.85 (xiv) Drivers of mobile cranes with (viii) Cutting, feeding or heating .... 6.85 lifting capacity— (ix) Spreading bituminous mix- (a) 5 tons or less 8.70 tures 8.80 (b) Over 5 tons but not more (x) Bitumen screed hand levelling than 10 tons 9.60 of bituminous concrete .... 8.80 (c) Over 10 tons but not more (xi) Trimming road surfaces to than 20 tons 10.80 shape and grade after initial (xv) Driver of fork lift 8.45 spreading of metal and prior (xvi) Driver of mechanical horse to spraying 5.90 with or without tractor .... 12.05 (xii) Sweeping roads and/or (xvii) Drivers of portable petrol spreading metal before and driven cross cut saws or circu- after tar or bitumen spraying 5.90 lar saws 6.70 (xiii) Sealing iron operator .... 8.80 (xviii) Man operating steam cleaner 6.55 (xiv) Operator on metal spreading (xiv) Gulleyhole eductor operator machine 6.50 assistant 5.65 (xv) Impactor operator 5.90 (d) Gardeners— (i) Propagator 6.10 (i) Kerb and Path Hands— (ii) Nurserymen, first-class gar- (i) Wood kerber 9.40 deners appointed as such by (ii) Gravel and stone lump kerb employer and street tree layers 5.90 pruners and/or loppers .... 5.90 (iii) Concrete slab layers 9.05 (iii) Gardeners planting out and (iv) Concrete kerb layers 9.05 attending flower beds and (v) Concrete finisher 8.30 assistant nurserymen .... 4.70 (vi) Concrete kerb and slab (iv) Others including workers in makers 6.80 attendance on r e s e rv e s , (vii) Concrete screed hands and parks and plantations and slab and kerb layers' assis- men using scythe 4.15 tants 4.10 (v) Bowling green keepers .... 10.20 (viii) Workers mixing, wheeling and (vi) Bowling green assistants .... 4.15 packing concrete (including (vii) Tennis court keepers .... 9.00 mixing machine) 4.10 (viii) Tennis court assistants .... 4.15 (j) Road Workers or Depot Men— (ix) Turf wicket keepers 9.00 (x) Hand motor mowers 4.90 (i) Road Workers and Depot (xi) Hand rotary hoe and opera- Men 4.10 tors of other machines .... 4.90 (ii) Hammer and gadmen break- ing up roads and footpaths .... 5.90 (e) Sweepers— (i) On orderly work with hand (iii) Knappers on roads or foot- scoop 4.90 paths 4.10 (ii) Others 4.90 (iv) Spallers on roads or footpaths 4.10 (iii) Pickers up 4.10 (k) Ploughmen (not drivers)—When (iv) Pickers up (Be Tidy Bins) .... 6.20 ploughing with a tractor or truck 4.90 (f) Drainage Workers— (i) Pipe layer and jointer and (1) Scoopmen—Mechanically hauled setter 9.40 scoop or grader 5.90 (ii) Timberman 4.90 (m) General— (iii) Others 4.10 (i) Sand and/or gravel pitman .... 4.10 (g) Quarry men— (ii) Axeman 4.10 (i) Powder monkey 8.50 (iii) Broad axeman 11.15 (ii) Crusher feeder 6.85 (iv) Jack-hammerman and pneu- (iii) Jack-hammerman 5.90 matic drill men 5.90 (iv) Man barring down 5.90 (v) Spaller 5.90 (v) Nightwatchmen 7.45 (vi) Plant attendant 8.50 (vi) Tree fellers (native trees) .... 4.90 (vii) Man filling wagon under bin 5.90 (vii) Sprayers or fumigators of (viii) Jumperman or hammer and noxious weeds and/or pests, drillman 5.90 vermin, mosquitoes or ants or (h) Bitumen Workers— workers employed in destroy- (i) Tar, bitumen or bituminous ing blackberry or boxthorn 6.70 emulsion mixing machines .... 7.70 (n) Grave Diggers and (ii) Manufacturing bituminous Exhumations—■ emulsions 7.70 Grave Diggers 11.60 (iii) Spreading premix on roads or Exhumations— footpaths 7.70 (i) Any worker who opens (iv) Dragmen 7.70 and/or enters a grave for (v) Topmen weighing metal and the purpose of an exhuma- bitumen for bituminous emul- tion shall be paid four sions (high temperature mix- dollars forty cents for the ing machine) 11.80 first body lifted and two (vi) Feeding bituminous mixer dollars twenty cents for (metal) 6.85 each subsequent body lifted. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 241

$ Schedule. (ii) In the case of two or more Clause 28—Wages: Delete (vi) of paragraph (a), workers being required to and paragraph (b) of subclause (2) and insert in perform the task or tasks lieu thereof the following:— referred to in subclause (i) hereof the amount of seven 28.—Wages. dollars sixty cents shall be Classification and margin over male basic equally divided amongst the wage per week: $ workers so engaged. (a) Sanitary Service Workers: (o) Vermin inspector (where this work (vi) Motor truck drivers on sani- is not carried out by an officer) 9.95 tary work 15.70 (b) Motor Vehicle Drivers: (p) Electricity or gas workers— (i) Not exceeding 25 cwt. capa- Assistants employed in electricity city 8.60 or gas undertakings 4.10 (ii) Exceeding 25 cwt. and not ex- (q) Sinking and/or Repairing ceeding 3 tons capacity .... 10.10 Wells— (iii) Exceeding 3 tons and under (i) Well Sinker 5.10 6 tons capacity 11.70 (ii) Erecting and/or repairing For each complete ton over windmills 5.10 5 tons capacity, twenty-five cents additional margin: Pro- (iii) Winch Drivers 8.30 vided that the maximum (r) Water Board Workers— amount shall not exceed four (i) Maintenance men driving- dollars. truck 8.55 (iv) Drivers of loaded motor (ii) Maintenance men 4.90 wagons (except tractors) (iii) Meter repairer 8.55 drawing a loaded trailer also (not to include a mechani- (iv) Meter repairer and mainten- cal horse) forty cents per day ance men ...... 8.55 extra. (s) Male attendants at caravan com- (v) Drivers of articulated vehicles pounds and camping areas .... 5.10 —not exceeding 8 tons capa- (t) Bridge and culvert workers— city 14.20 (i) Bridge carpenter 12.30 Exceeding 8 tons capacity. (ii) Bridge carpenter's assistant 5.90 For each complete addi- tional ton, twenty-five cents (u) Workers not elsewhere classified 4.10 additional margin: Provided that the maximum amount shall not exceed five dollars. (vi) Drivers—machinery float hav- ing makers capacity of 8 tons MUNICIPAL EMPLOYEES. or less 15.50 (Country Districts.) For each complete addi- Award No. 77 of 1948. tional ton, twenty-five cents additional margin: Provided BEFORE THE WESTERN AUSTRALIAN that the maximum amount INDUSTRIAL COMMISSION. shall not exceed five dollars. No. 170B of 1966. Between Western Australian Municipal Road Boards, Parks and Race Course Employees' MUNICIPAL EMPLOYEES. Union of Workers, Perth, Applicant, and Town (Rest of State.) of Albany, and others, Respondents. Award No. 19 of 1949. HAVING heard Mr P. J. Norris on behalf of the applicants and Mr D. L. Hosking on behalf of the BEFORE THE WESTERN AUSTRALIAN respondent, and by consent, I, the undersigned, INDUSTRIAL COMMISSION. Commissioner of The Western Australian Indus- No. 171A of 1966. trial Commission, in pursuance of an allocation Between: Western Australian Municipal Road to me by the Chief Industrial Commissioner and Boards, Parks and Race Course Employees' in pursuance of the powers contained in section 92 Union of Workers, Perth, Applicant, and Town of the Industrial Arbitration Act, 1912-1966, and of Carnarvon, and Others, Respondents. all other powers therein enabling me, do hereby HAVING heard Mr P. Norris on behalf of the order and declare— applicant and Mr L. Girdlestone on behalf of the That the Municipal Employees' (Country respondents, and by consent, I, the undersigned, Districts) Award, No. 77 of 1948, as amended Commissioner of The Western Australian Industrial and consolidated, be and the same is hereby Commission, in pursuance of an allocation to me further amended in accordance with the fol- by the Chief Industrial Commissioner and in lowing schedule and that such amendment pursuance of the powers contained in section 92 of shall take effect as from the beginning of the the Industrial Arbitration Act, 1912-1966, and all first pay period commencing on or after the other powers therein enabling me, do hereby order date hereof. and declare- That the Municipal Employees' (Rest of Dated at Perth this 24th day of February, 1967. State) Award, No. 19 of 1949, as amended, be [L.S.] (Sgd) J. R. FLANAGAN, and the same is hereby further amended in Commissioner. accordance with the following schedule and WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

that such amendment shall take effect as from the beginning of the first pay period commenc- (v) Drivers of articulated ing on or after the date hereof. vehicles—not exceeding eight Dated at Perth this 17th day of February, 1967. tons capacity 13.10 Exceeding eight tons capa- (Sgd) D. CORT, city—for each complete [L.S.l Commissioner. additional ton, twenty five cents additional margin. Schedule. Provided that the maximum amount shall not exceed five 1. Clause 26.—Extra Rates and Conditions: dollars. Delete subsection (f) (1) and (2) and insert in (vi) Drivers, machinery float hav- lieu thereof the following:— ing maker's capacity of 8 (f) (1) Leading hands placed in charge of tons or less .... 14.30 not less than three or more than ten For each complete addi- other workers, shall be paid three tional ton twenty-five cents dollars, fifty cents per week above the additional margin. Provided rate of wage of the workers whose that the maximum amount work they direct. should not exceed five dollars, (2) Leading hands placed in charge of (c) Machine drivers— more than ten other workers shall be (i) Oil driven power road roller .... 9.30 paid four dollars, sixty-five cents per (ii) Footpath roller operator ... 6.70 week above the rate of wage of the (iii) Vibrator roller operator workers whose work they direct. (hand) .... 6.70 (iv) Air compressor operator .... 4.90 2. Clause 28—Wages: Delete this Clause and (v) Tractors without power insert in lieu thereof the following:— operated attachments or with 28.—Wages. power operated attachments not in use—• The following shall be the minimum rates of (a) 50 brake horsepower and wages payable to workers covered by this Award:— under 8.40 (1) Basic Wage fper week): $ (b) Over 50 b.h.p 9.30 Adult males 33.50 (vi) Tractors while using power (2) Adults (classification and margin over operated attachments— male basic wage per week): (a) 35 b.h.p. and under .... 9.30 fa) Sanitary Service Workers— (b) Over 35 b.h.p. and not (i) Pan removers 10.40 exceeding 70 b.h.p 11.10 (ii) Depot hands 9.60 (c) Over 70 b.h.p. and not (iii) Rubbish and dust carters exceeding 130 b.h.p 12.30 (horse drawn vehicles) who (d) Over 130 b.h.p 13.70 actually handle rubbish . .. 6.90 (vii) Front end and overhead (iv) Tipmen 5.10 loaders (appropriate tractor (v) Male attendants at public margin). latrines (seven day week) .... 5.10 (viii) Loader—Mechanical bucket (vi) Motor truck drivers on sani- type truck or tractor mounted 9.30 tary work 14.50 (ix) Power graders— (vii) Garbage drivers (motor) shall (a) Drawn type power- be paid one dollar, ninety operated control 11.25 cents per week in addition to (b) Single Unit—forty b.h.p. the appropriate vehicle and under 10.25 driver's rate in (b) and (c) (c) Single unit—over forty hereof. b.h.p. 11.85 (viii) Horse drivers on sanitary (x) Articulated scraper—self work 10.40 powered — (ix) Assistants on rubbish or dust (a) Under 20 cubic yards lorries or trucks 6.20 capacity 12.60 (b) Motor Vehicle Drivers— (b) Twenty cubic yards to (i) Not exceeding 25 cwt capac- thirty cubic yards capa- ity 7.80 city ...... 14.20 (ii) Exceeding twenty-five cwt and not exceeding three tons (c) Over thirty cubic yards capacity 9.30 capacity 16.00 (iii) Exceeding three tons and (xi) Steam roller driver 9.70 under six tons capacity .... 10.80 (xii) Water flusher driver, street For each complete ton over cleaning machine operator or five tons capacity, twenty five auto eductor operator.— cents additional margin. Pro- (a) 35 b.h.p. and under .... 9.25 vided that the maximum (b) Over 35 b.h.p. to 70 b.h.p. 11.05 amount shall not exceed four (c) Over 70 b.h.p. to 130 dollars. b.h.p 12.30 (iv) Drivers of loaded motor (d) Over 130 b.h.p 13.70 wagons (except tractors) Provided that the afore- drawing a loaded trailer also mentioned brake horse-power (not to include a mechanical ratings shall relate only to horse), forty cents per day the prime motive engine of extra. the equipment. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

$ $ (xiii) Mechanical shovelman or bin (vii) Feeding bituminous mixer attendant 7.65 (filler) 6.85 (xiv) Drivers of mobile cranes with (viiii Cutting, feeding or heating .... 6.85 lifting capacity— (ix) Spreading bituminous mix- (a) 5 tons or less 8.70 tures ...... 8.80 (b) Over 5 tons but not more (x) Bitumen screed hand levelling than 10 tons ...... 9.60 of bituminous concrete .... 8.80 (c) Over 10 tons but not more (xi) Trimming road surfaces to than 20 tons 10.80 shape and grade after initial (xv) Driver of fork lift 8.45 spreading of metal and prior (xvi) Driver of mechanical horse to spraying .. 5.90 with or without tractor .. 12.05 (xii) Sweeping roads and/or (xvii) Drivers of portable petrol spreading metal before and driven cross cut saws or circu- after tar or bitumen spraying 5.90 lar saws 6.70 (xiii) Sealing iron operator .... 8.80 (xviii) Man operating steam cleaner 6.55 (xiv) Operator on metal spreading (xiv) Gulleyhole eductor operator machine . 6.50 assistant 5.65 (xv) Impactor operator 5.90 (d) Gardeners— (i) Kerb and Path Elands— (i) Propagator 6.10 (i) Wood kerber 9.40 (ii) Nurseryman. First class (ii) Gravel and stone lump kerb gardeners appointed as such layers 5.90 by the employer and street (iii) Concrete slab layers 9.05 tree pruners and/or loppers 5.90 (iv) Concrete kerb layers ...... 9.05 (iii) Gardeners planting out and (v) Concrete finisher 8.30 attending flower beds and (vi) Concrete kerb and slab assistant nurserymen .... 4.70 makers ...... 6.80 (iv) Others, including workers in (vii) Concrete screed hands and attendance on r e s e rv e s , slab and kerb layers' assis- parks and plantations and tants 4.10 men using scythe 4.15 (v) Bowling green keepers .... 10.20 (viii) Workers mixing, wheeling and (vi) Bowling green assistants .... 4.15 packing concrete (including (vii) Tennis court keepers .... 9.00 mixing machine) 4.10 (viii) Tennis court assistants .... 4.15 (j) Road Workers or Depot Men— (ix) Turf wicket keepers 9.00 (i) Road Workers and Depot

$ Schedule. (ii) In the case of two or more workers being required to 1. Clause 3—Scope: Delete this clause and in- perform the task or tasks sert in lieu thereof, the following:— referred to in subclause (i) This award shall apply to workers eligible hereof the amount of seven to belong to the Union directly or indirectly dollars sixty cents shall be employed by the respondents or any of them equally divided amongst the whose names appear in Schedule 1 annexed workers so engaged. hereto in the work to which the award relates. (o) Vermin inspector (where this work is not carried out by an 3.—Scope. officer 9.95 2. Clause 9—Meal Times: Add the following (p) Electricity or gas workers— subclauses:— Assistants employed in electricity (3) An employee required to work overtime or gas undertakings 4.10 for more than wo hours without being noti- (q) Sinking and/or Repairing fied on the previous day or earlier that he * Wells— will be required to work shall either be sup- (i) Well Sinker .... 5.10 plied with a meal by the employer or paid (ii) Erecting and/or repairing seventy cents in lieu thereof and seventy cents windmills 5.10 for each subsequent meal, but such payment (iii) Winch Drivers 8.30 need not be made to an employee living in (r) Water Board Workers— the same locality as his place of employment (i) Maintenance men driving who can reasonably be expected to return truck 8.55 home for meals. (ii) Maintenance men 4.90 (4) Unless the employer advises an employee (iii) Meter repairer 8.55 on the previous day or earlier that the amount (iv) Meter repairer and mainten- of overtime to be worked will necessitate the ance men ...... 8.55 partaking of a second or subsequent meal (as the case may be) the employer shall provide (s) Male attendants at caravan com- such second and/or subsequent meals or make pounds and camping areas .... 5.10 payment in lieu thereof as above prescribed. (t) Bridge and culvert workers— (5) If an employee pursuant to notice has (i) Bridge carpenter 12.30 provided a meal or meals and is not required (ii) Bridge carpenter's assistant 5.90 to work overtime or is required to work less (u) Workers not elsewhere classified 4.10 than the amount of time advised, he shall be paid as above prescribed for meals which he has provided but which are surplus. 3. Clause 12—Sanitary Accommodation and MUNICIPAL EMPLOYEES. Shelter Sheds: Delete this clause and insert in (Sporting Grounds Maintenance.) lieu thereof the following:— Award No. 71 of 1948. BEFORE THE WESTERN AUSTRALIAN 12.—Sanitary Accommodation and Shelter INDUSTRIAL COMMISSION. Sheds. No. 282A of 1966. (1) The employer shall provide adequate Between Western Australian Municipal Road and hygenic sanitary accommodation at all Boards, Parks and Race Course Employees' jobs in the Metropolitan and urban areas Union of Workers, Perth, Applicant, and West unless other suitable arrangements can be Australian Turf Club, and others, Respond- made. ents. (2) At all fixed depots where five or more HAVING heard Mr P. Norris on behalf of the ap- men are permanently employed, the employer plicant and Mr L. Girdlestone and Mr G. A. John- shall provide suitable washing and seating son on behalf of the respondents, and by consent, facilities, and shelter for dining purposes. I, the undersigned. Commissioner of The Western (3) Wherever one or more females is em- Australian Industrial Commission, in pursuance of ployed at Kings Park the Board shall provide, an allocation to me by the Chief Industrial Com- hygenic sanitary accommodation, hot and cold missioner and in pursuance of the powers contained showers, dining facilities and suitable change in section 92 of the Industrial Arbitration Act, rooms. 1912-1966, and all other powers therein enabling me, do hereby order and declare— 4. Clause 13—First Aid Kit: Delete this clause That the Municipal Employees' (Sporting and insert in lieu thereof the following:— Grounds Maintenance Workers) Award. No. 71 of 1948, as amended and consolidated, be 13.—First Aid Kit. and the same is hereby further amended in (1) The employer shall provide at each accordance with the following schedule and workshop, store, depot, stable or gang of four, that such amendment shall take effect as from an adequate first-aid kit for the use of his the beginning of the first pay period com- workers and shall keep same renewed and m mencing on or after the date hereof. proper condition. Dated at Perth this 17th day of February, 1967. (2) Bandages and suitable antiseptic shall [L.S.] (Sgd) D. CORT, be provided by the employer on vehicles con- Commissioner. veying hot bitumen or tar. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

5. Clause 14—Overalls, - Boots, Clogs, Hand $ Protectors, etc.: Delete this clause and insert in (ii) Exceeding 25 cwt. capacity lieu thereof the following:— and not exceeding 3 tons 14.—Overalls, Boots, Clogs, Hand capacity 9.30 Protectors, etc. (iii) Exceeding 3 tons and under (1) Men employed in tree lopping and/or 6 tons capacity 10.80 tree-pruning gang, tractor mower drivers, For each complete ton over garage attendants, men engaged in spread- 5 tons capacity 25 cents addi- ing tar, bitument or bituminous emulsions, tional margin provided that men handling coal, limestone filler, sanitary the maximum amount shall workers, scrubbers, machine drivers and men not exceed four dollars. handling cement frequently or for any period (b) Machine Driver— in excess of one hour, shall be supplied with suitable protective clothing consisting of (i) Oil driven power road roller 8.50 gloves, overalls, boots and protective head (ii) Tractors without power covering where necessary or alternatively paid operated attachments or an allowance of thirty cents per day above with power operated attach- any prescribed marginal wage fixed for the ments not in use— class of work they may be engaged upon at (a) 50 b.h.p. and under .... 7.60 the time. (b) Over 50 b.h.p 8.50 (2) Water Bags shall be supplied at the dis- (iii) Tractors while using power cretion of the Offlcer-in-charge. operated attachments— (a) 50 b.h.p. and under .... 8.50 6. Clause 15—Transportation of Workers: (b) Over 35 b.h.p. and not Delete this clause and insert in lieu thereof the exceeding 70 b.h.p 1.0.20 following:— (c) Over 70 b.h.p. and not 15.—Transportation of Workers. exceeding 130 b.h.p 11.20 (1) All vehicles used to convey employees (d) Over 130 b.h.p 12.65 shall have suitable seating accommodation and (c) Ploughmen (not drivers)—When provide adequate shelter to protect employees ploughing with tractor or truck .... 4.50 from rain, wind and sun. (d) Scoopmen—Mechanically hauled (2) Where reasonably practicable, all scoop or grader 5.30 vehicles and units of plant equipment shall be (e) Gardeners—Nurserymen, first equipped with a weather proof canopy to class gardeners appointed as protect the driver or operator. such by the employer and 7. Clause 18—Travelling Allowance: Delete this street tree pruners 6.25 clause and insert in lieu thereof the following:— Gardeners planting out and at- tending flower beds and assist- 18.—Travelling Allowance. ing nurserymen 5.07 (1) Where a worker is required by the Hand power motor mower .... 4.50 employer to report direct to a place of work, Hand rotary hoe and operators other than his usual headquarters or depot, of other machines 4.50 he shall be provided with travelling facilities Tree fallers (native trees) .... 4.50 by the employer or reimbursed any extra fares Turf wicket keepers 8.20 or expenses actually incurred by the worker (f) (i) Track hands (W.A. Turf in reporting to such other place of work. Club) 5.07 8. Clause 25—Extra Rates and Conditions: Add (ii) Mobile starting gate attend- to subclause 4 the following paragraph:— ants (W.A. Turf Club) .... 8.02 _ Workers other than men employed on sep- (g) Others (excluding Caretakers) .... 3.70 tic tanks or sullage wells, who are engaged (h) Sprayers or fumigators of noxi- on offensive work in connection with old ous weeds and/or pests, vermin, sewers or excavating in ground where fumes mosquitoes or ants or workers arise from decomposed materials to be oaid employed in destroying black- at the rate of time and one-quarter during berry bush or boxthorn 7.30 ordinary working hours. (i) Axeman 3.70 Add the new following subclause:— (j) Operator of portable petrol (6) A worker removing dead horses and driven crosscut or circular saws 6.10 cattle shall be paid fifty cents per day in addi- (k) Machine man (jack hammer) .... 5.30 tion to the rates prescribed in this award, (1) (i) Concrete slab layer 8.25 whilst so employed. (ii) Concrete kerb layer 8.25 9. Clause 26.—Wages. (iii) Concrete finisher 7.50 26.—Wages. The following shall be the minimum rates of wages payable to workers covered by this Award:— Schedule 1. (1) Basic Wage (per week) $ Respondents. Adult males 33,50 The W.A. Turf Club. (2) Adult Male Workers (margin over Western Australian Cricket Association (Inc.). male basic wage per week): Fremantle Trotting Club (Inc.) (a) Motor drivers of vehicles— Western Australian Trotting Association. (i) Not exceeding 25 cwt. capacity 7.80 King's Park Board. 246

MUNICIPAL EMPLOYEES. $ (Rest of State.) (vi) Drivers—machinery float hav- ing makers capacity of 8 tons Award No. 19 of 1949. or less 15.50 BEFORE THE WESTERN AUSTRALIAN For each complete addi- INDUSTRIAL COMMISSION. tional ton, twenty-five cents No. 171B of 1966. additional margin: Provided Between Western Australian Municipal, Road that the maximum amount Boards, Parks and Race Course Employees' shall not exceed five dollars. Union of Workers, Perth, Applicant, and the Town of Carnarvon, and others, Respondents. HAVING heard Mr P. J. Norris on behalf of the applicant and Mr D. L. Hosking on behalf of the respondents, and by consent, I, the undersigned, MUNICIPAL EMPLOYEES. Commissioner of The Western Australian Indus- (Outside Workers—Golclficltls.) trial Commission, in pursuance of an allocation to Award No. 8 of 1961. me by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 BEFORE THE WESTERN AUSTRALIAN of the Industrial Arbitration Act, 1912-1966, and all INDUSTRIAL COMMISSION. other powers therein enabling me, do hereby order No. 244 of 1967. and declare— Between Eastern Goldfields Municipal and Roads That the Municipal Employees' (Rest of Board Labourers' Union of Workers, Applicant State) Award, No. 19 of 1949, as amended, be and Town of Kalgoorlie, and others, Respond- and the same is hereby further amended in accordance with the following schedule and ents. HAVING heard Mr S. Harbord on behalf of the that such amendment shall take effect as from applicant and Mr G. J. Martin on behalf of the the beginning of the first pay period com- respondents, and by consent, I, the undersigned, mencing on or after the date hereof. Chief Industrial Commissioner of The Western Dated at Perth this 24th day of February, 1967. Australian Industrial Commission, in pursuance of (Sgd) J. R. FLANAGAN, the powers contained in section 92 of the Industrial [L.S.l Commissioner. Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— That the Municipal Outside Workers' (Town Schedule. of Kalgoorlie Town of Boulder, Shire of Kal- Clause 28—Wages: Delete (vi) of paragraph (a), goorlie and Shire of Coolgardie) Award, No. and paragraph (b) of subclause (2) and insert in 8 of 1961, as amended, be and the same is here- lieu thereof the following:— by further amended in accordance with the fol- lowing schedule and that such amendment shall 28.—Wages. take effect as from the beginning of the first Classification and margin over male basic pay period commencing on or after the date wage per week: $ hereof. (a) Sanitary Service Workers: Dated at Perth this 3rd day of March, 1967. (vi) Motor truck drivers on sani- (Sgd) S. F. SCHNAARS, tary work 15.70 LL.S.l Commissioner. (b) Motor Vehicle Drivers: (i) Not exceeding 25 cwt. capa- Schedule. city 8.60 1. Clause 5—Wages: Delete subclauses (a) and (ii) Exceeding 25 cwt. and not ex- (b) of this clause and insert in lieu thereof the fol- ceeding 3 tons capacity .... 10.10 lowing:—■ $ (iii) Exceeding 3 tons and under 6 (a) Basic Wage (male) per week 33.50 tons capacity 11.70 (b) Classifications and adult male margins For each complete ton over per week: 5 tons capacity, twenty-five (i) Sanitary Workers— cents additional margin: Pro- (a) Leading hand stageman .... 10.35 vided that the maximum (b) Men cleaning sewers 6.10 amount shall not exceed four (c) Men engaged cleaning septic dollars. tanks— (iv) Drivers of loaded motor (i) When employed thereon wagons (except tractors) continuously for a week or drawing a loaded trailer also longer 18.60 (not to include a mechanical (ii) When employed thereon horse) forty cents per day for less than a week of extra. forty hours 13.70 (v) Drivers of articulated vehicles (d) Men driving sanitary van or —not exceeding 8 tons capa- slop cart 15.70 city 14.20 (e) Sewage treatment works Exceeding 8 tons capacity: attendant 15.10 For each complete addi- (f) All workers engaged collecting tional ton, twenty-five cents and disposing of night soil, additional margin: Provided urine slops and in the per- that the maximum amount formance of work particularly shall not exceed five dollars. appertaining thereto 10.35 10 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(g) Garbage drivers (motor) shall (iv) General— be paid one dollar ninety cents (a) Turf wicket keepers per week in addition to the (b) Gardeners appropriate vehicle drivers (c) Power mower driver rate in (ii) and (iii) hereof. (d) Rock crusher man (e) Leading hand (h) Rubbishmen 7.50 (f) Jackhammer and pneumatic (ii) Motor Vehicle Drivers: drill man (a) Not exceeding twenty-five cwt. (g) Concrete slab layer capacity 8.60 (h) Concrete kerb layer (i) Labourers (b) Exceeding twenty-five cwt. and not exceeding three tons capacity 10.10 (c) Exceeding three tons capacity and under six tons capacity .... 11.70 NURSES. For each complete ton over (Infant Health—Government.) five tons capacity, twenty-five Award No. 6 of 1965. cents additional margin: Pro- vided that the maximum shall BEFORE THE WESTERN AUSTRALIAN not exceed four dollars. INDUSTRIAL COMMISSION. (d) Drivers of loaded motor wag- No. 48 of 1967. ons (except tractors) drawing Between the Royal Australian Nursing Federation a loaded trailer also (not to (Western Australian Branch) Industrial Union include a mechanical horse) of Workers, Perth, Applicant, and Hon. forty cents per day extra. Minister for Health, Respondent. (e) Drivers of Articulated Vehic- les: Not exceeding eight tons HAVING heard Mr D. Giles on behalf of the appli- capacity 14.20 cant and Mr L. Hitchen on behalf of the respon- Exceeding eight tons cap- dent, and by consent, I, the undersigned, Com- acity—For each additional ton, missioner of The Western Australian Industrial twenty-five cents additional Commission, in pursuance of an allocation to me margin: Provided that the by the Chief Industrial Commissioner and in pur- maximum amount shall not suance of the powers contained in section 92 of exceed five dollars. the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order (f) Drivers, Machinery float hav- and declare— ing makers capacity of eight That the Infant Health Nurses' (Govern- tons or less 15.50 ment) Award, No. 6 of 1965, as amended, be For each complete addition- and the same is hereby further amended in al ton twenty-five cents addit- accordance with the following schedule and ional margin: Provided that that such amendment shall take effect as the maximum amount shall from the beginning of the first pay period not exceed five dollars. commencing on or after the date hereof. (iii) Machine Drivers— Dated at Perth this 24th day of February, 1967. (a) Oil driven power road roller 9.30 (Sgd)J. R. FLANAGAN, (b) Vibrator roller operator (hand) 6.70 [L.S.] Commissioner. (c) Tractors without power oper- ated attachments or with pow- er operated attachments not Schedule. in use 8.40 Clause 21—Wages: Delete subclause (2) and in- (d) Tractors while using power sert in lieu thereof the following:— operated attachments: $ (i) 35 brake horsepower .... 9.30 (2) Margins per week above basic wage— (ii) Over 35 brake horse power (a) Staff Supervisor and not exceeding 70 First year 27.50 brake horsepower 11,10 Thereafter 29.60 (iii) Over 70 brake horse- (b) Senior Sister— power and not exceeding 130 brake horsepower .... 12.30 (i) Correspondence— (e) Front end and overhead load- First year 23.40 ers (appropriate tractor mar- Thereafter 24.40 gin). (ii) Mothercraft— (f) Excavator drivers 11.80 First year 22.30 (g) Power Graders— Thereafter 23.40 (1) Drawn type, power oper- (c) Sisters employed in Correspon- ated control 11.25 dence and Mothercraft sections 21.70 (ii) Single unit^—forty brake (d) Sisters employed in Clinics— horsepower and under .... 10.25 First year 19.30 (iii) Single unit—over forty Second year 20.30 brake horsepower .... 11.85 Thereafter 21.05 248 [19 April, 1967.

NURSES. trial Arbitration Act, 1912-1966, and all other (Home of Peace.) powers therein enabling me, do hereby order and declare— Award No. 28 of 1963. That the Nurses (Silver Chain Association) BEFORE THE WESTERN AUSTRALIAN Award, No. 14 of 1965, as amended, be and the INDUSTRIAL COMMISSION. same is hereby further amended in accordance No. 49 of 1967. with the following schedule and that such Between the Royal Australian Nursing Federation amendment shall take effect as from the be- (Western Australian Branch) Industrial Union ginning of the first pay period commencing on of Workers, Perth, Applicant, and Home of or after the date hereof. Peace Incorporated, Respondent. Dated at Perth this 24th day of February, 1967. HAVING heard Mr D. Giles on behalf of the (Sgd) J. R. FLANAGAN, applicant and Mr D. L. Hosking on behalf of the [L.S.] Commissioner. respondent, and by consent, I, the undersigned, Commissioner of The Western Australian Indus- trial Commission, in pursuance of an allocation Schedule. to me by the Chief Industrial Commissioner and Clause 7—Wages: Delete paragraph (b) of sub- in pursuance of the powers contained in section clause (2) and insert in lieu thereof the follow- 92 of the Industrial Arbitration Act, 1912-1966, ing:— and all other powers therein enabling me, do hereby (b) Adults (margin per week): $ order and declare— Sister—■ That the Nurses' (Home of Peace) Award, First year 20.70 No. 28 of 1963, as amended, be and the same Thereafter 22.90 is hereby further amended in accordance with After five consecutive years' ser- the following schedule and that such amend- vice ...... 24.15 ment shall take effect as from the beginning Supervisor— of the first pay period commencing on or First year 25.15 after the date hereof. Thereafter 27.25 Dated at Perth this 24th day of February, 1967. (Sgd) J. R. FLANAGAN, [L.S.I Commissioner. NURSES. (Doctors' Surgeries.) Schedule. Award No. 21A of 1962. Clause 21—Salaries. Delete subclause (c) and BEFORE THE WESTERN AUSTRALIAN insert in lieu thereof the following:— INDUSTRIAL COMMISSION. (c) Margin (per week): $ No. 52 of 1967. Sister— Between the Royal Australian Nursing Federation First year 17.35 (Western Australian Branch) Industrial Union Thereafter 18.95 of Workers, Perth, Applicant, and Dr Roland Assistant Matron— Nattrass and others. Respondents. 50 and under 100 beds 23.00 HAVING heard Mr D. Giles on behalf of the 100 and under 200 beds 25.85 applicant and Mr D. L. Hosking on behalf of the 200 and under 300 beds 28.55 respondents, and by consent, I, the undersigned, Matron— Commissioner of The Western Australian Indus- 50 and under 100 beds 24.50 trial Commission, in pursuance of an allocation to 100 and under 200 beds 34.10 me by the Chief Industrial Commissioner and in Over 200 beds 39.40 pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare.— That the Nurses (Doctors' Surgeries) Award, NURSES. No. 21A of 1962, as amended, be and the same (Silver Chain.) is hereby further amended in accordance with Award No. 14 of 1965. the following schedule and that such amend- ment shall take effect as from the beginning of BEFORE THE WESTERN AUSTRALIAN the first pay period commencing on or after INDUSTRIAL COMMISSION. the date hereof. No. 50 of 1967. Dated at Perth this 24th day of February, 1967. Between the Royal Australian Nursing Federation (Sgd) J. R. FLANAGAN, (Western Australian Branch) Industrial Union [L.S.] Commissioner. of Workers, Perth, Applicant, and Silver Chain Nursing Association Incorporated, Respondent. Schedule. HAVING heard Mr D. Giles on behalf of the appli- Clause 7—Wages: Delete subclause (b) of this cant and Mr D. L. Hosking on behalf of the respon- clause and insert in lieu thereof the following:—• dent, and by consent, I, the undersigned, Commis- (b) Margins (per week): $ sioner of The Western Australian Industrial Nurse— Commission, in pursuance of an allocation to me by (i) With less than one year's ex- the Chief Industrial Commissioner and in pursuance perience after registration .... 14.15 of the powers contained in section 92 of the Indus- (ii) Thereafter 15.00 19 April, 1967,] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 249

NURSES. NURSES. (Mothercraft, Home and Training Centre.) (Independent Schools.) Award No. 15 of 1965. Award No. 21B of 1962. BEFORE THE WESTERN AUSTRALIAN BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. INDUSTRIAL COMMISSION. No. 53 of 1967. No. 54 of 1967. Between the Royal Australian Nursing Federation Between the Royal Australian Nursing Federation (Western Australian Branch) Industrial Union (Western Australian Branch) Industrial Union of Workers, Perth, Applicant, and Scotch of Workers, Perth, Applicant, and Ngal-A College, and others, Respondents. Mothercraft Home and Training Centre In- corporated, Respondent. HAVING heard Mr D. Giles on behalf of the applicant and Mr D. L. Hosking on behalf of the HAVING heard Mr D. Giles on behalf of the appli- respondents, I, the undersigned. Commissioner of cant and Mr D. L. Hosking on behalf of the re- The Western Australian Industrial Commission, in spondent, and by consent, I, the undersigned, Com- pursuance of an allocation to me by the Chief missioner of The Western Australian Industrial Industrial Commissioner and in pursuance of the Commission, in pursuance of an allocation to me by powers contained in section 92 of the Industrial the Chief Industrial Commissioner and in pur- Arbitration Act, 1912-1966, and all other powers suance of the powers contained in section 92 of therein enabling me, do hereby order and declare— the Industrial Arbitration Act, 1912-1966, and all That the Nurses' (Independent Schools) other powers therein enabling me, do hereby order Award, No. 21B of 1962, as amended, be and and declare— the same is hereby further amended in accord- That the Mothercraft Home and Training- ance with the following schedule and that such Centre Nurses' Award, No. 15 of 1965, as amendment shall take effect as from the be- amended, be and the same is hereby further ginning of the first pay period commencing on amended in accordance with the following or after the date hereof. schedule and that such amendment shall take Dated at Perth this 24th day of February, 1967. effect as from the beginning of the first pay period commencing on or after the date hereof. (Sgd) J. R. FLANAGAN, [L.S.l Commissioner. Dated at Perth this 24th day of February, 1967. (Sgd) J. R. FLANAGAN, [L.S.] Commissioner. Schedule. Clause 7—Wage: Delete subclause (b) and in- sert in lieu thereof the following:— (b) Margins (per week) $ Schedule. Nurse— (i) With less than one years' Clause 22—Wages: Delete subclauses (5), (6), experience after registra- (7), (8), (9), (10), (11) and (12) and insert in tion 14.15 lieu thereof the following:— (ii) Thereafter 15.00 Margins (per week): (5) Infant Health Trainee with General and Midwifery Certificate 10.30 NURSES. (6) Infant Health Trainee with Midwifery (Dentists' Surgeries.) Certificate 6.45 Award No. 20 ©f 1965. (7) Trained Mothercraft Nurse: BEFORE THE WESTERN AUSTRALIAN 1st year 6.85 INDUSTRIAL COMMISSION. 2nd year 7.65 No. 55 of 1967. 3rd year 8.70 Between the Royal Australian Nursing Federation (8) Sister other than Ward and Depart- (Western Australian Branch) Industrial Union mental: of Workers, Perth, Applicant, and Messrs R. A. 1st year 14.15 Warmari, E. A. Adler, and others, Respondents. 2nd year 15.00 HAVING heard Mr D. Giles on behalf of the appli- cant and Mr D. L. Hosking on behalf of the re- (9) Sister Tutor, Ward and Departmental: spondents, and by consent, I, the undersigned, 1st year 19.30 Commissioner of The Western Australian Indus- trial Commission, in pursuance of an allocation to 2nd year 20.30 me by the Chief Industrial Commissioner and in Thereafter 21.05 pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all (10) Home Sister: other powers therein enabling me, do hereby order 1st year 17.35 and declare— Thereafter 18.95 That the Nurses' (Dentists' Surgeries) Award, (11) Deputy Matron 28.60 No. 20 of 1965, as amended, be and the same is hereby further amended in accordance with (12) Matron 39.50 the following schedule and that such amend- (B)—34015 250 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

ment shall take effect as from the beginning NURSES. of the first pay period commencing on or after (Tuberculosis.) the date hereof. Award No. 5 of 1965. Dated at Perth this 24th day of February, 1967. BEFORE THE WESTERN AUSTRALIAN (Sgd) J. R. FLANAGAN, INDUSTRIAL COMMISSION. [L.S.] Commissioner. No. 57 Of 1967. Between the Royal Australian Nursing Federation (Western Australian Branch) Industrial Union of Workers, Perth, Applicant, and Hon. Minis- Schedule. ter for Health, Respondent. Clause 7—Wages: Delete subclause (2) and insert HAVING heard Mr D. Giles on behalf of the appli- in lieu thereof the following:— cant and Mr L. Hitchen on behalf of the respond- ent, and by consent, I, the undersigned, Commis- (2) Margins (per week): $ sioner of The Western Australian Industrial Com- 1st year 8.65 mission, in pursuance of an allocation to me by the 2nd year and thereafter 9.70 Chief Industrial Commissioner and in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— That the Tuberculosis Nurses' Award, No. 5 of 1965, as amended, be and the same is hereby further amended in accordance with the fol- lowing schedule and that such amendment NURSES. shall take effect as from the beginning of the first pay period commencing on or after the (Perth Dental Hospital.) date hereof. Award No. 4 of 1965. Dated at Perth this 24th day of Febraary, 1967. BEFORE THE WESTERN AUSTRALIAN [L.S.l (Sgd) J. R. FLANAGAN, INDUSTRIAL COMMISSION. Commissioner. No. 56 of 1967. Schedule. Between the Royal Australian Nursing Federation (Western Australian Branch) Industrial Union Clause 31—Wages: Delete subclause (3) and in- of Workers, Perth, Applicant, and Board of sert in lieu thereof the following:— Management, Perth Dental Hospital, Respond- (3) Tuberculosis Staff Nurse (margin per ent. week): $ HAVING heard Mr D. Giles on behalf of the 1st year 13.35 applicant and Mr L. Hitchen on behalf of the 2nd year 14.15 respondent, and by consent, I, the undersigned, 3rd year 15.00 Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 of NURSES. the Industrial Arbitration Act, 1912-1966, and all (Private Hospitals.) other powers therein enabling me, do hereby Award No. 1 of 1966. order and declare:— BEFORE THE WESTERN AUSTRALIAN That the Dental Nurses Award, No. 4 of INDUSTRIAL COMMISSION. 1965, as amended, be and the same is hereby further amended in accordance with the No. 58 of 1967. following schedule and that such amendment Between the Royal Australian Nursing Federation shall take effect as from the beginning of the (Western Australian Branch) Industrial Union first day period commencing on or after the of Workers, Perth, Applicant, and St John of date hereof. God Hospital, and others, Respondents. HAVING heard Mr D. Giles on behalf of the appli- Dated at Perth this 24th day of February, 1967. cant and Mr D. L. Hosking on behalf of the re- (Sgd) J. R. FLANAGAN, spondents, and by consent, I, the undersigned, Com- [L.S.] Commissioner. missioner of The Western Australian Industrial Commission, in pursuance of an allocation to me by the Chief Industrial Commissioner and in pur- suance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all Schedule. other powers therein enabling me, do hereby order Clause 19—Wages: Delete subclause (c) and and declare— insert in lieu thereof the following:— That the Nurses' (Private Hospitals) Award, (c) Dental Nurses (margin over basic wage No. 1 of 1966, be and the same is hereby per week): $ amended in accordance with the following schedule and that such amendment shall take First year 8.65 effect as from the beginning of the first pay Second year .... 9.70 period commencing on or after the date hereof. Third year 10.80 Dated at Perth this 24th day of February, 1967. Fourth year 12.15 [L.S.] (Sgd) J. R. FLANAGAN, Thereafter .... 14.15 Commissioner. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 251

Schedule. $ Clause 28—Wages: Delete this clause and insert (ii) Other Tutors and Clinical In- in lieu thereof the following:.— structors— First year .... 18.40 28.—Wages. Second year 21.65 (1) Wages shall be paid at least twice per calen- Third year .... 24.80 dar month or fortnightly at the option of Fourth year 27.25 the employer; provided that by agreement Thereafter 29.65 between the employer and the worker con- cerned wages may be paid once per calendar month. (2) Basic Wage (per week): $ Male — — — 33.50 OPTICAL MECHANICS. Female 25.13 Award No. 13 of 1954. (3) Student Nurses (per cent, of female basic wage per week)— % BEFORE THE WESTERN AUSTRALIAN (a) First year 52J INDUSTRIAL COMMISSION. Second year 60 No. 225 of 1966. Third year 88 Between the West Australian Jewellers, Watch- Fourth year 84 makers, Optical Technicians and Allied Trades (b) Student Nurse for Special Certifi- Industrial Union of Workers, Applicant, and cate (margin over basic wage per Laubman and Pank (W.A.) Pty Ltd, and others, week)— Respondents. Trained Nurse—Midwifery .... 10.30 Before Mr Commissioner J. R. Flanagan. (4) Midwifery Nurse without General Cer- tificate 13.35 The 5th day of April, 1967. Mr Ii. A. Hartley on behalf of the applicant. (5) (a) A nurse with less than two years' experience after completion of Mr H. J. de Burgh on behalf of the respondents. general training and who is regis- Judgment. tered or entitled to be registered with the Nurses' Registration THE COMMISSIONER: This is an application by Board 14.15 The West Australian Jewellers, Watchmakers, Op- (b) A nurse with more than two tical Technicians and Allied Trades Industrial years' experience after completion Union of Workers to amend clause 10, Wages and of general training and who is clause 13, Meal Money, of the Optical Mechanics' registered or entitled to be regis- Award No. 13 of 1954. tered with the Nurses' Registra- This Award was made by the Court of Arbitra- tion Board 16.60 tion on the 21st June, 1955, and resulted from con- sideration of, inter alia, claim for an increase (c) A nurse who is in charge of a in the margin of two pounds then prescribed for ward, floor, operating theatre or an optical mechanic. From this consideration a department in a hospital where margin of three pounds, two shillings and sixpence student nurses are employed— was fixed, being three shillings less than that pre- First year 20.70 scribed for an 'optical worker and repairer' under a Thereafter 22.90 Victorian Determination of the Opticians' Board. (d) A nurse in charge of three, four The rate thus assessed was subsequently increased or five major theatres— to the present amount of nine dollars forty cents First year 24.40 by the application of various percentage formulae Thereafter 26.40 arising from decisions of the Commonwealth Com- (e) Night Superintendent— mission which were based on economic considera- First year 22.65 tions in respect of the Federal Metal Trades Award. Thereafter 24.65 In claiming a margin of fifteen dollars fifty cents, (f) Senior or Administrative Sister .... 30.40 the applicant seeks marginal parity with trades- men employed under the provisions of the Metal (g) Deputy Matron 32.50 Trades (General) Award No. 13 of 1965, and the (h) (i) Matron "C" Class Hospital Building Trades Award No. 24 of 1958, as amended with an adjusted bed average and consolidated. of—■ It was contended by the applicant that the mar- Under 20 beds 24.90 gin of fifteen dollars fifty cents fixed by the Com- 20 and under 30 beds .... 28.00 mission in June, 1966, for tradesmen in the metal 30 and under 50 beds .... 30.10 and building trades awards and the fixation of 50 beds and over 32.20 twelve dollars and ten dollars eighty cents as mar- (ii) Matron "A" Class Hospital gins respectively for a trolley bus or omnibus driver with an adjusted bed average and a truck driver of a vehicle in excess of a three of— ton capacity, combined to depreciate the margin of Under 25 beds 31.20 an optical mechanic in terms of comparative wages. 25 and under 50 beds .... 34.20 Attention was also drawn to the comparatively 50 and under 75 beds .... 39.50 short period of time necessary to acquire the essen- 75 to 100 beds 45.60 tial skills, and knowledge to adequately perform the (i) (i) Principal Tutor— duties of the aforementioned classifications of bus First year 40.75 driver and truck driver in contrast to the serving Second year 42.55 of a recognised five year period of apprenticeship Thereafter 44.35 before qualifying as an optical mechanic. 252 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

It was submitted that the application of the industries where the general level of wages paid principle of comparative wage justice, together with exceeds in varying degrees the minimum rate pre- an evaluation of the work of an optical mechanic, scribed by the various awards. would fully justify the claim of a margin of fifteen In an industrial situation where the incidence of dollars fifty cents. "attraction" wages are prevalent and in this con- As to work value considerations, no evidence was text I include the inducements of guaranteed over- called by the applicant to enable the Commission time, it follows that, in the minds of many young to examine properly the skill and responsibility or persons, the long term consideration of a more make a comparison of the work of the particular favourable and secure economic position repre- calling with the work of those tradesmen with sented by qualification in a particular trade is sub- whom an equivalent margin is sought. The Com- ordinated by the transient consideration of imme- mission was afforded the opportunity on an inspec- diate higher earnings. tion of four firms, two of which are engaged ex- To this extent therefore many trades have ex- clusively in the wholesale trade, to view all of the perienced some difficulty in the recruitment of ap- routinal phases of workshop practice generally car- prentices. ried out by optical mechanics in this State. In this connection it should be said that the visual In these proceedings an exhibit was entered by experience together with the information proffered the applicant listing "the wages being paid to and gleaned during inspection of work on the Optical Technician (Tradesmen) in Western Aus- various processes in the grinding and fitting of tralia" for the period 19th October, 1966 to 30th lenses, cannot be in substitution for sworn evidence November, 1966. subjected to the test of cross examination. This record of wages indicated that total rates However, despite this inadequacy, the applicant ranging from forty two dollars sixty six cents to did attempt to demonstrate the value that the rela- sixty five dollars per week are being paid to thirty tively few mechanics employed in the industry has six optical mechanics with an average per capita to the community at large. payment amounting to fifty two dollars per week. In this regard, reference was made, firstly to a The question one may pose is whether such over limited survey undertaken by the applicant for the award payments can be attributed to the present purpose of ascertaining the optical requirements industrial climate and whether such payments are of workers in certain industries. It was said that in fact "attraction" rates. In this matter the in one establishment, Western Aluminium N.L. a record shows that in the reasons for decision of subsidiary of Alcoa of Australia Ltd., approxi- Mr Davies which accompanied the decision of the mately one third of the work force use spectacles. President of the Court of Arbitration when in A further submission made in support of the 'value June, 1955, the minutes of the present award were to community' consideration was to draw attention issued, in the course of disallowing the union's to the expansion of population in this State, a 13.4 claim for a "no reduction" clause he is reported per cent, increase over the past five years, with no as saying: corresponding increase in the number of optical mechanics employed. It would appear, however, that the value of It was anticipated by the applicant that the the clause is psychological rather than prac- number of mechanics currently employed would tical because the payment of over award rates continue to decline, a contributing factor being may be terminated legally quite easily. The the opportunities that will be created for mechanics evidence clearly indicated that amounts in ex- to qualify as optical dispensers under the provisions cess of the minimum rate prescribed in the of a recently enacted Statute known as the Optical Award were being paid in many instances and Dispensers' Act 1966. irTsome cases very substantial amounts. (35, An examination of the record relating to the W.A.I.G., 216.) (The underlining is mine.) intake of apprentices to this industry discloses a progressive decrease in registered apprenticeships In view of the foregoing it would not be an from twenty eight in 1945, thirteen in 1954, down to unreasonable inference to deduce that the policy the present level of six. and practice of the payment of rates in excess of Prom this situation the view was pressed that the minima in this industry has been a continuing ex- existing marginal rate prescribed by the award is perience for at least the past twelve years and is insufficient to attract boys to enter the trade when not a result of the particular factors referred to opportunities exist for work in other callings which, earlier which have been responsible for "attraction" though requiring less skill, return a much higher rates. remuneration. In considering a claim for an increase in mar- ginal rates, the question arises as to what weight, Of course it must be acknowledged that mechan- if any, should be given to a situation where the isation of the industry to the degree reached and evidence strongly suggests that all employers in an the concentration of work largely among two industry have evaluated the tradesmen in their wholesaling firms would be major reasons for what employment at marginal levels of the order indi- would seem a dramatic decline in the apprentice- cated in the record exhibited and in a manner ship intake. which would call for a similar comment to the But in any event this problem is not one which one made by Mr Davies in 1955, namely, "in some particularly in recent years and prior to the estab- cases" by "very substantial amounts." lishment of the Apprenticeship Advisory Council in For the respondents Mr de Burgh argued that 1964, has been confined solely to this industry. I should disregard actual rates being paid as the The demands on manpower made by an expand- applicant had not shown the reason for the pay- ing economy which cannot be met as the occasion ment of such rates. He, however, went on to postu- requires, naturally creates problems not the least late a number of reasons that could account for of which is the competing for labour in short sup- such payment without indicating whether in any ply. This in turn has led to situations in some particular instance any of such reasons advanced 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 253

did actually apply. It seems that the opportunity to lower than the margin fixed for an "optical worker fill the gap created by the applicant's omission or and repairer" under a Victorian Wages Board inability to state precisely why the excess rates are Determination; the relativity still exists in terms of paid, would have been availed of by the respond- nine dollars forty cents and nine dollars eighty ents and not left to the Commission to indulge in cents respectively and as the work of an "optical a speculative exercise. worker and repairer" is practically identical with In an appeal re Crown Employees (Electrical the work performed by an "optical mechanic" in Inspectors P.W.D.) Award in 1963 the relevancy of this State, there should be no disturbance to the paid rates in other than a 'first award' case was existing relativity. acknowledged by Beattie J. of the New South Wales Drawing on his experience in the optical trade in Industrial Commission in these terms— Victoria Mr A. W. Holland, Manager and Director No tribunal, however skilled and experienced of O.P.S.M. Spectacle Makers, said in evidence that can hope to arrive at a satisfactory estimate of the work of an optical worker in Victoria is the what particular work is worth if it confines same as that of an optical mechanic in this State. itself to a consideration of the work itself and He said that due to mechanised aids the skill re- fails to take into account material which will quired of an optical mechanic was less today, but give a lead to the task of estimation. One indicated he was "not saying that an individual class of such material, and a class which will man might not be higher skilled." be available in all cases is evidence as to the To a question put under cross examination, rates at which the employees are being paid at whether there is any difference in the work as set the time of the proceedings for an award. out in the New South Wales award between the Such evidence can be of some assistance, in work of an optical mechanic in that State, whose every case, whether it be a 'first award' case or margin is eleven dollars twenty cents, to that ex- a case dealing with an industry which has been pected of an optical mechanic in W.A., Mr Holland considered many times; . . . (1963, A.R., 501 said— at 505.) No, it is like the Victorian one. It is worded In the circumstances of the present case I con- differently; but it comes down to the same sider it proper to this Commission's jurisdiction in thing. a claim for marginal increase, to take into account actual rates being paid. However, this is not to In the light of this evidence it would seem to lead say that irrespective of the circumstances which to the conclusion that if considered on the basis give rise to over award payments, there should be of "like with like," the marginal rate of an optical an unqualified acceptance of such payments as a mechanic in this State should not exceed the rate basis in determining what is fair and reasonable in prescribed for his counterpart in New South Wales. the assessment of a marginal rate. However, to do so would suggest an unquestioning acceptance of the fact that the rates prescribed It is important to note that in the majority elsewhere are to be regarded today as proper rates judgment of the Commonwealth Commission in the for the purpose of comparative wage justice. 'The National Wage Case of 1965 Their Honours said— fixation of such rates does not appear to have Arbitration does not exist to serve as a rub- resulted from arbitral assessments and while some ber stamp for over award payments which assistance could be derived from a consideration of often depend upon the special circumstances in such rates at the levels prevailing when the margin which they are obtained, including the policy was last reveiwed in 1955, I am reluctant, in the of using strikes or the threat of them, a policy light of the other submissions put to me by the diametrically opposed to arbitration, (B 429 applicant, to accept these rates as the sole basis at p. 72.) for re-assessment in these proceedings. While this statement serves to clearly express a In assessing the margin of an optical mechanic I guiding principle in respect of over award pay- have taken in account not only the nature of the ments, it does not, in my opinion, detract from or work and its responsibilities and the relevant skill conflict with the pronouncement referred to earlier required for its performance but I have also con- in this decision of the propriety to consider "the sidered carefully the matters of the level of existing rates at which the employees are being paid at the rates and the value to the community of this class time of the proceedings for an award" when pre- of tradesman. scribing an appropriate marginal rate. Prom all of these considerations I have reached Prom this consideration I turn now to deal with the conclusion that a fair and reasonable margin the aspect of comparative wage justice as viewed for the classification of an optical mechanic should by and advanced on behalf of the applicant union be twelve dollars fifty cents and I so award. It and respondents respectively. is to be understood that in fixing this rate I have For the applicant the summarised case can be also taken into account the appropriate percentage found in the following submission by Mr Hartley: increase flowing from the recent decision of the Commonwealth Commission in respect of the The drastically changed circumstances which Federal Metal Trades Award. now exist, namely the altered marginal rate relativity between the optical mechanics and By consent of the parties the allowance for a other tradesmen and some semi skilled workers meal under the provisions of the Meal Money clause demanded that an approach be made for mar- is increased to sixty cents and also by consent the ginal increases which in our opinion would give provision regulating the payment of additional comparative wage justice to optical mechanics amounts to leading hands to vary in accordance as tradesmen. (Transcript p. 2.) with the numbers of mechanics under supervision is included in the wage clause of the minutes of the On the other hand, for the respondents it was proposed amendments which will now issue. argued that, the marginal assessment made by the Court of Arbitration in 1955 fixed a rate slightly Order accordingly. 254 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

BEFORE THE WESTERN AUSTRALIAN PARTICLE BOARD MANUFACTURING. INDUSTRIAL COMMISSION. Award No. ZZ of 1964. BEFORE THE WESTERN AUSTRALIAN No. 225 Of 1966. INDUSTRIAL COMMISSION. Between the West Australian Jewellers, Watch- No. 118 of 1967. makers, Optical Technicians and Allied Trades Between United Metropolitan Timber Yards, Saw- Industrial Union of Workers, Applicant, and mills and Woodworkers Employees' Union of Laubman and Rank (W.A.) Pty Ltd, and others, Workers, Applicant, and Westralian Plywoods Respondents. Pty Ltd, Respondent. HAVING heard Mr R. A. Hartley on behalf of the HAVING heard Mr G. Brown on behalf of the applicant and Mr H. J. de Burgh on behalf of the applicant and Mr H. J. de Burgh on behalf of the respondents, I, the undersigned, Commissioner of respondent, and by consent, I, the undersigned, The Western Australian Industrial Commission, in Commissioner of The Western Australian Indus- pursuance of an allocation to me by the Chief In- trial Commission, in pursuance of an allocation dutrial Commissioner and in pursuance of the to me by the Chief Industrial Commissioner and powers contained in section 92 of the Industrial in pursuance of the powers contained in section 92 Arbitration Act, 1912-1966, and all other powers of the Industrial Arbitration Act, 1912-1966, and therein enabling me, do hereby order and^declare— all other powers therein enabling me, do hereby That the Optical Mechanics Award, No. 13 order and declare— of 1954, as amended, be and the same is hereby That the Particle Board Employees' Award, further amended in accordance with the fol- No. 22 of 1964, as amended, be and the same lowing schedule. is hereby further amended in accordance with Dated at Perth this 6th day of April, 1967. the following schedule and that such amend- ment shall take effect as from the beginning of (Sgd) J. R. FLANAGAN, the first pay period commencing on or after [L.S.] Commissioner. the date hereof. Dated at Perth this 17th day of February, 1967. (Sgd) D. CORT, Schedule. LL.S.l Commissioner. 1. Clause 13—Meal Money: Delete this clause and insert in lieu thereof:— Schedule. Clause 5—Wages: Delete this clause, and insert 13.—Meal Money. in lieu thereof the following:— When a worker without being notified on the 5.—Wages. previous day is required to continue working $ after the usual knock-off time for more than (1) Basic Wage (per week) 33.50 one hour or after 6 p.m. whichever is the later, (2) Adult Males (margin over basic wage he shall be provided with any meal required or per week): shall be paid sixty cents In lieu thereof. Pro- Forming line attendant 9.65 vided that such payment need not be made to Press operator 7.25 workers who can reasonably return home for a Operator flaking machine required meal. to change knives 6.10 Sanding machine operator 5.15 2. Clause 25—Wages: Delete this clause and Glue mixer 4.50 insert in lieu thereof:— Chip and glue mixer 4.50 Press assistant 4.50 25.—Wages. Factory hand 2.90 The minimum rates of wages payable to workers (3) Junior Workers (per cent, of basic covered by this award shall be as follows:— wage per week): % $ Between 14 and 15 years of age .... 30 (1) Basic Wage—Males (per week) .. . 33.50 Between 15 and 16 years of age .... 35 (2) Margin—Males (per week): Between 16 and 17 years of age .... 45 Optical mechanics 12.50 Between 17 and 18 years of age .... 55 (3) Apprentices (per cent, of male basic wage Between 18 and 19 years of age .... 70 per week): % Between 19 and 20 years of age .... 80 First year 35 Between 20 and 21 years of age .... 95 Second year 50 Third year 68 PLYWOOD AND VENEER WORKERS. Fourth year ... 90 Award No. 24 of 1952. Fifth year ...... 100 plus $3.82 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. (4) Leading Hands: Any optical mechanic placed in charge of three and not more than ten No. 119 of 1967. optical mechanics shall be paid two dollars Between United Metropolitan Timber Yards, Saw- and twenty cents per week extra; more than mills and Woodworkers Employees' Union of ten and not more than twenty optical mech- Workers, Applicant, and Westralian Plywoods anics four dollars and thirty five cents per Pty Ltd, and others. Respondents. week extra; more than twenty optical mech- HAVING heard Mr G. Brown on behalf of the anics six dollars and forty five cents per applicant and Mr H. J. de Burgh on behalf of the week extra. respondents, and by consent, I, the undersigned. 19 April, 1967.] WESTERN 255

Commissioner of The Western Australian Indus- PRINTING. trial Commission, in pursuance of an allocation to (Country.) me by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 Award No. 13 of 1960. of the Industrial Arbitration Act, 1912-1966, and BEFORE THE WESTERN AUSTRALIAN all other powers therein enabling me, do hereby INDUSTRIAL COMMISSION. order and declare— No. 181 of 1965. That the Plywood and Veneer Workers' Award, No. 24 of 1952, as amended, be and the Between Albany Advertiser (1932) Limited, and same is hereby further amended in accordance others, Applicants, and Printing and Kindred with the following schedule and that such Industries' Union, Western Australian Branch, amendment shall take effect as from the be- Industrial Union of Workers, Respondent. ginning of the first pay period commencing on No. 207 of 1967. or after the date hereof. Between Albany Advertiser (1932) Limited, Appli- Dated at Perth this 17th day of February, 1967. cant, and Printing and Kindred Industries' (Sgd) D. CORT, Union, Western Australian Branch, Industrial [L.S.] Commissioner. Union of Workers, Respondent. No. 454 of 1966. Between Printing and Kindred Industries' Union, Schedule. Western Australian Branch, Industrial Union Clause 5.—Wages: Delete this clause, and insert of Workers, Applicant, and Albany Advertiser in lieu thereof the following:— (1932) Limited, and others, Respondents. 5.—Wages. Before Mr Commissioner D. E. Cort. (a) Basic Wage (per week): $ The 21st day of March, 1967. Males 33.50 Mr J. Ince on behalf of the Albany Advertiser Females 25.13 (1932) Limited, and others. Mr J. H. Williams on behalf of the Union. (b) Adult Males (margin per week): Man in charge of log yard and/or Judgment. power crosscut saws 5.15 Veneer lathe machinist— THE COMMISSIONER: These are applications by Over 3 ft. 6 ins. 10.60 the employers and the union to amend certain of 3 ft. 6 ins. or under 7.70 the provisions of the Printing (Country) Award Veneer lathe operator— No. 12 of 1960. That award was issued on the Over 3 ft. 6 ins 4.65 15th September, 1961, following a decision of the 3 ft. 6 ins. or under 3.75 then Conciliation Commissioner (41 W.A.I.G. p. Guillotine operator 4.65 672). Guillotine assistant 3.90 The employers seek the deletion of subclause (f) Kiln operator in charge 4.65 of clause 14, Overtime, which requires an employer Core Sawyers 3.90 to pay a worker double rate for all time worked Glue or case in mixer 3.90 after completing forty hours in five consecutive Core or centre layer 4.65 shifts unless a clear interval of twenty-four hours Press hand in charge 4.65 is allowed after the fifth shift, and an amendment Press assistant 3.90 to clause 14, Overtime, and clause 19, Annual Leave, Trim sawyer or parallel saws .... 3.90 so that workers, employed by the Albany Advertiser Panel sawyer 4.65 (1932) Limited may be required to work on Easter Drum sander machinist 5.15 Monday. The union's application is concerned with Belt sander machinist 3.90 clause 8, Wages, whereunder a claim is made that Grader in charge 4.65 no worker should be paid a wage less than thirty- Factory or yard hand (as defined) 1.55 seven dollars twenty-five cents for his ordinary Other unclassified male adults .... Nil horns of work. (c) Adult females: In relation to the deletion of subclause (f) of During the first three months' clause 14, Overtime, Mr Ince submitted, the sub- experience in the industry .... Nil clause could be applied in a manner not originally Thereafter 2.70 intended and that with the introduction of the (d) Junior males (per cent, of male five day week, the reason for its inclusion in the basic wage per week): $ award had disappeared. He pointed out that, keeping in mind all of the award provisions, a Between 14 and 15 years 30 worker on a five day week, Monday to Friday in- Between 15 and 16 years 35 clusive, may be said to be entitled to double time Between 16 and 17 years 45 for any overtime worked on Friday night and that, Between 17 and 18 years 55 if any overtime were worked on a Saturday and Between 18 and 19 years 70 Sunday, then there may be an entitlement to Between 19 and 20 years 80 double time for work performed on the Monday and Between 20 and 21 years 95 the following ordinary working days of the next (e) Junior females (per cent, of female week. Mr Williams agreed that, at least to some basic wage per week): extent, the subclause could be applied in a man- Under 17 years 45 ner not intended but felt it should be amended Between 17 and 18 years 55 to correct any defects rather than being deleted. Between 18 and 19 years 70 He then suggested that the parties should confer Between 19 and 20 years 80 in an endeavour to reach an agreement on that Between 20 and 21 years 95 amendment. 256 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

At the conclusion of the hearing the parties formed on the holidays. Following the issuing were advised that a conference should be held of Award No. 12 of 1960 the parties had agreed and that if agreement were possible the Commis- at Albany that they would regularly perform sion should be informed. It was indicated that work on five of the public holidays, namely otherwise the matter would be determined in order Australia Day, Labour Day, Anzac Day, Founda- that each of these applications could be dealt tion Day and Queen's Birthday, and this with before Easter. meant, in effect, that they received an addi- tional week's annual leave in lieu thereof. In considering the provision it appears that first it was directed towards ensuring a twenty-four hour break from work in the same way as subclause . . . The Commissioner stated that, in his (i) of the clause grants an additional payment opinion, there was not an obligation to perform to a worker who does not receive an eight hour normal duties on every Easter Monday expres- sed through the overtime clause in the award, break between work on successive days. Secondly, notwithstanding that overtime could be re- although an extract from the transcript notes of quired on that particular day to meet special the 1961 proceedings in regard to Award No. 12 circumstances. He stated that it was in the of 1960 attributes certain comments to Mr Hearle, interests of the employees to ensure that the for the union, it was more appropriate for Mi- general public of Albany receive their local Martin, for the employers, to have made those newspaper as regularly as possible and it was comments and it may well be that the transcript not in their best interests or the employer's is faulty. Thirdly, the subclause only applies to that a full week should elapse without the pub- a worker required to work forty hours in five con- lic of Albany receiving a local newspaper. He secutive shifts and whatever may be the application further suggested that the parties should again of the clause, intended or otherwise, an employer confer and he strongly recommended that, not- could quite easily avoid bringing a worker within withstanding- the award provisions, the workers its terms by not requiring him to work those forty perform the work required on Easter Monday. hours. In all of the circumstances and in order to The Commissioner then indicated that whilst achieve what I consider was the intention of the he could not see that there was a legal obliga- subclause, namely to deter an employer from re- tion to regularly work every Easter Monday as quiring a worker to work over the "weekend" with- required by the employer under the overtime out a break, the clause will be amended. The clause, the employer should consider making an parties should carefully consider the minutes of the application to amend the award to cover a cir- proposed order to make certain that the subclause cumstance of this nature. There was a prime only achieves that result and is not otherwise defec- obligation to regulate an industry on the basis tive. that the production of a newspaper should con- tinue wherever reasonably deemed desirable and The next matter is the employer's claim to advisable by the employer, and that workers in amend the overtime and annual leave clauses of an Industry of this nature should be aware of the award. this basic requirement. The application arises from a refusal by em- This year the employer again requested his em- ployees of the Albany Advertiser (1932) Limited ployees to work on Easter Monday so that the to work on Easter Monday for the purpose of paper could be published and this application was printing the local newspaper. This question was filed with the Commission when those employees the subject of a compulsory conference before refused to so work. the Chief Industrial Commissioner prior to Easter 1966 and the following extracts from the report With respect, I agreed with the aforestated re- on that conference (46 W.A.I.G. p. 526) are suf- ported comments of the Chief Industrial Commis- ficient to indicate the reason for the application:— sioner and the application will be granted in prin- ciple. The wording of an award should not deprive The dispute arose over the refusal of the em- the public of a newspaper and the award will be ployees to work on Easter Monday, 11th April, amended although not in the precise terms sought 1966. The employer desired to publish a paper by the applicant. on this particular day. Up until approximately In respect of the union's claim for the prescrip- two years ago the Albany paper was published tion of a minimum wage, Mr Williams submitted twice weekly, on Tuesdays and Fridays, and that such a wage should be granted in that it these papers were printed on the Mondays and flowed from the decision given by the Common- Thursdays. The system was then changed and wealth Conciliation and Arbitration Commission in three issues were published on Mondays, Wed- the Basic Wage, margins and Total Wage cases of nesdays and Fridays—and they were printed 1966. He pointed out that in the 1961 decision in and published on the same days. The Com- respect of this award, mention was made of the pany was unable to publish a paper on Good Federal Country Printing and Graphic Arts Awards Friday and consequently if a paper could not in such a way to indicate that certain of the pro- be published on Easter Monday, it would mean visions thereof, including the margins, had been of that the Albany newspaper would not be avail- some influence in the determination of matters able to the general public for a full week from then in dispute and that, since October 1966, both the Wednesday prior to Good Friday to the of those Federal awards had contained a minimum Wednesday following Good Friday. . . . wage provision similar to the one now claimed. Clause 18 (a) prescribes ten paid holidays. Mr Ince contended the application should be re- Clause 19 (h) prescribes that these holidays fused on the grounds that the decision on the mini- may be reduced to five where workers are re- mum wage should not be followed in that it was quired to work on a number of these holidays, unusual arising as it did from applications to pre- and in such case an additional week shall be scribe a higher basic wage and increased marginal added to the annual leave. Clause 14 (d) pre- rates either separately or as a total wage on a scribes the rate of double pay for work per- consideration of the overall state of the economy 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 257 rather than the needs of a low wage earner; that occasion, when, for the first time, the Com- there was really nothing before the Commonwealth mission has competing claims about both basic Commission upon which the precise wage as fixed wage and margins, the Commission can in my could have been determined; that notwithstanding view without further inquiry attempt some how that precise wage was determined, the Com- other and special measure to meet the condi- mission in Court Session in this State had in 1964 tion of low wage earners. It seems to me been called upon to fix a basic wage sufficient to proper to write into the Metal Trades Award meet the needs of a basic wage earner and a mini- a provision that no employee working under mum wage higher than that basic wage as adjusted the award shall receive as actual pay less by price indices should not be prescribed; that the than the sum of the basic wage applicable to applicant had not discharged the onus of showing him and an amount of $3.75 a week. This that a minimum wage should be fixed at a level will have the effect of ensuring that low wage higher than the 1964 basic wage as adjusted and earners employed under the Metal Trades that, in any event, if the application were granted Award will receive an increase which should in principle, the minimum wage should be thirty- improve their economic situation. They are six dollars fifty-five cents and not thirty-seven dol- probably not great in number and the lars twenty-five cents as claimed. amelioration of their circumstances should not Before consideration is given to the aforemen- not have any great economic effect overall. tioned submissions, it is desirable to set out relevant extracts from the decisions dated the 8th July, WINTER, C.: Apart from other factors, 1966, of the members of the Commonwealth Com- questions directed by the Commission during mission— these proceedings made it clear that the Com- mission was concerned with the plight of the WRIGHT, J.: I believe that in the matter low-wage earner - . . of marginal rates—while they remain in the award—established relativities between classi- fications of workers are of importance, and According to current and predictable eco- should not be disturbed on general economic nomic realities, Australia has attained a grounds. To this I would make one exception, position wherein there should not be pre- however, in order to preserve to the most scribed in the Metal Trades Award, a marginal lowly-rated employees what I would term a rate which would not permit the recipient to "decent wage" and we propose to make such live in a reasonable standard of living. It is an exception on a provisional basis. not necessary to undertake an elaborate, lengthy or widespread examination to discover . . . The object of this proposal is to relieve that a man with wife and children would the position of the lowly-paid workers who are have extreme difficulty in living in conformity on award rates . . . with the reasonable needs of this civilised community on, say, a weekly margin of 9s. or Such amelioration can be effected, pending further investigation, only upon general im- 17s. 6d. added to a basic wage of £15 7s. per pressions, but I think that a proper interim week. settlement requires payment to any adult male I consider that a platform should be built employee of a wage representing his appro- presently into the award below which plat- priate basic wage rate plus $3.75 a week. form there should not be any margins pre- GALLAGHER, J.: Two matters of import- scribed. I would set this figure at 37s. 6d. . . . ance call for remedial action. They are— and it is also relevant to refer to the comments (1) the need for immediate relief for the of Gallagher, J. made on the 28th October, 1966, low wage earner, and in an appeal concerning the Rubber Plastics and Cable Making Industry Award 1965. He stated— As to the first matter, the position of the low The decision of the Pull Bench was an wage worker calls under present circumstances interim one based upon the necessity for pro- for some increase in wage rates over and above viding immediate improvement of the economic that which will accrue to him by virtue of the position of lower paid workers confined to basic wage alteration now about to be made. award rates of pay. It was an economic decision which gave recognition to the well- . . . Having studied relevant statistical in- known precept applying to total wage fixa- formation indicating the number of employees tions as well as to basic wage determinations likely to be affected, I am satisfied that the that irrespective of the nature of his work and amount of this increase is within capacity. the conditions under which it is done an em- MOORE. J.: The problem of the low wage ployee is entitled to have included in his wage earner was raised by the President in the 1961 a monetary sum aimed at the provision of Basic Wage case (97 C.A.R. 376 @ p. 415) and the highest living standard for the wage earner has been the subject of discussion from time which the community can afford. to time since. In these proceedings the em- ployers suggested that there might be a special Since July, 1966, that minimum wage, comprised inquiry into the problems of low wage earners of an amount of three dollars seventy-five cents but that no special action should be taken added to the basic wage (or wages) in each award, about them now. has been applied in most of the industries covered by Federal awards. In this State the minimum An increase in the basic wage will help them wage, so fixed, is thirty-six dollars fifty-five cents because the basic wage forms a high percent- being the abovementioned three dollars seventy- age of thier income. This is a crude method five cents added to the basic wage for Perth of of attempting to improve the position of lower thirty-two dollars eighty cents. That basic wage paid workers because it gives an equal increase was fixed by the Commonwealth Commission in to all, but it does give some relief. On this the same July, 1966 decision. 258 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

For many years, workers in this State covered acting under Part VII of the Act, may not have by awards of the State Industrial Authority have been able to consider an application of this nature benefited from decisions in National Wage and but that amending Act, not only removes any such other cases. Each of those decisions has been in- bar, but, if anything, indicates that the claim fluenced by the economic capacity of Australia as should be given every consideration. Whilst the a whole and has initially affected the conditions minimum wage fixed by the Commonwealth Com- of employment of workers in this State covered by mission was not declared as a basic wage, no adult awards of the Commonwealth Conciliation and worker, irrespective of the work he performs, may Arbitration Commission. The Basic Wage, Mar- be employed on a lesser wage and it seems the gins and Total Wage cases of 1966 are no different legislature at least indicates that it would not be from those other cases and some special circum- wrong for a similar wage to be prescribed for work- stances must be shown to exist to cause this Com- ers in this State. mission to reject the principle of the minimum wage In any event, if the 1964 basic wage fixed by the established in those matters. Commission in Court Session were taken as the Mr Ince raised no question relating to economic "more proper minimum wage" than the wage fixed capacity but it is as well to note that by reason by the Commonwealth Commission, that 1964 wage of the recently granted marginal increases, which would need to be adjusted each quarter on varia- followed a decision of the Commonwealth Commis- tions in the Consumer Price Index. To follow such sion in December, 1966, the number of workers a course in the face of the legislature would, in likely to be covered by any minimum wage would my opinion, be improper. be reduced. For example, in November, 1966, when It follows that no special circumstance has been this application was filed, the claim, if granted, shown to exist which should cause this Commis- would have caused an increase of fifteen cents in sion to refuse to follow the 1966 decision of the the total wage of a feeder and one dollar and five Commonwealth Commission. However, that deci- cents for male employees not otherwise specified. sion fixed a minimum wage of thirty-six dollars Today, the claim, if granted, would give an increase fifty-five cents on its basic wage for Perth of thirty- of sixty-five cents to only those other male em- two dollars eighty cents and for reasons similar ployees. Furthermore, even if the Commission ac- to those previously expressed in this decision, that cepted the submission that the principle of a mini- minimum wage should not be increased merely be- mum wage should be established in this industry, cause the basic wage in this State is now thirty- then, if it determined that wage should be no three dollars fifty cents. Having reached this con- higher than thirty-six dollars fifty-five cents, there clusion, and for the reason previously stated, there would be no need to amend the award because all is no need for the award to be amended and the adult male workers covered thereby are already application is therefore dismissed. in receipt of a total wage in excess of that amount. The minutes of the proposed order will now issue Turning now to the matters raised by Mr Ince, and the speaking to those minutes will be held at it is clear that "the problem of the low wage earner" 9.15 a.m. on Thursday next. The attention of the has been discussed for some time before, or by, the parties is drawn to the rights they may have under Commonwealth Commission. In its 1966 decision, section 69 of the Act which rights may be exercised the Commonwealth Commission was concerned with at that time. improving the economic situation of those workers to enable them, on the economic capacity of Aus- Order accordingly. tralia, to enjoy a reasonable standard of living and in that context it fixed a "minimum wage". It is not known whether that amount was more than sufficient to enable an average worker to live in reasonable comfort having regard to any domestic BEFORE THE WESTERN AUSTRALIAN obligation to which he would be ordinarily subject being the "needs" of a worker upon which the basic INDUSTRIAL COMMISSION. wage in this State was founded for many years No. 181 of 1965. and which was referred to in the 1964 Basic Wage Between Albany Advertiser (1932) Limited and declaration of the Commission in Court Session (44 W.A.I.G. p. 545). However, looking to the rele- others, Applicants, and Printing and Kindred vant section in Part VII Basic Wage of the Indus- Industries' Union, Western Australian Branch, trial Arbitration Act in force in 1964, and keeping Industrial Union of Workers, Respondent. in mind, as Mr Ince pointed out, that the Common- No. 207 of 1967. wealth Commission was concerned with economic matters rather than with the needs of a worker, Between Albany Advertiser (1932) Limited, Appli- it seems that the wage was fixed on "the economic cant, and Printing and Kindred Industries' capacity of industry" rather than on the domestic Union, Western Australian Branch, Industrial obligations of the average worker. That is, of Union of Workers, Respondent. course, to the extent the minimum wage may be regarded as the equivalent of a basic wage under No. 454 of 1966. that section. Whether or not the present economic Between Printing and Kindred Industries' Union, capacity of industry would cause the Commission Western Australian Branch, Industrial Union in Court Session to declare a higher wage than of Workers, Applicant, and Albany Advertiser it did in 1964, is not known, nor, in view of the (1932) Limited, and others, Respondents. Industrial Arbitration Act Amendment Act, 1966. HAVING heard Mr J. M. Ince on behalf of the can that question arise. Albany Advertiser (1932) Limited and Others and By that Act the legislature laid down that the Mr J. H. Williams on behalf of the Printing and basic wage for the purpose of awards of this Com- Kindred Industries' Union, Western Australian mission should, in the future, be the basic wage Branch, Industrial Union of Workers, I, the under- determined by the Commonwealth Commission. signed, Commissioner of The Western Australian Prior to it coming into operation, the Commission, Industrial Commission, in pursuance of an alloca- as distinct from the Commission in Court Session tion to me by the Chief Industrial Commissioner 19 April, 1967.] 259 and in pursuance of the powers contained in sec- clause shall be varied so that a worker tion 92 of the Industrial Arbitration Act, 1912-1966, shall be paid for one-twelfth of the and all other powers therein enabling me, do hereby period of leave due under paragraph (i) order and declare— hereof in respect of each completed That the Printing (Country) Award, No. 12 month of continuous service. of 1960, as amended, be and the same is hereby further amended in accordance with the follow- ing schedule. Dated at Perth this 23rd day of March, 1967. QUARRY WORKERS. (Sgd) D. CORT, Award No. 44 of 1948. [L.S.] Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 219 of 1967. Schedule. Between Australian Workers' Union Westralian 1. Delete subclauses (d) and (f) of Clause 14, Branch, Industrial Union of Workers, Appli- Overtime, and insert in lieu thereof:— cant, and White Rock Quarries, and others, (d) For all work performed on a Sunday or Respondents. a holiday prescribed by subclause (a) of Clause HAVING heard Mr J. Isherwood on behalf of the 18 or subclause (h) of Clause 19 of this award, applicant and Mr H. J. de Burgh on behalf of the a worker shall be paid double pay with a mini- respondents, and by consent, I, the undersigned, mum payment as for two hours' work provided Chief Industrial Commissioner of The Western that a worker required to work on any of the Australian Industrial Commission, in pursuance of holidays so prescribed may, by mutual arrange- the powers contained in section 92 of the Indus- ment between the employer and the worker, be trial Arbitration Act, 1912-1966, and all other allowed an additional day's annual leave for powers therein enabling me, do hereby order and each holiday so worked in lieu of that payment. declare:— (f) A worker required to work six consecu- That the Quarrying (A.W.U.) Award No. tive shifts shall be allowed a clear interval 44 of 1948, as amended, be and the same is from work of twenty-four hours after the sixth hereby further amended in accordance with shift or be paid double rate for all work per- the following schedule and that such amend- formed by him after the sixth shift until he has ment shall take effect as from the beginning such clear interval of twenty-four hours. of the first pay period commencing on or after 2. Delete subclause (h) of Clause 19, Annual the date hereof. Leave, and insert in lieu thereof:— Dated at Perth this 3rd day of March, 1967. (h) (i) In any establishment where the em- tL.S.3 (Sgd) S. F. SCHNAARS. ployer requires his workers to regularly Commissioner. work on at least three of the holidays prescribed in subclause (a) of Clause 18 of this award, the employer shall, if the Schedule. majority of his workers so request, grant Delete subclauses (a) and (b) of Clause 18— four weeks' annual leave in lieu of the Wages, and insert in lieu thereof the following:— three weeks prescribed in subclause (a) $ of this clause and five public holidays in lieu of the ten days prescribed in sub- (a) Basic Wage (per week) 33.50 clause (a) of Clause 18 provided that (b) Adult Margins (per week): where an employer requires his workers Powder monkey 7.35 to regularly work on more than five of Crasher feeder 6.10 the holidays so prescribed, the employer Machine man 4.95 shall, if the majority of his workers so Man barring down 4.95 request, grant one day's annual leave in Spaller 4.95 addition to the aforementioned four Plant attendant 7.35 weeks for each such holiday so worked Man filling wagons under bin .... 4.95 and in such a case the aforementioned Tool sharpener 6.20 five public holidays shall be reduced by Others 2.85 one day for each such day added to the four weeks' leave, (ii) Work on any of the holidays prescribed in subclause (a) of Clause 18 of this RADIO AND TELECOMMUNICATIONS. award which, by reason of paragraph (i) (Government.) hereof are absorbed by the additional annual leave, shall, if within the ordin- Award No. 15 of 1958. ary week's work, be paid for at ordinary BEFORE THE WESTERN AUSTRALIAN rates. INDUSTRIAL COMMISSION. (iii) In any other establishment the employer No. 76 Of 1967. and the workers may agree to apply a Between Electrical Trades Union of Workers of similar arrangement in accordance with Australia (Western Australian Branch), Perth, the foregoing. Applicant, and Conservator of Forests, Re- (iv) Where workers are entitled to more than spondent. three weeks' annual leave in accordance HAVING heard Mr R. W. Fletcher on behalf of with this subclause, the pro rata calcula- the applicant and Mr L. Pilgrim on behalf of the tion referred to in subclause (c) of this respondent, and by consent, I, the undersigned, 260 [19 April, 1967.

Commissioner of The Western Australian Indus- Schedule. trial Commission, in pursuance of an allocation to Clause 44.—Wages: Delete (i), (ii) (hi), (iv) me by the Chief Industrial Commissioner and in and (v), of (c) and (d) of item 125 and insert in pursuance of the powers contained in section 92 of lieu thereof the following:— the Industrial Arbitration Act, 1912-1966, and all Road service operators (margin over basic other powers therein enabling me, do hereby order wage per week): $ and declare— (c) Motor truck driver— That the Radio and Telecommunications (i) Not exceeding 25 cwt. capacity 8.60 (Government) Award, No. 15 of 1958, as amended, be and the same is hereby further (ii) Exceeding 25 cwt and not amended in accordance with the following exceeding 3 tons capacity .... 10.10 schedule and that such amendment shall take (iii) Exceeding 3 tons capacity effect as from the beginning of the first pay and under 6 tons 11.70 period commencing on or after the date (iv) For each complete ton over hereof. five tons capacity, twenty- Dated at Perth this 17th day of February, 1967. five cents additional margin. (v) Drivers of loaded motor (Sgd) D. CORT, wagons (except tractors) [L.S.] Commissioner. drawing a loaded trailer also (not to include a mechani- cal horse) forty cents per day extra. Schedule. (d) Motor truck driver's assistant .... 3.05 First Schedule: Delete existing paragraph (a) of the First Schedule and insert in lieu thereof, the following:— (a) Leading Hand means any tradesman SEAMEN. placed in charge of three or more other (Government Dredges.) workers. Award No. 24 of 1956 A Leading Hand in charge of not less than three and not more than ten other BEFORE THE WESTERN AUSTRALIAN workers shall be paid two dollars and INDUSTRIAL COMMISSION. thirty cents per week extra. No. 240 of 1967. Between the Seamen's Union of Western Australia Industrial Union of Workers, Fremantle, Applicant, and Hon. Minister for Works, Respondent. HAVING heard Mr D. K. Dans on behalf of the RAILWAY EMPLOYEES. applicant and Mr G. D. Johnson on behalf of the respondent, and by consent, I, the undersigned. Award No. 3 of 1961. Commissioner of The Western Australian Indus- trial Commission, in pursuance of an allocation BEFORE THE WESTERN AUSTRALIAN to me by the Chief Industrial Commissioner and INDUSTRIAL COMMISSION. in pursuance of the powers contained in section No. 232 of 1967. 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do Between West Australian Amalgamated Society of hereby order and declare— Railway Employees' Union of Workers, Appli- That the Government Dredges Award, No. cant, and the Western Australian Government 24 of 1956, as amended, be and the same is Railways Commission, Respondent. hereby further amended in accordance with the following schedule and that such amend- HAVING heard Mr P. Wilson on behalf of the ment shall take effect as from the beginning applicant and Mr J. Lund on behalf of the re- of the first pay period commencing on or spondent, and by consent, I, the undersigned. after the date hereof. Commissioner of The Western Australian Indus- trial Commission, in pursuance of an allocation Dated at Perth this 24th day of February, 1967. to me by the Chief Industrial Commissioner and (Sgd) J. R. FLANAGAN, in pursuance of the powers contained in section 92 [L.S.] Commissioner. of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— Schedule. That the Railway Employees Award, No. 3 of Clause 3—Wages: Delete subclause (b) and insert 1961, as amended and consolidated, be and the in lieu thereof the following:— same is hereby further amended in accord- (b) Margins (per week): $ ance with the following schedule and that Ladderman 9.90 such amendment shall take effect as from the Pipe winchman 9.90 beginning of the first pay period commenc- Winchman 8.40 ing on or after the date hereof. Assistant winchman 7.55 Dated at Perth this 17th day of February, 1967. Quartermaster 7.55 Deckhand 6.70 I.L.S.] (Sgd) D. CORT, Fireman 8.40 Commissioner. Greaser 9.15 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 261

Casual watchmen on dredge in Commission— SHEET METAL WORKERS. deckhands ordinary rate plus 20 per cent, Award No. 7 of 1952. for shift of eight hours. Provided that members of the crew shall be BEFORE THE WESTERN AUSTRALIAN paid ordinary rate plus 10 per cent, for INDUSTRIAL COMMISSION. shift of eight hours. No. 181 of 1967. Between the West Australian Plumbers and Sheet Metal Workers' Industrial Union of Workers, Applicant, and F. Instone <& Co., and others, SEAMEN. Respondents. (Deckhands, Firemen and Deckboys—Frcmantle HAVING heard Mr S. Mutton on behalf of the Port Authority.) applicant and Mr H. J. de Burgh on behalf of the Award No. 13 of 1956. respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Indus- BEFORE THE WESTERN AUSTRALIAN trial Commission, in pursuance of an allocation to INDUSTRIIAL COMMISSION. me by the Chief Industrial Commissioner and in No. 241 of 1967. pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all Between the Seamen's Union of Western Austra- other powers therein enabling me, do hereby order lia Industrial Union of Workers, Fremantle, and declare— Applicant, and Fremantle Port Authority Commission, Respondent. That the Sheet Metal Workers Award, No. 7 of 1952, as amended and consolidated, be and HAVING heard Mr D. K. Dans on behalf of the the same is hereby further amended in accord- applicant and Mr J. Collins on behalf of the re- ance with the following schedule and that such spondent, and by consent, I, the undersigned, Com- amendment shall take effect as from the begin- missioner of The Western Australian Industrial Commission, in pursuance of an allocation to me ning of the first pay period commencing on or by the Chief Industrial Commissioner and in pur- after the date hereof. suance of the powers contained in section 92 of the Dated at Perth this 17th day of February, 1967. Industrial Arbitration Act, 1912-1966, and all other (Sgd) D. CORT, powers therein enabling me, do hereby order and declare— [L.S.l Commissioner. That the Seamen (Deckhands, Firemen and Deckboys)—Fremantle Harbour Trust Award, Schedule. No. 13 of 1956, as amended, be and the same Delete subclause (2) of Clause 6—Wages, and is hereby further amended in accordance with insert in lieu thereof the following:— the following schedule and that such amend- (2) Adult Males (margin per week): $ ment shall take effect as from the beginning (a) Sheet Metal Section— of the first pay period commencing on or after Sheet metal workers, 1st class .... 15.50 the date hereof. Sheet metal workers, 2nd class .... 8.40 Dated at Perth this 24th day of February, 1967. Heavy press operator or drop ham- mer hand 4.40 LL.S.) (Sgd) J. R. FLANAGAN, Light press operator 3.75 Commissioner. Men employed exclusively or princi- pally in soldering 4.40 Ridging downpipe and/or guttering machinists and power machinist 3.75 Schedule. Spinner, 1st class 11.35 Clause 8—Rates of Pay: Delete subclause (a) Spinner, other 5.15 and insert in lieu thereof the following:— Process worker 3.75 (a) The rates of pay for deckhands and fire- Lagger— men shall be as follows:— First six months' experience .... 3.40 Deckhands Firemen Second and third six months' Per Week Per Week experience 5.00 $ $ Fourth and fifth six months' Basic Wage 33.50 33.50 experience 6.40 Margin 6.70 8.40 Thereafter 8.40 (b) Canister making in all its Weekly Wage 40.20 41.90 branches— Die setter and leading press Plus an allowance payable weekly for shift hand 5.15 work, weekend work and holiday work, the Canister makers by hand and amount of such allowance being equal to riveters by hand 5.15 twenty percentum of the weekly wage. Solderer and dipper 3.75 Operations of power presses and Clause 21—Rates of Pay: Delete this clause and other machines not otherwise insert in lieu thereof the following:— specified 3.75 21.—Rates of Pay. Cap solderers 3.75 $ (c) Stove and range fitters and assem- Basic Wage (per week) 33.50 blers 7.90 Deckhands margin (per week) 6.70 (d) Gas meter makers, repairers and/ Wages shall be payable weekly. or testers 7.90 262 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

$ Since that date there has not been any formula Ce) Painting Section— adjustments but that has been by agreement be- Spray painter 4.40 tween the parties and not a matter of determina- Painter using brush 4.10 tion by an industrial authority. For reasons best known to themselves the parties had agreed not to (f) Tool and materials storeman ... 4.15 apply the lh per cent, and the 10 per cent, (g) Welding Section— formulas. During the period following the 28 per- First class welder 15.50 cent, formula the parties reviewed the margins as Second class welder 6.10 expressed in the various awards from time to time. Third class welder 4.40 In 1962 the Shop Assistant's margin was increased (h) Galvanising Section— from $5.30 to $6,40 whereas had the 10 per cent, Galvaniser .... 7.90 formula been applied the margin would have only Assistant working over metal pot 4.40 been expressed as $5.80. It is evident that the Pickler 4.15 parties agreed to a re-assessment of margins, apart (i) All others Nil from the formula adjustment. Since 1962 the parties have further reviewed the margins and in March last year agreed to increase the same classification to $7.60. Had the formula SHOP ASSISTANTS. been applied as from the $5.30 margin throughout (Metropolitan.) the entire period then the margin expressed in that amendment in 1966 would have been $7,00; Award No. 41 of 1961. whereas it was expressed in the award as $7.60. WINE AND SPIRIT INDUSTRY EMPLOYEES. The application of the present formula to what I Award No. 36 of 1955. might term, a "fictitious figure" of $7.00 would bring the present margin to $7.60; whereas the FRUIT AND VEGETABLE PROCESSING. application of the formula on the existing margin Award No. 50 of 1955. of $7.60 would bring about an increase to $8.40. It is true that the parties, for reasons best known SHOP ASSISTANTS. to themselves, had not applied the formula speci- (Wholesale Salesman.) fically on two occasions in the past; but they have, Award No. 72 of 1951. in their wisdom, re-considered the whole structure of the award so far as margins are concerned for SHOP ASSISTANTS. both males and females and, in some instances, (South-West Land Division.) particularly in respect of females, have brought about increases substantially in excess of amounts Award No. 18 of 1963. which might be solely related to formula adjust- STOREMEN. ments. (Explosives Magazines.) This clearly indicates that the parties, in the light of general wage standards then existing, or Award No. 7 of 1965. perhaps for other reasons, considered the previous BEFORE THE WESTERN AUSTRALIAN margins expressed in the award as requiring INDUSTRIAL COMMISSION. adjustment, irrespective of any formula Nos. 184, 185, 187, 188, 189 and 190 of 1967. application. Between the West Australian Shop Assistants and It would have been impossible, when the parties Warehouse Employees' Industrial Union of agreed to the new margins in March 1966, for them Workers, Perth, Applicant and Boans Limited to have taken into consideration any formula ad- and others, Burns Philp & Co. Ltd, and others, justment which may later be brought about as a Respondents. result of a consideration of economic matters through the Commonwealth jurisdiction. Before Chief Industrial Commissioner S. F. Schnaars, Esq. The margins as now expressed were determined by agreement between the parties in March 1966 The 10th day of March, 1967. and I can see no reason why the formula which Mr. E. Archer appeared on behalf of the is being given fairly general application to workers applicant. throughout this State should not be applied to the Mr. G. J. Martin appeared on behalf of the margins expressed in this award. Reasons which respondents. I have expressed in other decisions since the for- mula was approved by this Commission support Judgment. this conclusion. THE COMMISSIONER: These are applications by Consequently, I approve of amending the awards the West Australian Shop Assistants and Ware- referred to in accordance with the, schedules sub- house Employees' Industrial Union of Workers, mitted; and those schedules will now be referred to Perth, to amend various awards for the purpose of the parties as minutes of a proposed order. giving application to a formula adjustment as SCHNAARS, C.C: Would either party like to ad- approved by the Commonwealth Industrial Com- journ for the purpose of speaking to the mission and recently endorsed by this Commission. minutes? The respondents have opposed the applications Mr Martin — — <—? mainly on the basis of the movements which have taken place in these awards to margins over recent MR MARTIN: I was just wondering whether Mi- years. Past formulas have been applied to the Archer was going to speak first. awards in question up to a certain point—that To my knowledge, in the application there point being the 28 per cent, movement which was is only one complication—and one of them reflected in an amendment to Award No. 383 of contains, as I recall it, other matter: That 1959 which then brought the margin of the shop is application No. 190 of 1967. assistant to $5.30. SCHNAARS, C.C: What is that, Mr Martin? 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 263

MR MARTIN: There is a claim for inclusion of a Commissioner of The Western Australian Indus- new clause in application No. 190 of 1967 which, trial Commission, in pursuance of the powers con- I would sugest, be dealt with in the manner tained in section 92 of the Industrial Arbitration that was the situation with other applications Act, 1912-1966, and all other powers therein en- of other matters—to the extent that it be abling me, do hereby order and declare— divided as not falling within treatment in these procedings. That the Shop Assistants' (Metropolitan) Award, No. 41 of 1961, as amended, be and SCHNAARS, C.C: That is so. It does not come the same is hereby further amended in accord- under these proceedings. I have made it clear ance with the following schedule and that such that the purpose of processing the many appli- cations which have been dealt with (and which amendment shall take effect as from the may still be dealt with), all applications which beginning of the first pay period commencing are associated with this formula, should be on or after the date hereof. specifically related to that matter only, and Dated at Perth this 10th day of March, 1967. the application in any other respect will be [L.S.'l (Sgd) S. F. SCHNAARS, divided. Commissioner. So, No. 190 of 1967 will be re-numbered for the purpose of part of this application as 190A of 1967, and that 190A of 1967 will only refer to the wages clause of the award. No. 190 of 1967 in so far as it refers to matters other than margins will remain on a Court List to Schedule. be dealt with at a stage convenient to the 1. Clause 28.—Wages: Delete subclauses (a), parties and this Commission. (b) and (c) of this clause and insert in lieu thereof MR. MARTIN: The only other comment I would the following:— make is that, providing the concurrence is forthcoming from the applicant, we would pre- (a) Basic Wage (per week): $ fer the operative date in all cases to be the Adult Males 33.50 beginning of the first pay period commencing Adult Females 25.13 on or after today. MR ARCHER: We agree. (b) Adult Males (margin over male basic SCHNAARS, C.C: Thank you. wage per week): The Shop Assistants (Metropolitan) Award, Shop assistants 8.40 No. 41 of 1961 and the Shop Assistants (South West Land Division) Award, No. 18 of 1963; Storeman, packer, despatch hands 7.40 the Wholesale Salesmen's Award, No. 72 of Storeman working singly 7.90 1951; the Wine and Spirit Industry Employees Award, No. 36 of 1955; the Emit and Produce Canvasser and/or collector 8.40 Market Employees Award, No. 50 of 1955; the Window dresser 9.50 Storemen's Explosive Magazines Award, No. 7 In addition to the rate pre- of 1965 are all amended in accordance with scribed herein for his classifica- the schedules submitted by the applicant with tion, a worker required by the the exception of application No. 190 of 1967 employer to be in charge of other which refers to award No. 7 of 1967 and the workers shall be paid the follow- amendment in respect of that award will only ing amount:— be concerned with the wages' part of the application. So far as the wages' part of the If placed in charge of less than application is concerned, the application will 3 other workers 1.25 be re-numbered to read "application No. 190A If placed in charge of 3 or more of 1967" leaving the original application still other workers but less than on the Court List for the purpose of dealing 10 workers 2.35 with any other matters contained therein at a later stage. If placed in charge of 10 or The awards will now be amended accordingly more workers 4.60 and will operate as from the beginning of the first pay period commencing on or after today's date. (c) Adult Females (margin over female Orders Accordingly. basic wage per week): Shop assistants or demonstrators 6.10 Storewomen, despatch hands, SHOP ASSISTANTS. packers 5.45 (Metropolitan.) In addition to the rate pre- scribed herein for her classifica- Award No. 41 of 1961. tion, a worker required by the BEFORE THE WESTERN AUSTRALIAN employer to be in charge of other INDUSTRIAL COMMISSION. workers shall be paid the follow- No. 184 of 1967. ing amount:— Between the West Australian Shop Assistants and If placed in charge of less than Warehouse Employees' Industrial Union of 3 other workers 95 Workers, Perth, Applicant, and Boans Limited, If placed in charge of 3 or more and others. Respondents. workers but less than 10 HAVING heard Mr R. E. Archer on behalf of the workers 1.80 applicant and Mr G. J. Martin on behalf of the If placed in charge of 10 or respondents, I, the undersigned, Chief Industrial more other workers 3.50 264 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

WINE AND SPIRIT INDUSTRY EMPLOYEES. Schedule. Award No. 36 of 1955. Clause 11—Wages: Delete subclauses (1) and BEFORE THE WESTERN AUSTRALIAN (2) of this clause and insert in lieu thereof the INDUSTRIAL COMMISSION. following:— $ No. 185 of 1967. (1) Basic Wage (per week) 33.50 Between the West Australian Shop Assistants and (2) Adults (margin over male basic wage Warehouse Employees' Industrial Union of per week): Workers, Perth, Applicant, and Burns Philp Storeman 8.40 & Co. Ltd, and others, Respondents. Head Stoi*eman 10.90 HAVING heard Mr R. E. Archer on behalf of the applicant and Mr G. J. Martin on behalf of the respondents, I, the undersigned Chief Industrial Commissioner of The Western Australian Indus- SHOP ASSISTANTS. trial Commission, in pursuance fo the powers con- (Wholesale Salesmen.) tained in section 92 of the Industrial Arbitration Award No. 72 of 1951. Act, 1912-1966, and all other powex-s therein BEFORE THE WESTERN AUSTRALIAN enabling me, do hereby order and declare:— IINDUSTRIAL COMMISSION. That the Wine and Spirit Industry Em- No. 188 of 1967. ployees' Award, No. 36 of 1955, as amended, Between the West Australian Shop Assistants and be and the same is hereby further amended Warehouse Employees' Industrial Union of in accordance with the following schedule and Workers, Perth, Applicant, and Goode, Durrant that such amendment shall take effect as from & Murray (Aust.) Ltd, and others, Respon- the beginning of the first pay period commenc- ing on or after the date hereof. dents. HAVING heard Mr R. E. Archer on behalf of the Dated at Perth this 10th day of March, 1967. applicant and Mr G. J. Martin on behalf of the [L.S.I (Sgd) S. F. SCHNAARS, respondents, I, the undersigned, Chief Industrial Commissioner. Commissioner of The Western Australian Indus- trial Commission, in pursuance of the powers con- tained in section 92 of the Industrial Arbitration Schedule. Act, 1912-1966, and all other powers therein en- 1. Clause 9—Wages: Delete subclauses (a) and abling me, do hereby order and declare— (b) of this clause and insert in lieu thereof the That the Wholesale Salesmen's Award, No. following:— 72 of 1951, as amended and consolidated, be $ and the same is hereby further amended in (a) Basic Wage (per week) 33.50 accordance with the following schedule and (b) Adult Males (margin over male basic that such amendment shall take effect as wage per week): from the beginning of the first pay period Head cellarman 11.70 commencing on or after the date hereof. Storeman (as defined) 7.40 Cellarhand, bottlewasher, store- Dated at Perth this 10th day of March, 1967. hand 6.60 (Sgd) S. F. SCHNAARS, [LS.l Commissioner. Schedule. FRUIT AND VEGETABLE PROCESSING. Clause 13—Wages: Delete subclauses (1), (2) Award No. 50 of 1955. and (3) of this clause and insert in lieu thereof BEFORE THE WESTERN AUSTRALIAN the following:— INDUSTRIAL COMMISSION. (1) Basic Wage (per week): $ No. 187 of 1967. Males 33.50 Between the West Australian Shop Assistants and Females 25.13 Warehouse Employees' Industrial Union of (2) Adult Males (margin over male basic Workers, Perth, Applicant, and Berryman & wage per week): Langley Pty Ltd, and others, respondents. Wholesale salesmen 8.40 HAVING heard Mr R. E. Archer on behalf of the (3) Adult Females (margin over female applicant and Mr G. J. Martin on behalf of the basic wage per week): respondents, I, the undersigned. Chief Industrial Wholesale saleswomen 6.10 Commissioner of The Western Australian Indus- tx-ial Commission, in pursuance of the powers con- tained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein SHOP ASSISTANTS. enabling me, do hereby order and declare— (South-West Land Division.) That the Fruit and Produce Market Em- Award No. 18 of 1963. ployees Award, No. 50 of 1955, as amended and BEFORE THE WESTERN AUSTRALIAN consolidated, be and the same is hereby further INDUSTRIAL COMMISSION. amended in accordance with the following No. 189 of 1967. schedule and that such amendment shall take Between the West Australian Shop Assistants and effect as from the beginning of the first pay Warehouse Employees' Industrial Union of period commencing on or after the date Workers, Perth, Applicant, and Foy & Gibson hereof. (W.A.) Ltd, and others, Respondents. Dated at Perth this 10th day of March, 1967. HAVING heard Mr R. E. Archer on behalf of the (Sgd) S. F. SCHNAARS, applicant and Mr G. J. Martin on behalf of the [L.S.l .... Commissioner. respondents, I, the undersigned, Chief Industrial 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 265

Commissioner of The Western Australian Indus- STOREMEN. trial Commission, in pursuance of the powers con- (Explosives Magazines.) tained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein en- Award No. 7 of 1965. abling me, do hereby order and declare— BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. That the Shop Assistants' (South-West Land Division) Award, No. 18 of 1963, be and No. 190A Of 1967. the same is hereby amended in accordance Between the West Australian Shop Assistants and with the following schedule and that such Warehouse Employees' Industrial Union of amendment shall take effect as from the Workers, Perth, Applicant, and Imperial beginning of the first pay period commencing Chemical Industries of Australia & New Zea- on or after the date hereof. land Ltd, Respondent. Dated at Perth this 10th day of March, 1967. HAVING heard Mr R. E. Archer on behalf of the applicant and Mr G. J. Martin on behalf of the (Sgd) S. P. SCHNAARS, respondent, I, the undersigned, Chief Industrial [L.S.l Commissioner. Commissioner of The Western Australian Indus- trial Commission, in pursuance of the powers con- tained in section 92 of the Industrial Arbitra- tion Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— That the Storemen's (Explosives Magazines) Schedule. Award, No. 7 of 1965, as amended, be and the Clause 28—Wages: Delete subclauses (1), (2) same is hereby further amended in accordance and (3) of this clause and insert in lieu thereof with the following schedule and that such the following:— amendment shall take effect as from the beginning of the first pay period commenc- (1) Basic Wage (per week): $ ing on or after the date hereof. Adult Males 33.50 Dated at Perth this 10th day of March, 1967. Adult Females 25.13 [L.S.] (Sgd) S. F. SCHNAARS, (2) Adult Males (margin over male basic Commissioner. wage per week): Shop assistants 8.40 Storeman packer, despatch hands 7.40 Schedule. Storeman working singly 7.90 Clause 10—Wages: Delete this clause and insert Canvasser and/or collector 8.40 in lieu thereof the following:— Window dresser 9.50 10.—Wages. In addition to the rate prescribed Within a 25 mile radius of the G.P.O., herein for his classification, a worker Perth: $ required by the employer to be in (1) Basic Wage (per week) 33.50 charge of other workers covered by this award, shall be paid the follow- (2) Casual Workers (per hour) 1.23 ing amount:— (3) The hourly rate as set out in subclause (2) hereof is subject to adjustment in accord- If placed in charge of less than ance with any variations in the basic wage three other workers 1.25 which may be ordered by the Western Aus- If placed in charge of three or tralian Industrial Commission from time to more other workers 2.35 time. If placed in charge of 10 or more workers 4.60 (3) Adult Females (margin over female basic wage per week): SHOP ASSISTANTS. Shop assistants or demonstrators 6.10 (Eastern Goldfields.) Storewomen, despatch hands, Award No. 81 of 1948. packers 5.45 BEFORE THE WESTERN AUSTRALIAN In addition to the rates prescribed INDUSTRIAL COMMISSION. herein for her classification, a worker required by the employer to No. 258 of 1967. be in charge of other workers Between the Eastern Goldfields Shop Assistants and covered by this award, shall be Warehouse Employees' Industrial Union of paid the following amount:— Workers, Applicant, and J. & W. Bateman If placed in charge of less than Limited, and others, Respondents. three other workers 95 HAVING heard Mr R. E. Archer on behalf of the applicant and Mr H. J. de Burgh on behalf of the If placed in charge of three or respondents, and by consent, I, the undersigned, more workers but less than 10 Commissioner of The Western Australian Indus- workers 1.80 trial Commission, in pursuance of an allocation to If placed in charge of 10 or more me by the Chief Industrial Commissioner and in other workers 3.50 pursuance of the powers contained in section 92 of (71—34015 266 WESTERN AUSTRALIAN- INDUSTRIAL GAZETTE. [19 April, 1967. the Industrial Arbitration Act, 1912-1966, and all Schedule. other powers therein enabling me, do hereby order Clause 26.—Wages: Delete paragraph (a) of sub- and declare— clause (2) and insert in lieu thereof the following:— That the Shop Assistants' (Eastern Gold- (2) Adult Male Workers (margin over male fields) Award, No. 81 of 1948, as amended and basic wage per week): $ consolidated, be and the same is hereby further amended in accordance with the following (a) Motor driver of vehicles (margin over schedule and that such amendment shall take male basic wage per week): effect as from the beginning of the first pay (i) Not exceeding 25 cwt capacity .... 8.60 period commencing on or after the date hereof. (ii) Exceeding 25 cwt capacity and not Dated at Perth this 17th day of March, 1967. exceeding 3 tons capacity 10.10 (Sgd) J. R. FLANAGAN, (iii) Exceeding 3 tons and under 6 tons [L.S.] Commissioner. capacity 11.70 For each complete ton over 5 tons Schedule. capacity twenty-five cents additional Clause 24-—Wages: Delete subclauses (a) and (b) margin: Provided that the maximum of this clause and insert in lieu thereof the follow- amount shall not exceed four dollars. ing:— (a) Basic Wage (per week): $ Adult males 33.50 Adult females 25.13 STEEL INDUSTRY WORKERS. (b) Adults: (Australian Iron and Steel Pty. Ltd.) Males (margin over male basic wage per week)— Award No. 24 of 1962. Shop assistants 8.40 BEFORE THE WESTERN AUSTRALIAN Canvassers 8.40 INDUSTRIAL COMMISSION. Collectors 8.40 Storeman working singly .... 7.90 No. 30 of 1967. Storemen, despatch hands, Between Coastal District Committee Amalgamated packers 7.40 Engineering Union Association of Workers, and Females (margin over female basic others, Applicants, and Australian Iron and wage per week)— Steel Pty Ltd, Respondent. Shop assistants 6.10 HAVING heard Mr J. Mutton on behalf of the Canvassers 6.10 Coastal District Committee Amalgamated Engineer- Collectors 6.10 ing Union Association of Workers, Mr R. W. Storewoman, despatch hands, Fletcher on behalf of the Electrical Trades Union packers 5.45 of Workers of Australia (Western Australian Branch) and Mr M. Jahn on behalf of the State Executive, Australasian Society of Engineers' In- SPORTING GROUND MAINTENANCE dustrial Association of Workers, applicants, and WORKERS. Mr H. J. de Burgh on behalf of the respondent, and by consent, I, the undersigned, Commissioner Award No. 71 of 1948. of The Western Australian Industrial Commission, BEFORE THE WESTERN AUSTRALIAN in pursuance of an allocation to me by the Chief INDUSTRIAL COMMISSION. Industrial Commissioner and in pursuance of the No. 282B of 1966. powers contained in section 92 of the Industrial Between Western Australian Municipal Road Arbitration Act, 1912-1966, and all other powers Boards, Parks and Race Course Employees' therein enabling me, do hereby order and declare— Union of Workers, Perth, Applicant, and West That the Steel Industry Workers' (The Australian Turf Club, and others. Respondents. Broken Hill Proprietary Company Limited) . HAVING heard Mr P. Norris on behalf of the Award, No. 24 of 1962, as amended, be and the applicant and Mr D. Hosking and Mr L. Pilgrim on same is hereby further amended in accordance behalf of the respondents and by consent, I, the with the following schedule and that such undersigned, Commissioner of The Western Aus- amendment shall take affect as from the begin- tralian Industrial Commission, in pursuance of an ning of the first pay period commencing on or allocation to me by the Chief Industrial Commis- after the date hereof. sioner and in pursuance of the powers contained in Dated at Perth this 17th day of February, 1967. section 92 of the Industrial Arbitration Act, 1912- (Sgd) D. CORT, 1966, and all other powers therein enabling me, do [L.S.i Commissioner. hereby order and declare— That the Sporting Ground Maintenance Workers' Award, No. 71 of 1948, as amended Schedule. and consolidated, be and the same is hereby 1. Clause 16—Special Rates and Provisions: further amended in accordance with the fol- Delete paragraph (a) of subclause (i) and insert lowing schedule and that such amendment in lieu thereof the following:— shall take effect as from the beginning of the first pay period commencing on or after the (a) Leading hands, a leading hand placed in date hereof. charge of— (i) Not less than three and not more Dated at Perth this 24th day of February, 1967. than ten other workers shall be paid (Sgd) J. R. FLANAGAN, two dollars and thirty cents per [L.S.] Commissioner. week extra. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(ii) More than ten and not more than Schedule. twenty other workers shall be paid Schedule "A (v)": Delete this schedule and insert four dollars and forty five cents per in lieu thereof— week extra. Schedule "A (v)". (iii) More than twenty other workers Transport Workers' Union of Australia, shall be paid six dollars and sixty Industrial Union of Workers', five cents per week extra. Western Australian Branch. 2. Schedule A (iii): Delete subclauses (a) and The minimum rates of wages payable under the (b) of this schedule and insert in lieu thereof the provisions of Schedule "A (v)" of this award shall following:— be as follows:— Schedule A (iii). $ Coastal District Committee of Amalgamated En- (1) Basic Wage (per week) 33.50 gineering Union Association of Workers; State Exe- (2) Margins (per week): cutive, Australasian Society of Engineers Industrial Adult Males— Association of Workers; Electrical Trades Union of Workers of Australia (Western Australian Branch), (a) Motor drivers of vehicles not ex- Perth. ceeding 25 cwt capacity .... 8.60 Exceeding 25 cwt and not exceed- The minimum rate of wages payable under the ing 3 tons capacity 10.10 provisions of Schedule A (iii) of this Award shall Exceeding 3 tons and under 6 tons be as follows:-— capacity .... 11.70 $ (a) Basic Wage (per week) 33.50 (b) Fork Lift Driver 8.45 (b) Adults (margin over basic wage per (c) Tractor Driver 11.30 week)— (d) Straddle Truck Driver 12.40 Fitter—mechanical 15.50 Fitter—electrical 15.50 Millwright 15.50 Roll turner (finisher) 19.10 Motor mechanic 15.50 STEVEDORING. First class machinist 15.50 (A.W.U.) Second class machinist 8.40 Third class machinist 6.10 Award No. 11 of 1955. First class welder 15.50 BEFORE THE WESTERN AUSTRALIAN Second class welder 6.10 INDUSTRIAL COMMISSION. Third class welder 5.15 Fourth class welder 4.40 No. 254 of 1967. Tradesmen's assistants 4.15 Between Australian Workers' Union, Westralian Rigger and splicer 4.80 Branch, Industrial Union of Workers, Appli- cant, and Hon. Minister Controlling the Har- bour and Light Department, Respondent. HAVING heard Mr J. Isherwood on behalf of the STEEL INDUSTRY WORKERS. applicant and Mr L. Pilgrim on behalf of the (Australian Iron and Steel Pty Ltd.) respondent, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Award No. 24 of 1962. Commission, in pursuance of an allocation to me by BEFORE THE WESTERN AUSTRALIAN the Chief Industrial Commissioner and in pur- INDUSTRIAL COMMISSION. suance of the powers contained in section 92 of the No. 216 of 1967. Industrial Arbitration Act, 1912-1966, and all other Between Transport Workers' Union of Australia, powers therein enabling me, do hereby order and Industrial Union of Workers, Western Austra- declare— lian Branch, Applicant, and Australian Iron That the Australian Workers' Union Steve- and Steel Pty Ltd, Respondent. doring Industry Award, No. 11 of 1955, as amended and consolidated, be and the same is HAVING heard Mr D. R. Culley on behalf of the hereby further amended in accordance with the applicant and Mr D. L. Hosking on behalf of the following schedule and that such amendment respondent, and by consent, I, the undersigned, shall take effect as from the beginning of the Commissioner of The Western Australian Indus- first pay period commencing on or after the trial Commission, in pursuance of an allocation to me by the Chief Industrial Commissioner and in date hereof. pursuance of the powers contained in section 92 of Dated at Perth this 10th day of March, 1967. the Industrial Arbitration Act, 1912-1966, and all (Sgd) D. CORT, other powers therein enabling me, do hereby order [L.S.] Commissioner. and declare:— That the Steel Industry Workers (Australian Schedule. Iron and Steel Pty Ltd) Award, No. 24 of 1962, Clause 7—Wages: Delete this clause and insert in as amended, be and the same is hereby further lieu thereof the following:— amended in accordance with the following- schedule and that such amendment shall take Clause 7—Wages. effect as from the beginning of the first pay (a) Basic Wage: $33.50 per week to be calculated period commencing on or after the date hereof. on an hourly basis. Dated at Perth this 24th day of February, 1967. (b) Margm (per hour): There shall be added to (Sgd) J. R. FLANAGAN, the hourly rate of wage as arrived at by [L.S.] Commissioner. dividing the basic wage by thirty, such an WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

amount or amounts as shall make the ordin- $ ary hourly rate payable in the various ports (e) Pellet machine operator 7.45 equal to the following:— (f) Packer man (operating a mech- $ anical machine for packing bags) 6.35 Carnarvon 1.4415 (g) Store hands (including men em- Onslow 1.4915 ployed cleaning, sorting, mending Point Samson 1.4915 and/or branding bags) and pre- Port Hedland 1.4915 mixer .... 5.25 Broome 1.4915 (h) Millwright fitter 12.30 Derby 1.4915 (i) All others 2.05 Wyndham 1.5082 (3) Adult female workers (margin per (c) District Allowance—Provided that a district week over female basic wage): allowance at the following rates—Carnarvon (a) Bag making machinist and/or re- $1.50, Onslow, Point Samson, Port Hedland, pairer 3.50 Broome, Derby $3.00, Wyndham $3.50 calcul- (b) All others 1.65 ated on an hourly rate using a division of thirty (30) shall be paid as an additional flat rate loading during all time of duty. Pro- vided further that the additional flat rate loading prescribed in this sub-clause shall TIMBER YARD WORKERS. not be subject to multiplication in the cal- Award No. 11 of 1951. culation of penalty rates. TIMBER WORKERS. Award No. 36 of MSO. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. STOCK FOODS. No. 153 Of 1966. Award No. 10 of 1964. No. 158 of 1966. BEFORE THE WESTERN AUSTRALIAN No. 210 of 1966. INDUSTRIAL COMMISSION. No. 211 of 1966. No. 236 Of 1967. Between United Metropolitan Timber Yard, Saw- Between the Federated Millers' and Mill Employees' mills and Woodworkers Employees' Union of Workers (No. 153 of 1966), and the West Union of Workers of Western Australia, Appli- Australian Timber Industry Industrial Union cant, and Barrow Linton Pty Ltd, and others. of Workers, South West Land Division (No. Respondents. 158 of 1966), Applicants, and Millars Timber HAVING heard Mr R. L. Jones on behalf of the and Trading Co. Ltd, and others, Respondents. applicant and Mr. H. J. de Burgh on behalf of the respondents, and by consent, I, the under- signed, Commissioner of The Western Australian Between Millars Timber and Trading Co. Ltd, and Industrial Commission, in pursuance of an alloca- others (No. 210 of 1966 and No. 211 of 1966), tion to me by the Chief Industrial Commissioner Applicants, and the West Australian Timber and in pursuance of the powers contained in sec- Industry Industrial Union of Workers, South tion 92 of the Industrial Arbitration Act, 1912- West Land Division, and United Metropolitan 1966, and all other powers therein enabling me, do Timber Yard, Sawmills and Woodworkers Em- hereby order and declare— ployees' Union of Workers, Respondents. That the Stock Foods Award, No. 10 of 1964, Before Chief Industrial Commissioner S. F. as amended, be and the same is hereby further Schnaars, Esq. amended in accordance with the following The 23rd day of March, 1967. schedule and that such amendment shall take effect as from the beginning of the first pay Mr W. Latter on behalf of the United Metro- period commencing on or after the date politan Timber Yard, Sawmills and Woodworkers hereof. Employees' Union of Workers. Dated at Perth this 24th day of February, 1967. Mr. F. A. McDonald on behalf of The West Aus- [L.S.] (Sgd) J. R. FLANAGAN, tralian Timber Industry Industrial Union of Work- Commissioner. ers, South West Land Division. Mr D. L. Hosking on behalf of Millars Timber and Schedule. Trading Co. Ltd and Others. Clause 6—Wages: Delete subclauses (1), (2) and Judgment. (3) and insert in lieu thereof the following:— MR COMMISSIONER: These matters involve (1) Basic Wage (per week): $ four applications to amend two awards. First, Males 33.50 Award No. 11 of 1951 (31 W.A.I.G. p. 664) operat- Females 25.13 ing within a fourteen mile radius of the G.P.O, (2) Adult male workers (margin over Perth and being an award between the United basic wage per week): Metropolitan Timber Yard, Sawmills and Wood- (a) Provender miller in charge of workers Employees' Union of Workers and Millars men and machinery 8.90 Timber and Trading Co. Ltd. and others. By ap- (b) Head storeman with power to en- plication No. 153 of 1966 the union seeks to amend gage or dismiss 8.30 clause 7—Special Rates and Conditions; clause (c) Head foreman without power to 10—Hours; clause 11—Overtime; clause 12—• engage or dismiss 7.45 Holidays and Annual Leave; clause 19—Defini- (d) Leading hand 7.45 tions; and the wages schedule. By application No. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 269

211 of 1966, the employers have sought amend- the particular male classifications, and it is in- ments to clause 8—Junior Labourers; clause 19— cumbent on the employer to select, within the class Definitions; clause 20—Contract of Service; clause of work performed by males, the type of work 23—Preference to Unionists, and the wages which can be reasonably performed by females. schedule. Notwithstanding this aspect, it is also evident Secondly, Award No. 36 of 1950 (31 W.A.I.G. p. that, with a reasonable degree of experience, 653) operating throughout the South West Land females can perform the limited duties associated Division but excluding the area covered by Award with their employment quite satisfactorily. I No. 11 of 1951 and being an award between The consider it preferable, having regard to all of the West Australian Timber Industry Industrial Union circumstances associated with their work, to pre- of Workers, South West Land Division and Millars scribe a margin related specifically to females Timber and Trading Co. Ltd and others. By whom I have designated as General Hands. application No. 158 of 1966 the union seeks to In clause 4—^Interpretation—of the country amend clause 4—Interpretations; clause 15—Holi- award, I have defined a "General Hand—adult days; clause 16—Hours; clause 17—Overtime; female" as being a worker who is employed on any clause 33—Allowances; and the wages schedule. work which comes within a calling for which a By application No. 210 of 1966, the employers have male margin up to $5 is prescribed. It is generally sought to amend clause 7—Junior Labour; clause within this range of work that females are em- 16—• Hours; clause 27—Contract of Service; clause ployed, and the margin now prescribed is $4 after 30—Shift Work, and clause 37—Preference. three months' experience. I recognise that the At the request of all parties involved, the four margin prescribed in the Federal Timber Workers' applications were dealt with together. As a matter Award is less than $3 but I am not aware of the of convenience Award No. 11 of 1951 will be re- type of work which they perform under that ferred to as the city award, and Award No. 36 of award, whereas I have been able to obtain a full 1950 as the country award. appreciation of the work performed by females The minutes of the proposed orders contain a throughout the country. number of matters which entitle the parties, under In the wages schedule of the country award section 69, subsections (3) and (4), to make further under item (g) (ii) I have made provision hereby submissions and, if that course of action is desired, an application can readily be made for the fixation they may exercise those rights at the speaking to of special margins for any females who may be the minutes. employed on work for which a male margin is Where the original issues may have indicated a prescribed at more than five dollars and have also dispute on certain matters but no reference there- made provision that until such time as the parti- to is made in this decision, then it will be under- cular matter is determined, females so employed stood that, during the hearing, the parties indicated shall be paid not less than the margin herein agreement on the provision now included, or the prescribed. particular applicant decided to withdraw the claim. Although females are not at present employed in the city area, it appears to me to be reasonable In respect of many of the matters, the parties to assume that the type of work which I have requested the original drafting of subclauses which witnessed them performing in the country is the were not in dispute but were related to provisions type of work on which they could be employed which were in dispute, to continue. That course throughout the Metropolitan Area, and in sub- has been followed, but not with any satisfaction to clause (d) (hi) of clause 6—Wages, of the city myself. Both awards were issued in 1951 and it is award I have included a provision that if females clearly evident that they should be redrafted, are employed they shall be employed on a similar amended and consolidated. That is a matter which basis to that now prescribed in the country award should receive the attention of the parties at then- until such time as the matter is otherwise deter- earliest convenience. mined. In making that provision, I have not in Substantial submissions were made by all parties any way nullified the existing provision relating to to these applications but because of circum- females employed grading, etc., mosaic flooring stances beyond my control, I am unable to refer, in pieces. detail, to all of those submissions. Suffice it to say that they have all received careful consideration, Clause 7—Special Rates and Conditions; clause and because in many instances I may, in the main, 10—Hours; clause 11—Overtime, and clause 12— only refer to the conclusion reached, it should not Holidays and Annual Leave, were all related to be assumed that the obligations referred to in proposed amendments in respect of watchmen. section 69(1) of the Act have been overlooked. Having regard to recent developments in respect of wage fixation and general conditions of employ- I will now refer to the issues involved in the city ment. it appears to me that watchmen have award, and where applicable relate the conclusion virtually been a "lost legion" so far as the unions to the country award. have been concerned and it must be apparent to Clause 6—Wages. In this clause I have included, all who are conversant with industrial develop- as agreed between the parties, the provisions re- ments during recent years that substantial varia- lating to a Board of Reference determining work tions to the watchmen's provisions are justified. suitable for females, and the same provisions have In clause 7 I have granted the unions' claim been included in clause 5—Rates of Pay, in the for week-end penalty rates to_ apply and the same country award. It may now perhaps be opportune provision has been included in clause 33—Allow- to deal with the whole question of female employ- ances, of the country award. The hours have ment in this industry. been reduced to ninety-six per fortnight and that Females are generally employed in the country reference will be found in clause 10 of the city and they work in a variety of callings for which award and clause 17 of the country award. The a male margin, generally speaking, is less than overtime provisions have been varied to now pre- $5.00. It is quite evident that they cannot scribe double time after the first eight hours perform all of the duties which are associated with overtime worked in any fortnightly period. I have 270 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967. deleted the former provision whereby watchmen The country award refers in the Interpretation were allotted one Sunday off duty in every four clause to "Pullers-out and/or Assistants" and this weeks. The reduction in hours which has now definition has also been varied. I have now defined been prescribed, together with penalty rates for a puller-out and/or assistant as including levermen week-end work, should enable watchmen to be and handlemen. Although the duties involved in relieved more consistently than previously and con- assisting the benchmen undoubtedly are different, sequently I cannot see the necessity for continu- the overall nature of the work is such that one ing that provision. margin should have general application, and item In clause 12—Holidays and Annual Leave, I have (5) (c) of the wages schedule of both awards is only included the new subclauses (c) and (e) as designed for the purpose of covering all assistants claimed by the employers. They merely brought including levermen and handlemen, and the same those provisions into line with current practice. It applies to item (6) of both awards. is obvious that the Holiday clause in the country Clause 23—Preference. The employers opposed award, as with many other provisions, should be the continuation of a Preference clause but sub- re-drafted but I will leave that for the attention mitted an alternative clause to be included in the of the parties at some future occasion. event of my rejection of their original submission. The clause now proposed is identical with pro- In clause 19—Definitions—I have re-drafted the visions usually included by the Commission on this definition of "Mill or Yard Hand" and have in- matter and that clause has now been included as cluded the same provision in clause 4—Interpreta- clause 23 of the city award and clause 37 of the tions—of the country award. The reference to country award. three months' experience has been retained but this will now be found in the wages schedule, and Clause 30—Shift Work, of the country award, I have also added to this definition workers per- has been included in accordance with the pro- forming labouring duties not covered by other vision claimed by the employers, that being a pro- classifications referred to in the wages schedule. vision having fairly general application. This definition must be closely examined in rela- I have not varied any of the provisions relating tion to the minimum wage provision which I have to junior labour. The employers withdrew their included in the wages schedule of both awards claim so far as the city award is concerned but and to which I will refer later. the union continued with its application to vary The definition of "Tallyman" has also been the country award to bring it more or less into line varied in both awards and I have here included with the city award. Although the country award reference to grading as being within the work of a provides for junior labourers up to the age of tallyman. It is a function of all tallymen, as it twenty-one, it nevertheless contains certain other is in fact a function of practically every worker fairly restrictive provisions, and the inspections associated with this industry, to perform grading throughout the country made it clearly evident that work to some degree, and to prevent any miscon- there is certainly no abuse , by employers of the ception about that aspect in the future, I have existing junior labour provisions. included the word in the definition. This defini- This brings me to the overall question of wages. tion also must be closely examined in the light of The unions claimed a general re-assessment of the classifications relating to tallymen. It ap- wages based solely on what was termed "work pears to me that there are two distinct classes of values". Considerable evidence was tendered, and tallymen, one being the worker who is responsible extensive inspections made throughout the indus- for the making up of clients' orders for delivery try, but notwithstanding the evidence and inspec- and the other being tallymen who, generally tions, I am still unaware of the precise duties in- speaking, have their work confined to that refer- volved in many of the callings covered by the red to in the definition. The tallyman who is re- country award. My attention was not drawn to a sponsible for the making up of clients' orders is number of those occupations. entitled to a higher margin than other tallymen, and provision to that end will be found in item There appears to be a fairly general belief that (17) of the wages schedule of both awards. It a "work value" case must result in additions to a will be noted that having included this classifia- wage structure. That is far from being a correct tion I have rejected the unions' claim to have all assumption. Technical improvements in methods these workers covered by the designation "Order- of production have so advanced in many sections man". The orderman is distinct from the tally- of industry that the labour value in terms of effort, man to the extent that he is the worker who is skill and responsibility has not increased in re- responsible for rail consignments and the classi- spect of many classifications of long standing. fication (22) in the city award refers to this Increased productivity has been consistantly con- aspect. sidered on a national basis and reflected in wages in this award, and in practically every other State I have refused to include the definitions claimed award, following determinations of the Federal in relation to kiln operators, etc. and have in fact Commission. deleted the definition of kiln attendant from the country award. Such a definition is unnecessary, It is evident by the nature of the claim that as the duties of the worker who is associated with the applicants' intention is that the recent kiln operations are quite readily appreciated. His increases applied to metal tradesmen should be major responsibilities are associated with operating applied on a pro rata basis throughout this award. the drying kiln and being responsible for tem- With minor exceptions, the classifications in- perature readings and keeping necessary records. volved are peculiar to the timber industry and in In relation to other workers covered by the award, determining wage rates of such an extensive his margin, in the past, has been too low and it nature as those contained in the two awards it is will be noted in item (10) of the wages schedule of important to maintain, wherever possible, proper both awards that I have varied the past relation- relationships within the award. To use as a basis ships so far as this classification is concerned. I for some of the classifications the rates prescribed believe the designation of "Kiln Attendant" is ade- in different industries and ignore rates applying quate as a reference to the workers concerned. elsewhere in the same industry could well disturb 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 271 unjustifiably the proper relationship which should been continued. Those words have been used in exist between the many callings. Particularly is this industry in Western Australia for so long that that so when, as already indicated, I have not their application must be well understood by all received any information in respect of a consid- those directly concerned with the work performed. erable number of classifications in the country An alteration to the wording may well result in award which could lead to a wage adjustment and, the belief that a change in custom and prac- in respect of those callings, would be obliged to tice was intended, whereas that is not the case. consider them against the wage rates applying A No. 2 benchman has been included in the city elsewhere in the same industry. Whilst recog- award and there has been a re-assessment of the nising and accepting the fact that one is not margin relationship in this section. bound by precedent in this jurisdiction, it is never- The stub edger has been included as item (3) theless pertinent to mention that the history of and the margin prescribed is the same as that these awards clearly indicate that for many years for the No. 1 benchman. Item (4) refers to the previous Court of Arbitration, and also the "dockers—log sawmilling section". With these parties when negotiating consent amendments, classifications the parties claimed different rates in have been substantially influenced by the wage each award. For example, both parties claimed standards prescribed in the Federal award. That the same rates for dockermen and tallymen in the award reflects what might be termed a fairly city award but differing rates as between those general standard of marginal assessment in this classifications in the country award. I consider industry elsewhere in Australia. that both awards should be similar and have used Labour costs in the timber industry in this State the agreed classification in the country award as represent a very substantial proportion of the the basis. There are some instances where the overall cost structure. The industry is highly "responsible man" is also the "dockerman" or competitive, both interstate and overseas, and is "tallyman" but in such case the new provision I also subject to keen competition intrastate in re- have included in paragraph (c) will cover that spect of other building materials. Under these aspect. In that paragraph I have included a pro- circumstances, one should not lightly disregard the vision that where a worker regularly performs principle of comparative wage justice by ignoring duties covered by more than one classification, he a general standard of wages applying in the same shall be paid the rate applying to the highest of industry. To do so without sound reasons is those classifications. There are quite a number of merely to contribute to chaos in the sphere of other instances throughout the industry where industrial regulation. Wage rates applying in such a provision seems justified. The marginal other industries become important only when one relationship of the "responsible man" at the main can reasonably be satisfied that there are good and docker, compared with other docker hands, has cogent reasons why wage standards applying in been changed to bring about a relationship more the same industry should be disregarded. I can- in keeping with the responsibilities involved. not see any reason why I should not continue In item (14) of both awards I have included the the same practice which the parties have con- same rates for drivers of motor vehicles. Although sistently adopted in the past, and that is to be the same rates were not claimed, I cannot see any substantially influenced by wage rates applying practical reason why differing rates should apply. elsewhere in Australia in this industry, and in With the straddle driver, item (15) of both sched- the adjustments now made I have used this prin- ules, different rates have been prescribed as be- ciple as the major basis of re-assessing the mar- tween the driver who operates within the confines gins. That is not to say that I have merely taken of the employer's property and those who operate Federal margins and automatically applied them elsewhere. to these awards. Different margins have been Item (20) of both schedules refer to the wood prescribed in particular instances where I have machining section and both parties claimed differ- formed the opinion that the circumstances asso- ent classifications for each award to be included ciated with a particular calling in this State under that heading. A substantial variation in justify a different assessment. In some instances the method of setting out the classifications and it may appear that the increases brought about prescribing margins for the work involved was in this manner are quite substantial but they sought by the unions, but the claim in that re- nevertheless are inevitable if I use the principle spect is refused. The claim as suggested would of comparative wage justice which I consider to not in any case comply with the provisions of be the overriding principle of importance as the the Act and furthermore there is ample justifica- basis of my determination. Although every mar- tion within this industry for the continued use of gin has been increased, I will now refer to only semi-skilled labour in the wood machining sec- a few of the particular classifications. tion. The top classifications in the wood machin- Items (1) to (19) have been included in an ing section have been placed on the same rate as identical manner in both awards but from thereon applying to the No. 1 benchman, and the other the different classifications sought by the parties rates have been re-assessed accordingly. have been set out. Minimum Total Wage. The unions' claim for The classifications relating to "breaking down provision of a minimum total wage has been sawyers" have been re-drafted and provision has granted and the rate fixed at thirty-six dollars and been made for a higher rate for the main break- fifty-five cents., That provision is prescribed in ing down sawyer who operates a fully mechanised the Federal award which I have used as a guide in plant. The responsibilities and nature of the work many other respects, and, with respect to the very justify a margin in excess of that applying to able submissions made on behalf of the employers, other breaking down sawyers. This is the only I can see no valid reason why it should not be instance, however, where a difference in rate for expressed in this award. However, whilst I have operating a fully mechanised saw has been pre- approved of the principle, I nevertheless consider scribed, as in other instances mechanisation has that a slight variation is justified having regard merely offset other dangers and responsibilities to circumstances associated with employment in which are inherent in a sawyer's operations. The this industry, particularly in country areas. I words "planking out and Hitching to size" have accept the proposition advanced that there are 272 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967. many instances where "travellers" seek and obtain Schedule. employment for a few days and sometimes a few 1. Clause 6—Wages—Delete this clause and weeks with no intention of remaining in the in- insert in lieu the following:— dustry. In those circumstances, I can see no reason why the minimum weekly wage herein pre- 6.—Wages. scribed should apply. Whilst I have given effect (a) Basic Wage (per week): to that aspect in the clause, I have further pre- $ scribed that any worker so employed in particular Adult males 33A0 classifications which are mentioned in the clause Adult females 25.13 shall receive retrospective payment to the equiva- (b) The minimum marginal rates, as additions lent of the minimum total wage if they remain in the employment for a period of not less than to the basic wage herein prescribed, shall be three months or if they are dismissed during that as set out in the first schedule. period for reasons other than misconduct. (c) Casual Work: A worker employed for less I have not included classifications relating to than one week shall be paid ten cents in the operation of the gang nail machine. At this addition to the ordinary daily wage. stage I prefer not to express any opinion on the (d) (i) Females shall not be employed on work objection which was raised by the Carpenters' which, on account of its nature or the Union. I have reason to believe that the question times at which or the circumstances in as to whether the workers concerned are covered which it is performed, is, in the opinion by another award may be decided in another of the Board of Reference, unsuitable jurisdiction, and I prefer not to make any remarks for females. which could in any way influence the conclusion (ii) Where the Board of Reference deter- to be reached. In any case I have grave doubts mines that any work is not unsuitable whether the proposed method of classifying the for females it may do so unconditionally workers concerned would be appropriate to apply in or subject to such conditions relating to the award for general coverage. If necessary the the age of females to be employed and matter can be the subject of a further application. the time at which and the circumstances The minutes of these amendments will now issue in which they may be employed as it and the parties can advise the Clerk to the Com- deems fit. mission when they will be ready to speak to those (iii) Where adult females are employed on minutes. work other than that specified in sub- Order accordingly. clause (f) of the wages schedule, the provisions of subclause (g) of the wages schedule of Award No. 36 of 1950, as amended, shall apply until such time as this award has been amended for the TIMBER YARD WORKERS. purpose of prescribing appropriate Award No. 11 of 1951. female margins for the work performed. 2. Clause 7.—Special Rates and Conditions: BEFORE THE WESTERN AUSTRALIAN Delete this clause and insert in lieu the INDUSTRIAL COMMISSION. following:— No. 153 of 1966 and No. 211 of 1966. Between: United Metropolitan Timber Yard, Saw- 7.—Special Rates and Conditions. mills and Woodworkers Employees' Union of (a) (i) Mixed Functions: A worker Workers (No. 153 of 1966), Applicant, and engaged for more than one half day or shift Millars Timber and Trading Co. Ltd, and on duties carrying a higher rate than his others. Respondents, and between Millars ordinary classification shall be paid the higher Timber and Trading Co. Ltd, and others (No. rate for such day or shift; if employed for not 211 of 1966), Applicants, and United Metro- more than half of one day or shift he shall be politan Timber Yard, Sawmills and Wood- paid the higher rate for the time so worked. workers Employees' Union of Workers, (ii) Should any worker be required to per- Respondent. form work in a lower grade for any portion of HAVING heard Mr W. Latter on behalf of the a day his wages shal not be reduced whilst United Metropolitan Timber Yard, Sawmills and employed in such capacity for the day. Woodworkers Employees' Union of Workers and (b) All ordinary hours of work performed Mr D. L. Hosking on behalf of Millars Timber and by watchmen on Saturday shall be paid for at Trading Co. Ltd and Others, I, the undersigned, the rate of twenty-five per cent, extra and all Chief Industrial Commissioner of The Western ordinary hours of work performed by such Australian Industrial Commission, in pursuance of workers on Sundays shall be paid for at the the powers contained in section 92 of the Indus- rate of fifty per cent, extra. trial Arbitration Act, 1912-1966, and all other (c) Blowers: In addition to the blowers powers therein enabling me, do hereby order and already installed the employers shall attach declare— blowers to all flooring machines, moulding That the Timber Yards, Sawmills and Wood- machines, thicknessers, sand papering workers Employees' Award, No. 11 of 1951, as machines, and to any other machine injurious amended, be and the same is hereby further- to health. amended in accordance with the following (d) (i) Leading hands placed in charge of schedule and that such amendment shall take not less than three or not more than ten effect as from the beginning of the first pay workers shall be paid two dollars and thirty period commencing on or after the date hereof. cents per week extra. Dated at Perth this 5th day of April, 1967. (ii) Leading hands placed in charge of more [L.S.] (Sgd) S. F. SCHNAARS, than ten other workers shall be paid four Commissioner. dollars and forty-five cents per week extra. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 273

3. Clause 10—Hours: Delete this clause and bench, firewood dockerman, saw sharpener's insert in lieu the following:— assistant, tailers-out from wood-working machines, (other than specified in the wages 10.—Hours. schedule), worker operating on rollers who The ordinary working hours shall not exceed also sorts timber, stackers who stack timber forty in any one week, or eight in any one other than for seasoning by the process of day, Monday to Friday both inclusive. Pro- stripping, mobile or other crane assistant, or vided that this shall not apply to watchmen, performing general labouring duties not cov- whose hours shall not exceed ninety-six per ered by other classifications referred to in the fortnight. wages schedule. 4. Clause 11—Overtime: Delete this clause and "Tallyman" is a worker who by grading insert in lieu the following:— and/or measuring and/or calculating quanti- ties keeps an account of timber, and does not 11.—Overtime. include one who merely measures lengths of (a) Except for watchmen overtime at the timber or merely counts timber by pieces. rate of time and a half shall be paid for the first two hours worked outside the ordinary 7. Clause 20—Contract of service: Delete this working hours and double time thereafter. All clause and insert in lieu the following:— time worked on Sunday shall be paid at double time rates, except in the case of workers 20.—Contract of Service. whose ordinary duties require them to work Except in the case of apprenticeship, the on Sundays, when double time rates shall contract of employment shall be a daily one, begin after their ordinary working hours on terminable on either side by one day's notice, that day. or by the payment or forfeiture as the case may be of one day's wages: Provided that the (b) All work performed on the holidays pre- employer may dismiss a worker without notice, scribed in clause 12 (a) shall be paid for at for good cause, and in such case wages shall the rate of double time. be paid up to the time, and on the day of (c) All work performed by watchmen in dismissal. excess of ninety-six hours per fortnight shall be paid for at the rate of time and a half for 8. Clause 23—Preference to Unionists: Delete the first eight hours and double time there- this clause and insert in lieu the following:— after. (d) Notwithstanding anything contained in 23.—Preference to Unionists. this award— (1) In this clause.— (i) an employer may require any worker "the union" means The United Metropoli- to work reasonable overtime at over- tan Timberyard, Sawmills and Wood- time rates and such worker shall work workers Employees' Union of Workers; overtime in accordance with such re- "unionist" means a worker who is a mem- quirement; ber of the union; (ii) no organisation, party to this award "non-unionist" means a worker who is not or worker or workers covered by this a member of the union. award shall in any way, whether (2) Subject to the provisions of this clause it directly or indirectly, be a party to is a condition of employment under this award or concerned in any ban, limitation, that each non-unionist shall— or restriction upon the working of overtime in accordance with the re- (a) unless he has already applied for quirements of this subclause. membership of the union in the man- ner prescribed by the rules of the 5. Clause 12—Holidays and Annual Leave: union, apply for such membership in Delete subclauses (c) and (e) and insert in lieu the manner so prescribed within seven the following:— days of receiving, from an accredited (c) Except as hereinafter provided a period representative of the union, a copy of of three consecutive weeks' leave with payment those rules, a copy of this clause and of ordinary wages as prescribed shall be al- an application form for membership; lowed annually to a worker by his employer (b) upon being notified that he has been after a period of twelve months' continuous accepted as a member of the union, do service with such employer. such things as may be required under (e) If after one month's continuous service the rules of the union in relation to his in any qualifying twelve-monthly period a admission to membership; and worker lawfully leaves his employment or his (c) thereafter remain a unionist while so employment is terminated by the employer- employed. through no fault of the worker, the worker- shall be paid one-quarter of a week's pay at (3) Subclause (2) of this clause does not his ordinary rate of wage in respect of each apply to any worker— completed month of continuous service. (a) who holds a certificate of exemption from membership of the union issued 6. Clause 19—^Definitions: Delete definitions of and in force pursuant to section 8IB "Mill or Yard Hand" and "Tallyman" and insert of the Industrial Arbitration Act, 1912- in lieu the following:— 1966; "Mill or Yard Hand" means a worker who (b) who, prior to the expiration of the is performing any of the following duties— seven days referred to in that sub- galloper-out, puller-out or assistant on No. 4 clause, has applied for such a certifi- WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

cate of exemption, unless and until that 9. First Schedule; Delete the First Schedule application is finally determined under and insert in lieu the following;— that section; Schedule 1—Rates of Pay. (c) for the unexpired portion of any period (a) Adult Male Workers (margin per week). in respect of which he has, prior to (1) Breaking Down Saws— $ commencing employment under this (a) Sawyers planking out and award, paid membership fees on his flitching to size with fully own behalf to another union; mechanised unit 14.00 (d) who is an apprentice. (b) Sawyers as in (a) other than (4) (a) Where the Secretary of the union operating a fully mechanised has notified an employer that a non-unionist to unit 12.30 whom the provisions of subclause (2) of this (c) Sawyers other than (a) or (b) 9.15 clause apply has failed or refused to comply (d) Assistants including hookman with those provisions, that non-unionist shall other than item (e) 4.40 not be retained in employment by that em- ployer for more than twenty-four hours to the (e) Hookman who in addition op- exclusion of any well-conducted unionist who erates chain or other power is employed by, or who applies for employment driven saw 6.10 with, that employer and who is adequately ex- (f) Log measurer 4.40 perienced and otherwise competent in the work (2) Benchmen— performed by that non-unionist, and is of the (a) No. 1 12.30 sex to which that work is allotted by this award (b) No. 2 10.15 or, where the award makes no such provision, (c) No. 3 6.70 by custom. (d) No. 4 3.90 (b) Where paragraph (a) of this subclause (3) Stub Edger 12.30 operates so as to require the dismissal of a (4) Dockers—Log Sawmilling Sec- non-unionist by his employer the provisions tion— of clause 20 of this award are hereby declared (a) Responsible man at main inoperative in respect of that dismissal but only docker 7.30 if— (b) Tallyman at main docker .... 5.15 (i) a unionist is engaged to commence (c) Dockerman at main docker .... 4.25 work in the place of the non-unionist; (d) Responsible man other dockers 4.00 and (e) Tallyman other dockers .... 3.25 (ii) that the dismissal does not become (f) Dockerman other dockers .... 2.90 effective before the unionist has so (5) Pullers-out and/or Assistants on commenced. No. 1 Bench- la) Single handed on dead or (c) This subclause shall not apply to an hand propelled roller .... 9.45 apprentice. (b) Double handed as in (a) .... 6.70 (5) A non-unionist shall not be engaged for (c) Others 5.25 any work to the exclusion of a well-conducted (6) Pullers-out and/or Assistants on unionist if that unionist— No. 2 Bench 3.90 (a) is adequately experienced in and (7) Pullers-out and/or Assistants on competent to perform that work; No. 3 Bench 3.40 (b) applies to that employer, for employ- (8) Power driven crosscut sawyer ment on that work— other than docking saw 6.10 (i) not later than the time at which the non-unionist applies; or (9) Mill or Yard Hand— (ii) within the time specified by that (a) With three months' experi- employer in any advertisement call- ence in the industry in the ing for such applications, employ of the particular em- whichever is the later; ployer 2.90 (c) is able to commence work at the time (b) With less than three months' required by the employer; and experience Nil (d) is of the sex to which the work con- (10) Kiln Attendant 7.90 cerned is allotted by this award, or, (11) Fork Lift Driver 8.45 where the award makes no such pro- (12) Saw Doctor 14.60 vision, by custom. (13) Saw Sharpener .... 7.70 (6) Subclause (5) of this clause does not (14) Drivers of Motor Vehicles— apply to a non-unionist— (a) Not exceeding 25 cwt. capacity 8.60 (a) who holds a certificate of exemption (b) Exceeding 25 cwt. and not from membership of the union issued exceeding 3 tons capacity .... 10.10 and in force pursuant to section 61B of the Industrial Arbitration Act, 1912- (c) Exceeding 3 tons and under 1966; or 6 tons capacity 11.70 (d) For each complete ton over (b) for the period between the date on 5 tons capacity an additional which he applies for such a certificate 25 cents provided the maxi- and the date on which that applica- tion is finally determined under that mum shall not exceed $4.00. (e) Drivers of loaded motor lorry section; drawing a loaded trailer also (c) who is an apprentice. 10 cents per day extra. 275

(15) Straddle Carrier Driver— $ $ (iii) Who is not required to (a) who operates within the con- grind his knives and fines of the employer's pro- cutters but is at any time perty 12.40 required to set up his (b) Other 13.90 machine and then only (16) Stacker who stacks timber for from such time as he is seasoning by the process of strip- required so to act .... 4.50 ping— (h) Tenoner— (a) Other than with fork lift (i) Who is required to set up (stacker in charge of stack) 4.15 his machine and grind (b) Pork lift—all stackers .. . 3.00 his knives and cutters (17) Tallyman (other than item (4) ), and then only from such see also item (22) — time as he is required so (a) Who is responsible for the to act 12.30 making up of clients' orders (ii) Who is not required to for delivery 7.95 grind his knives and (b) Other 6.70 cutters, but is at any time required to set up (18) Watchmen 5.90 his machine and then (19) Dockermen— only from such time as he (a) Dockerman or other worker is required so to act .... 7.30 who grades or selects timber (iii) Who is not required to for joinery or machining sec- grind his knives and tions 6.70 cutters or set up his (b) Dockerman Other—joinery or machine 4.00 machining sections 4.25 (i) Fret sawyer or detail band (20) Wood Machining Section— sawyer (if full time employed) 7.15 (a) Shaper 12.30 (j) Jointer: (b) Grinder whose principal duty Dovetailer: is grinding knives and cutters 12.30 Thicknesser: (c) General jointer and operator (i) Who is required to set of sticking machine 12.30 up his own machine and (d) Flooring Machinist—fast feed 12.30 grind his knives and (e) Past feed sizer 12.30 cutters and then only (f) Mosaic Flooring Machinist from such time as he is and moulding machinist or required so to act .... 7.30 two, three or four sides (ii) Who is not required to planer— grind his knives and (i) Who is required to set up cutters, but is at any time his machine and grind required to set up his his knives and cutters machine and then only and then only from such from such time as he is time as he is required so required so to act .... 4.50 to act 12.30 (k) Sand Paperer— (ii) Who is not required to (ii) Working other machine 6.20 grind his knives and (1) Chain Morticer: cutters but is at any time Morticer: required to set up his Finger Jointer: machine and then only (i) Who is required to set up from such time as he is his machine or to grind required so to act .... 7.30 his knives and cutters (iii) Who is not required to and then only from such grind his knives and time as he is required so cutters or set up his to act 7.30 machine ... 5.40 (ii) Who is not required to (g) Buzzer— grind his own knives and (i) When required to do other cutters or set up his than planing one face machine 4.00 and squaring edge, and (m) Grader behind fast feed who is required to set up flooring machine 4.40 his own machine and (n) Grader and Feeder, fast feed grind his knives and or mosaic flooring machine 3.40 cutters, and then only from such time as he is (o) Tailer-out, four sided planing required so to act .... 12.30 machine 3.40 (ii) Who is required to set up (p) Floor sanding machine .... 4.00 his own machine and (q) End Matcher: grind his knives and (i) Who is required to set up cutters and then only his machine and then from such time as he is only from such time as he required so to act .... 7.30 is required to act .... 7.30 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

$ (f) Adult Female Workers (margin over (ii) Who is not required to female basic wage, per week): $ set up his machine .... 4.00 Employed on grading, assembling (21) Re-sawing— and packing of mosaic flooring pieces—• (a) Circular sawyer cutting to During the first three months' depth of 74 inches or over 11.00 experience in the industry Nil. (b) Tailer out to above 4.40 Thereafter 2.70 (c) Circular sawyer cutting to (g) Junior Females (per cent, of female depth of under 74 inches 7.55 basic wage, per week): % (d) Tailer-out to above 3.55 Under 17 years of age 45 (e) Band-saw Roller Recut: $ 17 to 18 years of age 55 (i) Large—using blade over 18 to 19 years of age 70 3 inches 10.45 19 to 20 years of age 80 (ii) Tailer-out to above .... 4.40 20 to 21 years of age 95 (iii) Small—using blade not over 3 inches 7.55 (iv) Tailer-out to above .... 3.40 TIMBER WORKERS. (22) Orderman—whose duties include responsibility for rail consignment 8.50 Award No. 36 of 1950. (23) Packer 4.50 BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. (24) Tow Motor Driver 5.65 No. 158 of 1966 and No. 210 of 1966. (25) Tractor Driver (on rails) 4,95 Between the West Australian Timber Industry (b) Minimum Total Wage: Industrial Union of Workers, South West Land Division (No. 158 of 1966), Applicant, and (i) Notwithstanding the foregoing pro- visions of this schedule, no adult male Millars Timber and Trading Co. Ltd, and worker, other than employed under others Respondents, and between Millars item 9(b), shall be paid less than thirty- Timber and Trading Co. Ltd, and others (No. six dollars and fifty-five cents per week 210 of 1966), Applicants, and the West Aus- as ordinary rates of pay in respect of tralian Timber Industry Industrial Union of the ordinary hours of work prescribed Workers, South West Land Division, Respon- by this award; provided that a worker dent. employed under the aforesaid item who HAVING heard Mr- F. A. McDonald on behalf of is dismissed by the employer other than the West Australian Timber Industry Industrial for misconduct, or who remains in the Union of Workers, South West Land Division and employ of the particular employer for a Mr D. L. Hosking on behalf of Millars Timber and period of not less than three months, Trading Co. Ltd, and others, I, the undersigned, shall on such dismissal or on the com- Chief Industrial Commissioner of The Western pletion of three months' continuous Australian Industrial Commission, in pursuance of service be paid no less than the afore- the powers contained in section 92 of the Industrial mentioned thirty-six dollars and fifty- Arbitration Act, 1912-1966, and all other powers five per week for the full period of therein enabling me, do hereby order and declare— ordinary hours so worked. That the Timber Workers' Award, No. 36 of (ii) Where a minimum rate of pay as afore- 1950, as amended, be and the same is hereby said, other than any retrospective pay- further amended in accordance with the ment, is applicable to an employee for following schedule and that such amendment work in ordinary hours the same rate shall take effect as from the beginning of the shall be applicable to the calculation first pay period commencing on or after the of overtime and all other penalty rates, date hereof. payment during sick leave and annual Dated at Perth this .5th day of April, 1967. leave and for all other purposes of this (Sgd) S. F. SCHNAARS. award. tL.S.l Commissioner. (c) Where a worker regularly performs duties covered by more than one classification, he Schedule. shall be paid the rate applying to the 1. Clause 4—Interpretation: Delete definition highest of those classifications. of "Pullers-out and/or Assistants" and insert in lieu the following:— (d) Junior Labourers (per cent, of male basic wage per week): "Pullers-out and/or assistants" means workers who assist in the actual operation of Between 16 and 17 years of age .... 40 passing timber over a saw bench, for the pur- Between 17 and 18 years of age .... 60 pose of cutting the timber with the saw and Between 18 and 19 years of age .... 80 also includes "levermen" and "handlemen." (e) Apprentices (per cent, of male basic Delete definition of "Tallyman or Measurer" and wage per week): insert in lieu the following:— 1st year 35 "Tallyman" is a worker who by grading 2nd year 50 and/or measuring and/or calculating quantities 3rd year 68 keeps an account of timber, and does not in- 4th year 90 clude one who merely measures lengths of 5th year 100 plus timber or merely counts timber by pieces. $3.82 Delete definition of "Kiln Attendant." 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 277

Delete definitions of "Mill Hand" and "Yard of workers whose ordinary duties require them Hand" and insert in lieu the following:— to work on Sundays when double time rate "Mill or Yard Hand" means a worker who shall begin after their ordinary working hours is performing any of the following duties— on that day; provided that in the case of over- galloper-out, puller-out or assistant on No. 4 time worked on either a Sunday or holiday, bench, firewood dockerman, saw sharpener's payment shall be made for two hours at the assistant, tailers-out from woodworking least at such double rates. machines (other than specified in the wages (f) All time worked by watchmen in excess schedule), worker operating on rollers who of ninety-six hours per fortnight shall be also sorts timber, stackers who stack timber deemed to be overtime and paid for at the other than for seasoning by the process of rate of time and a half for the first eight hours stripping, mobile or other crane assistant, or and double time thereafter. performing general labouring duties not covered by other classifications referred to in 5. Clause 27—Contract of Service: Delete sub- the wages schedule. clause (d) and insert in lieu the following:— General Hand: Include the following defini- (d) Subject to the provisions of subclauses tion :— (b), (c) and (e) the contract of service shall be by the week and shall be terminable by one "General Hand" (adult female) is a worker week's notice on either side or by the payment who is employed on any work for which a male or forfeiture as the case may be of one week's margin up to five dollars is prescribed. wages. Such notice may be given on any day 2. Clause 5—Rates of Pay: Add to clause 5 the during the week to terminate such engage- following:— ment on the corresponding day of the follow- (c) (i) Females shall not be employed on ing week or on any later day thereof: Provided work which, on account of its nature or the that, in the case of work in the bush and at times at which or the circumstances bush mills, such notice may be dispensed with in which it is performed is in the opinion of by the consent in writing of the employer and the Board of Reference, unsuitable for females. worker. (ii) Where the Board of Reference deter- 6. Clause 30—Shift Work: Delete this clause mines that any work is not unsuitable for and insert in lieu the following:— females it may do so unconditionally or subject (a) An employer may, if he so desires, work to such conditions relating to the age of his establishment on shifts, but before doing females to be employed and the time at which so shall give notice of his intention to the and the circumstances in which they may be Union and of the intended starting and finish- employed as it deems fit. ing times of ordinary working hours of the 3. Clause 16—Hours: Delete this clause and in- respective shifts. sert in lieu the following:— (b) (i) Where any particular process is car- (a) The ordinary working hours of workers ried out on shifts other than day shift, and (except watchmen) shall be forty per week, to less than five consecutive afternoon or five be worked in five days, Mondays to Fridays consecutive night shifts are worked on that inclusive. The ordinary hours of watchmen process, then workers employed on such after- shall not exceed ninety-six per fortnight. noon or night shifts shall be paid at overtime (b) The daily spread of hours shall be such rates. as may be agreed upon by a majority of the (ii) The sequence of work shall not be workers and employer concerned in any busi- deemed to be broken under the preceding ness and approved of by the union. In default paragraph by reason of the fact that work on of such agreement and approval, such hours the process is not carried out on a Saturday shall be worked within nine consecutive hours or Sunday or on any public holiday. between 7.30 a.m. and 5.30 p.m.—one hour (c) The loading on the ordinary rates of or such other time as may be agreed upon pay for shift work shall be five per cent, for being allowed for luncheon between 12 noon afternoon shift and ten per cent, for night and 2 p.m. shift. (c) Subclause (b) hereof shall not apply to (d) Where shift commences at or after grooms, feeders, watchmen, guards, hookmen, 11 p.m. then the whole shift shall be paid for log yardmen, bush landing, hookmen, log at the rate which applies to the major por- loaders and log haulers, farriers, bush black- tion of the shift. smiths and sanitarymen, tractor drivers, (e) Where an ordinary shift of a shift grader drivers, motor lorry drivers and mill worker finishes by 8 a.m. on Saturday such greasers and shift workers. hours on the Saturday shall be regarded as In the event of a dispute between the em- ordinary hours of employment and shall not ployer and the union as to the reasonableness be subject to penalty rates. of the daily spread of hours for these workers, such dispute may be referred to a Board of 7. Clause 33.—Allowances: Delete subclause Reference for decision. (d) and insert in lieu the following:— 4. Clause 17—Overtime: Delete subclauses (e) (d) (i) Leading hands placed in charge of and (f) and insert in lieu the following:— not less than three or not more than ten (e) Except where it is otherwise prescribed workers shall be paid two dollars and thirty all time worked by workers other than grooms cents per week extra. or feeders on the holidays to which they are (ii) Leading hands placed in charge of entitled shall be paid for at the rate of double more than ten other workers shall be paid time. All time worked on Sunday shall be four dollars and forty-five cents per week paid at double time rates except in the case extra. 278 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

Add new subelause (i) as follows:— (b) Where paragraph (a) of this subelause (i) All ordinary hours of work performed operates so as to require the dismissal of a by watchmen on Saturday shall be paid for non-unionist by his employer the provisions at the rate of twenty-five per cent, extra, of clause 27 of this award are hereby de- and all ordinary hours of work performed by clared inoperative in respect of that dismissal such workers on Sundays shall be paid for but only if— at the rate of fifty per cent, extra. (i) a unionist is engaged to commence work in the place of the non-unionist; 8. Clause 37—^Preference: Delete this clause and and insert in lieu the following:— (ii) that the dismissal does not become (1) In this clause— effective before the unionist has so "the union" means The West Australian commenced. Timber Industry Industrial Union of (c) This subelause shall not apply to an Workers South West Land Division; apprentice. "unionist" means a worker who is a mem- ber of the union; (5) A non-unionist shall not be engaged for "non-unionist" means a worker who is not any work to the exclusion of a well-conducted a member of the union. unionist if that unionist— (2) Subject to the provisions of this clause (a) is adequately experienced in and com- it is a condition of employment under this petent to perform that work; award that each non-unionist shall— (b) applies to that employer, for employ- (a) unless he has already applied for ment on that work— membership of the union in the man- (i) not later than the time at which ner prescribed by the rules of the the non-unionist applies; or union, apply for such membership in (ii) within the time specified by that the manner so prescribed within seven employer in any advertisement days of receiving, from an accredited calling for such applications, representative of the union, a copy of whichever is the later; those rules, a copy of this clause and an application form for membership; (c) is able to commence work at the time (b) upon being notified that he has been required by the employer; and accepted as a member of the union, (d) is of the sex to which the work con- do such things as may be required cerned is allotted by this award or, under the rules of the union in rela- where the award makes no such pro- tion to his admission to membership; vision, by custom. and (6) Subelause (5) of this clause does not (c) thereafter remain a unionist while so apply to a non-unionist— employed. (a) who holds a certificate of exemption (3) Subelause (2) of this clause does not from membership of the union issued apply to any worker— and in force pursuant to section 61B (a) who holds a certificate of exemption of the Industrial Arbitration Act, from membership of the union issued 1912-1966; or and in force pursuant to section 61B (b) for the period between the date on of the Industrial Arbitration Act, 1912- which he applies for such a certificate 1966; and the date on which that applica- (b) who prior to the expiration of the tion is finally determined under that seven days referred to in that sub- section; clause, has applied for such a certifi- (c) who is an apprentice. cate of exemption, unless and until that application is finally determined (9) Schedule I..—Rates of Pay: Delete this under that section; schedule and insert in lieu the following.— (c) for the unexpired portion of any period in respect of which he has, Schedule 1.—Rates of Pay. prior to commencing employment (a) Basic Wage under this award, paid membership Adult males fees on his own behalf to another Adult females union; (b) Adult male workers (margin per week) (d) who is an apprentice. (4) (a) Where the Secretary of the union (1) Breaking Down Saws— has notified an employer that a non-unionist (a) Sawyers planking out and to whom the provisions of subelause (2) of flitching to size with fully this clause apply has failed or refused to mechanised unit comply with those provisions, that non- (b) Sawyers as in (a) other than unionist shall not be retained in employment operating a fully mechanised by that employer for more than twenty-four unit hours to the exclusion of any well-conducted (c) Sawyers other than (a) or (b) unionist who is employed by, or who applies for employment, with that employer and who (d) Assistants including hookmen is adequately experienced and otherwise com- other than item (e) petent in the work performed by that non- (e) Hookmen who in addition unionist, and is of the sex to which that work operates chain or power driven is allotted by this award or, where the award saw makes no such provision, by custom. (f) Log measurer 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(2) Benehmen— (17) Tallyman (other than item 4) — (a) No. 1 L (a) Who is responsible for the (b) No. 2 II making up of clients' orders (c) No. 3 i for delivery 7.95 (d) No. 4 : (b) Other 6.70 (3) Stub Edger L (18) Watchman 5.90 (4) Dockers—log sawmilling section— (19) Dockermen— (a) Responsible man at main (a) Dockerman or other worker docker who grades or selects timber (b) Tallyman at main docker .... for joinery or machining sec- (c) Dockerman at main docker .... tions 6.70 (d) Responsible man other (b) Dockerman Other—joinery or dockers machining sections 4.25 (e) Tallyman other dockers .... (20) Wood Machining Section— (f) Dockerman other dockers .... (a) Shaper 12.30 (5) Pullers-out and/or Assistants on (b) Moulding machinist, or one, No. 1 Bench— two, three or four sided (a) Single handed on dead or planer— hand propelled roller (i) who is required to set up (b) Double handed as in (a) .... his machine and grind his (c) Others knives and cutters and (6) Pullers-out and/or Assistants on then only from such time No. 2 Bench as he is required so to act 12.30 (ii) who is not required to (7) Pullers-out and/or Assistants on grind his knives and No. 3 Bench cutters, but is at any (8) Power driven crosscut sawyer time required to set up other than docking saw his machine and then (9) Mill or Yard Hand— only from such time as (a) with three months' experience he is required so to act 7.30 in the industry in the employ (iii) who is not required to of the particular employer .... grind his knives and (b) with less than three months' cutters or set up his experience machine 5.40 (10) Kiln Attendant (c) Buzzer— (i) when required to do other (11) Fork Lift Driver than planing one face (12) Saw Doctor ] and squaring edge, and (13) Saw Sharpener who is required to set up (14) Drivers of Motor Vehicles— his own machine and (a) Not exceeding 25 cwt cap- grind his knives and acity cutters, and then only (b) Exceeding 25 cwt and not ex- from such time as he is ceeding 3 tons capacity .... ] required so to act .... 12.30 (c) Exceeding 3 tons and under (ii) who is required to set up 6 tons capacity : his own machine and (d) For each complete ton over grind his knives and 5 tons capacity an additional cutters and then only 25 cents provided the maxi- from such time as he is mum shall not exceed $4. required so to act .... 7.30 (e) Drivers of loaded motor lorry (iii) who is not required to drawing a loaded trailer also grind his knives and 10 cents per day extra. cutters, but is at any time (f) Drivers of articulated vehicles— required to set up his (i) not exceeding eight tons machine and then only capacity from such time as he is (ii) exceeding eight tons required so to act .... 4.50 capacity.—for each addi- (d) Tenoner— tional ton over eight tons (i) who is required to set up capacity, 25 cents addi- his machine and grind tional margin with a his knives and cutters maximum amount of $5. and then only from such time as he is required to (15) Straddle Carrier Driver— act 12.30 (a) who operates within the con- (ii) who is not required to fines of the employer's pro- grind his knives and perty cutters but is at any time (b) other required to set up his machine and then only (16) Stacker who stacks timber for from such time as he is seasoning by the process of strip- required to act 7.30 ping— (iii) who is not required to (a) Other than with fork lift grind his knives and (stacker in charge of stack) cutters or set up his (b) Fork lift—all stackers machine 4.00 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

$ $ (e) Flooring machinist—fast feed 12.30 (34) Railway construction and main- (f) Fast feed sizer 12.30 tenance and/or repair— (g) Fret sawyer or detail band (a) Fettlers engaged in mainten- sawyer (if full time em- ance and/or repair 2.15 ployed) 7.15 (b) Platelayers 3.40 (h) Thicknesser— (35) Sanitaryman 10.00 (i) who is required to set up (36) Splicer 6.40 his own machine and (37) Spotters—• grind his knives and cut- (a) Circular saw 8.70 ters and then only from (b) Vertical 3.20 such time as he is re- (38) Swamper—logging with tractor .... 6.20 quired so to act 7.30 (ii) who is not required to (39) Mechanised transfer operator 4.15 grind his knives and cut- (40) Truck repairer 8.65 ters but is at any time (41) Truck examiner 3.00 required to set up his (42) Operator electrical overhead machine and then only traverser 4.80 from such time as he is (43) Truck stowers— required so to act .... 4.50 (a) Responsible man in truck 3.25 (i) Chain Morticer: (b) Others 2,90 Morticer: (44) Tractor or Grader Drivers- Finger Jointer: fa) Tractors without power (i) who is required to set up operated attachments or with his machine or to grind power operated attachments his knives and cutters ments not in use— and then only from such (i) 50 b.h.p. and under .... 8.40 time as he is required (ii) Over 50 b.h.p 9.30 to act 7.30 (b) Tractors using power operated (ii) who is not required to attachments... grind his knives and cut- (i) 35 b.h.p. and under .... 9.30 ters or set up his (ii) Over 35 b.h.p. and not machine 4.00 exceeding 70 b.h.p 11.10 (j) Grader behind fast feed floor- (iii) Over 70 b.h.p. and not ing machine 4.40 exceeding 130 b.h.p 12.30 (k) Grader and Feeder, fast feed (iv) Over 130 b.h.p 13.70 or mosaic flooring machine .... 3.40 (c) Power Graders— (1) Floor sanding machine .... 4.00 (i) Single unit—40 b.h.p. and (m) Taiier-out—four sided plan- under 10.25 ing machine 3.40 (ii) Single unit over 40 b,h.p. 11.85 (n) End Matcher— (c) Minimum Total Wage: (i) Notwithstanding the foregoing provi- (i) who is required to set up sions of this schedule, no adult male his machine and then worker, other than employed under only from such time as item 9 (b) or item 31, shall be paid less he is required to act .... 7.30 than thirty-six dollars and fifty-five (ii) who is not required to cents per week as ordinary rates of pay set up his machine .... 4.00 in respect of the ordinary hours of (21) Beam squarer using broad axe or work prescribed by this award; pro- adze (this does not apply to vided that a worker employed under spotters at spot mills) 12.45 either of the aforementioned items who is dismissed by the employer other than (22) Belt repairers whilst so engaged for misconduct, or who remains in the other than machinist or sawyer employ of the particular employer for a repairing his own belts 4.10 period of not less than three months, (23) Carpenter and/or joiner 15.50 shall on such dismissal or on the com- pletion of three months' continuous ser- (24) Carpenter—bush 8.00 vice be paid no less than the aforemen- (25) Cartenter's labourer 3.00 tioned thirty-six dollars and fifty-five cents per week for the full period of (26) Faller 9.45 ordinary hours so worked. (27) Guard 8.35 (ii) Where a minimum rate of pay as afore- said, other than any retrospective pay- (28) Loading or turning sleepers over ment, is aplicable to an employee for 5ft. long from truck floor level or work in ordinary hours the same rate lower 4.60 shall be applicable to the calculation of (29) Log loaders in bush 4.80 overtime and all other penalty rates, payment during sick leave and annual (30) Man in charge of railway or land- leave and for all other purposes of this ing builders 7.15 award. (31) Mill cleaner Nil (d) Where a worker regularly performs duties covered by more than one classification, he (32) Mill greaser 3,70 shall be paid the rate applying to the highest (33) Millwright (as defined) 12.30 of those classifications. 19 April, 1967.]

(e) Junior Male Workers—unapprenticed such amendment shall take effect as from the (per cent, of male basic wage—per beginning of the first pay period commencing week): % on or after the date hereof. Up to 16 years of age 30 Dated at Perth this 17th day of February, 1967. 16 to 17 years of age 35 17 to 18 years of age 45 CL.S.J (Sgd) D. CORT, 18 to 19 years of age 60 Commissioner. 19 to 20 years of age 70 20 to 21 years of age 90 (f) Apprentices (per cent, of male basic Schedule. wage—per week): Clause 4—Wages: Delete subclause (b) and in- First Year 35 sert in lieu thereof the following:— Second Year 50 (b) Adult Workers (margin per week): $ Third Year 68 (i) (a) Loaders 6.70 Fourth Year 90 (b) Washers (except can and Fifth Year 100 night washers) 2.90 plus $3.82 (c) Yardmen 3.05 (g) Adult Female Worker (margin per (d) Horse drivers and motor week over female basic wage): $ drivers' assistants 3.05 (i) General Hand (as defined)—• (ii) Stableman 3.70 With three months' experience in the industry in the employ (hi) Horse drivers (one horse) .... 4.40 of the particular employer .... 4.00 (iv) Horse drivers (two horses) .... 6.55 With less than three months' experience Nil (v) Horse drivers (three horses .... 7.75 (ii) Liberty is reserved to the applicant (vi) Driver of motor cycle with sidecar to apply to amend this provision or motor tricycle used for the in any case where a female is purpose of carting goods 4.60 employed on work for which a (vii) Motor drivers of vehicles not male margin is prescribed at $5.00 exceeding 25 cwt. capacity .... 8.60 or more, and until such matter is Exceeding 25 cwt. and not ex- determined, a female so employed ceeeding 3 tons capacity .... 10.10 shall be paid not less than a mar- Exceeding 3 tons capacity and gin of four dollars. under 6 tons capacity 11.70 (h) Junior Females (per cent, of female For each complete ton over five basic wage per week): % tons capacity twenty-five cents Under 17 years of age 45 additional margin. 17 to 18 years of age 55 Drivers of loaded motor wagons 18 to 19 years of age 70 (except tractors) drawing a 19 to 20 years of age 80 loaded trailer also (not to include 20 to 21 years of age 95 a mechanical horse) forty cents per day extra. (viii) Drivers of articulated vehicles— Not exceeding 8 tons capacity .... 14.20 TRANSPORT WORKERS. Exceeding 8 tons capacity for (Government.) each complete additional tons twenty-five cents additional mar- Award No. 2A of 1952. gin. BEFORE THE WESTERN AUSTRALIAN (xi) Drivers of fork lift 8.45 INDUSTRIAL COMMISSION. (x) Drivers of tractor 11.30 No. 175 of 1967. Between Transport Workers' Union of Australia, Industrial Union of Workers, Western Austra- lian Branch, Applicant, and Hon. Premier, Hon. Minister for Works, and others, Respond- TRANSPORT WORKERS. ents. (General.) HAVING heard Mr D. Culley on behalf of the Transport Workers' Union of Australia, Industrial Award No. 10 of 1961. Union of Workers, Western Australian Branch, Mr BEFORE THE WESTERN AUSTRALIAN A. J. Collins on behalf of the Fremantle Port INDUSTRIAL COMMISSION. Authority and Mr. L. Pilgrim on behalf of the other- respondents, and by consent, I, the undersigned, No. 176 of 1967. Commissioner of The Western Australian Indus- Between Transport Workers' Union of Australia, trial Commission, in pursuance of an allocation Industrial Union of Workers, Western Aus- to me by the Chief Industrial Commissioner and tralian Branch, Applicant, and Australian Glass in pursuance of the powers contained in section Manufacturers Co. Pty Ltd, and others, Re- 92 of the Industrial Arbitration Act, 1912-1966, spondents. and all other powers therein enabling me, do HAVING heard Mr D. Culley on behalf of the hereby order and declare— applicant and Mr L. Girdlestone on behalf of the That the Transport Workers (Government) respondents, I, the undersigned, Commissioner of Award, No. 2A of 1952, as amended, be and The Western Australian Industrial Commission, in the same is hereby further amended in ac- pursuance of an allocation to me by the Chief In- cordance with the following schedule and that dustrial Commissioner and in pursuance of the (8)—340 is 282 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967. powers contained in section 92 of the Industrial (m) In any week where the sum of the Arbitration Act, 1912-1966, and all other powers amount of a worker's margin and therein enabling me, do hereby order and declare— the amount to which he is entitled That the Transport Workers' (General) for extra carrying capacity ex- Award, No. 10 of 1961, as amended, be and the ceeds twelve dollars and fifty cents same is hereby further amended in accordance such worker shall be paid an extra with the following schedule and that such amount of 10 cents. amendment shall take effect as from the (3) Leading Hands: A leading hand appointed beginning of the first pay period commencing as such by the employer and placed in charge on or after the date hereof. of: Dated at Perth this 17th day of February, 1967. (a) not less than three and not more than ten other workers shall be paid [L.S.] (Sgd) D. CORT, two dollars and thirty cents per week Commissioner. extra. (b) more than ten and not more than twenty other workers shall be paid Schedule. four dollars and forty-five cents per Clause 7.—Wages: Delete subclauses (2) and (3) week extra. and insert in lieu thereof the following:— (c) more than twenty other workers shall $ be paid six dollars and sixty-five cents (2) Margins (per week): per week extra. (a) (i) Loaders 6.70 (ii) Washers (except can and night washers) 2.90 (hi) Yardmen 3.05 TRANSPORT WORKERS. (iv) Horse or motor drivers as- (S.E.C.) sistants 3.05 Award No. 40 of 1965. (b) Night washers 6.40 BEFORE THE WESTERN AUSTRALIAN (c) Horse drivers (one horse) 4.40 INDUSTRIAL COMMISSION. (d) Horse drivers (two horses) .... 6.55 No. 215 of 1967. (e) Driver of motor cycle with sidecar Between Transport Workers' Union of Australia, or motor tricycle used for the pur- Industrial Union of Workers, Western Aus- pose of carting goods 4.60 tralian Branch, Applicant, and State Elec- (f) Motor drivers of vehicles— tricity Commission of Western Australia, Re- Not exceeding 25 cwt. capacity 8.60 spondent. Exceeding 25 cwt and not ex- HAVING heard Mr D. Culley on behalf of the ceeding 3 tons capacity .... 10.10 applicant and Mr R. West on behalf of the re- Exceeding 3 tons and under 6 spondent, and by consent, I, the undersigned, Com- tons capacity 11.70 missioner of The West Australian Industrial Com- For each complete ton over mission, in pursuance of an allocation to me by 5 tons capacity twenty-five the Chief Industrial Commissioner and in pur- cents. Provided that the suance of the powers contained in section 92 of the maximum amount shall not Industrial Arbitration Act, 1912-1966, and all other exceed four dollars. Drivers of loaded motor powers therein enabling me, do hereby order and wagons (except tractors) declare— drawing a loaded trailer also That the Transport Workers' (State Elec- (not to include a mechanical tricity Commission) Award, No. 40 of 1965, as horse) forty cents per day amended, be and the same is hereby further extra. amended in accordance with the following (g) Driver of articulated vehicles: schedule and that such amendment shall take Not exceeding 8 tons capacity 14.20 effect as from the beginning of the first pay Exceeding 8 tons capacity, for period commencing on or after the date each complete additional ton hereof. twenty-five cents additional mar- Dated at Perth this 17th day of February, 1967. gin. Provided that the maximum IL.S.l (Sgd) D. CORT, amount shall not exceed five Commissioner. dollars. (h) Driver of mechanical horse with or without trailer 12.05 Schedule. (i) Driver of tow motor 5.65 Clause 31—Wages: Delete subclause (2) of this (j) Driver of fork lift 8.45 clause and insert in lieu thereof the following:— (k) Drivers of tractors without power (2) Adult Workers—Margins (per week): $ driven attachments 11.30 (a) Motor drivers of vehicles not ex- ceeding 25 cwt. capacity 8.60 (1) Drivers of mobile cranes— Exceeding 25 cwt and not exceed- (i) 5 tons or less 8.70 ing 3 tons capacity 10.10 (ii) Over 5 tons but not more Exceeding 3 tons capacity and than 10 tons 9.60 under 6 tons capacity 11.70 (iii) Over 10 tons but not more For each completed ton over than 20 tons 10.80 5 tons, twenty-five cents addi- (iv) Over 20 tons 11.85 tional margin. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

$ $ (b) Drivers of loaded motor wagons Painter 11.05 (Except tractors) drawing a loaded trailer also (not to in- Spray painter 11.05 clude a mechanical horse) forty Trimmer 11.05 cents per day extra. Signwriter (vehicle building and (c) Drivers of articulated vehicles not repair trade) .... 11.05 exceeding 8 tons capacity .... 14.20 First class welder 12.30 For each complete ton over Second class welder 6.10 8 tons twenty-five cents addi- Third class welder 5.15 tional margin. Fourth class welder 4.40 (d) Drivers of fork lift 8.45 Sectional trimmer 7.55 (e) Drivers of tractor 11.30 Metal panel fixer 6.40 Painter's labourer 4.10 Assembler viceman 4.30 Smith's striker 4.15 VEHICLE BUILDERS. Storeman 4.15 Award No. 8 of 1955. General labourer nil BEFORE THE WESTERN AUSTRALIAN (3) Adult Females margin per week over INDUSTRIAL COMMISSION. basic wage: No. 238. of 1967. Sewing machinists— First year's experience nil Between the West Australian Vehicle Builders' Industrial Union of Workers, Applicant, and Thereafter nil Boltons Pty Ltd, and others, Respondents. Clause 10—Special Rates and Provisions: Delete HAVING heard Mr R. L. Jones on behalf of the subclause (1) and insert in lieu thereof the applicant and Mr H, J. de Burgh on behalf of the following:— respondents, and by consent, I, the undersigned, (1) Leading Hands—A worker placed in charge Commissioner of The Western Australian Industrial of— Commission, in pursuance of an allocation to me (a) not less than three and not more than ten by the Chief Industrial Commissioner and in pur- other workers shall be paid two dollars suance of the powers contained in section 92 of the and thirty cents per week extra; Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and (b) more than ten and not more than twenty declare— other workers shall be paid four dollars and thirty five cents per week extra; That the Vehicle Builders' Award, No. 8 of 1955, as amended and consolidated, be and the (c) more than twenty other workers shall be same is hereby further amended in accordance paid six dollars and sixty-five cents per with the following schedule and that such week extra. amendment shall take effect as from the begin- ning of the first pay period commencing on or after the date hereof. Dated at Perth this 24th day of February, 1967. VERMIN FENCE EMPLOYEES. (Sgd) J. R. FLANAGAN, Award No. 21 of 1955. [L.S.l Commissioner. IN THE COURT OF ARBITRATION OF WESTERN AUSTRALIA. Schedule. No. 294 (285) of 1963. Clause 9—Wages: Delete subclauses (1), (2) and IN the matter of the Industrial Arbitration Act, (3) and insert in lieu thereof the following:— 1912-1961, and in the matter of various 9.—Wages. Awards and Industrial Agreements. The minimum rates of wages payable to workers WHEREAS the Court of Arbitration (hereinafter under this award shall be— referred to as "the Court") by way of summonses called upon the parties to various Awards and In- (1) Basic Wage (per week): $ dustrial Agreements to show cause why the provi- Males 33.50 sions contained therein relating to Annual Leave Females 25.13 and Public Holidays should not be amended; and (2) Adult Male Classifications Margin per whereas the said summonses came on for hearing week over basic wage: on the 17th day of June, 1963; and whereas the Court, having heard Mr J. Coleman on behalf of Coachsmith 12.30 industrial unions affiliated with the Trades and General smith 12.30 Labour Council of Western Australia, Mr D. E. Spring maker and/or fitter on Cort on behalf of certain private employers, Mr vehicles .... 12.30 E. R. Kelly on behalf of various Ministers of the Bodymaker 12.30 Crown in the right of the State and various Crown instrumentalities, and other representatives for Panel beater 12.30 other industrial unions and employers, determined Lead wiper and/or metal finisher 11.05 that various Awards and Industrial Agreements Wood machinist 9.90 be amended; Now, therefore, the Court in pur- 284 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967. suance of the powers conferred on it by section 61 WATER, SEWERAGE AND DRAINAGE of the Industrial Arbitration Act, 1912-1961, doth EMPLOYEES. hereby order— (Government.) That the Vermin Pence Employees' (A.W.U.) Award, No. 21 of 1955, be and the same is Award No. 8 of 1956. hereby amended in the terms of the attached BEFORE THE WESTERN AUSTRALIAN schedule. INDUSTRIAL COMMISSION. Dated at Perth this 6th day of September, 1963. No. 233 of 1967. By the Court, Between Government Water, Sewerage and Drain- R. V. NEVILE, age Employees' Industrial Union of Workers, President. Applicant, and the Minister for Water Supply, Schedule. Sewerage and Drainage, Respondent. 1. Clause 14—Annual Leave: Delete subclauses HAVING heard Mr H. R. Barrett on behalf of the (a) and (d) of this clause and insert in lieu there- applicant and Mr L. E. Boylan on behalf of the of:— respondent, and by consent, I, the undersigned, (a) Except as hereinafter provided a period Commisioner of The Western Australian Indus- of three (3) consecutive weeks' leave or, in the trial Commission, in pursuance of an allocation case of workers stationed north of Meeka- to me by the Chief Industrial Commissioner and tharra, four (4) consecutive weeks' leave with in pursuance of the powers contained in section payment of ordinary wages as prescribed shall 92 of the Industrial Arbitration Act, 1912-1966, be allowed annually to a worker by his em- and all other powers therein enabling me, do ployer after a period of twelve (12) months' hereby order and declare— continuous service with that employer, but That the Government Water, Sewerage and where a worker completes that twelve (12) Drainage Employees' Award, No. 8 of 1956, as months' continuous service on or after the amended and consolidated, be and the same 30th November, 1963 he shall be allowed four is hereby further amended in acordance with (4) consecutive weeks' leave instead of the the following schedule and that such amend- three (3) consecutive weeks' leave hereinbe- ment shall take effect as from the beginning fore prescribed or, if he is stationed north of of the first pay period commencing on or Meekatharra, five (5) consecutive weeks' leave after the date hereof. instead of the four (4) consecutives weeks' leave hereinbefore prescribed. Dated at Perth this 17th day of February, 1967. (d) Subject to sub-clause (dA) of this (Sgd) D. CORT, clause, after one (1) month's continuous ser- [L.S.I Commisioner. vice in any qualifying twelve monthly period a worker whose employment terminates shall be paid, in respect of each completed month Schedule. of continuous service in that qualifiying First Schedule: Delete Part 5 of the First period— Schedule and insert in lieu thereof the following:— (i) one-quarter Q) of a week's pay at Motor Transport Operators (margin per his ordinary rate of wage if he leaves week): his employment before the 30th Nov- $ ember, 1963, and one-third (4) of a (1) Drivers of motor vehicles: week's pay at his ordinary rate of Not exceeding 25 cwt. capacity .... 8.60 wage if he leaves his employment on Exceeding 25 cwt. and not exceeding or after that date; 3 tons capacity 10.10 (ii) one third (4) of a week's pay at his Exceeding 3 tons capacity and ordinary rate of wage if his employ- under 6 tons capacity 11.70 ment is terminated by the employer For each complete ton over five through no fault of the worker after tons twenty-five cents additional 6th September, 1963, and one-quarter margin. (4) of a week's pay at his ordinary Drivers of loaded motor wagons rate of wage if his employment is so (except tractors) drawing a terminated on or before that date. loaded trailer also (not to include (dA) The provisions of subclause (d) of a mechanical horse) forty cents this clause apply to a worker stationed north per day extra. of Meekatharra except that the fractions one- (2) Drivers of articulated vehicles—Not third (J) and five-twelfths (5/12ths) are sub- exceeding 8 tons capacity 14.20 stituted for the fractions one-quarter (J) and Exceeding 8 tons capacity for one-third (J) respectively. each complete additional ton, 2. Clause 15—Public Holidays: Delete subclause twenty-five cents additional margin. (a) of this clause and insert in lieu thereof:— (3) Drivers of double articulated vehicles: Not exceeding 10 tons capacity .... 14.45 (a) Except as hereinafter provided the fol- Exceeding 10 tons capacity for lowing days, or the day observed in lieu there- each complete additional ton, of, shall be allowed as a holiday to all workers twenty-five cents additional margin. and be paid for, namely, New Year's Day, Good Friday, Labour Day, Christmas Day and Box- (4) Drivers of machinery float—Not ex- ing Day. ceeding 8 tons capacity 12.85 Exceeding 8 tons capacity for each (Note: This amendment although published in complete additional ton, twenty- Government Gazette No. 9 of 1964, at page 575 five cents additional margin. on 7th February, 1964, has not been published Liberty to apply is reserved in previously in W.A.I.G.) respect to the Transport section. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 285

WOOD EXTRACT WORKERS. 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do Award No. 12 of 1957. hereby order and declare— BEFORE THE WESTERN AUSTRALIAN That the Wool Sorters (Wool Scouring INDUSTRIAL COMMISSION Works) Award, No. 41 of 1956, as amended No. 224 of 1967. and consolidated, be and the same is hereby Between Australian Workers' Union, Westralian further amended in accordance with the fol- Branch, Industrial Union of Workers, Appli- lowing schedule and that such amendment cant, and Industrial Extracts Ltd, Respondent. shall take effect as from the beginning of the first pay period commencing on or after the HAVING heard Mr J. Isherwood on behalf of the date hereof. applicant and Mr H. J. de Burgh on behalf of the respondent, and by consent, I, the undersigned, Dated at Perth this 17th day of February, 1967. Chief Industrial Commissioner of The Western [L.S.I (Sgd) D. CORT, Australian Industrial Commission, in pursuance of Commissioner. the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— Schedule. That the Wood Extract Workers' Award, No. 12 of 1957, as amended and consolidated, be and 1. Clause 10—Wages: Delete subclauses (1) and the same is hereby further amended in accord- (2) of this clause and insert in lieu thereof the ance with the following schedule and that such following:— amendment shall take effect as from the be- (1) Basic Wage (per week): $ ginning of the first pay period commencing Adult males 33.50 on or after the date hereof. (2) Adult Males (margin per week over Dated at Perth this 3rd day of March, 1967. male basic wage): (Sgd) S. F. SCHNAARS, Wool sorter 10.65 [L.S.] Commissioner. Piece picker 7.80

Schedule. Delete Clause 10—Wages—and insert in lieu thereof the following:— WOOL, HIDE AND SKIN STORES. 10.—Wages. $ Award No. 8 of 1966. (1) Basic Wage (per week) 33.50 BEFORE THE WESTERN AUSTRALIAN (2) Adult Male Margins (per week): INDUSTRIAL COMMISSION. Evaporator and finisherman .... 6.90 No. 191 of 1967. Factory operator 5.90 Factory operator's assistant .... 4.50 Between the West Australian Shop Assistants and Maintenance man 5.90 Warehouse Employees' Industrial Union of Sharpener of hogger blades .... 5.90 Workers, Perth, Applicant, and Elder Smith General hand 2.90 Goldsbrough Mort Limited, and others. Re- (3) Junior Workers (per cent, of basic spondents. wage): % HAVING heard Mr R. E. Archer on behalf of the Under 16 years of age 25 applicant and Mr J. de Burgh on behalf of the 16 to 17 years of age 35 respondents, and by consent, I, the undersigned, 17 to 18 years of age 60 Commissioner of The Western Australian Indus- 18 to 19 years of age 70 trial Commission, in pursuance of an allocation 19 to 20 years of age 85 to me by the Chief Industrial Commissioner and 20 to 21 years of age 90 in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— That the Wool, Hide and Skin Store Em- WOOL SORTERS. ployees' Award, No. 8 of 1966, be and the same (Wool Scouring Works.) is hereby amended in accordance with the fol- lowing schedule and that such amendment Award No. 41 of 1956. shall take effect as from the beginning of the BEFORE THE WESTERN AUSTRALIAN first pay period commencing on or after the INDUSTRIAL COMMISSION. date hereof. No. 186 of 1967. Dated at Perth this 17th day of February, 1967. Between the West Australian Shop Assistants and [L.S.] (Sgd) D. CORT, Warehouse Employees' Industrial Union of Commissioner. Workers, Perth, Applicant, and Swan Wool Scouring C. (W.A.) Ltd, Respondent. HAVING heard Mr R. E. Archer on behalf of the applicant and Mr J. de Burgh on behalf of the Schedule. respondent, and by consent, I. the undersigned, 1. Wool Store Section—Clause 10.—Wages: Commissioner of The Western Australian Indus- Delete subclauses (1) and (2) of this clause and trial Commission, in pursuance of an allocation insert in lieu thereof the following:— $ to me by the Chief Industrial Commissioner and (1) Basic Wage—Adult Males (rates per in pursuance of the powers contained in section week) 33.50 280 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

(2) Classification—Adult Males (margin $ over male basic wage per week): Pipe laggers 9.20 Head classer and/or man in charge Condenser coil cleaners 9.20 of wool store 15.35 Oil engine driver 8.50 Classer 12.35 All Stationary steam engine drivers Assistant storeman 11.35 whose work requires first or second Sorter .... 10.65 class certificates 14.55 Piece pickers and all other weekly AH other stationary steam engine hands 7.80 drivers whose work requires third 2. Hide and Skin Store Section—Clause 18.— class certificates 13.15 Wages: Delete subclauses (1) and (2) of this Locomotive crane driver 13.60 clause and insert in lieu thereof— $ Outside greaser 7.00 Greaser on killing floor 10.20 (1) Basic Wage—Adult Males (rates per Motor launch engine driver 10.45 week) .... 33.50 Motor launch engine driver's assistant 9.20 (2) Classification—Adult Males (margin Excavator driver (R.B.10) 18.80 over male basic wage per week): All other employees 9.20 Head classer and/or head storeman 15.35 2. Clause 60A—Rates—Engine Room and Boiler Assistant head classer 12.45 Skin classer 11.35 House: Delete this clause and insert in lieu there- Export skin classer 12.05 of the following:— Hide classer 12.45 Clause 60A.—Rates—Engine Room and Boiler Weekly hand handling hides and/or House. green skins other than those cov- The following rates shall apply to workers in ered in subclause (3) hereof .... 10.40 the Engine Room and Boiler House:— Assistant storeman 11.35 Margin over basic wage per week: $ Weekly hand 7.80 Engineer's assistant 16.00 Greaser 10.20 Fireman— 1st Class 13.10 WYNDHAM MEAT WORKS EMPLOYEES. 2nd Class 11.15 Award No. 10 of 1946. Such portion of the engine or boiler room staff as may be deemed necessary by the management on BEFORE THE WESTERN AUSTRALIAN overhaul work during the shut down or slack INDUSTRIAL COMMISSION. season shall be employed on such overhaul work No. 224 of 1967. at above rates provided they are competent to perform such work. Between the Federated Engine Drivers and Fire- men's Union of Workers of Western Australia, Applicant, and Wyndham Freezing, Canning and Meat Export Works, Respondent. AWARDS—Interpretations of— HAVING heard Mr D. E. Maguire on behalf of the applicant and Mr G. D. Johnson on behalf of the BUILDING TRADES. respondent, and by consent, I, the undersigned, Award No. 24 of 1958. Commissioner of The Western Australian Indus- (Re Meaning of Words "initial construction of trial Commission, in pursuance of an allocation to mining and other facilities" as expressed in me by the Chief Industrial Commissioner and in Clause 14 (30) (a)—Special Rates and Provi- pursuance of the powers contained in section 92 of sions.) the Industrial Arbitration Act, 1912-1966, and all BEFORE THE WESTERN AUSTRALIAN other powers thei*ein enabling me, do hereby order INDUSTRIAL COMMISSION. and declare:— No. 411 of 1966. That the Wyndham Meat Works Award, No. Between Lyons and Peirce (Bunbury) Pty Limited, 10 of 1946, as amended and consolidated, be Applicant, and Building Trades Association of and the same is hereby further amended in Unions of Western Australia (Association of accordance with the following schedule and Workers), and others, Respondents. that such amendment shall take effect as from Before Mr Commissioner D. E. Cort. the beginning of the first pay period com- mencing on or after the date hereof. The 15th day of March, 1967. Mr G. J. Martin on behalf of the applicant. Dated at Perth this 24th day of February, 1967. Mr S. J. Mutton on behalf of the respondents. [L.S.] (Sgd) J. R. FLANAGAN, Judgment. Commissioner. THE COMMISSIONER: This is an application by Lyons and Peirce (Bunbury) Pty Limited for an interpretation of paragraph (a) of Subclause (30) Schedule. of Clause 14, Special Rates and Provisions of the 1. Clause 59—Rates: Delete subclause (a) and Building Trades Award No. 24 of 1958. That sub- insert in lieu thereof the following:—• clause where relevant to a consideration of the Margin over basic wage per week: question submitted reads:-— $ (30) (a) This subclause applies to workers (a) Engine room cleaners 9.20 employed— Rigger man 9.70 (i) on Increment 1 or Increment 2 of the Boiler and flue cleaners 10.70 construction of the communications Caulker 10.40 centre in the area occupied and con- Caulker's assistant ...... 9.20 trolled by the United States Navy at 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 287

and in the vicinity of North West At the speaking to the minutes the parties dis- Cape and during the period of the cussed the foregoing provision and on the handing construction of those increments to down of the order on the 16th June, 1966, the Com- workers employed on other construc- mission stated— tion work at the town of Exmouth; Paragraph (a) of subelause (30) has also (ii) in connection with the initial construc- been amended to clarify the period during tion of mining and other facilities which the payments prescribed by the sub- being carried out for and on behalf of clause are to be continued and to . . . It has Hamersley Iron Proprietary Limited at not been possible to more precisely fix the time and in the vicinity of Mount Tom Price at which the allowance will no longer be pay- and Dampier and . . . able. The date on which the first shipment of (iii) . . . ore is made is not necessarily a true measure and subject to certain other conditions, an allow- of that time in all circumstances. For example, ance of either seven dollars or four dollars per week as distinct from the position at Koolan Island is prescribed for a worker so employed. when the date of that shipment was fixed as The question submitted to the Commission is— an appropriate time (44, W.A.I.G. p. 191) the Does the phrase "initial construction of min- permanent facilities needed for community life ing and other facilities" include plumbing work will not be constructed on all projects prior to in and in connection with buildings erected for the time of that shipment. In any event no and on behalf of Hamersley Iron Proprietary injustice can arise for when an employer Limited at Mount Tom Price subsequent to the considers the allowance should no longer be commencement of quarrying and crushing payable the way is open for him to make operations and construction of housing units? application for the deletion of the provision The relevant part of the subelause was included either in whole or in part. (46, W.A.I.G. in the award by order of the Commission dated the p. 803/4.) , 20th June, 1966, (46, W.A.I.G., p. 804) and in the and later in respect of all provisions in the order, judgment accompanying the order, the provision it was said— was discussed at some length (46, W.A.I.G., p. 766, Subject to what is to follow the consolidated pp. 783-786 inc.). The claim by the unions in re- award will be issued formally on Monday next spect thereto was based on a similar allowance pre- with the amendments contained therein opera- scribed for workers employed at "North-West ting from and including that date. This time Cape" and the following extracts from the afore- is necessarily allowed to enable the parties to mentioned judgment should be noted:— speak to the minutes of provisions included in . . . The North-West Cape allowance was the order for the first time and to raise the fixed to cover the circumstances of a particu- question of any rights which may be thought lar case, namely the construction in the North to exist under section 69. If the parties do not of a multi-million dollar project of some magni- desire any further proceedings to take place, tude and of national importance, requiring the then the Commission should be so advised and employment of many hundreds (or thousands) the order will issue on Monday with the parties of workmen on a building programme which not being required to attend. could be described as urgent and in connection with which the employers demanded a working None of the parties desired a further speaking to week of at least fifty-four hours on a site the minutes and the amending order was issued on isolated from permanent habitation. the 20th June, 1966. . . . the Hamersley and Mt Goldsworthy iron The circumstances which gave rise to the question ore projects may be compared with the North- are as follows:— West Cape project. Each is undertaking what During the period August-December, 1966, may be termed a "crash" building programme Lyons and Peirce (Bunbury) Pty Limited, act- in the north which is of national importance ing as subcontractors, carried out work for and and of some magnitude with a large number on behalf of Hamersley Iron Proprietory Limi- of men working long hours and generally living ted at and in the vicinity of Mt Tom Price and in messes away from permanent townsites with Dampier. That work involved roofing and/or the need to construct a town and its facilities wall sheeting and sanitary plumbing work on in addition to mining and industrial buildings. single men's quarters, a hospital, schools, can- It is not unreasonable for the workers em- teens and dining halls, a supermarket, laund- ployed on these projects to be granted an allow- ries, and a swimming pavilion. More recently ance of the type fixed for the North-West Cape work has been commenced on additions to the and by and large no reason exists why amounts buildings originally erected. The first ship- different from those prescribed for workers at ment of ore from Dampier took place in August, the Cape should be fixed . . . 1966, and by that time quarrying and crushing . . . The allowance was originally prescribed operations would have commenced. for work on a site away from permanent habi- The Commission was asked to answer the quest- tation . . . ion so that the employer would know what was In the minutes (of the proposed order) an required by the award and it was suggested by him attempt has been made to fix the time or the that the question submitted should be answered in stage at which the allowance should no longer the negative. Mr Martin expressed the view that be payable but in this respect and at the the meaning of the words used was obscure or speaking to the minutes the assistance of the ambiguous in that, if the dictionary meaning of the parties would be appreciated, (pp. 785/8.) word "initial" was applied, the intention was diffi- The minutes of the proposed order read— cult of discovery and did not define the exact point This subelause applies to workers employed of time at which the allowance ceased to apply. ... in connection with the construction of He pointed out that in August, 1966, the "mining mining and other facilities being carried out facilities" had been constructed but that in the for and on behalf of Hamersley Iron Pro- subelause, and conjunctive to those facilities, men- prietary Limited at and in the vicinity of Mt tion was made of "other facilities" which could be Tom Price and Dampier and . . . constructed at any time. That time would be 288 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

limited, however, to some extent. (See Gas Meter Co., Ltd v. Diaphragm & General Leather Co., Ltd AGREEMENTS-INDUSTRIAL- (1925), 41 T.L.R. 342.) Registered— The rules to be followed in an interpretation have been stated on other occasions in known cases CLEANERS AND CARETAKERS. and will not be repeated. However, it should be said that words are to be interpreted according to (Metropolitan Market Trust.) their ordinary and natural meaning and, if those INDUSTRIAL AGREEMENT words are clear and unambiguous, then they must No. 9 Of 1967 be applied as they stand but, if the words are ambiguous, then one must look elsewhere to ascer- (Registered 13th March, 1967,) tain what was truly intended. Finally, in looking THIS agreement made in pursuance of the Indus- for what was intended, the words used must be trial Arbitration Act, 1912-1963, this sixth day of given some meaning on the presumption that each February, 1967, between the Metropolitan Market would not have been used unnecessarily and the Trust of the one part, and the West Australian provision under consideration must be construed Cleaners, Caretakers, Lift Attendants, Window so as to make it operative. Cleaners, Attendants and Watchmen's Industrial In the subclause under discussion, the word Union of Workers (Perth) of the other part, wit- "initial" has been used as an adjective to the word nesseth that, for the consideration hereinafter "construction", and turning to the dictionary, that appearing, the parties hereto mutually covenant word is given the meaning—"of, existing or and agree the one with the other as follows:— occurring at, the beginning; as—stage, expenses, difficulties." On this meaning it is the workers 1.—Title. employed on work occurring at the "beginning This agreement shall be known as the "Cleaners construction" of mining and other facilities with and Caretakers" (Metropolitan Market Trust) which the provision is concerned or, using words Agreement, 1987, and replaces Agreement No. 4 of synonymous with "initial", the "first" or "original" 1948. construction of those facilities. Next, to ascertain 2.—Arrangement. the true interpretation of the subclause, assistance 1. Title. can be gained from a consideration of what was 2. Arrangement. said in the judgment referred to above and, in that 3. Term. respect, first, the word "initial", not being used in 4. Scope. the minutes of the proposed order, was clearly directed towards limiting the period during which 5. Definitions. the allowance was to be paid. If it had not been 6. Hours. included, then the allowance would have been pay- 7. Rates of Pay. able for all time on any of the construction work 8. Overtime. referred to therein. Secondly, the allowance was 9. Shift Work. provided for a building programme in an area which 10. Meal Hours. was "isolated from permanent habitation" or, in 11. Public Holidays. other words, "away from permanent towns!tes with 12. Annual Leave. the need to construct a town and its facilities in 13. Time and Wages Book. addition to mining and industrial buildings". 14. Posting Agreement. Thirdly, the date upon which the first shipment of 15. Notices. ore occurred was not necessarily a true measure of 16. Long Service Leave. the time at which the allowance should cease to 17. Absence through Sickness. apply because "the permanent facilities needed for 18. General Conditions. community life will not be constructed on all pro- 19. Protective Clothing. jects prior to the time of that shipment". Fourthly, 20. Travelling Time. by placitum (i) of the subclause, the allowance 21. Contract of Service. applied to workers employed on Increment 1 or 22. Higher Duties. Increment 2 of the construction of the communica- 23. No Reduction. tions centre at North West Cape. Thereunder, a 24. Change Room. definite period of time could be fixed and those 25. Board of Reference. Increments covered the planned building pro- 26. Preference. gramme to change the area from a "site isolated from permanent habitation". The allowance for 3.—-Term. Mt Tom Price was granted for similar reasons to The currency of this agreement shall be three those which applied at North West Cape and it years from the date hereof. would be expected that, as far as was possible, placitum (ii) would be constructed similarly to 4.—Scope, placitum (i). This agreement shall apply to the various The words, "initial construction of mining and designations of workers specified herein. other facilities" will be interpreted to mean the construction necessary to permit the commence- 5.—Definitions. ment of quarrying and crushing operations and to (1) "Senior Market Inspector" shall mean the provide the stated townsites with the housing, Senior Inspector in charge of traffic control and medical, shopping, and other permanent facilities shall see that the by-laws are duly observed in and as were originally planned for construction as a with respect to the Market, and to report to the need to community life. Secretary any alleged breaches thereof. The question will be answered—"Yes", in that (2) "Market Inspector" shall mean a worker the payment of the allowance is dependent, not only who is substantially employed in the directing and upon the construction of mining facilities, but on controlling of vehicular traffic in the Market Area the construction of other permanent facilities, and also the collecting of fees. He shall undertake which term would include buildings other than cleaning duties as required. He shall also see that houses. the by-laws are duly observed in and with respect Decision accorMngly, to the Market. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 289

(3) "Watchman" shall mean a male person re- 9.—Shift Work. quired to watch and/or guard and/or patrol the Watchmen employed on any shift other than day premises of the Trust, and he shall be responsible shift shall be paid five per cent, in addition to the for the opening and closing of the Market gates ordinary rate. as directed by the Superintendent or Secretary. Provided that on Saturdays and Sundays this (4) "Cleaner Male" shall mean a worker additional rate shall not be payable in addition to responsible for the cleaning of toilets on Market the rates prescribed in Clause 8 (4) hereof. premises, but shall also be required to do other cleaning as directed. He shall also be called upon to undertake pest eradication. 10.—'Meal Hours. (5) "Cleaner Female" shall mean a worker who (1) Except in the case of watchmen, when a is responsible for the cleaning of the offices occu- worker is employed for at least six hours, he or pied by the Trust. she shall be allowed one hour for a meal between (6) "Casual Worker" shall mean a worker who is the fourth and sixth hours of such employment. engaged for a period not exceeding one week. Such If such hour is worked it shall be deemed to be worker shall be paid a minimum of two hours for overtime and paid for at the rate of one and a each engagement. half times the ordinary rate. (7) "Premises" shall include all property and (2) All workers required to do overtime work for buildings owned or occupied by the Trust- more than one hour shall be paid sixty-five cents 6.—Hours. for each meal, between the ordinary ceasing time and the completion of overtime work unless notified (1) The hours of male employees shall be forty thereof on the previous day, and unless the em- per week which may be worked between the hours ployer provides such meals for them. In case of of 6 a.m. and 5 p.m. Mondays to Fridays and emergency where workers are unable to leave their between 6 a.m. and 3 p.m. Saturdays. work to procure a meal, the same shall be provided (2) The hours of female cleaners shall not ex- by the employer. ceed forty hours per week and may be worked between 6 a.m. and 7 p.m, from Monday to Friday and between 6 a.m. and 12 noon on Saturday. 11.—Public Holidays. (3) The hours of work for night watchmen shall (1) With the exception of watchmen the follow- be forty per week, and all time worked in excess ing days or the days observed in lieu shall, subject shall be paid for at overtime rates. as hereinafter provided, be allowed as holidays without deduction of pay, namely: New Year's Day, 7.—Rates of Pay. Australia Day (26th January), Good Friday, Easter (1) Basic Wage (per week): $ Monday, Anzac Day, Labour Day, Foundation Day, Males 33.50 Sovereign's Birthday, Christmas Day and Boxing Females 25.13 Day: Provided that another day may be taken as a (2) Margin over basic wage per week: holiday by arrangement between the parties in lieu Senior Market Inspector 11.95 of any of the days named in the subclause. Market Inspector 7.60 (2) Where Christmas Day or New Year's Day Watchman 6.15 falls on a Saturday or a Sunday, such holiday Cleaner—Male 3.90 shall be observed on the next succeeding Monday Cleaner—Female (— 40) 5.25 and where Boxing Day falls on a Sunday or a Mon- (3) In addition to the rates prescribed herein, day such holiday shall be observed on the next a worker who in any week handles money in succeeding Tuesday; in each such case the sub- excess of twenty dollars and accounts for it to stituted day shall be deemed a holiday without his employer, shall be paid an allowance of sixty deduction of pay in lieu of the day for which it is cents. substituted. (4) A casual worker shall receive 15 per cent, of (3) Whenever any holiday falls on a worker's the ordinary rate in addition to the ordinary rate ordinary working day and the worker is not re- for his or her class of work. quired to work on such day, he shall be paid for the 8—Overtime. ordinary hours he would have worked on such day, (1) Except as hereafter provided all time worked if it had not been a holiday. If he is required to in excess of or outside the usual hours shall be paid work on a holiday he shall be paid for the time for at the rate of time and a half for the first four worked as if it was an ordinary working day and hours and double time thereafter. Provided that shall in addition be allowed a day's leave with pay workers called upon to start within an hour and a to be added to the annual leave or to be taken half prior to the usual starting time shall be paid at some subsequent date if the worker so agrees. at the rate of time and a half until the usual starting time. 12.—Annual Leave. (2) All workers (except Watchmen) required to (1) Except as hereinafter provided, a period of work on a Sunday shall be paid for the time so three consecutive weeks leave, or, In the case of a worked at double the ordinary rates with a mini- watchman, five weeks leave on full pay shall be mum of four hours. allowed annually to a worker by his employer after (3) For watchmen all time in excess of forty a period of twelve months continuous service with hours per week or in excess of ten hours per day that employer. shall be paid for at the rate of time and half. (2) If any award holiday falls within a worker's (4) All ordinary time worked by watchmen other than a watchman's, period of annual leave between midnight on Friday and midnight on and is observed on a day which in the case of that Saturday shall be paid at the rate of time and one- worker would have been an ordinary working day quarter, and between midnight on Saturday and there shall be added to that period one day being midnight on Sunday at the rate of time and one an ordinary working day for each such holiday half. observed as aforesaid. 290 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

(3) (a) Subject to paragraph (b) of this sub- 17.—Absence Through Sickness. clause when computing the annual leave due under (1) (a) A worker shall be entitled to payment this clause no deduction shall be made from such for non-attendance on the ground of personal ill leave in respect of the period that a worker is on health for one-sixth of a week's pay for each com- annual leave and/or holidays. Provided that no pleted month of service. deduction shall be made for any approved period (b) If, in any calendar year any absence through a worker is absent from duty through sickness with sickness exceeds the worker's current entitlement, or without pay unless the absence exceeds three and, by service subsequent to the sickness the calendar months, in which case deduction may be worker becomes entitled to further sick leave with made for such excess only. pay, payment may be adjusted at the end of that (b) Approved periods of absence from work calendar year or at the time the worker leaves the caused through accident sustained in the course of service of the employer, whichever is the sooner. employment shall not be considered breaks in con- (c) Any unused portion of the sick leave herein tinuity of service but the first six months only of prescribed up to a maximum of one week in respect any such period shall count as service for the of each calendar year shall be allowed to accumu- purpose of computing annual leave. late and may be availed of in the next or any (4) After one month's continuous service in any succeeding year. qualifying twelve monthly period a worker whose (2) This clause shall not apply where the worker employment terminates shall be paid one-quarter of is entitled to compensation under the Workers' a week's pay at his normal rate of wage in respect Compensation Act. of each completed month of continuous service in that qualifying period and in the case of a watch- (3) No worker shall be entitled to the benefits man five-twelfths of a week's pay at his normal of this clause unless he produces proof satisfactory rate of wage in respect of each completed month of to the employer, or his representative, of sickness, continuous service as a watchman in the qualify- but the employer shall not be entitled to a medical certificate unless the absence is for more than two ing period. days. (5) Any worker who may resign or be dismissed from the service for any cause, other than for (4) No payment will be made for any absence peculation or theft, shall be entitled to receive due to the worker's own fault, neglect or miscon- payment for any annual leave which may have duct. been due up to the time of leaving the service, pro- 18.—General Conditions. vided always that if the worker has been dismissed (1) No female cleaner shall be permitted to for peculation or theft no claim for annual leave ascend to a greater height from the floor or ground shall be recognized. Misconduct herein referred than three feet to do any cleaning. The employer to shall not affect accumulated annual leave or shall provide a suitable appliance for this purpose. payment therefor. (2) Any worker who is required to clean windows (6) The provisions of this clause shall not apply when it is necessary to go wholly outside the win- to casual workers. dows, or climb around an outside column to do such cleaning, shall, if such cleaning and climbing is 13.—Time and Wages Book. at a height of more than ten feet from the ground or verandah, be paid an allowance of two point (1) The employer shall keep or cause to be kept five cents extra for each such window, unless the a Time Book and Wages Sheet, in either of which outside window or column ledge is more than shall be entered— twenty inches wide. Provided that nothing in this (a) the name of each worker to whom this subclause shall apply to cleaning from a ladder agreement applies; resting on the ground. Provided further, that no (b) the nature of the work performed; payment under this clause shall be due in cases (c) the hours worked each day; where safety appliances are provided. Where such (d) the wages and overtime (if any) paid to appliances are provided, the worker must use same. each worker. (3) Where cleaning is done from a ladder and any portion of the window to be cleaned exceeds Workers shall record their starting and finishing in height twenty-five feet from the ground, the times daily in the Time Book; and shall sign the worker shall be paid two point five cents per window Wages Sheet on receipt of their wages. extra for each window so cleaned. Provided that (2) The Time Book with all entries therein shall this clause shall not apply where such cleaning on demand be produced for inspection by the work is done from the interior of a building at a secretary or duly authorised official of the union height not greater than twenty-five feet from the at any reasonable time. The Wages Sheet shall be floor; Provided further, that this clause shall not similarly produced on demand during ordinary apply when an efficient safety device is provided. office hours. (4) (a) Subject to clause 17, any regular worker on a weekly engagement who may not have 14.—Posting Agreement. worked the maximum number of ordinary working A copy of this agreement shall be posted in a hours in any one week shall be paid not less than suitable place on the premises of every employer. the minimum weekly rate of wages specified herein for his or her particular class of work; Provided 15.—Notices. that such worker has been available to work the The secretary or authorised person may post maximum number of ordinary working hours. notices relating to union business at a place where (b) For the purpose of this subclause, time the copy of the agreement is posted. worked on statutory holidays within the limita- tions set out shall be deemed hours in which a 16.—Long Service Leave. worker was available to work the ordinary working In accordance with the conditions adopted by hours. the Western Australian Government, all full-time (5) All cleaning materials, and disinfectants employees of the Trust whether male or female, used by the worker shall be provided free by the shall be granted long service leave. employer. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 291

19.—Protective Clothing. 25.—Board of Reference. (1) Where the employer deems it necessary for (1) The Commission may, for the purposes of the work, rubber boots shall be supplied by the this agreement, appoint a Board of Reference con- employer in the following cases:— sisting of a Chairman and two other members who (a) Where a worker is required to use a hose shall be appointed pursuant to Regulation 80 of the on any place above the floor surface on Industrial Arbitration Act (Western Australian which he is working. Industrial Commission) Regulations, 1964. (b) To wash with a hose any place for thirty (2) The Board of Reference is hereby assigned minutes or more continuously on any day. the function of determining any dispute between (c) Where a worker is required by the em- the parties in relation to any matter which, under ployer to work in the rain, suitable pro- this agreement may be allowed, approved, fixed, tective clothing shall be provided free by determined or dealt with by a Board of Reference. the employer, 26,—Preference. (2) In the event of any dispute as to the (1) In this clause— necessity of supplying such rubber boots, the "the union" means the West Australian matter shall be referred to the Board of Reference. Cleaners, Caretakers, Lift Attendants, 20.—Travelling Time. Window Cleaners, Attendants and Watch- (1) Where a worker is sent to work from an men's Industrial Union of Workers, employer's recognised place of business the em- Perth. ployer shall pay all travelling time from such place "unionist" means a worker who is a member of business to the job, and if the worker is re- of the union quired to return the same day to the employer's "non-unionist" means a worker who is not a place of business, the employer shall pay travelling member of the union. time to the place of business. (2) Subject to the provisions of this clause it is (2) A worker sent for duty to a place other than a condition of employment under this award that his regular place of duty shall be paid his excess each non-unionist shall— travelling expenses. (a) unless he has already applied for mem- bership of the union in the manner pre- 21.—Contract of Service. scribed by the rules of the union, apply In the case of regular workers one week's notice for such membership in the manner so must be given by either side to the other when it prescribed within seven days of receiving, is desired to terminate the engagement. The Trust from an accredited representative of the may pay a week's wages in lieu of notice and in union, a copy of those rules, a copy of the case of a worker leaving without notice before this clause and an application form for such notice expires he shall forfeit all wages membership. accruing due to him for the current week's service. (b) Upon being notified that he has been Such week's notice can not be continued from week accepted as a member of the union, do to week. Provided that this shall not apply in the such things as may be required under the case of misconduct when a worker shall be subject rules of the union in relation to his to instant dismissal and entitled only to the pay admission to membership. due to him up to the hour of dismissal. Provided (c) Thereafter remain a unionist while so also that the engagement of a casual hand may employed. be terminated at any time. (3) Subclause (2) of this clause does not apply 22.—Higher Duties. to any worker— A worker called upon to perform work carrying (a) who holds a certificate of exemption from a higher minimum than his regular rate of pay membership of the union issued and in shall be paid such higher minimum for the par- force pursuant to section 6 IB of the ticular shift whilst so employed upon such higher Industrial Arbitration Act, 1912-1963; work; Provided that acting time less than twenty (b) who, prior to the expiration of the seven minutes in any one shift shall not be counted. days, referred to in that subclause, has Should any worker be required to perform work applied for such a certificate of exemp- in a lower grade for any shift or portion thereof, tion, unless and until that application is his wages shall not be reduced whilst employed in finally determined under that section; or such capacity. (c) for the unexpired portion of any period in respect of which he has, prior to com- 23.—No Reduction. mencing employment under this award, Nothing contained in this agreement shall paid membership fees on his own behalf to entitle an employer to reduce the wage of any another union. worker who at the date of this agreement is being (4) (a) Where the Secretary of the Union has paid a higher rate of wage than the minimum pre- notified an employer that a non-unionist to whom scribed for his class of work. the provisions of subclause (2) of this clause apply has failed or refused to comply with those provi- 24.—Change Room. sions, that non-unionist shall not be retained in Where practicable, suitable dressing accommoda- employment by that employer for more than tion shall be provided by the employer and time twenty-four hours to the exclusion of any well- for changing clothes of the workers engaged in the conducted unionist who is employed by, or who industry shall be included in the time set out for applies for employment, with that employer and the week's work. Ten minutes per day shall be who is adequately experienced and otherwise com- allowed for changing cloths. Cleaning material petent in the work performed by that non-unionist, shall not be kept in the dressing room. Watchmen and is of the sex to which that work is allotted shall be provided with facilities for boiling water, by this award or, where the award makes no such where practicable. provision by custom. 292 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

(b) Where paragraph (a) of this subclause operates so as to require the dismissal of a non- AGREEMENTS-INDUSTRIAL- unionist by his employer the provisions of clause 21 of this award are hereby declared inoperative Variations of— in respect of that dismissal but only if— ENGINE DRIVERS. (i) a unionist is engaged to commence work (Firemen—Soap Works.) in the place of the non-unionist; and (ii) that the dismissal does not become effect- Agreement No. 7 of 1951. ive before the unionist has so commenced. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. (5) A non-unionist shall not be engaged for any work to the exclusion of a well-conducted unionist No. 143 of 1967. if that unionist- Between the Federated Engine Drivers and Fire- la) is adequately experienced in and compe- men's Union of Workers of Western Australia, tent to perform that work; Applicant, and Unilever Australia Proprietary (b) applies to that employer for employment Limited, Respondent. on that work— HAVING heard Mr D. E. Maguire on behalf of the (i) not later than the time at which applicant and Mr H. J. de Burgh on behalf of the the non-unionist applies, or respondent, and by consent, I, the undersigned, Commissioner of The Western Australian Indus- (ii) within the time specified by that trial Commission, in pursuance of an allocation to employer in any advertisement call- me by the Chief Industrial Commissioner and in ing for such applications, pursuance of the powers contained in section 42 of whichever is the later. the Industrial Arbitration Act, 1912-1966, and all (c) Is able to commence work at the time other powers therein enabling me, do hereby order required by the employer, and and declare— (d) is of the sex to which the work concerned That the Engine Drivers' (Firemen—Soap is allotted by this award or, where the Works) Industrial Agreement, No. 7 of 1951, as award makes no such provision, by cus- amended, be and the same is hereby further tom. amended in accordance with the following schedule and that such amendment shall take (6) Subclause (5) of this clause does not apply effect as from the beginning of the first pay to a non-unionist— period commencing on or after the date here- (a) who holds a certificate of exemption from of. membership of the union issued and in Dated at Perth this 17th day of February, 1967. force pursuant to section 61B of the [L.S.l (Sgd) D. CORT, Industrial Arbitration Act, 1912-1963; or Commissioner. (b) for the period between the date on which he applies for such a certificate and the date on which that application is finally Schedule. determined under that section. Delete Clause 5.—Wages, and insert in lieu thereof the following:— 5.—Wages. In witness whereof the parties hereto have The minimum rates of wages payable to workers hereunder set their hands and seal the day and covered by this Agreement shall be as follows:— year hereinbefore written. $ (a) Basic Wage (per week) 33.50 By the authority of the Metro- politan Market Trust the (b) Adults (margin per week); Common Seal of the said Fireman attending one boiler .... 4.80 Metropolitan Market Trust Fireman attending to two or more was hereto affixed by boilers 6.55 in the presence of—■ P. K. WRIGHT, Chairman. [L.S.l ENGINE DRIVERS. J. H. CADDY, (Woollen Mills.) Secretary. Agreement No. 13 of 1960. J. Nankivell. BEFORE THE WESTERN AUSTRALIAN Signed sealed and delivered INDUSTRIAL COMMISSION. by the aforesaid West Aus- No. 144 of 1967. tralian Cleaners, Caretak- ers, Lift Attendants, Win- Between the Federated Engine Drivers and Fire- dow Cleaners, Attendants men's Union of Worker's of Western Aus- and Watchmen's Industrial tralia, Applicant, and Western Australian Union of Workers (Perth), Worsted and Woollen Mills Ltd, Respondent. in the presence of— HAVING heard Mr D. E. Maguire on behalf of the applicant and Mr H. J. de Burgh on behalf of the A. Bohn. respondent, and by consent, I, the undersigned. JAS. E. GIBSON, Commissioner of The Western Australian Indus- [L.S.l President. trial Commission, in pursuance of an allocation W. J. FITZGERALD, to me by the Chief Industrial Commissioner and Secretary. in pursuance of the powers contained in section 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

42 of the Industrial Arbitration Act, 1912-1966, Schedule. and all other powers therein enabling me, do Clause 2—Wages: Delete paragraphs (i) and (ii) hereby order and declare— of subclause (a) of this clause and insert in lieu That the Engine Drivers' (Woollen Mills) thereof the following:— Industrial Agreement No. 13 of 1960, as amended, be and the same is hereby further 2.—Wages. amended in accordance with the following $ schedule and that such amendment shall take (i) Basic Wage (per week) 33.50 effect as from the beginning of the first pay (ii) Adult males (margin per week): period commencing on or after the date Engine Drivers ...... 11.32 hereof. Firemen 9.38 Dated at Perth this 17th day of February, 1967. [L.S.] (Sgd) D. CORT, Commissioner.

Schedule. ENGINE DRIVERS. Clause 12.—Wages: Delete this clause and in- (Brewery—Eastern Goldfields.) sert in lieu thereof the following:— Agreement No. 13 of 1951. 12.—Wages. $ BEFORE THE WESTERN AUSTRALIAN (a) Basic Wage (per week) 33.50 INDUSTRIAL COMMISSION. (b) Adults (margin per week): No. 146 of 1967. Fireman attending one boiler .... 4.80 Fireman attending two or more Between the Federated Engine Drivers and Fire- boilers 6.55 men's Union of Workers of Western Australia, Trimmer assisting fireman 3.15 Applicant, and Kalgoorlie Brewing Company (c) A casual worker shall mean and include any Limited, Respondent. employee competent to do the work he is HAVING heard Mr D. E. Maguire on behalf of the engaged to do, who is, without any fault applicant and Mr H. J. de Burgh on behalf of the of his own, dismissed or refused work, (as respondent, and by consent, I, the undersigned. it is hereby agreed he may be) before Commissioner of The Western Australian Industrial expiration of one week from and including Commission, in pursuance of an allocation to me by the date he starts work. Casual workers the Chief Industrial Commissioner and in pur- shall be paid ten per cent, in addition to the suance of the powers contained in section 42 of rates set out above. the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare— That the Engine Drivers and Firemen (Kal- ENGINE DRIVERS. goorlie Brewery) Industrial Agreement, No. (Breweries—Metropolitan.) 13 of 1951 as amended, be and the same is hereby further amended in accordance with Agreement No. 23 of 1965. the following schedule and that such amend- BEFORE THE WESTERN AUSTRALIAN ment shall take effect as from the beginning INDUSTRIAL COMMISSION. of the first pay period commencing on or after the date hereof. No. 145 of 1967. Between The Federated Engine Drivers and Fire- Dated at Perth this 17th day of February, 1967. men's Union of Workers of Western Australia, [L.S.l (Sgd) D. CORT, Applicant, and The Swan Brewery Company, Commissioner. and Others, Respondents. HAVING heard Mr D. E. Maguire on behalf of the applicant and Mr H. J. de Burgh on behalf of the respondents, and by consent, I, the undersigned. Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me Schedule. by the Chief Industrial Commissioner and in Clause 2—Wages Schedule: Delete subclause (a) pursuance of the powers contained in section 42 of and insert in lieu thereof the following:— the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order (a) The parties to this agreement mutually and declare— agree that the minimum rate of wages that shall be paid by the employers respectively to That the Engine Drivers Breweries (Metro- the persons employed by such employers in the politan) Industrial Agreement, No. 23 of 1965, capacities undermentioned shall be as as amended, be and the same is hereby further amended in accordance with the following follows:— schedule and that such amendment shall take $ effect as from the beginning of the first pay (i) Basic Wage (per week) 33.50 period commencing on or after the date hereof. (ii) Adult males (margin over basic Dated at Perth this 17th day of February, 1967. wage per week of 40 hours): (Sgd) D. CORT, Engine drivers 8.51 [L.S.l Commissioner. Firemen 6.86 [19 April, 1967.

ENGINE DRIVERS. lighting the works or for auxiliary (Country Pumping Stations.) plant) he shall be paid an extra margin of two dollars thirty cents per week, Agreement No. 49 of 1960. (ii) Second pumpers in charge of plant shall BEFORE THE WESTERN AUSTRALIAN be paid an extra margin of two dollars INDUSTRIAL COMMISSION. thirty cents per week. Provided that these rates shall not be cumulative to No. 147 of 1967. the extent of increasing the margin of Between the Federated Engine Drivers and Fire- a worker above fifteen dollars and fifty men's Union of Workers of Western Australia, cents. Applicant, and Hon. Minister for Works, Re- (d) In addition to the margins prescribed in spondent. subclause (b) of this clause— HAVING heard Mr D. E. Maguire on behalf of the (i) the pumpers in charge of Barbalin, Wad- applicant and Mr G. D. Johnson on behalf of the douring, Knungagin, Narembeen, Kon- respondent, and by consent, I, the undersigned, dinin, Meckering and Menzies shall be Commissioner of The Western Australian Industrial paid an extra margin of two dollars Commission, in pursuance of an allocation to me seventy-five cents per week to cover all by the Chief Industrial Commissioner and in pur- overtime worked; suance of the powers contained in section 92 of the (ii) the pumpers in charge at Meekatharra, Industrial Arbitration Act, 1912-1966, and all other Station Creek, Nallan and Ora Banda powers therein enabling me, do hereby order and shall be paid an extra margin of four declare— dollars per week to cover all overtime That the Engine Drivers (Country Pumping worked. Stations) Industrial Agreement, No. 49 of 1960, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take ENGINE DRIVERS. effect as from the beginning of the first pay period commencing on or after the date hereof. (Superphosphate.) Dated at Perth this 24th day of February, 1967. Agreement No. 10 of 1960. [L.S.] (Sgd) J. R. FLANAGAN, BEFORE THE WESTERN AUSTRALIAN Commissioner. INDUSTRIAL COMMISSION. No. 149 of 1967. Schedule. Between the Federated Engine Drivers and Fire- Clause 7—Wages: Delete this clause and insert men's Union of Workers of Western Austra- in lieu thereof the following:— lia, Applicant, and CSBP and Farmers Ltd, 7.—Wages. Respondent. $ HAVING heard Mr D. E. Maguire on behalf of the (a) Basic wage (per week) 33.50 applicant and Mr H. J. de Burgh on behalf of the (b) Margin over basic wage per week: respondent, and by consent, I, the undersigned. Pumpers-in-charge: Commissioner of The Western Australian Indus- Barbalin 12.30 trial Commission, in pursuance of an allocation Meekatharra 12.30 to me by the Chief Industrial Commissioner and Station Creek 12.30 in pursuance of the powers contained in section Knungagin 10.60 92 of the Industrial Arbitration Act, 1912-1966 and Kondinin 10.60 all other powers therein enabling me, do hereby Meckering 10.60 order and declare:— Nallan 10.60 That the Engine Drivers (Superphosphate) Narembeen 10.60 Industrial Agreement, No. 10 of 1960, as Ora Banda 10.60 amended, be and the same is hereby further Waddouring 10.60 amended in accordance with the following Menzies 7.90 schedule and that such amendment shall take Second pumpers: effect as from the beginning of the first pay Minnievale .... 9.45 period commencing on or after the date Kellerberrin Booster 8.70 Higginsville 8.40 hereof. Widgiemooltha 8.40 Dated at Perth this 24th day of February, 1967. Wicherina 7.80 IL.S.'l (Sgd) J. R. FLANAGAN, Barbalin 7.55 Commissioner. Coolgardie 7.55 Hamersley Booster 7.55 Nallan 7.55 Schedule. Meekatharra 7.55 Clause 8.—Wages: Delete subclause (b) and in- Norseman 7.55 sert in lieu thereof the following:—■ Station Creek 7.55 (b) Adult Workers (margin per week): $ Waddouring 7.55 (i) Steam or internal combustion Karomin 6.10 engine driver 7.55 Meckering 6.10 (ii) If a steam or internal combustion Narembeen 6.10 engine driver also attends to and (c) (i) Where a pumper-in-charge or second is in charge of an electric genera- pumper is required to attend an electric tor or dynamo, he shall be paid an generator exceeding 10 k.w. capacity additional sum of 46.17 cents per (other than a generator used for merely shift. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

GAS WORKERS. $ (S.E.C. and Fremantle Gas and Coke Ltd.) Gas meter repairer— First twelve months 11.35 Agreement No. 14 of 1982. Thereafter 12.45 BEFORE THE WESTERN AUSTRALIAN Gas meter preparer ...... 6.70 INDUSTRIAL COMMISSION. Holder attendant (Victoria Park distribution) 5.65 No. 237 of 1967. Holder attendant (gas works) .. 4.70 Between the West Australian Gas Works Industrial Labourer— Union of Workers, Applicant, and the State (i) on mains, coal, coke, tar Electricity Commission of Western Australia and handling oxide .... 3.15 and Fremantle Gas and Coke Company (ii) wrecking meters 4.30 Limited, Respondents. (iii) filling and emptying tar containers 4.30 HAVING heard Mr R. L. Jones on behalf of the Man patching, scurfing, clean- applicant and Messrs R. West and H. J. de Burgh ing flues and recharging re- on behalf of the respondents, and by consent, I, torts 8.30 the undersigned, Chief Industrial Commissioner of Man in charge Collie coal The Western Australian Industrial Commission, in screening plant ...... 7.05 pursuance of the powers contained in section 42 Man filling and emptying puri- of the Industrial Arbitration Act, 1912-1966, and fiers 5.70 all other powers therein enabling me, do hereby Mainlayer or caulker 8.85 order and declare— Mainlayer's assistant 4.30 That the Gas Workers' Industrial Agree- Maintenance man 9.55 ment, No. 14 of 1962, as amended, be and the Meter connection maker .... 6.00 same is hereby further amended in accordance Meter opener (including clean- with the following schedule and that such ing, checking, painting and amendment shall take effect as from the be- topping meters) 5.00 ginning of the first pay period commencing Oiler and greaser 5.65 on or after the date hereof. Retort brickwelder 9.55 Retort operator 9.55 Dated at Perth this 3rd day of March, 1967. Stove assembler 5.00 [L.S.] (Sgd) S. F. SCHNAARS, Stove and appliance tester .... 8.85 Commissioner. Syphon pumper and painter .... 5.65 Tar distillation plant attendant 9.55 (b) Fremantle Gas and Coke Com- Schedule. pany Limited^— Clause 21—Special Provisions and Allowances: Catalytic oil gas plant— Delete subclause 21 (c) and insert in lieu thereof the following:— Leading operator 14.40 (c) (i) A leading hand—a worker placed in Assistant operator 9.55 charge of—not less than three and not Complaint man 13.40 more than ten other workers shall be Ganger in charge main gang .. 11.80 paid two dollars and thirty cents per Gas fitter 13.40 week extra; Gas fitter's assistant ...... 4.70 (ii) more than ten and not more than twenty other workers shall be paid four Gas meter tester 12.85 dollars and forty-five cents per week Gas meter repairer—■ extra; First twelve months 11.35 (iii) more than twenty other workers shall Thereafter 12.45 be paid six dollars and sixty-five cents Hammer man (vibratory) .... 5.30 per week extra. Labourer— Clause 24—Wages Schedule: Delete this clause (i) on mains, coal, coke, tar and insert in lieu thereof the following:— and handling oxide .... 3.15 $ (1) Basic wage (per week) (adult males) 33.50 (ii) wrecking meters 4.30 (iii) filling and emptying tar (2) Classification: containers 4.30 (a) State Electricity Commission of Man filling and emptying puri- W.A.— fiers 5.70 Automatic carburetted water gas plant operator 9.55 Mainlayer or caulker 8.85 Automatic carburetted water gas Mainlayer's assistant 4.30 plant assistant 5.00 Syphon pumper and painter .... 5.65 Carburetted water gas plant Tar distillation plant attendant 9.55 operator (Albany) 5.85 (c) Junior workers—male (per cent. Complaint man 13.40 of basic wage)'— % Complaint man (special) .... 14.00 Up to 16 years of age 30 Elevator and conveyorman .... 5.65 Between 16 and 17 years of age 40 Gas fitter 13.40 Between 17 and 18 years of age 65 Gas fitter's assistant 4.70 Between 18 and 19 years of age 80 Gas meter tester 12.85 Between 19 and 21 years of age 95 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

PLASTER WORKERS. Commission, in pursuance of an allocation to me by Agreement No. 2 of 1962. the Chief Industrial Commissioner and in pur- suance of the powers contained in section 92 of the INDUSTRIAL AGREEMENT. Industrial Arbitration Act, 1912-1966, and all other No. 10 of 1967. powers therein enabling me, do hereby order and (Registered 17 March, 1967.) declare— THIS agreement made in pursuance of the Indus- That the Engine Drivers and Firemen (Royal dustrial Arbitration Act, 1912-1966, this fourth Perth Hospital) Industrial Agreement, No. 11 day of March, 1967, between the Operative Plaster- of 1951, as amended, be and the same is hereby ers and Plaster Workers' Federation of Australia further amended in accordance with the follow- (Industrial Union of Workers) Western Australian ing schedule and that such amendment shall Branch, formerly known as the West Australian take effect as from the beginning of the first Fibrous Plasterers' Industrial Union of Workers pay period commencing on or after the date (hereinafter called "the union"), of the one part hereof. and the Colonial Sugar Refining Company Limited (hereinafter referred to as "the company"), of Dated at Perth this 24th day of February, 1967. the other part: Witnesseth that for the considera- (Sgd) J. R. FLANAGAN, tions hereinafter appearing the parties hereto [L.S.] Commissioner mutually covenant and agree the one with the other that the Industrial Agreement No. 2 of Schedule. 1962, entered into by the abovenamed parties on Clause 5—Wages: Delete this clause and insert the 28th day of December, 1961, be and the same in lieu thereof the following:-— is hereby varied in the following manner:— 5.—Wages. 1. By deleting clause 10—Wages and inserting in $ lieu thereof the following:— Basic Wage (per week) 33.50 10.—Wages. Classification and margin per week: The minimum rates of wages payable to workers Firemen 8.40 covered by this Agreement shall be as follows: Greaser and engine room attendant .... 3.75

(a) Basic Wage (per week) SHEET METAL WORKERS. (b) Adult Males (margin per week over (State Engineering Works.) Basic Wage): Plant Operator Agreement No. 32 of 1963. Bagger BEFORE THE WESTERN AUSTRALIAN Washer INDUSTRIAL COMMISSION. Front end loader No. 234 of 1967. Fork lift driver Between the West Australian Plumbers and Sheet Metal Workers' Industrial Union of Workers In witness whereof the parties hereto have here- (Fremantle Branch), Applicant, and Minister unto set their hands and seals the day and year for Works, Respondent. first hereinbefore written. HAVING heard Mr S. Mutton on behalf of the The Common Seal of the applicant and Mr L. H. Pilgrim on behalf of the Operative Plasterers and respondent, and by consent, I, the undersigned. Plaster Workers' Federa- Commissioner of The Western Australian Industrial tion of Australia (Indus- Commission, in pursuance of an allocation to me tidal Union of Workers) by the Chief Industrial Commissioner and in pur- Western Australian suance of the powers contained in section 92 of Branch was hereunto the Industrial Arbitration Act, 1912-1963, and all affixed in the presence other powers therein enabling me do hereby order of— and declare— D. F. S. LOVE, That the Sheet Metal Workers (State [L.S.] President. Engineering Works) Industrial Agreement, No. A. C. LEE, 32 of 1963, as amended, be and the same is Secretary. hereby further amended in accordance with Signed for and on behalf of the following schedule and that such amend- the Colonial Sugar Refin- ment shall take effect as from the beginning ing Company Limited— of the first pay period commencing on or after J. E. MAKINSON, the date hereof. Dated at Perth this 24th day of February, 1967. ENGINE DRIVERS AND FIREMEN. [L.S.] (Sgd) J. R. FLANAGAN, (Royal Perth Hospital.) Commissioner. Agreement No. 11 of 1951. Schedule. BEFORE THE WESTERN AUSTRALIAN Clause 21.—Wages: Delete subclause (2) and in- INDUSTRIAL COMMISSION. sert in lieu thereof the following:^— No. 142 of 1967. (2) Margins (per week): $ Between the Federated Engine Drivers and Fire- Sheet metal worker— men's Union of Workers of Western Australia, 1st class 15.50 Applicant, and Board of Management of the 2nd class 8.40 Royal Perth Hospital, Respondent. Sheet metal welder— HAVING heard Mr D. E. Maguire on behalf of the 1st class 15.50 applicant and Mr G. D. Johnson on behalf of the 2nd class 6.10 respondent, and by consent, I, the undersigned. 3rd class 4.40 Commissioner of The Western Australian Industrial Process Worker 3.75 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 297

STOREMEN. STOREMEN. (State Snipping' Service.) (Government Stores.) Agreement No. 8 of 1966. Agreement No. 4 of 1952. INDUSTRIAL AGREEMENT. INDUSTRIAL AGREEMENT. No. 7 of 1967. No. 8 of 1967. (Registered 13th March, 1967.) (Registered 13th March, 1967.) THIS agreement made in pursuance of the Indus- THIS agreement made in pursuance of the Indus- trial Arbitration Act, 1912-1963 this 10th day of trial Arbitration Act, 1912-1963, this 10th day of March, 1967, between The West Australian Shop March, 1967, between The West Australian Shop Assistants and Warehouse Employees' Industrial Assistants and Warehouse Employees' Industrial Union of Workers, Perth (hereinafter referred to Union of Workers, Perth (hereinafter referred to as "the union") of the one part and The Honour- as "the union") of the one part, and The West- able The Treasurer of the State of Western Aus- ern Australian Coastal Shipping Commission tralia (hereinafter referred to as "the employer") (State Shipping Service) (hereinafter referred to of the other part, whereby it is mutually agreed as as "the employer") of the other part, witnesseth as follows: Whereas the parties hereto being the follows: Whereas the parties hereto being the parties to an Industrial Agreement registered on parties to the Industrial Agreement made on the the 9th day of April, 1952 and numbered 4 of 1952 6th day of May, 1966, and numbered 8 of 1966, and subsequently amended have mutually agreed have mutually agreed that the said Industrial- that the said Industrial Agreement be varied, then Agreement be varied, now the said Industrial the said Industrial Agrement shall be and the same Agreement shall be and the same is hereby varied is hereby varied in the following manner, that is in the manner following, that is to say:— to say— Clause 14.—Rate of Pay. Delete this clause and Clause 9—Wages: Delete subclauses (1) and (2) insert in lieu thereof the following:— of this clause and insert in lieu thereof the follow- ing:— 14.—Rates of Pay. 9.—Wages. The minimum rates of wages and margins pay- The minimum rate of wages and margins pay- able shall be as under:— able shall be as under:—■ $ (1) Basic Wage (per week): $ (1) Basic Wage (per week): 33.50 Adult males 33.50 (2) Margins (per week): Adult Females 25.13 Head storeman 8.75 Assistant storeman and despatch (2) Margins (per week): hand 7.40 (a) Storeman-in-charge 13.30 (b) Head Storeman— Other despatch hands and packers 7.40 (i) In charge of less than three Workers required to drive fork lift other workers 8.75 trucks shall be paid 3.5 cents an (ii) In charge of three or more hour extra for the actual period workers but less than ten they are so employed. other workers 9.85 (3) Casual workers whilst so engaged shall be (iii) In charge of ten or more paid at the rate of 15% in addition to the workers 12.40 rates prescribed herein. (c) Storeman working singly ...... 7.90 (d) Storemen, despatch hand or packer 7.40 (e) Adult females 5.45 In witness whereof the parties have hereunto (3) Junior male storemen, despatch hands set their hands and seal the day and year here- or packers (per cent of male basic inbefore written. wage per week): % For and on behalf of The 14 to 15 years of age .... 30 Western Australian Coastal 15 to 16 years of age 40 Shipping Commission (State 16 to 17 years of age 50 Shipping Service)— 17 to 18 years of age 60 Witness—A. B. Aberle. 18 to 19 years of age 70 19 to 20 years of age 90 F. N. JONES, 20 to 21 years of age 100 Signed by and on behalf of (4) Junior Females (per cent of female the West Australian Shop basic wage per week): Assistants and Warehouse 15 to 16 years of age .... 45 Employees' Industrial 16 to 17 years of age 55 Union of Workers, Perth— 17 to 18 years of age ...... 60 Witness—R. E. Archer. 18 to 19 years of age 70 J. J. SCOTT. 19 to 20 years of age 85 President. 20 to 21 years of age 90 J. E. TRY, (5) Whilst so engaged, casual hands shall be Secretary. paid at the rate of 15 per cent in addition [L.S.] to the rates prescribed herein. (9)—34015 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

In witness whereof the parties hereunto set their in a servant which will not justify the deter- hands and seals the day and year as hereinbefore mination of the contract of service by one of written. the parties to it against the will of the other. Signed by the said Honourable On the other hand, misconduct inconsistent the Treasurer— DAVID BRAND. with the fulfilment of the express or implied Witness— P. N. Thornber. conditions of service will justify dismissal . . . Signed by and on behalf This was misconduct on the part of the witness of the West Australian for which he was rightly summarily dismissed by Shop Assistants and Ware- his employer. house Employees' Industrial The complaint is dismissed. Union of Workers, Perth— J. J. SCOTT, President. J. E. TRY, Secretary. Complaint No. 361 of 1966. Witness— R. E. Archer. Between Australasian Society of Engineers' In- dustrial Union of Workers, Perth, W.A., com- plainant, and State Electricity Commission of Western Australia, defendant. Charge: Breach of Award Nod. 36, 37 and 38 of COMPLA1NTS- 1961—On 1st April, 1966, at Picton, failing to pay the allowance prescribed in clause 18, Before Industrial Magistrates- Overtime, subelause 8a for overtime performed. Complaint No. 3 of 1967. Mr M. A. Jahn of Counsel for Complainant. Mr R. West of Counsel for Defendant. Between West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Before T. Ansell, Esq., Industrial Magistrate. Union of Workers, Perth, complainant, and The 13th day of March, 1967. West Australian Meat Export Works, defend- ant. Reserved Decision. I am satisfied beyond reasonable doubt that the Charge: Breach of Award No. 48 of 1955 on 10th employee is entitled to be paid one dollar as November, 1966, at South Fremantle, failing claimed in the circumstances of this case. The to pay a week's pay in lieu of notice, worker was not paid and was entitled to be paid. Mr D. J. Beaton for complainant. The charge is proved. Mr E. Boylan for defendant. (For opinion on Question of Interpretation see Before T. Ansell, Esq., Industrial Magistrate. Vol. 46 p. 1305.) The 31st day of March, 1967. Reserved Decision. THE complainant union claims on behalf of Complaints Nos. 423, 424, 425 and 426 of 1966. worker Barnes a week's pay in lieu of notice amounting to $25.12 as required by clause 14 (1) Between Hospital Salaried Officers Association of of Award No. 48 of 1955 as amended and consoli- Western Australia (Union of Workers), com- dated. plainant, and Board of Management, Royal The witness Barnes was employed as a labourer Perth Hospital; Board of Management, Fre- by the defendant. He received a week's notice on mantle Hospital; Board of Management, King 2/11/66 of termination of employment. Edward Memorial Hospital for Women; Board The evidence is at the request of the witness of Management, Princess Margaret Hospital a fellow employee brought to the works a con- for Children, defendants. tainer of silver nitrate which he recommended as Charge: Breach of Award No. 36 of 1960 on 29th a substance for removing a tattoo mark. In the November, 1966, at Perth and Fremantle, fail- lunch hour the chemical substance was applied ing to adjust the rates of pay of laboratory and took effect and substantially the back of his technologists. right hand and finger tips turned black. Mr J. Toohey of Counsel for complainant. The witness was not fit to work in the boning Mr K. H. Parker of Counsel for defendants. room. The foreman summarily dismissed the worker. The worker claims he was willing to work. Before T. Ansell, Esq., Industrial Magistrate. The witness deliberately applied the substance Reserved Decision. to his hand to remove a tattoo mark. The tattoo The 13th day of March, 1967. mark was made on the skin on the back of the THE complainant alleges a short payment of hand and silver nitrate was applied to remove the wages on the part of the employer to laboratory mark. But the witness did not consider what effect technologists to the extent that each receives this would have on his hand. salary for the pay period ending 29th Novem- The chemical substance was applied without ber, 1966, less than that received by workers thought for the use of his hands as an employee. performing the same duties in the Public Service. Quoting from the case of Clouston & Co. Ltd, v. The evidence does not satisfy me beyond reason- Corry (1906) A. C. pages 122, 129— able doubt that any technologist employed by the There is no fixed rule of law defining the defendants was underpaid compared with his degree of misconduct which will justify dis- counterpart in the Public Service. missal. Of course there may be misconduct The Complaint is dismissed. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 299

Ferrara had been paid at the rate of time COMPLAINTS—Case Stated- and a half for the overtime worked, the Com- OPINION OF COMMISSION IN COURT SESSION mission adopting a long standing practice of ON QUESTION OF INTERPRETATION OF calculating a day from the normal commencing AN AWARD (SECTION 99 (5) (A) ). hour of 7.30 a.m. On this basis the overtime was regarded as having been worked on the RAILWAY EMPLOYEES. 21st and 22nd of October and the penalty Award No. 3 of 1961. rate applicable was time and half for each period. BEFORE THE WESTERN AUSTRALIAN For the union it was contended that the word INDUSTRIAL COMMISSION. "day" as used in clause 40 (2) (a) of the award ought to be given its primary meaning No. 193 of 1967. of the period from one midnight to the next In the matter of the Industrial Arbitration Act, and that Ferrara was therefore entitled to 1912-1966, and in the matter of a reference to double time for overtime worked in excess of the Commission in Court Session for its opinion four hours on the 22nd of October. by the Industrial Magistrate at Perth of a case For the Commission it was submitted that in writing arising out of Complaint No. 427 the present method of payment was not new, of 1966, wherein the West Australian Amal- and had in fact been operating since 1934. gamated Society of Railway Employees' Union Further, no previous complaint had been made of Workers is named as the complainant and by the union, although copies of timekeeping the Western Australian Government Railways instructions issued were supplied to them. Commission is named as the defendant. Under these circumstances it was submitted Before the Commission in Court Session. that such a practice or custom over an ex- Chief Industrial Commissioner S. F. Schnaars, tended period of time should have an effect Esq., and Mr Commissioners D. E. Cort and on the interpretation of an award in which the J. R. Flanagan. term "day" was not defined. The 17th day of March, 1967. In Halsbury's Laws of England, Third Edition, Volume 37, Page 84, the following note Mr S. Harbord on behalf of the complainant. appears— Mr J. Lund on behalf of the respondent. The term "day" is, like the terms "year" and "month", used in more senses than JvAgment. one. A day is strictly the period of time MR COMMISSIONER SCHNAARS: I have had the which begins with one midnight and ends opportunity of reading the decision of Mr Commis- with the next. It may also denote any sioner Cort and do not desire to add anything period of 24 hours and again it may denote further other than to say that I agree with his the period between sunrise and sunset. reasoning and conclusion. In determining the meaning which should be MR COMMISSIONER CORT: In this matter the given to the word "day" in clause 40 of the Rail- Industrial Magistrate, sitting at Wyalkatchem, has way Employees' Award, consideration must be stated a case for the opinion of the Commission given to the context in which, and the back- in Court Session pursuant to subsection (5) of ground against which it is used. In the first section 99 of the Industrial Arbitration Act, 1912- place, in the matter of an application by the 1966. The following question was submitted to the Electrical Trades Union for an interpretation of Commission for its consideration:'— clause 16, Overtime, of the Metal Trades Award No. 5 of 1951, a question, similar to the one now Does the word "day" in clause 40 (2) (a) of before the Commission, was dealt with by the the Railway Employees' Award bear its primary then Conciliation Commissioner. He held, that meaning of the period from midnight to mid- for the purposes of the clause, a day was not a night, or, having regard to apparent usage, period of time which began with one midnight should it be regarded as meaning the period and ended with the next. (32 W.A.I.G. 496). The between 7.30 a.m. on one day and 7.30 a.m. relevant subclause, the subject of that interpre- on the next day? tation, was as follows— Clause 40 (2) (a) of the Railway Employees' For all work done beyond the hours of duty Award No. 3 of 1961, as amended, provides— on any week day, other than a holiday, pay- (a) (i) All time worked in excess of or out- ment shall be at the rate of time and a half side of the usual working hours in any one for the first four hours and double time day shall be paid at the rate of time and a thereafter. half for the first four hours and thereafter and it will be noted that the wording is similar double time; provided . . . to that in the subclause now before this Commis- (ii) . . . sion. An appeal against that decision was dis- The case stated was as follows— missed by the Court of Arbitration (Jackson, J. On the 21st December last in the Industrial presiding) (33 W.A.I.G. 79). An extract from the Court at Wyalkatchem, the abovenamed union decision of the Commissioner is relevant to these charged the Railways Commission with a proceedings and is set out below:— breach of the Railway Employees Award in The applicant now contends that it has been that they refused to pay a ganger, C. Ferrara, the custom to pay double time for such work double rates for overtime worked in excess of after midnight and the respondents claim that four hours on the 22nd of October, 1965. it has been the custom to only pay time and The facts of the case, which were not in a half for the first four hours of such work. dispute, were that Ferrara had been required If there is any custom in respect to this to work from 5 a.m. to 6.30 p.m. on the 22nd matter then such custom has not been clearly of October, being 4f hours overtime above the established before me in this case. The only normal daily hours from 7.30 a.m. to 4.15 p.m. facts that can be definitely stated are that 300 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

there are certain instances where employers Furthermore—■ have paid in accordance with the payment . . . when the parties . . ., agreed to the made to the worker involved in this particu- insertion in the current award of a clause in lar case. words identical with those in which the similar provision in previous awards had been I do not agree, however, that the use of expressed, they could not have intended the the words "on any week day" has been in- clause to operate in a manner differing from cluded in this clause for the purpose of strictly that in which it had previously operated over limiting the application of the overtime provi- such a long period. (Nevile, J., 41 W.A.r.G. sion to daily periods from midnight one day 990 at p. 993.) to midnight the next. The use of these words, in my opinion, is for the purposes of dis- Finally, a reference should be made to two cases tinguishing from overtime rates that are in which the established custom governed the sometimes paid on a weekly basis and also interpretation of an award. to clearly distinguish the difference in rates be- The first is a case where, for over thirty-three tween week days, Sundays and holidays, years, certain tools had been supplied under an and, on appeal, Jackson, J. said— award provision and it was held that, although at The argument for the appellant was that first glance the particular clause required other the words "week day" in clause 16 (a) meant tools to be supplied, the employer need only supply a calendar day from midnight to midnight. the same tools as in the past. (38 W.A.I.G. 729.) It is no doubt true that this is a common and The second, by coincidence, involved an interpre- perhaps the normal significance of the word tation of the word "day" in a clause which, in "day" but that construction must always be certain circumstances, permitted an employer to subject to the context. Here . . . "deduct payment for any day the worker cannot Next, insofar as the question raised before us be usefully employed." In that case it was shown is concerned, the wording of the overtime clause, that the parties to the award had construed the applicable to gangers, has, to all intents and pur- provision to mean that a deduction could be made poses, remained unaltered since at least 1928 in for part of a day and the decision was "that this new awards issued in 1938, 1950, 1957 and 1961. clause shall bear the construction hitherto placed The employer claims that the "time keeping in- upon it, namely that the word 'day' means and structions", which were issued in 1934, 1940, 1954 includes a portion of a day . . ." and 1959, and which set out the method of paying In amplification of that decision, and in view overtime, established a practice or custom which of the facts in this case, it is as well to repeat should cause the award to be interpreted in ac- certain of the remarks then passed by Dwyer, J.— cordance with the directions contained in those instructions. Copies of those instructions had We, therefore, have this position, that the been supplied to the union. Actually, prior to the parties themselves have mutually agreed to issuance of the 1934 instruction, the employer place a certain construction upon the clause regarded a day as being a period which ran from in question. We next find the parties in the midnight to midnight but in that year, after an West Australian Court of Arbitration with the approach from the union, it was agreed that when clause worded as hitherto as part of an appli- a worker was in receipt of penalty rates at mid- cation for adjustment of conditions. There is night, overtime penalty rates should continue up no dispute about this clause. There is no alter- to the usual starting time (i.e. 7.30 a.m.). ation asked for in it. There is no discussion upon it. It must be concluded, therefore, that Ordinarily, and subject to what is to follow, an both parties agreed that so far as this par- award should be interpreted according to the ticular matter is concerned it should remain language used and if a custom or practice is as heretofore. If there was any intention to clearly inconsistent with the provisions of an alter the construction hitherto placed upon it, award, it would have to be disregarded. In this it was the duty of Mr. McKenzie, as advocate case, and leaving aside the interpretation pre- for the Union, to have mentioned it. There is, viously mentioned, the language used does not re- it seems to me, a representation by the parties veal an inconsistency with the practice followed to the Court, when they approach it in these for some years, and in this circumstance that circumstances with a clause to which there is practice may be taken into account to ascertain no discussion and which has been construed for the true interpretation of the award. In a case years in a certain way, that the former method in 1956, Nevile, J., in discussing the weight to be of interpretation and construction should given to an agreement entered into between the remain. If any other view were taken, it would parties after an award had been delivered, said:— be possible for the employers in a case such . . . Any evidence as to the interpretation of as the present to say to the Court—"If such an the clause by subsequent agreement between alteration in the construction of this clause the parties to the award is inadmissible and were ever intended, we should have been should be rejected. notified, in which case we would have an Different considerations arise when an opportunity of placing before the Court facts award includes words which are identical with and circumstances to justify the previous and used in a similar context to words in interpretation placed by both parties upon earlier awards, which at the time the later the clause." (15 W.A.G.I. 105.) award is delivered, have already by usage or agreement been given a certain meaning. The In my opinion, the wording of paragraph (a) of Court delivering the later award is then subclause (2) of clause 40, Overtime, Saturday assumed to have used the words in the then and Sunday Time, is capable of a construction accepted sense and evidence of usage or prac- consistent with the practice agreed between the tice prior to the delivery of the award is thus parties in 1934 and followed since that date, and admissible to aid in the interpretation of any for that reason it should be so construed. ambiguous words. (36 W.A.I.G. 212 at p. 214.) MR COMMISSIONER FLANAGAN: I also agree. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 301

MR COMMISSIONER SCHNAARS: An Order mutton chain on the 3rd January, 1967, the will now issue remitting the case and our opinion workers would be paid for waiting time caused by thereon to the Industrial Magistrate, for the pur- a breakdown thereof during the "running in pose of giving effect to that opinion. period." Order accordingly. After hearing submissions from both parties, the Commissioner stated that any entitlement to pay- ment really rested on the terms of the agreement BEFORE THE WESTERN AUSTRALIAN and the length of the running in period and that INDUSTRIAL COMMISSION. in any event one of the parties could not termi- No. 193 of 1967. nate the agreement without giving due notice of In the matter of the Industrial Arbitration Act, that intention. 1912-1966, and in the matter of a reference The Commissioner suggested that, in view of the to the Commission in Court Session for its foregoing, Management should further consider opinion by the Industrial Magistrate at Wyal- whether payment should be made for the 23rd katchem of a case in writing arising out of February, 1967 under the agreement and if the complaint numbered 427 of 1966, wherein the union was still dissatisfied with the approach of West Australian Amalgamated Society of Management, then the conference could be re- Railway Employees Union of Workers is sumed. ! | vi named as the complainant and the Western The Commissioner was subsequently advised that Australian Government Railways Commission the dispute was settled. is named as the defendant. WHEREAS at the hearing at Wyalkatchem of the abovementioned complaint, the Industrial Magis- trate advised the representatives of the parties MEAT INDUSTRY EMPLOYEES' UNION concerned that it appeared that a question of AND W.A. MEAT EXPORT WORKS. interpretation of the Railway Employees Award, No. 3 of 1961, as amended and consolidated, had No. 273 of 1967. arisen and whereas the said Industrial Magistrate, (Re Dismissal of Union Delegate at Robbs Jetty.) in accordance with the provisions of paragraph ON receipt of a request from the Meat Industry (a) of subsection (5) of section 99 of the said Act, Employees' Union, a compulsory conference was has stated a case in writing for the opinion of the convened before Mr Commissioner D. E. Cort on the Commission in Court Session on the following 10th March, 1967, in connection with the dis- question:— missal of "T", a union delegate, by the W.A. Meat Does the word "day" in clause 40 (2) (a) Export Works. On that day the proceedings were of the Railway Employees Award bear its adjourned to the 14th March so that evidence primary meaning of the period from midnight could be taken. On the 16th March, the parties to midnight or, having regard to apparent were called before the Commissioner regarding usage, should it be regarded as meaning the discrepencies in that evidence and, in order to period between 7.30 a.m. on one day and gain an appreciation of some of the evidence, the 7.30 a.m. on the next day? Works were inspected at 4.45 a.m. on the 20th Now, therefore, the Commission in Court Ses- March. sion, having heard Mr S. Harbord on behalf of the "T" had been employed for thirteen years by complainant and Mr J. Lund on behalf of the W.A. Meat Export Works at Robbs Jetty and had defendant and having given its opinion on the been a union delegate for ten of those years. At question referred to it, doth hereby remit the the time of his dismissal he was a leading hand of case with its opinion thereon to the Industrial a gang in the cold storage section of the Works. Magistrate in order that he shall give effect to On Friday the 10th March, he was given notice of that opinion. dismissal and Management, when questioned, gave Dated at Perth this 17th day of March, 1967. the reason for the dismissal as unsatisfactory By the Commission in Court Session, service. Subsequently the union was advised that the dismissal followed on from the attempted [L.S.3 (Sgd) S. F. SCHNAARS, theft of a carton of meat on the previous Sun- day. Three other workers, members of the leading hand's gang, were also dismissed but no dispute has arisen from those dismissals. The union asked that a recommendation be made to the employer that COMPULSORY CONFERENCES- "T" be re-employed. On the 20th March the Commissioner declined MEAT INDUSTRY EMPLOYEES' UNION to make the recommendation sought and advised as AND W.A. MEAT EXPORT WORKS. ' follows— No. 256 of 1967. For some time, and particularly since Christmas, (Re Payment of Waiting Time Due to Breakdown there has been a number of articles taken from of Machinery During "running in" Period.) the Works and it was said that these articles dis- appeared generally at about the same time when A compulsory conference was held before Mr "T's" gang was at work. At or about 11 p.m. on Commissioner D. E. Cort on Wednesday the 1st Saturday, 4th March, the members of the gang of March, 1967. eight, including the leading hand, commenced The conference was requested by the union in work loading out mutton and finished about 4.40 connection with "the payment of Waiting time a.m. the following morning. During the shift, a due to a breakdown of the employer's machinery Mr Wenn, the senior leading hand, felt "suspicious" on the 23rd February, 1967". An agreement had and on investigation found a carton of meat out- been reached between the employer and his side the fence alongside the railway line towards workers that, following the installation of a new the south end of the Works. He removed the carton. 302 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

When the gang "knocked off", Mr Wenn stationed the "difference" in the evidence referred to earlier, himself at the south end of the Works and saw certain evidence from the members of the gang the outline of two vehicles parked in a nearby was most unsatisfactory. It contained obvious road. He noticed two men walking from, the direc- discrepancies and appeared to be concerned with tion of those vehicles along and outside the fence covering up what happened on the Sunday morn- towards the place where he had picked up the ing and at least some of that evidence was not cax-ton of meat but was unable to identify them in truthful. the darkness. Then another car, known to be Be that as it may, the evidence did not indi- driven by a member of the gang, drove down the cate that "T" had been dismissed by reason of his same road and in parking near the other vehicles union activities. In fact it revealed that, if any- the headlights of this car were turned on. Mr thing, the employer had been somewhat tolerant Wenn's attention was distracted from the two men with him as an employee. Some friction did who continued walking but in the car's lights Mr. exist between Wenn and "T" as it had between Wenn said he recognised the parked vehicles. One "T" and other senior leading hands but Wenn's was said to belong to "T" and the other to another whole story of the events on the Sunday was such, member of the gang who was also dismissed. involving as it did at least one other worker, that In evidence, that other member of the gang said it seems most improbable that it was maliciously his vehicle was not on that particular road; "T" constructed. In December 1966, shortly after also denied being there; one other member of the Wenn's appointment, "T" challenged Wenn to gang said he followed "T" home and another said fight and threatened to knock him down although he saw "T" turning north (i.e. away from the strangely, "T" denied this but the evidence and direction of the particular road) when the gang demeanour of Wenn was the more convincing and was proceeding home. over all there was no indication of a personal "feud". One other portion of "T's" evidence also The C.I.B. were called in to investigate the needs to be mentioned namley the answers to attempted theft but laid no charges and the union questions relating to his knowledge of the where- submitted Management had no evidence on which abouts of the gang on the Sunday morning. This to implicate "T" in any way in that attempted evidence gave the impression that "T" had been theft. Attention was drawn to a previous compul- endeavouring at all cost to remove any suspicions sory conference called on the dismissal of another from his gang in relation to the attempted theft. union delegate from the Works at which it was said that Management should have good grounds The following matters assume some significance. for such a dismissal (46 W.A.I.G. 1179). However, First, arising from events on the Sunday, the in this respect a union delegate does not enjoy any Management considered it had cause to dismiss special privileges and the following extract from a three other men in addition to "T". Secondly, unanimous decision of the Commission in Court the evidence and the demeanour of the witnesses Session in New South Wales—Richards, Beattie and indicated that the members of the gang were Kelleher, J. J.—in 1961, is relevant:— "covering up" for one or more persons. Thirdly, Any case that comes before an industiial the inspection revealed that in the light from a tribunal involving the dismissal of a union car's headlights it would have been possible for delegate requires anxious consideration by the Wenn to recognise vehicles parked in the road at tribunal with a view to ensuring that no man the south end of the Works. Fourthly, Wenn be unjustly penalised for his participation in could easily have seen the two figures walking legitimate activity as a representative of his along the fence and, in the circumstances, it union. It is basic to our system that employees seems more than probable that those two persons should be organised in industrial unions and were members of the gang. Next, evidence from it is through such unions that approach must the gang was directed to show that "T's" car be made to the tribunals set up. Men who are was not on that road and finally, the three willing to play a part in the affairs of an members of the gang known to have been on the industrial union are entitled to expect that road at about 4.50 a.m. did not or "could not" they will not be prejudiced in their employ- identify either of the parked vehicles. ment because of any legitimate action they The principles to be followed in a matter re- take in any union office they assume. Indeed, lating to the re-instatement of employees need it is an offence under s. 95 of the Industrial to be considered and in this respect assistance Arbitration Act for an employer to dismiss an can be gained from decisions of the New South employee or injure him in his employment or Wales Industrial Commission which, in the exer- alter his position to his prejudice by reason of cise of its jurisdiction, has often dealt with such the fact that the employee is an officer, dele- matters. Extracts from several of those decisions gate or member of a trade or industrial union. are set out herein and should be noted and in But, while this Commission will be vigilant to particular those which discuss the onus which is protect the position of any delegate unjustly placed on the parties in that type of proceedings— dealt with by an employer for legitimate But in dealing with the right of an employer activity on behalf of his union, it certainly to dismiss or retain an employee the Com- will not regard delegateship as a magic cloak mission exerts a jurisdiction in the exercise of conferring on the wearer immunity from which it is not for the Commission simply to liability for wrongful actions. (60 N.S.W.A.R. substitute its own opinion for that of the 48 at p. 66.) employer in the selection or retention of his The evidence given on Tuesday, 14th March, employee; an application for reinstatement is 1967, must be mentioned and in that respect it not an appeal from the action of the employ- should be remembered that "T" was not only the er; .. . In relation to a claim for reinstate- union delegate but the leading hand and as such ment in employment one such principle is was responsible to his employer for his gang. That that it is the right of an employer to choose evidence was given by the manager of the cold his own employees and the mere fact that storage department at the works, the foreman of the Commission might disagree as to the wis- that department and Mr Wenn and by the eight dom or propriety of any particular dismissal members of the gang including "T". Leaving aside is not in itself sufficient to justify interven- 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 303

tion on the part of the Commission; another, maker and that he would not in any circum- though it is much the same thing, is the prin- stances recommend him to another employer. ciple already mentioned herein that the Com- The manager had also refused to pay the mission will not simply substitute its own union steward for three hours taken up by his opinion for that of the employer concerned; first conference as a union delegate. The still another principle is that the Commission policy of the project manager had been wrong will intervene only if satisfied that interven- and had had an important influence in lead- tion is necessary to protect an employee ing up to a stoppage of work by men on the against an unjust or an unfair exercise of the project on 24th May. The remarks referred employer's right of dismissal or, to express to had been made while the stoppage was in the same concept in different words, will in- progress, and since the hearing an undertaking tervene only where the Commission is satis- had been given by the manager that he would fled that the employer's action was harsh or do nothing to disadvantage the worker's pros- unjust, or is satisfied that the employer has pects of employment. (Volume VIH, No. 197.) abused his right to dismiss his employee. The grounds on which the appellant's case Having regard to the undoubted right of an had been advanced were that any acts before employer to dismiss or retain an employee in 1/4/66 amounting to a breach of contract his employment, subject to the provisions of must be taken to have been waived and were an award, cleai-ly if the principles we have not then available to the employer as a just mentioned are to be accepted as principles ground for dismissal; the last incident could proper to be applied when a dismissed em- not amount to a breach of contract, and, ployee seeks at the hands of the Commission alternatively, the test was whether the conduct an order for reinstatement, in truth in the of the employee evinced an intention to repu- sense we have indicated, an exceptional case diate the essential terms of the contract of of exercise of the right of dismissal by an service. employer must be established to the satisfac- In a case . . . his Honour had discussed the tion of the Commission to justify intervention. meaning of "misconduct", holding that the And in our view it is not an overstatement to word as used in this context in awards has say that a strong case must be established to the meaning ascribed to it in the cases dealing justify intervention by the Commission. (53 with wrongful dismissal under ordinary con- N.S.W.A.R. 573 at p. 579.) , tracts of employment; the question whether and in that decision an extract from a decision there has been misconduct generally depends of Kinsella, J. (reported 1947 N.S.W.A.R. 565 at on whether the act complained of can be re- p. 566) was quoted— garded as deliberate or wilful, or of such a There is no doubt as to the jurisdiction of nature as to strike at an essential element in the Commission to order the re-instatement the contract of service. However, these prin- of Mr Barrett if it be established on his be- ciples have no application where the employer half that it is right and just in all the circum- has dismissed the employee by giving the stances to do so. But the onus is on the notice of termination required by the award. applicant to establish that intervention is Here, there was no summary dismissal for warranted. . . . misconduct. There was no onus on the em- ployer to show that the conduct struck at the The following summaries of decisions of the essential terms of the contract. Moreover, in New South Wales Industrial Commission have been such cases the legal doctrine of waiver does taken from the Australian Industrial Law not enter into consideration. (Volume IX No. Review— 20). . . . His Honour said that the union had to With the foregoing decisions in mind it is noted establish that on the facts the dismissal was that "T" was not dismissed for misconduct but an unjust or unfair exercise of the employer's that he was dismissed under subclause (1) of right of dismissal, that the company's action clause 14, Contract of Service, of the Meat Export was a harsh and unjust way of dealing with Award No. 48 of 1955. In addition, it was not A. Though the court had accepted that A. shown by the union that "T" had been victimised was innocent of any criminal responsibility for his union activities or for any other reason the question still arose as to whether the com- which should cause any recommendation to be pany was justified in dismissing him for mis- made which could interfere with the employer's conduct in that he was involved in some right to dismiss a worker. wrongful dealing with the company's property. He concluded that in all the circumstances (Re stoppage of work—see Order made under the company was justified in regarding the Section 137 at page 305.) actions of A. as misconduct justifying dis- missal. (Volume VIII, No. 56.) Despite criticisms of the company's policy, the Conciliation Commissioner could find no BOARDS OF REFERENCE- circumstance justifying re-instatement of a Decisions of- job steward dismissed from employment . . . VEHICLE BUILDERS. In an application for re-instatement the onus lies upon the injured employee's repre- Award No. 8 of 1955. sentatives to show that, at the time the de- (Re Application by Westerberg Panel Beaters to be cision to terminate was made, there was Classed as an "Approved Shop".) evidence of undue harshness, discrimination or other unfair attitudes on the part of those In the matter of Award No. 8 of 1955, and in the making the decision. . . . On the point of matter of a Board of Reference thereunder. victimisation the union relied entirely on Decision. statements made by the project manager that 1. The application herein is on behalf of Wester- Ingall had been a nuisance and a trouble- berg Panel Beaters of Vine Street, Albany, for 304 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967. classification as an "approved shop" pursuant to From that order an appeal was taken before the above award for the purpose of employing the Western Australian Industrial Appeal Court. apprentices to each Branch of the Vehicle Building- The appeal was allowed, and the matter remitted Trade in the proportion of one apprentice to each to the Commission in Court Session with the journeyman employed. direction (45 W.A.I.G. p. 530)— 2. Mr R. L. Jones, Secretary of the Vehicle that the respondent is not entitled to be Builders' Union, advised that the union raised no heard as an objector unless it has satisfied objection to the application. the Commission that it employs, or usually employs, or is likely to employ members of the 3. The Board therefore approves in the terms of applicant society as workers within the defini- the application. tion of that word in section 6 of the Industrial Dated at Perth this 3rd day of April, 1967. Arbitration Act, 1912-1963. R. R. ELLIS, The matter again came before the Commission Chairman. in Court Session on the 28th July, 1965, when the Totalisator Agency Board withdrew from the proceedings following the comment of Mr. Chappell (transcript p. 37) that— The Board now still maintains that members of the applicant society are not workers, and that means that we are no longer entitled to be heard. REFERENCES OF INDUSTRIAL After hearing further submissions from Mr. Toohey of counsel for the applicants the Com- DISPUTE- mission then issued an order directing the Registrar to register the society, subject to certain require- Objection to Adjournment— ments (45 W.A.I.G. p. 573). In so doing, the Commission indicated that having regard to the THE COMMISSION AGENTS UNION OF WORK- limited information available it was not prepared ERS OF WESTERN AUSTRALIA AND THE to declare as an established fact that members of TOTALISATOR AGENCY BOARD. the society were workers within the meaning of BEFORE THE WESTERN AUSTRALIAN the Act, but proceeded on the customary basis INDUSTRIAL COMMISSION. of directing registration on the prima facie evi- dence as disclosed by the documents filed by the No. 34 of 1966. applicant society. Between the Commission Agents Union of Workers The Registrar then registered the society as an of Western Australia, Applicant, and the industrial union on the 20th August, 1965 (45 Totalisator Agency Board, Respondent. W.A.I.G. p. 651). Before Chief Industrial Commissioner The union later filed a reference of industrial S. F. Schnaars, Esq. dispute to which the respondent filed answers The 31st day of March, 1967. objecting to an award being made. One of those preliminary objections was heard and dismissed Decision—Re Adjournment. on the 15th March, 1967 (47 W.A.I.G. p. 159). THE COMMISSIONER: In this matter the Total- On the 23rd March, 1967, the Totalisator Board isator Agency Board, as the respondent to refer- filed the aforementioned application for cancella- ence of industrial dispute No. 34 of 1966, has, tion of registration. during today's proceedings, sought an adjourn- The remaining preliminary objection to an award ment on the ground that application No. 292 of being made came before the Commission today, 1967 should be determined prior to further pro- and the Totalisator Agency Board has now sought ceedings relating to the reference. In that appli- an adjournment on the basis that application No. cation the Totalisator Agency Board has sought, 292 of 1967 should be dealt with first. Mr. Toohey, pursuant to section 29(2) of the Act, the can- on behalf of the applicant to the reference of cellation of registration of the Commission Agents industrial dispute, has opposed an adjournment Union of Workers of Western Australia. on the ground that the reference of industrial For the purpose of the record I consider it dispute, or the points still to be dealt with in appropriate to review, briefly, the various develop- relation to the reference of industrial dispute, will ments which have involved the parties up to this determine the major preliminary issue between the stage. In the original application for registration parties—that is, whether the persons sought to be the Totalisator Agency Board objected to registra- covered by the reference are workers within the tion of the society on the ground— meaning of the Act. However, Mr Chappell has made it clear that that the members of the applicant society are irrespective of any finding on that preliminary not workers within the meaning of the Indus- point his principals would still proceed with the trial Arbitration Act, 1912-1963. application of de-registration on the ground that The applicant then objected to the objector be- registration was not effected in conformity with ing heard on the ground that the nature of the the Act. filed objection indicated that the Board had no I feel it would be wrong to proceed with hearing standing as an objector within the meaning of and determining a reference of industrial dispute section 11(4) of the Act. The Commission ruled (and the preliminary point is only one part of that (45 W.A.I.G. p. 233) — reference of industrial dispute) while an applica- that the Totalisator Agency Board is entitled tion seeking de-registration of the union is pend- to appear and be heard as an objector to the ing. If the application for de-registration is said application on the grounds as stated in granted, then the reference of industrial dispute its notice of objection. may be invalid. 19 April, 1967.] 305

The Commission has the power under section 71 TAKE notice that non-compliance with this Order to adjourn the proceedings and notwithstanding will render any person in default liable for punish- the fact that application No. 292 of 1967 has been ment for an offence under the Industrial Arbitra- filed later than the reference of industrial dispute, tion Act, 1912-1966; and take further notice that I consider there is sufficient reason within the any party or person affected by this Order may meaning of section 70(2) (b) to now adjourn this move the Commission in Court Session on twenty- hearing until such time as the de-registration four hours' notice to the applicant to vary, suspend application has been determined. or cancel the Order and take further notice that The application for an adjournment is therefore it is hereby directed that a copy of this Order granted and the reference of industrial dispute together with a copy of the application and the now before me is adjourned sine die. A request Statutory Declarations in support thereof be for a date for the hearing to be continued can served by the applicant on the abovenamed re- be made if the outcome of the other proceedings spondents. is favourable to such a request. Order accordingly. Schedule. DISPUTES- Hollands, Ronald Keith; 56 Lamond Street, Alfred Cove. (Aiso under Section 137) Smith, Ronald Edwin; 7 Oswald Street, Coolbellup. MEAT INDUSTRY EMPLOYEES UNION AND Roberts, Norman; 33 Oakover Street, East Fre- VARIOUS WORKERS AND HON. MINISTER mantle. FOR AGRICULTURE. Wirth, Albert Edward; 34 Walker Street, South (Re Stoppage of Work at W.A. Meat Export Works, Fremantle, Robbs Jetty.) Brosnan, John Patrick; 18 Chester Street, South BEFORE THE WESTERN AUSTRALIAN Fremantle. INDUSTRIAL COMMISSION. Alpine, John; 13 Links Road, Applecross. No. 294 of 1967. Baker, Norman Melvey; 194 Clontarf Road, Hamil- Between the Hon. Minister for Agriculture, Appli- ton Hill. cant, and West Australian Branch Australasian Bourke, Terence; 82 Langler Street, Victoria Park. Meat Industry Employees' Union, Industrial Connell, Leonard Owen; 406 South Terrace, Fre- Union of Workers, Perth, and the Workers mantle. whose names appear on the schedule annexed hereto, Respondents. Ford, Mons Andrew; 14 Denian Street, Willagee. Order. Hawes, Maxwell James; 105 Hampton, Road, South THIS matter by leave of the Commission on the Fremantle. ground that it was of an urgent nature having Reeves, William; 1 Bateman Street, Fremantle. been heard by the Commission in Court Session Sardelieh, Ivan Tanculo; Clontarf Road, Hamilton ex parte in Chambers and the Commission in Court Hill. Session, having heard Mr L. Y. Hitchen on behalf Field, Alexander; 2 Baring Street, Mosman Park. of the applicant and having read the Statutory Longson, Cyril; 23 Gibson Street, Hilton Park. Declarations of Leonard Yewers Hitchen, Clifford Curnow Bennett and Frederick Carl Lange made Ridgway, Ronald J.; 7 Pamment Street, Leighton. on the thirtieth day of March, 1967, and being of Alvaro, Rocco; 231 Canning Highway, East Fre- opinion that a contravention of the Industrial mantle. Arbitration Act, 1912-1966, has occurred and is Neri, Guiseppi; 228 High Street, Fremantle. continuing, hereby makes the following order, to Schepis, Francesco; 22 Thomas Street, South Fre- wit— mantle. (1) The respondent workers, the respondent Sherman, Brian James; 21 Norma Road, Alfred union and all of its* members employed by Cove. the Hon. Minister for Agriculture at the West Australian Meat Export Works be Western, Frank; 6 Samson Street, Beaconsfield. enjoined from refusing, limiting or ban- Barrett, Albert Horwood; 2 South Terrace, Fre- ning work during ordinary or overtime mantle. hours of duty as provided for in Award Chapman, Charles William; 102 Stirling Highway, No. 45 of 1955, as amended and Award North Fremantle. No. 48 of 1955 as amended and consoli- Dixon, Frank; 79 Irwin Street, East Fremantle. dated. Maumill, Lyle; 9 Aberle Street, East Hamilton Hill. (2) That forthwith the respondent union and each of its officers by the enforcement of Moore, Donald William; 93 Watkins Street, White the union rules and by such other means Gum Valley. as are available do and continue to do all McLauchlan, Donald; 4 Freemasons Hotel, Fre- things in their power to ensure that the mantle. workers whose names appear on the MacNeill, William; 196 Hampton Road, South Fre- schedule annexed hereto resume work mantle. immediately and work in accordance with Wenn, William; 57 Butler Street, Willagee. the provisions of the relevant awards. Denic, Alphy Jules; 13 Bottrill Street, Hamilton Dated at Perth this 30th day of March, 1967. Hill. By the Commission in Court Session, Giannasi, Louis F.; 16 Hamilton Road, Hamilton (Sgd) S. F. SCHNAARS, Hill. [k-S-] Commissioner. Salmon, Edward; 14 South Terrace, Fremantle. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

Sleet, George Frederick; 5 Phylis Street, North Wells, Robert; 17 Little Street, Karrinyup. Fremantle. Barratt, Colin; 28 Thomas Street, South Fre- Svensson, Barry; 375 Carrington Street, Hamilton mantle. Hill. Bowman, Clarence; 251 Fawcett Road, South Monaghan, Ronald; 32 East Street, East Fremantle. Coogee. Cooper, Colin; 18 Parmelia Street, South Fremantle. Cullen, Fred Charles James; 52 Hammond Street, Edwards, Graham Murray; 9 Joslin Street, Hilton Palmyra. Park. Frewin. Allan; 5 Keenan Street, Hamilton Hill. Loy, Norman John; Lot 308, Waverly, Coolbellup. Smith, Albert Robert; 6 Rennie Crescent, Hilton Paiano, Giacomo; 68 Oakover Street, East Fre- Park. mantle. Szkiela, Stanislaw; lot 1252, Apsley Road, Riverton. Rogan, Peter; Wellard Road, Medina. Baker, Walter James; 16 Hulbert Street, South Totten, Edward; 382 Carrington Street, Hamilton Fremantle. Hill. Dixon, Levi; 37 Davilak Road, Hamilton Hill. Hollands, Geoffrey Ian; 56 Lamond Street, Alfred Hay, Kenneth James; 57 Petra Street, East Fre- Cove. mantle. Winfield, Laurence Albert; 72 Snook Crescent, Hil- Maloney, John William; 32 Fraser Street, East Fre- ton Park. mantle. Kent, Reginald John; 5 King Street, Coogee Beach. McLeod-Smith, James A.; 30 Tonkin Road, Hilton Brody, William Charles; 31 Saunders Street, Como. Park. Stokes, Nelson Joseph; 36 Forest Road, Hamilton Patton, Alick Charles; 12 Meadow Street, Guildford. Hill. Snary, Cleve Tom Baglin; 57 Hawkestone Street, Scott, George; 16 Harbour Road, South Fremantle. Cottesloe. Johnstone, Gilbert; 10 Gummow Street, Hamilton Caple, Bert George; 57 Davilak Road, Hamilton Hill. Hill. Moore, Jack; 104 Auralian Street, Palmyra. Cooper, Harold Arthur; Lot 53, York Street, South Webb, Douglas; 31 Malone Street, Willagee. Forrest, Ronald Eric; 15 Radney Street, Willagee. Minervini, Domenic; 26 Hampton Road, Fremantle. Hellmrich, Ronald; 4 Schacht Court, Myaree. Kelly, Michael; 11 Davilak Road, Hamilton Hill. Molan, Leonard Frank; 28 Joel Terrace, East Perth. Munro, Vernon George; 64 Frederick Road, Hamil- Fremantle. ton Hill. Mears, Sydney Douglas; 34 Fraser Street, East Williams, Walter Huxley; 77 Foss Street, Bicton. Fremantle. Alessi, Salvatore; 156 Sussex Road, Spearwood. Russell, Robert John; Lot 195, Metcalfe Road, Bell, James Thomas; 31 Fern Road, Wilson. Riverton. Snary, Lawrence John; 6 Hannibal Street, Pal- Capelli, Domenico; 53 Jean Street, Hamilton Hill. myra. Cicanese, Vincenzo; Lot 10, Wellard Road, Spear- wood. Snary, Norman Albert; 60 Auralian Street, Palmyra. D'Ulisse, Mario; 159 Samson Street, White Gum Smith, Harold Edgar; 10 Counsel Street, Coolbellup. Valley. Mangari, Antony; 12 Price Street, Fremantle. Farcic, Peter; Lot 3, Mather Road, Hamilton Hill. Natale, Gennaro, 25 King William Street, South Foley, John; 21 Carter Street, Hamilton Hill. Fremantle. McBeth, Donald George, 9 Elizabeth Street, White Harrison, George William; 116 Garling Street, Gum Valley. Willagee. Pallett, George Robert; Forrest Road, Hamilton Haywood, Mervyn; c/o Coogee Caravan Park. Hill. Ivancic, Ilya; 57 Solomon Street, Fremantle. Prizmic, Martin; 200 'South Terrace, Fremantle. Marinovich, Matt; 69 Barrington Road, Spearwood. Ward, John James; 32 Henley Street, South Como. Martin, Frank; 19 Hubble Street, East Fremantle. Miller, Patrick; 46 Nicholas Crescent, Hilton Park. Menner, Frank; 12 Thomas Street, South Fre- Mundy, Gary Douglas George; 9 Point Walter mantle. Immigration Centre. Mercer, James; 74 Cleopatra Street, Palmyra. Newton, Clarry; c/o Carnavan Park, Kwinana. Munday, John Brian; 43 Cale Street, Como. O'Brien, Herbert; 456 South Terrace, South Fre- Munro, Raymond; 86 Forrest Street, East Fre- mantle. mantle. Palmer, William; c/o Point Walter Hostel. Mustach, Nicola; 192 Hampton Road, Beaconsfleld. Salvia, Charlie; Lot 10 Owen Road, Hamilton Hill. Myers, Edward Richard; 19 Jamerson Street, Willa- Semen, Frank; 24 Martha Street, Beaconsfleld. gee. Separovich, Frank; 50 Blinco Street, Fremantle. Myers, Raymond; 13 Redmond Street, East Hamil- ton Hill. Stefan, Alflo; 30 Arundel Street, Fremantle. Myers, Ray Lawrence; 32 Kingsall Road, Attadale. Sorrell, Ray; 40 First Ave., Kwinana. Payne, Alexander; Lot 150, York Street, Hilton Di Molfetta, Nicola; 87 Swanbourne Street, Park. Beaconsfleld. Rossiter, James H; 106 Harrison Street, Rocking- Ramsay, John; 14A O'Riley Drive, Davis Park. ham. Renshaw, Alan John; 217 High Street, Fremantle. Walker, William; 19 Marmion Street, East Fre- Waters, John; 44 Woodley Crescent, Melville. mantle. 19 April, 1967.]

Metcalf, John: 24A Davis Park, Beaconsfield. Douglas, Arnold James; 97 Colin Road, Scar- Mortimer, Frederick; 264 Webber Street, Willagee. borough. Orrman, Evald; 48 Hammad Street, Palmyra. Hargreaves, William; 8 Bottrill Street, Hamilton Hill. Baines, William George Stephen; 1 Webber Street, "Willagee. Messina, Carmelo; Lot 10, Owen Road, Hamilton Gauci, Vincenzo; 8 Davies Street, Beaconsfield. Hill. Marriott, Alec; 45 The Avenue, Nedlands. Ashley, Charles James; 8 First Street, Bicton. D'Ascenzo, Quinto; 12 Hamilton Road, Hamilton Farmer, Neil; 7 Wilks Street, Hamilton Hill. Hill. Marriott, Sydney Victor; 41 Annie Street, South Elward, Raymond Donald; 6 Brennan Street, Fre- Fremantle. mantle. Merenda, Concetto; 21 Forrest Road, Hamilton Hill. De Maria, Guido; 12 East Street, East Fremantle. Paterson, James; 12 Thomas Street, South Fre- mantle. Ellement, Bruce; 121 Newton Road, Spearwood. Smith, Christopher Lawrence; 18 Steven Street, Graham, Neil Roger; 99 South Street, Beacons- East Fremantle. field. Stone, David; 6 Cowcher Way, Medina. Follows, George; 2 McCleary Street, Beaconsfield. Thacker, Victor Phillip; 24 Silas Street, East Fre- Hughes, Rodney; 15 Knutsford Street, Fremantle. mantle. Angus, Alan; 106 Harrison Street, Rockingham. Denic, Alphy Barry; 13 Bottrill Street, Hamilton Arlotta, Samuel; Lot 10, Owen Road, Hamilton Hill. Hill. Enright, Mamie; 8 Ada Street, South Fremantle. Burgess, Vincent John; 1 Harfoot Street, Willagee. Sears, Graham; 22 Bingfield Road, Medina. Corbett, Ken; 126 Preston Point Road, East Fre- Tyrell, David; 40 Old Rockingham Road, Naval mantle. Base. Coutts, Gary; 13 Foss Street, Palmyra. Edwards, Ernest William; c/o Point Walter Hostel. Cull, Barry; 75 Counsel Road, Coolbellup. Mucciacciaro, Pellegrino; 37 Malcolm Street, Fre- Gumming, Ernest H., 41 Chadwick Street, Hilton mantle. Park. Virgo, William Richard; 25 Chester Street, South D'Arcy, Lesmond; 8 Ada Street, South Fremantle. Fremantle. De Castro, John; 43 Simper Street, White Gum Lennerts, Hubert; 41 Queen Street, Bentley. Valley. Lovett, Kenneth; 105 Healy Road, Hamilton Hill. Floros, Dememtrios; 106 Harrison Street, Rocking- Bertone, Guido; 42 East Street, East Fremantle. ham. Granelli, Livis; 13 Wiluna Avenue, White Gum Pearson, George James William; 5 Jewell Parade, Valley. North Fremantle. Wilson, Robert W.; 18 Halstead Street, Hamilton Smith, Robert Andrew; 7 England Street, East Hill. Hamilton Hill. Wych, Frank; 118 Watkins Street, White Gum Strother, Frederick William Harold; 47 Adrian Valley. Street, Palmyra. Illiarietti, Luigi; 149 Hope Street, White Gum Amaranti, Peter; 21 Point Walter Road, Bicton. Valley. Bird, Reginald Alfred; 12 Curedale Street, Beacons- Procino, Ononforo; 27 East Street, East Fremantle. field. Strenber, Christian; 16 Parmelia Street, South Fre- Burton, Charles William; 41 Watkin Street, mantle. Beaconsfield. Crick, Charles Richard; 90 Rennie Crescent, Hilton Goodes, Kenneth Malcolm; 198 Healy Road, Park. Hamilton Hill. Mucciacciaro, Jennarra; 93 Jewell Street, East Hyne, Lionel; 22 Hickory Street, South Fremantle. Fremantle. James, William; 53 Butler Street, Willagee. Lucas, William; 15 Recreation Road, Hamilton Hill. McDonald, Joseph Edward; 15 Jamieson Street, Mosman Park. Needham, Terrence; 88 Central Road, Rossmoyne. Totten, Arthur; 382 Carrington Street, Hamilton Pitman, Arthur Edwin; 9 Lever Street, Willagee. Hill. Corbo, Michael Anthony; 95 Attfield Street, South Edwards, Alfred Harold; 206 South Street, Beacons- Fremantle. field. Martin, Frank; 19 Hubble Street, East Fremantle. Parisse, Angelo; 77 Hampton Road, Beaconsfield. Napoletane, Robert John; 3 Watkins Street, Fre- mantle. Percival, Roy; 19 Mortlock Street, Hamilton Hill. Di Lena, Pasquale; 90 Winterfold Street, Hamilton Kimber, Terrence; 6 Melville Place, South Perth. Hill. Puzio, Thomas; 22 Curedale Street, Beaconsfield. Lazenby, Alfred Lawrence; 2 Keisey Street, Coogee Byass, Steven; 87 Adrian Street, Palmyra. Beach. Bye, Jack Oswald; c/o National Hotel, Fremantle. McCarthy, Lawrence Bruce; 30 Lee Avenue, Hilton Cangemi, Salvatore; 28 Lily Street, South Fre- Park. mantle. McFarlane, Charles Allan; 17 Lever Street, Willa- Downing, Andrew; 20c Conway Drive, Davis Park. gee. Ducali, Mohamad; Lot 347, Mamillivs Street, Cool- Sheppard, Allenby; 31 Tonkin Road, Hilton Park. bellup. Assen, Albertus; 3 Bottrill Street, Hamilton Hill. Fenton, Gerald; c/o Federal Hotel, Fremantle. D'Ascenzo, Adelio; 32 Forrest Road, Hamilton Hill. Gizzsrone, Luigi; 29 Swanbourne Street, Fremantle. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

Mortimer, Brian Stanley; 10 Dorothy Street, East S. J. Carter on behalf of the applicant Fremantle. and having read the Statutory Declara- Pappagallo, Frank; 3 Manning" Street, Fremantle. tion of Robert John Allan made on the 31st day of March, 1967, hereby makes the following order Playle, Ernest; 38 Weston Street, Naval Base. to wit— Russell, Michael John; 74 Paget Street, Hilton Park. (1) That the respondent Union and its mem- Sardelich, Steve; Clontarf Road, Hamilton Hill. bers are hereby enjoined from refusing, Underdown, Kenneth; 58 Canning Highway, East limiting or banning work as required by Fremantle. the applicant during ordinary or overtime Baker, Brian Neville; 55 Rockingham Road, Hamil- hours of duty as provided for in the Meat ton Hill. Export and Local Consumption (Thomas Holden, Leslie James, 11 Sheppard Street, Hilton Borthwick and Sons Albany) Award No. Park. 48 of 1955, as amended. Andrews, Russell Leslie, 10 Nicholas Crescent, Hil- (2) That the respondent Union and each of ton Park. its officers shall not encourage any worker employed under the provisions of the said Coulson, Graham; 37 Fortescue Street, East Fre- Award from refusing or failing to report mantle. for duty during ordinary or overtime Monaghan, Neil; 57 Swanbourne Street, Fremantle. hours as aforesaid. Norton, Peter John; 170 Hampton Road, Beacons- Dated at Perth this 31st day of March, 1967. field. By the Commission in Court Session, Smith, Allen; 7 Redburn Street, Hamilton Hill. [L.S.J (Sgd) S. F. SCHNAARS, Wirth, Brian Edward; 34 Walker Street, South Commissioner. Fremantle. Fullston, David; 38 Davilak Road, Hamilton Hill. TAKE notice that non-compliance with this Order Grigg, Kevin John; 43 Buller Street, Willagee. will render any person in default liable for punish- Hansen, Henry; 270 South Terrace, South Fre- ment for an offence under the Industrial Arbitra- mantle. tion Act, 1912-1966, and take further notice that any party or person affected by this Order may Hartwell, Stanley; 2 Newmarket Street, South Fre- move the Commission in Court Session on twenty- mantle. four hours' notice to the applicant to vary, sus- Horton, William; 72 Rennie Crescent, Hilton Park. pend or cancel the Order and take further notice Jones, Thomas; 18 Grigg Place, Hilton Park. that it is hereby directed that a copy of this Laudehr, Stephen; 23 Ommanney Street, Hamilton order together with a copy of the application and Hill. the Statutory Declaration in support thereof be Lauchlan, Terry; 13 Greenslade Street, Hamilton served by the applicant on the abovenamed re- Hill. spondents. Dobson, Harold, 26 Gray Street, Willagee. Ashfield, Alan; 68 Nicholas Crescent, Hilton Park. Carter, Stan; 32 Irwin Street, East Fremantle. MEAT INDUSTRY EMPLOYEES UNION AND Follows, Rodney; 352 South Terrace, South Fre- VARIOUS WORKERS AND MIDLAND JUNC- mantle. TION ABATTOIR BOARD. Gill, Paul; 430 South Terrace, Fremantle. (Re Stoppage of Work at Midland Junction Chandler, Albert; 76 Hampton Road, Fremantle. Abattoirs.) Andrew, Brian; 19 Nicholas Crescent, Hilton Park. BEFORE THE WESTERN AUSTRALIAN Glazier, Terry; 2 Farrell Street, Hilton Park. INDUSTRIAL COMMISSION. McCabe, Ray; 35 Milroy Street, Willagee. No. 314 of 1967. Seymour, Allan; 129 Marmion Street, East Fre- mantle. Between Midland Junction Abattoir Board, Appli- cant, and West Australian Branch Australasian Santich, Miro; 173 Clontarf Road, Hamilton Hill. Meat Industry Employees' Union, Industrial Union of Workers, Perth, and the Workers whose names appear on the schedule annexed hereto, Respondents. MEAT INDUSTRY EMPLOYEES UNION AND ANCHORAGE BUTCHERS. Order. (Re Stoppage of Work.) THIS matter by leave of the Commission on the ground that it was of an urgent nature having IN THE WESTERN AUSTRALIAN been heard by the Commission in Court Session INDUSTRIAL COMMISSION. ex parte in Chambers and the Commission in Court No. 313 of 1967. Session, having heard Mr L. Y. Hitchen on behalf of the applicant and having read the Statutory Between Anchorage Butchers Ltd, Applicant, and Declaration of Richard Hamilton Bosward made W.A. Branch Australasian Meat Industry on the thirty-first day of March, 1967, and being employees Union Industrial Union of Workers, of opinion that a contravention of the Industrial Perth, Respondent. Arbitration Act, 1912-1966, has occurred and is con- Order. tinuing, hereby makes the following order, to wit— THIS matter by leave of the Commission on the (1) The respondent workers, the respondent ground that it was of an urgent nature having union and all of its members employed by been heard by the Commission in Court the Midland Junction Abattoir Board be Session ex parte in Chambers and the Com- enjoined from refusing, limiting or banning mission in Court Session, having heard Mr work during ordinary or overtime hours 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

of duty as provided for in Award No. 45 Beck, Ronald Edward; 24 Ferguson Street, Mid- of 1955, as amended and Award No. 11a of vale. 1966. Bell, Thomas Henry; 101 Broadway, Bassendean. (2) That forthwith the respondent union and Benkouic, George; 29 George Street, Midland. each of its officers by the enforcement of the union rules and by such other means Bennett, Harold Norman; 19 Hooley Road, Mid- as are available do and continue to do all vale. things in their power to ensure that the Bentley, Aubrey; 29 Byers Road, West Midland. workers whose names appear on the Begnell, Herbert Charles; Dalgety Road, Herne schedule annexed hereto resume work Hill. immediately and work in accordance with Bolton, Edmund; 8 Harold Street, Bellevue. the provisions of the relevant awards. Bonshore, Kevin James; 7 Coolbinia Road, Dated at Perth this 31st day of March, 1967. Maniana. By the Commission in Court Session, Botica, Jakov; 6 Beverley Terrace, South Guild- ford. [L.S] (Sgd) S. F. SCHNAARS, Commissioner. Bottcher, Trevor John; 11 Bennett Street, Perth. Bowman, Graham; Hyde Park Hotel, North Perth. TAKE notice that non-compliance with this Order Bowron, James; 20 Ferguson Street, Midvale. will render any person in default liable for punish- Boyd, William John; 11 Princess Road, Balga. ment for an offence under the Industrial Arbitra- Bradley, Eric Leopold; 24 Great Northern Highway, tion Act, 1912-1966; and take further notice that Midland. any party or person affected by this Order may Brack, Larry; 15 Helen Street, Bellevue. move the Commission in Court Session on twenty- Bradbury, Allan Charles; 53 Halvorsen Street, four hours' notice to the applicant to vary, suspend or cancel the Order and take further notice that it Morley Park. is hereby directed that copy of this Order together Brady, Garry William; 42 Loton Avenue, Midland. with a copy of the application and the Statutory Brandy, Kevin William; 437 Great Eastern High- Declarations in support thereof be served by the way, Bellevue. applicant on the abovenamed respondents. Brammall, Neville; 20 Montreal Road, West Mid- land. Schedule A. Brandis, Graham Eric; Cyril Road, High Wycombe. Ackerer, Michael; 36 Can- Street, West Perth. Brindley, Ernest George; Padbury Avenue, Millen- Adamson, Graeme James; 39 Lyons Street, Cot- don. tesloe. Bristow, William Henry; 6 The Avenue, Midland. Alerich, Tom; c/o Post Office, Herne Hill. Brown, Arthur Norman; 13 Turton Street, East Allan, Archibald; 124 Kalamunda Road, Maida Guildford. Vale. Brown, Kevin Albert; 8 Stuart Street, Greenmount. Allan, Fred; Alderside Road, Kalamunda. Bryant, Michael John; 53 Kenny Street, Bassen- Allan, James; 31 Peachey Road, Swan View. dean. Anderson, Keith Gordon; 1 Snook Crescent, Hilton Bullock, Claude Edward; Lot 4, Buckingham Road, Park. Swan View. Andrews, Alexander; Rosedale Road, Chidlows. Burton, Joseph; c/o 67 Parker Street, Bassendean. Andrew, Frank; Great Northern Highway, Herne Byrne, Leslie Aloyius; Great Eastern Highway, Hill. Mundaring. Bailly, Alain; 36 Carr Street, West Perth. Byrne, Donald Joseph; Lot 10, Harold Street, Baker, Grame Maxwell; 37 Sixth Avenue, Bassen- Swan View. dean. Cable, Colin; 16 Cranwell Street, Thornlie. Banfield, Ronald Thomas; c/o Post Office, Upper Caldwell, Richard Arnold; 6 Burton Street, Bassen- Swan. dean. Banfield, Terence Arthur; 11 Well Street, Bellevue. Caminiti, Giovani; 23 Wroxton Street, Midland. Banks, George; 7 Belmont Avenue, Belmont. Campbell, Alan John; 5 Lamb Street, Bassendean. Barker, Hubert; 53 Terrace Road, Guildford. Carija, George; Beryl Avenue, Millendon. Barnes, Thomas William; 53 Second Avenue, South Carr, George Mitcheson; Helena Vale Hotel, Mid- Guildford. land. Barndon, George Richard; 226 Railway Parade, Carroll, Basil Thomas; 3 Kennedy Street, May- Meltham. lands. Barrett, Richard; 20 Rathay Street, Victoria Park. Cassella, Martino; 567 Berkshire Road, Forrestfield. Bartoll, Frank; 481 Great Eastern Highway, Cattley, Edward; 42 Railway Parade, Helena Valley. Bellevue. Cavanagh, Norman Walter; Wilson Road, Middle Bartucciotto, Bingio; 140 Charles Street, Perth. Swan. Bassett, Frank William; 4 Margaret Street, Mid- land. Cavanagh, Harry; Wilson Road, Middle Swan. Bates, Terence Patrick; Campersie Road, Millen- Cavanagh, Stanley George; Wilson Road, Middle don. Swan. Bean, George Charles Valentine; Lot 71, Spencer Chalmers, James; 184 Great Northern Highway, Street, Kelmscott. Midland. Beatty, Daniel John; 47 Railway Road, Mt. Lawley. Clarke, Bruce Oliver; 37 Union Road, Carmel. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

Clarke, Stuart Alexander; 9 Albert Street, Green- Dickman, William Hawthorn; 39 Robinson Road, mount. Bellevue. Clarke, William Edward; 20 Boulder Ave., Redcliffe. Dillon, Mervyn Richard; 16 Eileen Street, Bassen- Clements, Barry Arthur; 34 Clayton Street, dean. Bellevue. DePaola, Angelo; 25 Spring Park Road, Midland. Coleman, Frederick Walter; 122 Sussex Street, Dixon, George Frederick; 22 Lloyd Street, Midland. Victoria Park. Dixon, Robert; 11 Rose Avenue, Bayswater. Collins, Arthur John; 32 Parker Street, Bassendean. Donovan, Ronald Bernard; 2 Richards Road, High Collins, Garry David; 3 Bushmead Road, Hazel- Wycombe. mere. Dorizzi, Peter; 345 Huntriss Road, Doubleview. Collins, Phillip; 3 Bushmead Road, Hazelmere. Doust, Raymond George; 5 Peel Street, East Guild- Colquhoun, Charles Edward; 8 John Street, Mid- ford. land. Dow, G. O.; 7 Lister Street, Swan View. Conigllo, Francesco; 32 Morrison Road, Midland. Drew, Ross Donaldson McCaw; Lot 23 Wonga Coombes, Max; 48 Mathoura Street, Midvale. Road, Hampton Park. Connor, Patrick; 3 Fernain Road, Maida Vale. Dry, Harold; Post Office, Chidlows. Cooper, Kenneth; 55 Sampson Road, Kalamunda. Dunlop, William; West Swan Road, Caversham. Cooper, Leslie James; 39 Hooley Road, Midvale. Dyszy, Vladaslow; Loton Road, Millendon. Cooper, Ronald; 5 Sykes Avenue, Innaloo. Eakins, Montieth Thomas; 41 Ida Street, Bassen- Cooper, Wyndham Oliver; 425 Guildford Road, dean. Bayswater. Eastwell, Bevan John; Carawatha Road, Parker- Corti, William John; 129 Great Eastern Highway, ville. Midland. Eatt, K; 28 Margaret Street, Ashfield. Coster, Robert Haydon; 47 Dudley Street, Midland. Edwards, Arthur Maxwell; 28 Sayer Street, Mid- Cotter, Cyril Garnett; Lot 97 Beachboro Road, land. North Bayswater. Ellery, Andrew Maxwell; Tunnel Road, Swan View. Coverley, William John; 14 Victoria Street, Red- Ellery, Harold Maitland; 8 Bullarra Road, Green- cliffe. mount. Cox, Frederick; 13 Wellaton Street, Midvale. Ellis, Roy Edward; 28 Pinedale Road, East Cox, Gordon Peter; 50 Great Northern Highway, Victoria Park. Midland. Ellul, George; 1 Viveash Road, Midland. Crotty, Raymond Henry; 54 Elvere Street, Midland. Entwistle, Donald; 25 Hamilton Street, Bayswater. Crouch, Frank; 8 Leslie Street, Mount Lawley. Evans, John; 312 Railway Parade, West Leederville. Crow, David John; 27 Fifth Avenue, Bassendean. Exell, Graeme; 173 Alexander Road, Belmont. Cusworth, Martin William; 19 Renown Avenue, Falconer, William Charles; Lot 13 Maree Road, Bellevue. Greenmount. Czepulkowski, Adolf; 2 Eric Street, Midland. Falkingham Dennis William; 8 Mathoura Street, Czerw, Victor; 22 Byers Road, Midland. Midvale. Dalliston, Robert George; 5 Pitterson Road, Green- Falkingham, Robert Grahm; 8 Mathoura Street, mount. Midvale. D'Angelo, Guerino; 10 Leonard Street, Herne Hill. Fay, Brian George; 87 Kanowna Avenue, Redcliffe. D'Ascenzo, Mario; 81 Morrison Road, Midland. Fay, Edgar Ernest; 87 Kanowna Avenue, Redcliffe. Davini, Silvio; 24 Buckingham Road, Swan View. Ferguson, James; 10 Seventh Avenue, Maylands. Dawson, William James; 28 Stuart Street, Green- Fitgerald, Patrick; 1 Deal Street, Mount Helena. mount. Fleming, James; Maida Vale. Day, John; 27 Princess Road, Mt. Helena. Ford, George Oswald; Helena Valley Road, Helena Day, Bryce; Lot 105 Gerral Place, Koongamia. Valley. Dazkin, Romian; 39 Lyons Street, Cottesloe. Formosa, Joseph; 30 Blackburn Street, Bellevue. Dee, Albert John; Gill Street, Mundaring. Foster, James Oliver; 23 Albert Street, Bellevue. Deere, Brian Patrick Desmond; 7 North Street, Fragomeni, Frank; Edarsy Road, Maida Vale. Mt. Lawley. Franich, Nikola; 38 Kidman Avenue, South Guild- Della-Guarra, Ademo; 3 Lefroy Street, Midland. ford. Del Paggio, Nicola; 8 Charles Street, Midland. Franich, Morti; 38 Kidman Avenue, South Guild- Demaco, Antonio; 56 Charles Street, Midland. ford. Frazer, Frank; 208 Salisbury Road, Swan View. DeNicolas, Donato; 6 Newton Street, Midland. Freeman, Leslie Francis; 14 Harper Street, Midland. Deorocki, (Jim) Alfred; 65 Loton Avenue, Midland. Freeman, James Sydney; 14 Harper Street Midland. Deorocki, Alfred; 65 Loton Avenue, Midland. Fry, William Arthur; 46 Walter Road, Bassendean. Dickenson, Herbert Clifford; York Road, Mahogany Funnell, Peter Alexander; 53 Clayton Street, Creek. Bellevue. Furnace, John Steele; 43 Great Eastern Highway, Dickenson Neil; Post Office, Mahogany Creek. South Guildford. Dickman, Gary John; 8 Morrisson Street, Bellevue. Furnace, Keith; 43 Great Eastern Highway, South Dickman, George William; Lot 80 Salisbury Road, Guildford. Swan View. Fyduniw, M.; 130 Lake Street, Belmont. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 311

Gajeski, Paul; Lot 1. Mary Street, Hazelmere. Jackson, Neville Frederick; 10 Weldon Street, Gale, Leslie Thomas; 5 Sayer Street, Midland. Bellevue. Gamble, Ian Jeffrey; Railway Parade Midland. Jakens, Bertie; Charles Road, Mahogany Creek. Garbin, Duja; 20 Toodyay Road, Middleswan. Jarvey, Colin Roy; 20 Cope Street, Midvale. Gardner, Roy; 57 Wellaton Street, Midvale. Jasiorowski, Richard; 306 Karawartha Road, Pai'kerville. Gawned, John; 493 Great Eastern Highway, Green- Johnson, Arthur David; 7 Wingate Avenue, mount. Hazelmere. Gentile, Nicola; 85 Dalgety Road, Herne Hill. Jones, Alfred James; 6 Croyden Street, Green- Gerace, Cosimo; Weld Road, Swan View. mount. Gerogianakis, loannis; Victoria Street, Midland. Kalem, Arthur; 32 North Road, Alfred Cove. Gerrard, Willis; 72 Railway Parade, Midland. Kalem, Kevin; 111 Morrison Road, Midland. Gianelli, Lino; 41 Fifth Avenue, Bassendean. Kaliadis, Alilefs; 23 Kidman Avenue, South Giardina, Ross; Lot 6 Sultana Road, Maida Vale. Guildford. Gill, Arthur; 23 Hooley Road, Midvale. Keen, Christopher James; 10 Hooley Road, Gill, Warren Mitchell; 39 Lyons Street, Cottesloe. Midvale. Gipson, Herbert; 18 Sixth Ave., Bassendean. Keen, Desmond Robert; 11 Hensman Street, Glover, Frederick William; 26A Flat . . Margaret South Perth. Street, Midland. Keen, John; 10 Hooley Road, Midvale- Glowaki, Basil; 26 Albert Street, Bellevue. Keen, Robin; 10 Hooley Road, Midvale. Golonico, Raffaele; 50 Charles Street, Midland. Kelly, Ernest; 8 Railway Parade, Midland. Goodchild, Ian Murray; 10 Stuart Street, Green- Kelly, Paul John; 29 Maidos Street, Ashfield. mount. Kilmurry, Brian; 166 Great Eastern Highway, Gordon, Lindsay Bruce; 15 Parnell Road, Bassen- Midland. dean. Kinder, Arthur John; 8 Pitt Street, West Midland. Gossage, Richard George; Lot 59, Canoda Kinder, John Robert; 8 Pitt Street, West Midland. Street, Dianella. Kinder, Ronald Arthur; 8 Pitt Street, West Graham, John; 381 Hardey Road, Greenmount. Midland. Graham, Walter Thomas; 204 Great Eastern High- Kinnimont, Kenneth John; 167A Seventh Avenue, way, Midland. Inglewood. Granville, Charles Lucian; 29 Finnan Street, Kipps, Ronald George; Lot 6 Kalamunda Road, Cloverdale. Maida Vale. Grenfell, Andrew Robert; 477 Great Eastern High- Kirwan, John Martin; Lot 216 Weld Road, Swan way, Greenmount. View. Grob, Felix (Snr.); P.O. Washbrook Road, Upper Klaezmarezyk, Roman; 93 Loton Avenue, Midland. Swan. Kleszcz, Wally; 246 Loton Road, Millendon. Grob, Felix (Jnr.) P.O. Washbrook Road, Upper Kolodenski, Antoni; 127 Waterhole Road, Bush- Swan. mead. Grzejsczyk, Frank; 124 Federation Street, Mt. Kolodenski, Michael; 127 Waterhole Road, Bush- Hawthorn. mead. Gulabouski, Tone; 15 Broadway, Bassendean. Kolichis, Mick; 25 Violet Street, North Perth. Hampson, Neville; 13 Sophia Street, Greenmount. Kipiz, Marian; 26 Lloyd Street, Midland- Harris, Kenneth Walter; 11 Seventh Avenue, Bassendean. Korczyski, Walter; 35 Brewer Street, East Perth. Hartley, Colin; 12 Short Street, Joondanna. Koren, Jan; 1 Poynton Avenue, Midland. Hayman, George; 71 Great Eastern Highway, Lamers, Gradus Willem; 26 Harper Street, West Bellevue. Midland. Helmrich, Jack; 142 Renow Street, East Canning- Lament, Clarence William; 16 Wilkin Street, ton. Bellevue. Henry, Robert Andrew; Honey Street, Mt. Helena. Langford, Brian Edward; 183 Railway Parade, Hillan, Henry McLay; 1 Tennyson Street, Bellevue. Maylands. Hunter, Jan; 7 North Street, Mt. Lawley. Latassa, Casino; 8 Blackburn Street; Bellevue. Leiste, Gerritt; 38 Victoria Street, Midland. Hopkins, Harold Raymond; 154 Great Eastern Highway, Midland. Lennon, Thomas Henry; 4 Irwin Street, Bellevue. Horne, Douglas John; 53 Ferguson Street, Midland. Leonard, Burt; Lot 14A Harold Road, Swan View. Horton, Eric Ronald; 29 Sayers Street, Midland. Leyland, George; Lot 20, Morrison Road, Swan House, James Thomas; 60 Kidman Avenue, South View. Guildford. Lipiec, Antony; 152 Weir Road, Mundaring. Hunt, Alfred Walter; 7 Roberts Road, Lathlain Longman, Vernon Augustus; 25 Coongan Avenue, Park. Greenmount. Husking, Harold Brice; 128 Leake Street, Belmont. Lovejoy, Stan; 34 Ferguson Street, Midvale. Hutckins, Warren Robert; 33 Stanhope Street, Lubelki, Stefan; 100 Knutsford Avenue; Rivervale. Bellevue. Lynch, Garth; Hyde Park Hotel, North Perth- Jackson, Ernest Joseph; Freemason's Hotel, Mid- Mack, William Allen; Thomas Road, Glen Forrest. land. Macic, John Allen; Flat 112, 29 Melville Parade, Jackson, Fred; 10 Weldon Street, Bellevue. South Perth. 312 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

Makay, John; 28 Coulston Road, Ashfield. McPherson, Malcolm, 9 Turton Street, East Guild- Majewski, Jan; 14 Willin Street, Bellevue. ford. Malakovski, Mile; 15 Broadway, Bassendean. McPherson, Neil; 360 Guildford Road, Bayswater. Maney, Maurice; Hyde Park Hotel, North Perth. Nairn, Theo Gregory; 121 Vale Road, Bushmead. Mansford, Benjamin Harry; 10 Mason Street, Nelson, Herman Stoessel; 45 Roseberry Street, Swan View. Bayswater. Marano, Gilestina; 36 John Street, Midland. Netherway, Douglas; 60 Ewart Street, Midvale. Marten, Norman David; 27A Hammersley Street, Notte, Carmine; Searle Street, Middle Swan. Midland. Ottin, Bevan Allen; 15 Hamilton Terrace, Green- Meaden, Leslie Robert; 2 Manson Street, Swan mount. View. Ollis, Herbert Allen; 50 Clayton Street, Bellevue. Meaden, Thomas Francis; 23 Alice Street, Bellevue. Paiano, Michael; 40 Mathoura Street, Midland. Menhennett, Lloyd; 3 McKimmie Street, Embleton. Palmieri, Berado; 16 Wroxton Street, Midland. Miller, Thomas Norman; 33 Spring Park Road, Palmieri, Constanzo, 8 Bushby Street, Bellevue. Midland. Pappas, Cow; 345 Newcastle Street, Perth. Milne, Kim; 11 Hackett Street, Greenmount. Park, John; 18 Tennyson Street, Bellevue. Milocevich, Zivew; 19 Albert Street, Bellevue, Pasquarosa, Antonio, Zamia Road, Mundaring. Mirco, Giovanni (John); 5 Montreal Road, West Patu, Tepuele Dusty; Helena. Vale Hotel, Midland. Midland. Pearsell, Kevin James; 30 Helena Street, Guild- Mirco, Nicola Giovanni; 231 Padbury Avenue, ford. Millendon. Penistan, Frederick; 120 Sussex Street, East Vic- Mirco, Vincenzo; 8 First Avenue, Midland. toria Park. Mitchenson (Jnr.) Richard; 9 Morrison Street, Penney, Cyril Michael; Lot 41, John Street, Middle Maylands. Swan. Mitchenson (Senr.), Richard; 2 Wellaton Street, Perrella, Michele; 20 Wroxton Street, Midland. Midvale. Perrella, Michele; 20 Brockman Road, Midland. Moloney, Charles Angus; Freemason's Hotel, Petta, Guiseppe; 4 William Street, Midland. Midland. Petit, Milton James; 26 Spring Park Road, Midland. Morelli, Franic; 16 Harbin Street; Bellevue. Pheeley, James Augustus; Bishop Road, Middle Morley, Robert; 44 Harvey Street; Victoria Park. Swan. Morrison, Peter Alexanda; Kalamunda Road, Piercy, Roley Jeffrey; 27 Hargrave Street, Belmont. Maida Vale. Piscicelli, Domeric; 265 South Terrace, South Fre- Mortellaro, Antoni; Pickering Brook. mantle. Morton, Colin; 18 Norman Street, Bellevue. Pitsikas, John; 58 Railway Parade, Midland. Mucciarone, Amando; 2 Phillip Road, Mundaring. Pollard, Samuel Keith; 40 Esther Street, Eden Hill. Mucciarone, Ferdinando; 3 Coppin Road, Mundar- Pontell, Jack Sevic; 114 Great Eastern Highway, ing. Midland. Munyard, Walter; 10 Middleton Street, Cloverdale. Posa, Mick; 6 Beverley Terrace, South Guildford. Murace, Rosano; 9 Morrison Road, Midland. Prendagast, Allen Stephen; 49 Ewart Street, Mid- Murphy, Edmund Francis; 29 Fackner Avenue, vale. Belmont. Presenza, Anthony; corner Morrison Road and Murrell, Percival John; 11 Wagoora Way, Koon- Swan Avenue, Midland. gamia. Prideaux, Victor; Commercial Hotel, Midland. Musuraca, Tom; 1 Sayer Street, Midland. Przybylski, Kazimierz Josef; 94 Great Northern McCann, Charles Joseph; 166 Kenna Road, New- Highway, Midland. burn. Puglia, Frank; Princess Road, Mt. Helena. McCann, Leslie William; 22 Tilbrook Street, Glen Purton, Kenneth Franklyn; 7 Frederick Street, Forrest. Midland. McCarthy, John; 28 Fourth Avenue, Bassendean. Purton, Stanley Arthur; 44 Clayton Street, Belle- McCarthy, William; 204 Station Street, Cannington. vue. McGhie, Findley Cambell; Scott Road, Greenmount. Radalj, Wlado; 27 John Street, Midland. McGlew, Bruce Ronald; 22 Cope Street, Midland. Radisich, Frank; 40 Sayer Street, Midland. McGlew, Ivan Ronald; 22 Cope Street, Midland. Radomigac, Ivan; 26 Great Northern Highway, McGlew, Mervyn Thomas; 22 Cope Street, Midland. Midland. McGufSe, William Andrew; 66 Elgee Road, Midland. Raj, John; 40 Ross Street, Cloverdale. McKenzie, Ronald Harry; 27 Wyndam Street, St. Rakich, Anthony; Bishop Road, Middle Swan. James. Rakich, Mick; 53 John Street, Midland. McLean, Allen Frederick; 233 Kalamunda Road, Sabatini, Carl; 4 Sayer Street, Midland. Maida Vale. Sales, Cecil; 403 Delia Road, Gosnells. McLean, Harry; 62 Wicca Street, Rivervale. Salisbury, Barrie; 22 Balfour Road, Swanview. Maclean, Harry, 2 Hamilton Road, High Wycombe. Sands, Ronald Francis; 252 Great Eastern High- McLean, Ronald Marshall; Lot 5, Kalamunda Road, way, Midland. Maida Vale. Sansalone, Domenico; Hammersley Road, Caver- McLean, Robert William; Lot 5, Kalamunda Road, sham. Maida Vale. Sara, Cyril Norman; 6 Windoo Place, Koongamia. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 313

Sargeant, George Nathan; 20 Hotham Street, Bays- Stewart, George; 7 Third Avenue, Bassendean. water. Studdy, Robert; Commercial Hotel, Midland. Saul, William Charles; 13 Edward Street, Bellevue. Sumich, Milivoy; George Street, West Swan. Scali, Arturo; 9 Sayer Street, Midland. Summers, Alfred Carroll; c/o Post Office, Glen Seanlan, William John; e/o Abattoirs, Midland. Forrest. Scheikowsky, Franz; 392 Coode Street, Morley. Sundo, Willi; Middle Swan Road, West Swan. Schmitt, Albert; e/o Mt. Helena Post Office. Sutton, William; Edney Road, Maida Vale. Schmitt, John G.; 11 Helena Valley Road, Helena Swanson, William John; 466 Great Eastern High- Valley. way, Greenmount. Schulz, Alfred Walter; 55 Anzac Terrace, Bassen- Tuleuski, Aleksander; 15 Broadway, Bassendean. dean. Martin; 136 Queens Road, South Guildford. Scoffern, Frederick Brian; Lot 26, Samson Parade, Tee, George Eric; 7 Lindsay Street, Kalamunda. Midland. Thomas, Frederick Victor; 445 Great Eastern Scott, Bernard; 6 Waud Place, Embleton. Highway, Greenmount. Scott, George Forrest; 3B George Street, Midland. Thomas, Walter Arnold; 7 Cope Street, Midland. Seaman, Ivin; 96 Walter Road, Bassendean. Thompson, Francis Noel; 6 Jinda Road, Koongamia, Seaton, Allen William; 21 Haig Street, Ashfield. Thompson, George; 9 Stafford Road, Kenwick. Sesto, John; Flat 3, Swanview Terrace, South Thurley, Harold Charles; Mirtle Road, Walliston. Perth. Todd, Andrew; 16 Samson Parade, Millendon. Shaw, Bernard Walter; 20 Croydon Street, Bellevue. Todd, William; 26 North Street, Midland. Siano, Gaetano; 110A Clayton Street, Bellevue. Tomizzi, Mick; 13 Cope Street, Midland. Sidebottom, Brian John; 109 Guildford Road, Tomizzi, Pasquale (Percy); 13 Cope Street, Mid- Bassendean. land. Sidebottom, Walter Angus; c/o Abattoir Cottage. Tonkin, Geofrey Lawrence; 9 Helen Street, Belle- Silich, Locky; 26 Riverview Street, Guildford. vue. Silvestri, Pasquale; 11 Archer Street, West Midland. Torretti, Guereno; 31 Brighton Street, Leederville. Sirkovic, Toma; 41 Toorak Road, River vale. Triventi, John; 15 Cope Street, Midland. Skinner, Henry George; Lot 31, Morrison Road, Troiano, Miehell; 27 Byers Road, Midland. Swanview. True, Emays, John; 26 Helena Street, East Guild- Smith, Barry Linton; 10 Olive Street, Guildford. foi'd. Smith, Harold John; 148 St. Kilda Road, Rivervale. Tulimowski, Mick; 38 Dudley Street, Midland. Smith, Michael J.; 17 Edward Street, Bellevue. Turner, Jack William; 25 Victoria Street, Midland. Smith, William Owen John; 27 Dudley Street, Mid- land. Turner, Noel Richard; 61 Victoria Street, Midland. Rakuz, John; 6 Hyman Street, South Guildford. Tyrant, Maurice; 9 Lacey Street, Sawyers Valley. Raschella, Romato; 10 Margaret Street, Midland. Unkovich, Jack; 42 Frederick Street, Midland. Reale, Umberto; 35 Bushby Street, Midvale. Urbanski, John Peter; 48 Holmesdale Road, West Regan, Ronald Charles; 113 Great Northern High- Midland. way .Midland. Vallelonga, Ello; 56 Hooley Road, Midland. Reich, Adolf; 17 Mathoura Street, Midvale. Van Luinen, Roelof; 103 Glyde Road, Lesmurdie. Reich, Edward; 17 Mathoura Street, Midvale. Vardy, Arthur; 18 Mile Peg, Great Eastern High- Rennick, Rex Allen; 294 Flinders Street, Mt. way, Glen Forrest. Yokine. Vecelj, Peter; 41 North Street, Midland. Reynolds, H. J.; 44 Clayton Street, Bellevue. Waddell, James Edward; 48 Collier Road, Morley Reynolds, William Henry; 10 Balfour Road, Swan- Park. view. Walker, Stanley; 20 Norman Street, Bellevue. Rivers, Frankie Keith; 16 Albert Street, Bellevue. Waller, Brian; 30 Wellarton Street, Midvale. Rivers, Frederick James; 16 Albert Street, Bellevue. Walsh, Donald Anthony; 5 Merton Way, Hampton Rivers, Robert Sydney; 42 Walter Road, Bassen- Park. dean. Warburton, Arthur; Post Office, Stoneville. Robinson, Sam Reynolds; 13 Arundel Street, Bays- water. Warr, John Charles; 36 Carcoola Street, Nollamara. Romato, Santo; 25 Spring Park Road, Midland. Watkins, Allan; 3 Lister Street, Swan View. Roser, Lennard James; 71 Great Eastern Highway, Watkins, Keith; 5 Loton Avenue, Midland. Bellevue. Welldon, Frederick George; 167 Coolgardie Street, Roser, William; 71 Great Eastern Highway, Belle- Redcliffe. way, Midland. Wesolowski, Anthony Paul; 19 Mathoura Street, Rossi, Guildo; Weir Road, Mundaring. Midvale. Wesolowski, Mark Peter; 19 Mathoura Street, Rowles, John William; 1 Wellaton Street, Midvale. Midvale. Rule, Ernest George; Sawyers Road, Mt. Helena. Wesolowski, Zygmunt; 19 Mathoura Street, Mid- Ryan, Donald James; William Street, Wattle Grove. vale. Southern, John William; 31 Robinson Road, Western, Frederick James; Lefroy Avenue, Herne Bellevue. Hill. Steber, John; Lot 10, Newburn Road, Maida Vale. Whisler, George Stephen; 6 Mathoura Street Stewart, Douglas; Lot 2, Wyatt Road, Bayswater. Midland. (10)—34015 314 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

Whitby, Reginald Arthur; 45 Great Eastern High- On the 9th January, 1967, the Public Service way, Bellevue. Arbtration Act, 1966, came into operation and the Whiteman, Clifford Archibald; 18 Victoria Street, Public Service Arbitrator appointed thereunder was Midland. given jurisdiction, inter alia, to determine, on the White, Claude Thomas John; Old York Road, application of the Civil Service Association of Western Australia Incorporated, the salaries and Greenmount. certain conditions of employment of Government Whittaker, John; 42 Foyle Street, Bayswater. officers. On the same date the Industrial Arbitra- William, Hector; 371 Sydenham Street, Belmont. tion Act Amendment Act (No. 2), 1966, also came Wilson, Dennis John; 58 Sayer Street, Midland. into operation and repealed Part X of the Indus- Wilson, Walter Edward; 19 Ellard Avenue, Belmont. trial Arbitration Act. That part prescribed the means by which matters relating and incidental Wilton, George Abel; No. 1 Boonooloo Road, Kala- to the employment of Government officers had pre- munda. viously been determined. By subsection (2) of Wingrave, Rodney Michael; 39 Lyons Street, Cot- section HA of the Amending Act, and subject to tesloe. its provisions, the Commission in Court Session is Winton, Richard Allen; 11 Brookman Road, Mid- required to direct the Registrar of Industrial Unions land. to register the Civil Service Association as an indus- Woodroffe, Raymond Lloyd; 3 Newton Street, Mor- trial union, even though the Association had not ley Park. complied with the requisitions of the Act relating Woods, George; 34 Warts Street, Midland. to registration of a society as an industrial union. Woods, John William; 4 Quebec Street, West Mid- On the 25th Janury, 1967, the Commission in land. Court Session caused a notice to be published in Wright, Darryl Kevin; 22 Charles Street, Midland. the Western Australian Industrial Gazette and in Wynne, John; 51 Andrew Street, Scarborough. "The West Australian" newspaper in the following Yalis, James; 475 Great Eastern Highway, Green- terms:— mount. The Commission in Court Session pursuant Zaccaguimi, Iltano; 19 William Street, Midland. to the provisions of section HA of the above Zaffino, Vincenzo; 123 Guildford Road, Maylands. Act HEREBY GIVES NOTICE of its intention Zakkas, Bazile; 143 Lake Street, Perth. to direct the Registrar to register the Civil Zuvella, Joseph; 10 Spring Avenue, Middle Swan. Service Association of Western Australia In- corporated as an industrial union. Notice is also given that the Commission Axes Friday the 3rd March, 1967, at 10.30 a.m. at UNIONS- Vapech House, 638 Murray Street, Perth as the date and place of hearing of any objections Registration of- of which notice is given under the said section. CIVIL SERVICE ASSOCIATION. Notices of objection shall be lodged with the Registrar and served on the Association at BEFORE THE WESTERN AUSTRALIAN least seven days prior to the date of hearing. INDUSTRIAL COMMISSION. A copy of the proposed Rules of the Associa- No. 262 of 1967. tion may be inspected at the office of the In- (File No. 1 of 1967.) dustrial Registrar. In the matter of the Industrial Arbitration Act, Under Part X of the Act the Association was 1912-1966, and in the matter of the registration previouslly required to file its rules with the Com- of the Civil Service Association of Western mission and it was those rules which were re- Australia Incorporated as an industrial union ferred to in the aforementioned notice as being pm-suant to section HA of the said Act. available for inspection. On the introduction of Before the Commission in Court Session. the new legislation the importance of those rules, and in particular the membership rule, should have Chief Industrial Commissioner S. F. Schnaars, Esq., been recognised by all the persons likely to be and Mr Commissioners D. E. CORT and J. affected thereby. That membership rule, where R. Flanagan. relevant, reads— The 10th day of March, 1967. Mr B. Collier on behalf of the Civil Service 6—MEMBERSHIP. Association of Western Australia Incorporated. (a) Membership shall be confined to any person Mr I. R. Gunning of counsel for The Western who is:— Australian Gaol Officers' Union of Workers, Fre- (1) a classified officer under the Public Ser- mantle. vice Act; or Mr J. D. Smith on behalf of the Federated Clerks' (2) employed in a temporary capacity under Union of Australia Industrial Union of Workers, the Public Service Act; or W.A., Branch. (3) employed under the Forests Act, the Main Mr W. Kildea on behalf of the Hospital Salaried Roads Act or any Act now in force or Officers Association of Western Australia (Union hereafter enacted whereby any Board, of Workers). Commission or other body is constituted to Mr A. G. Barker on behalf of The Association of administer any such Act; or Architects, Engineers, Surveyors and Draughtsmen (4) otherwise employed on a daily or weekly of Australia, Union of Workers, Western Australian wage, or annual salary, in any of the Division. established branches of the Public Service, including state trading concerns, business Judgment. undertakings and government institutions MR COMMISSIONER SCHNAARS: This is the controlled by boards, in a clerical, pro- unanimous decision of the Commission in Court fessional or general capacity, and in addi- Session. tion any other employee who is not eligible 315

to be a member of any industrial union Midland Junction Abattoir Board— registered under the Industrial Arbitration General Manager, Works Man- Act, 1912-1952, or any amendment thereof. ager, Assistant Works Manager, Following the publication of the aforementioned Secretary, Industrial Officer and notice, for industrial unions, namely, the Federated Supervisors. Clerks' Union of Australia Industrial Union of (ii) Clerical workers who are employed by Workers, W.A. Branch, the Hospital Salaried the Minister for Water Supply, Sew- Officers' Association of Western Australia Union of erage and Drainage or Minister for Workers, the Western Australian Gaol Officers' Works on construction and mainten- Union of Workers, and The Association of Archi- ance work in the field on the jobs or tects, Engineers, Surveyors and Draughtsmen of elsewhere away from Head Office, Australia, Union of Workers, Western Australian with the exception of those employed Division filed notices of objection. To meet the under the provisions of the Public objections of the Clerks' Union and the Hospital Service Act, 1904-66. Salaried Officers' Union and to protect the interests (iii) Persons engaged as wharfingers, of other unions, which had not lodged an objection assistant wharfingers, officers in with the Commission, Mr. Collier, at the hearing charge goods sheds and/or clerks at on the 3rd March, 1967, submitted a suggested rale the ports under the control of the to the Commission for its consideration. That sug- Harbour and Light Department in gested rule reads— Western Australia, with the exception (a) Membership shall be confined to any per- of those employed under the provi- son who is:— sions of the Public Service Act, 1904- (1) a classified officer under the Public Service 66. Act; or (iv) Members of the Western Australian (2) employed in a temporary capacity under Prisons Service with the exception of the Public Service Act; or those employed under the provisions (3) employed under the Forests Act, the Main of the Public Service Act 1904-66. Roads Act or any Act now in force or (v) Persons eligible for membership of— hereafter enacted whereby any Board, The State Electricity Commission of Commission or other body is constituted Western Australia Salaried to administer any such Act; or Officers' Association (Union of (4) otherwise employed on a daily or weekly Workers). wage, or annual salary, in any of the Foremen (Government) Industrial established branches of the Public Service, Union of Workers, W.A. including state trading concerns, business Western Australian Police Union of undertakings and government institutions Workers. controlled by boards, in a clerical, pro- Hospital Salaried Officers' Associa- fessional or general capacity, and in tion of Western Australia, with addition any other employee who is not the exception of Dentists em- eligible to be a member of any industrial ployed by the Perth Dental Hos- union registered under the Industrial pital. Arbitration Act, 1912-66, or any amend- Merchant Service Guild of Aus- ment thereof. tralia, Western Australian Sec- tion, Union of Workers. Provided that the following persons shall not be West Australian Railway Officers' eligible for membership— Union. (i) Clerical officers employed in the under- The Metropolitan (Perth) Pas- mentioned establishments but not senger Transport Trust Officers' those clerical officers employed under Union of Workers. the State Public Service Act, nor those The Royal Australian Nursing occupying positions as hereunder Federation (Western Australian defined in each establishment, nor Branch) Industrial Union of those with a classification equal to or Workers, with the exception of higher than the occupants of the persons employed under the pro- positions as hereunder defined. visions of the Public Service Act, 1904-66. Establishment; Positions. (vi) Such other persons who, at 3rd March, W.A. Meat Export Works—Manager, 1967 occupied positions which were Accountant and Sales Manager. covered by Awards and/or Agreements State Shipping Service—Accoun- registered under the Industrial Arbi- tant, Wharf Superintendent. tration Act, 1912-66 or any persons State Engineering Works—Nil. who subsequent to this date occupy Wyndham Freezing, Canning and the same positions or positions of a Meat Export Works—Nil. similar nature. Western Australian Egg Marketing Under section ha, the Commission in Court Board—Manager, Secretary and Session is obliged to direct the Registrar to register Accountant. the Association but before doing so may direct the Lotteries Commission—Nil. Association to make such amendments to its rules as the Commission thinks fit. To that end the Milk Board of W.A.—Assistant Sec- Commission is required to consider what amend- retary. ments, if any, should be made to the rules at large Fremantle Port Authority—General and not only to the rule relating to membership, Manager, Wharf Manager, Sec- and is bound to act in the interests of all con- retary, Personal Assistant to cerned. In this respect the Commission is not General Manager, Industrial necessarily restricted to the matters raised as be- Officer and Accountant. tween the Association and the objecting unions. 316 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

Before considering those rules, it is desirable to The rules of the Association have been perused refer to the former Part X of the Act. It was and it has been noted that, in addition to the under that Part that the Civil Service Association membership rule, amendments are required in a functioned and enjoyed all the rights and privileges number of respects. However, Mr Collier has in- of an industrial union, even though not registered formed the Commission that it is intended to as such. Notwithstanding what was contained in review those rules in the near future and on that its membership rule the Association, however, only understanding the Association will not be directed operated within the confines of Part X in respect to make any amendment thereto other than to of Government officers. Therein and generally, Rule 6.—Membership. those officers were defined as persons employed in the service of the State but, with other exclusions, With the foregoing as a background, and with- the term did not include any person who was a out overlooking the objections raised, consideration member or was eligible to become a member of has been given to the course which it is proper for an industrial union registered when the Industrial the Commission to follow at this point of time. Arbitration Act Amendment Act, 1961, came into We have finally concluded that, generally, the operation. Under section 11A the term "Govern- direction to be given to the Registrar should be ment officer" is not so limited in that subsection in terms which will enable the Association to con- (1) of that section reads— tinue to protect the interests of the officers for whom it has obtained industrial coverage in the "Government officer" includes— past. In the main, it is those Government officers, (a) every person employed as an officer or who are no longer covered by Part X of the Act, temporary employee under and with- with whom we should now be concerned. Addi- in the meaning of the Public Service tionally, where a worker comes within the present Act, 1904; membership rule of the Association and has no fb) every person employed on the salaried industrial coverage, whether or not he would have staff of— been covered previously by Part X of the Act, then (i) the Commissioner of Main in the absence of objections other than those men- Roads appointed under the tioned, the rule should be wide enough to embrace Main Roads Act, 1930; that worker. (ii) the Forrests Department under This is not to be taken as an expression of the Forests Act, 1918; opinion that other workers should never be eligible (iii) the Commissioner of Transport for membership of the Civil Service Association. constituted under the State That question, which is not to be influenced by Transport Co-ordination Act, this decision, is a matter for the future and is 1933; dependent upon the circumstances at any particular Civ) the Metropolitan Market Trust under the Metropolitan Market Act, 1926; We will therefore direct the Association to amend (v) any public hospital that is its rules by altering the membership rule put before managed and controlled by a us on the 3rd March, 1967, to restrict the member- Minister of the Crown under ship of the Association to workers not covered by and for the purposes of the an award or industrial agreement to which an- Hospitals Act, 1927; or other union is a party. Generally, this may be done (vi) any port authority, harbour by altering placitum (vi) of the proviso to the trust or harbour board; and suggested rule, and, although some of the other (c) every person who is employed in any suggested exclusions may be unnecessary, each Government department, State Trad- should be retained with suitable changes in word- ing Concern, State instrumentality or ing so that in those special cases the exclusion will State agency named in an order of be spelt out in precise terms. In other respects the the Commission in Court Session suggested rule should be altered to give better made pursuant to subsection (6) of expression to what was contained therein. this section, and who is declared by It remains to refer to the objections raised by that order to be a Government officer, the other two unions. By reason of the foregoing and who is or is eligible to become a member conclusion the objection by the Gaol Officers' of the Association; Union will be met but that raised by the Architects, It should be noted, in the first place, that until Engineers, Surveyors and Draughtsmen's Union the Association is registered and the declaration will be dismissed. made—pursuant to subsection (6) of section 11A Since being registered in 1961 that union has not —officers, whose conditions of employment were obtained an award to cover any officer who, by previously determined under Part X, have no this decision, may become eligible for membership access to an industrial authority. Secondly, when of the Association, and the matters raised were a person, who is eligible to belong to the Associa- not sufficiently convincing to cause a further modi- tion, becomes a Government officer by virtue of fication to the proposed rule. paragraphs (a) or (b) or is so declared under para- A proposed membership rule has been drafted graph (c)—unless that declaration is amended pur- and will now be made available. On the 17th suant to subsection (7) of section HA—the Com- March, 1967, the Commission will issue an order mission is precluded by paragraph (f) of subsection directing the Registrar to register the Association (2) of section 61—inserted by the Amending Act when the Association amends its rules in accord- —from regulating "the rates of salary or wages or ance with this decision. the conditions of employment" of any such worker. It is now opportune to refer to the declaration Therefore, in this matter it is incumbent on the to be made, by the Commission in Court Session, Commission to act quickly but with caution lest under subsection (6) of section HA of the Act. The it should inadvertently deprive a worker of a right employers whom the Association consider should be to have his conditions of employment determined named in that declaration have been provided with by the Commission when other industrial coverage a copy thereof and the Commission will hear any may not be readily available. objections from those employers on Friday, the 17th 19 April, 1967.] 317

March, 1967. So far as the declaration is con- schedule, is a Government Department, State Trad- cerned, the Commission's jurisdiction is confined ing Concern, State Instrumentality or State to the persons referred to in paragraph (c) of sub- Agency, within the meaning of the section. section (1) of section 11 A. Finally, we desire to mention that the Association In paragraphs (a) and (b) of that subsection, and those unions which filed objections in respect the Legislature has specified every person employed of the membership rule will be given an opportunity as mentioned therein as a "Government officer", on the aforementioned date to correct any defect provided such person "is or is eligible to become in the rule proposed by the Commission. a member of the Association". Therefore, as an example, and notwithstanding the terms of the declaration, a person employed on the salaried staff of "any public hospital that is managed and con- trolled by a Minister of the Crown under and for BEFORE THE WESTERN AUSTRALIAN the purposes of the Hospital Act, 1927" (para. V), INDUSTRIAL COMMISSION. or "any port authority, harbour trust or harbour No. 262 of 1967. board" (para. VI), will, subject to the membership In the matter of the Industrial Arbitration Act, rule of the Association, be a "Government officer". 1912-1966, and in the matter of the registration The membership rule originally proposed by the of the Civil Service Association of Western Association was so wide in its coverage, and its Australia Incorporated as an industrial union effect, when read in conjunction with the afore- pursuant to section 11A of the said Act. mentioned paragraphs (a) and (b), so far reaching WHEREAS the Commission in Court Session, hav- in determining the persons over whom the Public ing given notice of its intention to direct the Service Arbitrator can exercise jurisdiction that it Registrar to register the Civil Service Association is understandable why the Legislature gave indus- of Western Australia Incorporated as an industrial trial unions and "any employer who employs or union, and having heard Mr B. Collier on behalf usually employs or is likely to employ members of of the said Association and Mr I. R. Gunning of the Association" the right to object to the regis- counsel for The Western Australian Gaol Officers' tration of the membership rule. In this respect, Union of Workers, Fremantle; Mr J. D. Smith on it should be noted that the Association originally behalf of the Federated Clerks' Union of Australia proposed that its membership should include, inter Industrial Union of .Workers, W.A. Branch; Mr alia, and without any other limitations, any person W. Kildea on behalf of the Hospital Salaried who is— Officers Association of Western Australia (Union (3) employed under the Forests Act, the Main of Workers) and Mr A. G. Barker on behalf of Roads Act or any Act now in force or here- The Association of Architects, Engineers, Surveyors after enacted whereby any Board, Com- and Draughtsmen of Australia, Union of Workers, mission or other body is constituted to Western Australian Division, doth hereby direct the administer any such Act; or Registrar to register the Civil Service Association (4) otherwise employed on a daily or weekly of Western Australia Incorporated as an indus- wage, or annual salary, in any of the es- trial union under the said Act if and when the said tablished branches of the Public Service, Association amends its Rules in the following including state trading concerns, business form:— undertakings and government institutions By deleting paragraph (a) of Rule 6—Member- controlled by boards, in a clerical, pro- ship, and inserting in lieu thereof— fessional or general capacity, and in ad- dition any other employee who is not (a) Membership shall be confined to any person eligible to be a member of any industrial who is— union registered under the Industrial Arbi- (1) a classified officer under the Public Ser- tration Act, 1912-1952, or any amendment vice Act, 1904-66; or thereof. (2) employed in a temporary capacity under If that rule had been approved in its original the Public Service Act, 1904-66; or form (and no objections were filed by any employer (3) employed under the Forests Act, the Main to that form), then every person who could be Roads Act or any Act now in force or brought within paragraphs (a) and (b) of section hereafter enacted whereby any Board, 11A (1) would be eligible for membership of the Commission or other body is constituted to Association, and thereby come within the term administer any such Act; or "Government officer". Notwithstanding the lack (4) otherwise employed in any of the estab- of interest by many parties who, directly or in- lished branches of the Public Service, in- directly, must have been aware of all of the im- cluding State trading concerns, business plications of the new legislation and should have undertakings and government institutions been interested in the proposed rule insofar as it controlled by boards. would have a bearing on the aforementioned para- Provided that, subject as hereinafter speci- graphs (a) and (b) or the manner in which the fied, the following persons shall not be eligible Commission may have exercised its jurisdiction in for membership— respect of paragraph (c), the Commission has, on (i) (a) Clerical officers employed in the the limited information available, endeavoured State Engineering Works, the Lot- through both the membership rule and the declara- teries Commission or in one of the tion, to respect the interests of all parties who may undermentioned establishments ex- be affected. cept those employed in the positions Having regard to the foregoing circumstances classified hereunder and those em- the Commission considers it desirable that any ployed in a position, other than a emloyer likely to be affected by the declaration calling referred to in paragraph (iii) under subsection (6) should be given an oppor- of this proviso, which position, on a tunity to lodge an objection. By this means the salary basis, is equal to or higher Commission may be reasonably assured that each than any of the positions so classi- employer, who will be finally named in the fied. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

Establishment; Classified The Royal Australian Nursing Federa- Positions. tion (Western Australian Branch) W.A. Meat Export Works—Ac- Industrial Union of Workers, with countant and Sales Manager. the exception of a person employed in a position which, on the 17th State Shipping Service—Account- March, 1967, was classified under the ant, Wharf Superintendent. provisions of the Public Service Act, Western Australian Egg Market- 1904-66. ing Board—Secretary and Ac- (iii) Persons who are employed by an em- countant. ployer bound by an award made and in Milk Board of W.A.—Assistant force or an industrial agreement regis- Secretary. tered and in force under the Industrial Fremantle Port Authority—Wharf Arbitration Act, 1912-1966, to which an Manager, Secretary, Personal industrial union of workers other than Assistant to General Manager, the Civil Service Association of Western Industrial Officer and Account- Australia Incorporated is a party, in the ant. callings which, on the 17th March, 1967, Midland Junction Abattoir Board were mentioned in any such award or —Works Manager, Assistant agreement. Works Manager, Secretary and Dated at Perth this 17th day of March, 1967. Industrial Officer. (b) Clerical Workers who are employed By the Commission in Court Session, by the Minister for Water Supply, [L.S.] (Sgd) S. F. SCHNAARS, Sewerage and Drainage, the Metro- Commissioner. politan Water Supply, Sewerage and Drainage Board or the Minister for Works on construction and main- tenance work in the field on the job NOTICE. or elsewhere away from Head Office. I, the undersigned Assistant Registrar of the West- (c) Persons engaged as wharfingers, as- ern Australian Industrial Commission hereby give sistant wharfingers, officers in notice that, pursuant to a direction given to me charge goods sheds or clerks at the by an order of the Commission in Court Session ports under the control of the Har- dated the 17th day of March, 1967, I have this bour and Light Department in day registered the Civil Service Association of Western Australia. Western Australia Incorporated as an industrial (d) Members of the Western Australian union, the said association having complied with Prisons Service. the requisitions of the Commission in Court Session (e) The academic staff of the Western as directed in the said order. Australian Institute of Technology. Dated the 20th day of March, 1967. (f) Notwithstanding the provisions of (a), (b), (c), (d) or (e) hereof a R. R. ELLIS, person employed in a position which, Assistant Industrial Registrar. on the 17th March, 1967, was classi- fied under the Public Service Act, 1904-66, or a person employed in a position, other than in a calling re- BEFORE THE WESTERN AUSTRALIAN ferred to in paragraph (iii) of this INDUSTRIAL COMMISSION. proviso, which position, on a salary basis, is equal to or higher than any No. 262 of 1967. of the positions so classified shall be In the matter of the Industrial Arbitration Act, eligible for membership. 1912-1966, and in the matter of a declaration (ii) Persons eligible for membership of— under section 11A of the said Act. The Commission Agents Union of THE Commission in Court Session doth hereby Workers of Western Australia. order and declare— The State Electricity Commission of That pursuant to the provisions of subsec- Western Australia Salaried Officers' tion (6) of section 11A of the Industrial Arbi- Association (Union of Workers). tration Act, 1912-1966, every person who is or Foremen (Government) Industrial is eligible to become a member of the Civil Union of Woi-kers, W.A. Service Association of Western Australia (in- Western Australian Police Union of corporated) and who is employed on an annual Workers. salary or in a position similar to that occupied Hospital Salaried Officers' Association by a person on an annual salary or who is of Western Australia, with the ex- otherwise employed in a position similar to ception of Dentists employed by the that occupied by an officer or temporary em- Perth Dental Hospital. ployee under and within the meaning of the Public Service Act, 1904-1966 in any Govern- Merchant Service Guild of Australia, ment Department, State Trading Concern, Western Australian Section, Union State Instrumentality or State Agency named of Workers. in Schedule A of this Order, is a Government West Australian Railway Officers' Officer within the meaning of section 11A of Union. the said Act, unless he is employed by an The Metropolitan (Perth) Passenger employer bound by an award made and in force Transport Trust Officers' Union of or an industrial agreement registered and in Workers. force under the Industrial Arbitration Act, 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 319

1912-1966, to which an industrial union of workers other than the Civil Service Associa- APPRENTICES - tion of Western Australia Incorporated is a party, in the callings which, on the 17th March, Application to Reduce Term of 1967, were mentioned in any such award or agreement. Registered Apprenticeship Dated at Perth this 17th day of March, 1967. Agreements— By the Commission in Court Session, BEFORE THE WESTERN AUSTRALIAN [L.S.] (Sgd) S. P. SCHNAARS, INDUSTRIAL COMMISSION. Commissioner. No. 266 of 1967. In the matter of Apprenticeship Regulations, 1964, and in the matter of an apprenticeship agreement made the 1st day of July, 1962, and Schedule A. registered on the 24th day of October, 1962, between the Shack Motors (employer); Frank Department of Agriculture. Peter Yakis (apprentice); and Frank Yakis Audit Department. (parent); in the trade of motor Motor Chief Secretary's Department. Mechanics. Child Welfare Department. HAVING read and considered the application Crown Law Department. herein made under regulation 11 of the above- mentioned regulations and having considered the Education Department. recommendation of the Western Australian Ap- Electoral Department. preniceship Advisory Council in relation thereto Department of Fisheries and Fauna, and by consent of all the parties to the above Forests Department. agreement and the consent of the Amalgamated Engineering Union and the Australasian Society Department of Industrial Development. of Engineers, I, the undersigned Chief Industrial Department of Labour. Commissioner of the Western Australian Industrial Department of Lands and Surveys. Commission, in pursuance of the powers contained Local Government Department. in the said regulations and all powers therein Medical Department. enabling me do hereby approve of a reduction in the term in said agreement to the extent that the Mental Health Services. said apprenticeship shall be deemed to have been Metropolitan Water Supply, Sewerage and Drain- satisfactorily completed at the date of this Order. age Board. Department of Mines. Dated at Perth this 10th day of March, 1967. Department of Native Welfare. [L.S.I (Sgd) S. F. SCHNAARS, Police Department. Commissioner. Premier's Department. Public Health Department. BEFORE THE WESTERN AUSTRALIAN Public Service Commissioner's Office. INDUSTRIAL COMMISSION. State Housing Commission. No. 267 of 1967. Public Works Department. In the matter of Apprenticeship Regulations, 1964, State Government Insurance Office. and in the matter of various registered ap- Town Planning Department. prenticeship agreements and applications to Treasury Department. reduce the terms thereof. (Private Employ- Workers' Compensation Board. ment.) Agriculture Protection Board. HAVING read and considered the applications herein made under regulation 11 of the abovemen- Midland Junction Abattoir Board. tioned regulations and having considered the Swan River Conservation Board. recommendation of the Western Australian Ap- Health Education Council of W.A. prenticeship Advisory Council in relation thereto Library Board of Western Australia. and by consent of all the parties to the above apprenticeship agreements in connection with The Milk Board of Western Australia. which the applications are made and the consent The Western Australian Art Gallery Board. of the Unions concerned, I, the undersigned Chief The Western Australian Museum Board. Industrial Commissioner of the Western Australian The Western Australian Institute of Technology. Industrial Commission, in pursuance of the powers contained in the said regulations and all powers The Western Australian Fire Brigades Board. therein enabling me do hereby approve of the The Totalisator Agency Board. terms of the agreements of apprenticeship as set The Council for the Advancement of the Junior out and identified in the said schedule hereto being Farmers' Movement. reduced from five years to four years and confirm The Western Australian Meat Export Works. the agreement demonstrated by each application Perth Dental Hospital. that any periods of technical training lost as a result of the reduction in terms approved herein Department of Transport. be made up in the remaining years of apprentice- Main Roads Department. ship. Metropolitan Markets Trust. Dated at Perth this 10th day of March, 1967. Fremantle Port Authority. [L.S.] (Sgd) S. F. SCHNAARS, King's Park Board. 1 Commissioner. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

Schedule. W. R. Groves; Motor Mechanic; Shack Parts and 1965 Registrations—Private Employment. Services; 6 months. Name; Trade; Employer. N. W. Rowse; Motor Mechanic; Shack Parts and V. M. Debono; Boilermaking/Welding/Steel Con- Services; 6 months. struction; Vickers Hoskins Pty Ltd. A. A. Massara; Motor Mechanic; Shack Parts and R. E. Shellabear; Motor Mechanic; Pioneer Metro Services; 6 months. Tours. M. M. Urquhart; Motor Mechanic; Webb's Auto R. J. Forrest; Refrigeration Fitting; Adams Elec- Service; 6 months. tric. P. Bowering; 1st Class Welding; CSBP & Farmers I. F. Peterkin; Refrigeration Fitting; W.A. Fridge Ltd.; 6 months. Repair Co. J. L. Blay; 1st Class Welding; CSBP & Farmers J. R. Mills; Fitting and Turning; B. H. B. Collins Ltd.; 6 months. Pty Ltd. M. H. Ynema; 1st Class Welding; J. E. Taylor; 6 T. W. Filer; Fitting; Dillingham Ship Yards. months. B. F. Hoskin; Boilermaking, Steel Construction and 1st Class Welding; Melville Tubular Building Co.,; 6 months. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 268 of 1967. BEFORE THE WESTERN AUSTRALIAN In the matter of Apprenticeship Regulations, 1964, INDUSTRIAL COMMISSION. and in the matter of various registered ap- No. 269 of 1967. prenticeship agreements and applications to In the matter of Apprenticeship Regulations, 1964, reduce the periods thereof. (Private Employ- and in the matter of various registered ap- ment) . prenticeship agreements and applications to HAVING read and considered the applications reduce the terms thereof. (Private Employ- herein made under regulation 11 of the above- ment.) mentioned regulations and having considered the HAVING read and considered the applications recommendation of the Western Australian Ap- herein made under regulation 11 of the above- prenticeship Advisory Council in relation thereto mentioned regulations and having considered the and by consent of all parties to the above Ap- recommendation of the Western Australian Ap- prenticeship Agreements in connection with which prenticeship Advisory Council in relation thereto the applications are made and the consent of the and by consent of all the parties to the above Unions concerned, I, the Chief Industrial Commis- apprenticeship agreements in connection with sioner of the Western Australian Industrial Com- which the applications are made and the consent mission in pursuance of the powers contained in of the unions concerned, I, the undersigned Chief regulation 11 of the above regulations and all other Industrial Commissioner of the Western Australian powers therein enabling me do hereby approve of Industrial Commission, in pursuance of the powers the terms of the agreements of apprenticeship as contained in the said regulations and all powers set out and identified in the schedule hereto being therein enabling me do hereby approve of the terms reduced by the various periods indicated in the of the agreements of apprenticeship as set out and said schedule and confirm the agreement demon- identified in the said schedule hereto being reduced strated by each application that any periods of from five years to four years and confirm the technical training lost as a result of the reduc- agreement demonstrated by each application that tion in terms approved herein be made up in the any periods of technical training lost as a result remaining years of apprenticeship. of the reduction in terms approved herein be made Dated at Perth this 10th day of March, 1967. up in the remaining years of apprenticeship. [L.S.] 'Sgd) S. F. SCHNAARS. Dated at Perth this 10th day of March, 1967. Commissioner. [L.S.] (Sgd) S. F. SCHNAARS, Commissioner. Schedule. Reduction of Apprenticeship Terms—Private Schedule. Employment. Reductions of One Year—Private Employment. Name; Trade; Employee; Reduction in term. Name; Trade; Employer. D. B. Adams; Automotive Electrical Fitting; R. W. Taylor; Boilermaking; Vickers Hoskins Pty Joseph Lucas Pty. Ltd; 1 month. Limited D. W. Regan; Fitting; A. R. C. Engineering; 2 C. C. Mitchell; Boilermaking/Welding; J&E months. Ledger Pty Limited. J. R. Dunn; Boilermaking and Steel Construction; B. Mikolajczyk, Fitting and Turning; Albany Tubular Steel Structures; 2 months. Superphosphate Co. Pty Ltd. J. W. Newhill; Boilermaking—Steel Construction; A. L. Rasmussen; Fitting and Turning; Wyndham Forwood Downs Pty. Ltd.; 2 months. Meatworks. H. E. Fennell; Boilermaking—Steel Construction; P. W. Sargent; Fitting and Turning; Wyndham Forwood Downs Pty. Ltd; 3 months. Meatworks. M. W. Van Dongen; Boilermaking—Steel Construc- T. L. Brittain; Motor Mechanics; Anderson Ford tion; Forwood Downs Pty. Ltd.; 3 months. Pty Ltd. S. R. Johnston; 1st Class Welding; CSBP & G. Cinanni; Electrical Fitting; Tomlinson Steel Farmers Ltd.; 5 months. Ltd. P. Cardew; Motor Mechanic; Shack Parts and R. K. Quirk; Spray Painting; Coalfields Panel Services; 6 months. Beaters. 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 321

BEFORE THE WESTERN AUSTRALIAN being reduced from five years to four years and INDUSTRIAL COMMISSION. confirm the agreement demonstrated by each application that any periods of technical train- No. 270 of 1967. ing lost as a result of the reduction in terms In the matter of Apprenticeship Regulations, 1964, approved herein be made up in the remaining and in the matter of various registered Ap- years of apprenticeship. prenticeship agreements and applications to Dated at Perth this 10th day of March, 1967. reduce the periods thereof. (Government Employment.) [L.S.I (Sgd) S. F. SCHNAARS, Commissioner. HAVING read and considered the applications herein made under regulation 11 of the abovemen- tioned regulations and having considered the recommendation of the Western Australian Ap- Schedule. prenticeship Advisory Council in relation thereto Reductions of One Year—Government and by consent of all parties to the above ap- Employment. prenticeship agreements in connection with which the applications are made and the consent of the Name; Trade; Department. Unions concerned, I, the undersigned Chief Indus- K. Nixon; Boilermaking/Welding; State Engineer- trial Commissioner of the Western Australian In- ing Works. dustrial Commission, in pursuance of the powers contained in the said regulations and all powers A. L. Hetherington; Motor Mechanics; Metropoli- therein enabling me do hereby approve of the tan Water Supply. terms of the agreements of apprenticeship as set B. F. Youngs; Tractor Fitting; Main Roads De- out and identified in the said schedule hereto partment. being reduced from five years to four years and confirm the agreement demonstrated by each R. J. Wesley; Electrical Fitting; State Shipping application that any periods of technical train- Service. ing lost as a result of the reduction in terms ap- T. C. Rolfe; 1st Class Welding; Metropolitan Water proved herein be made up in the remaining years Board. of apprenticeship. Dated at Perth this 10th day of March, 1967. [L.S.] (Sgd) S. F. SCHNAARS, Commissioner. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. Schedule. No. 272 of 1967. In the matter of clause 45 of the Railway Em- 1965 Registrations—Government Employment. ployees' Award (Consolidated 1964), No. 3 of Name; Trade; Employer. 1961, and in the matter of various registered C. J. Langridge; Tractor Fitting; Main Roads apprenticeship agreements and applications to Department. reduce the periods thereof. (W.A.G.R. Employ- P. G. Skeet; Panel Beating; M.T.T. ment.) HAVING read and considered the applications herein and having considered the recommendation of the Western Australian Apprenticeship Advisory Council in relation thereto and by consent of the parties to the apprenticeship agreements in con- nection with which the applications are made and BEFORE THE WESTERN AUSTRALIAN the consent of the Unions concerned I, the Chief INDUSTRIAL COMMISSION. Industrial Commissioner of the Western Australian No. 271 of 1967. Industrial Commission in pursuance of the powers contained in clause 45 of the above Award and In the matter of Apprenticeship Regulations, 1964, all other powers therein enabling me do hereby and in the matter of various registered ap- approve of a reduction in the terms in said agree- prenticeship agreements and applications to ments to the extent that the said apprenticeships reduce the periods thereof. (Government shall be deemed to have been satisfactorily com- Employment.) pleted at the date of this Order. HAVING read and considered the applications Dated at Perth this 10th day of March, 1967. herein made under regulation 11 of the above- mentioned regulations and having considered the [L.S.] (Sgd) S. F. SCHNAARS, recommendation of the Western Australian Ap- Commissioner. prenticeship Advisory Council in relation thereto and by consent of all parties to the above ap- prenticeship agreements in connection with which the applications are made and the consent of the Schedule. Unions concerned, I, the undersigned Chief Indus- Reductions of Balance of Term—W.A.G.R. trial Commissioner of the Western Australian Name; Trade. Industrial Commission, in pursuance of the powers K. A. Chapman; Turning and Iron Machining. contained in the said regulations and all powers therein enabling me do hereby approve of the D. Stalteri; Mechanical Fitting. terms of the agreements of apprenticeship as set R. Loveday; Mechanical Fitting. out and identified in the said schedule hereto B. J. Coyle; Mechanical Fitting. 322 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [19 April, 1967.

BEFORE THE WESTERN AUSTRALIAN Schedule. INDUSTRIAL COMMISSION. Reductions of One Year—W.A.G.R. Employment. No. 274 of 1967. Name; Trade. In the matter of clause 45 of the Railway C. L. Roberts; Mechanical Fitting. Employees' Award (Consolidated 1964), No. 3 R. R. Hopper; Mechanical Fitting. of 1961, and in the matter of various regis- tered apprenticeship agreements and applica- A. E. Pendlebury; Mechanical Fitting. tions to reduce the periods thereof. (W.A.G.R.) R. D. Bassett; Scale Adjuster. HAVING read and considered the applications herein and having considered the recommendation of the Western Australian Apprenticeship Advisory Council in relation thereto and by consent of the parties to the apprenticeship agreements in con- BEFORE THE WESTERN AUSTRALIAN nection with which the applications are made and INDUSTRIAL COMMISSION. the consent of the unions concerned I, the Chief No. 276 of 1967. Industrial Commissioner of the Western Australian Industrial Commission in pursuance of the powers In the matter of the Apprenticeship Regulations, contained in clause 45 of the above award and 1964, and in the matter of various registered all other powers therein enabling me do hereby apprenticeship agreements and applications to approve of the terms of the agreements of ap- reduce the terms thereof. (Private Employ- prenticeship as set out and identified in the ment.) schedule hereto being reduced by the periods indi- HAVING read and considered the applications cated in the said schedule attached hereto and herein made under Regulation 11 of the abovemen- confirm the agreement demonstrated by each tioned regulations and having considered the application that any periods of technical training recommendation of the Western Australian lost as a result of the reduction in terms approved Apprenticeship Advisory Council in relation herein be made up in the remaining years of ap- thereto and by consent of the parties to the prenticeship. apprenticeship agreements in connection with which the applications are made and the consent Dated at Perth this 13th day of March, 1967. of the unions concerned, I, the undersigned Chief [L.S.l (Sgd) S. F. SCHNAARS, Industrial Commissioner of the Western Australian Commissioner. Industrial Commission, in pursuance of the powers contained in the said regulations and all powers therein enabling me do hereby approve of a reduc- Schedule. tion in the terms in said agreements to the extent Reductions of Several Months—W.A.G.R. that the said apprenticeships shall be deemed to Name Trade; Reduction. have been satisfactorily completed at the date of P. G. Wardrope; Boilermaking; 2 months. this Order. G. J. Brehaut; Mechanical Fitting; 6 months. Dated at Perth this 13th day of March, 1967. [L.S.l (Sgd) S. F. SCHNAARS, Commissioner.

BEFORE THE WESTERN AUSTRALIAN Schedule. INDUSTRIAL COMMISSION. Balance of Term—Private Employment. No. 275 Of 1967. Name; Trade; Employer. In the matter of clause 45 of the Railway W. J. Treby; Refrigeration Fitting; W. B. Treby. Employees' Award (Consolidated 1964), No. 3 J. J. Martin; Motor Mechanics; Massey Ferguson of 1961, and in the matter of various regis- Sales and Service. tered apprenticeship agreements and applica- R. J. Rolfe; 1st Class Welding; CSBP & Farmers. tions to reduce the periods thereof. (W.A.G.R. Employment.) HAVING read and considered the applications herein and having considered the recommendation of the Western Australian Apprenticeship Advisory BEFORE THE WESTERN AUSTRALIAN Council in relation thereto and by consent of the INDUSTRIAL COMMISSION. parties to the apprenticeship agreements in con- No. 279 of 1967. nection with which the applications are made and In the matter of clause 45 of the Railway Em- the consent of the unions concerned, I, the Chief ployees' Award (Consolidated 1964), No. 3 of Industrial Commissioner of the Western Australian 1961, and in the matter of an apprenticeship Industrial Commission in pursuance of the powers agreement made the 23rd day of April, 1964, contained in clause 45 of the above award and all and registered on the 29th day of July, 1964, other powers therein enabling me do hereby ap- between the Western Australian Government prove of the terms of the agreements of ap- Railways (employer); Pierre Maarten Hubert prenticeship set out and identified in the Vosbergen (apprentice); and Carel Ary Vos- schedule hereto being reduced from five years bergen (parent); in the trade' of Moulding. to four years and confirm the agreement demon- strated by each application that any periods of HAVING read and considered the application technical training lost as a result of the reduction herein and having considered the recommendation in terms approved herein be made up in the re- of the Western Australian Apprenticeship Advisory maining years of apprenticeship. Council in relation thereto and by consent of the parties to the apprenticeship agreement in connec- Dated at Perth this 13th day of March, 1967. tion with which the application is made and the [L.S.l (Sgd) S. F. SCHNAARS, consent of the unions concerned, I, the Chief In- Commissioner. dustrial Commissioner of the Western Australian 19 April, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 323

Industrial Commission in pursuance of the powers Council in relation thereto and by consent of the contained in clause 45 of the above Award and all parties to the Apprenticeship Agreements in con- other powers therein enabling me do hereby approve nection with which the applications are made and of a reduction of the term of the agreement of the consent of the unions concerned, I, the Chief apprenticeship herein from five years to four years Industrial Commissioner of the Western Austra- and confirm the agreement demonstrated by the lian Industrial Commission in pursuance of the application that any period of technical training powers contained in clause 45 of the above award lost as a result of the reduction in term approved and all other powers therein enabling me do hereby herein be made up in the remaining years of approve of the terms of the agreements of appren- apprenticeship. ticeship as set out and identified in the schedule Dated at Perth this 7th day of April, 1967. hereto being reduced from five years to four years and confirm the agreement demonstrated by each (Sgd) S. P. SCHNAARS. application that any periods of technical train- [L.S.] Commissioner. ing lost as a result of the reduction in terms approved herein be made up in the remaining years of apprenticeship. BEFORE THE WESTERN AUSTRALIAN Dated at Perth this 15th day of March, 1967. INDUSTRIAL COMMISSION. [L.S.] (Sgd) S. F. SCHNAARS, No. 280 of 1967. Commissioner. In the matter of clause 45 of the Railway Employees' Award (Consolidated 1964), No. 3 of 1961, and in the matter of various regis- tered apprenticeship agreements and applica- Schedule. tions to reduce the periods thereof. (W.A.G.R. Reductions of One Year—W.A.G.R. Employment. Employment.) Name; Trade. HAVING read and considered the applications herein and having considered the recommendation G. Mergillo; Boilermaking. of the Western Australian Apprenticeship Advisory S. F. Cable; Mechanical Fitting.