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Sub-part 6 WEDNESDAY, 29th JUNE, 1966 No. 46-Part 1

Preliminary Judgment. THE COMMISSIONER: In this matter the several METAL TRADES. metal trades unions filed a reference of industrial (General.) dispute which, on its face, sought an award which BEFORE THE WESTERN AUSTRALIAN would replace the present Metal Trades (South- INDUSTRIAL COMMISSION. west Land Division) Award, the Metal Trades (Northern and Eastern Districts) Award and the No. 13 Of 1965. Metal Trades (Timber Industry) Award, and which Between State Executive, Australasian Society of would, in addition, apply to the iron ore mining in- Engineers Industrial Association of Workers; dustry carried on in Yampi Sound and the as- Electrical Trades Union of Workers of Australia bestos mining industry carried on at Wittenoom (Western Australian Branch); Coastal District Gorge. Committee Amalgamated Engineering Union Objections were made by employers in the timber Association of Workers; Federated Moulders industry and by the two employers concerned with (Metals) Union of Workers, Western Aust- the branches of the mining industry just mentioned ralia; the Boilermakers' Society of Australia, and on 13th August, 1965 (45 W.A.I.G. p. 645), as Union of Workers, Coastal Districts, W.A.; a result of a preliminary hearing, the Commission Boilermakers' Society of Australia, Union of ruled against the objectors in the timber industry Workers, Kalgoorlie Branch, No. 11, Ap- and in favour of the other two objectors. As a plicants, and Saunders & Stuart Pty. Ltd., consequence the original reference of dispute was Forwood Down (W.A.) Ltd., and others, res- divided, so that reference ISA of 1965 (referable to pondents. iron ore mining in Yampi Sound) and reference Before Mr. Commissioner E. R. Kelly. 13B of 1965 (referable to asbestos mining at Wit- The 20th Day of May, 1966. tenoom Gorge) were set apart in order that they Mr. R. Anderson on behalf of the State Execu- could be heard and determined separately at a tive, Australasian Society of Engineers Industrial later time. Association of Workers. Since that preliminary decision the present Mr. O. K. Salmon on behalf of the Electrical applicants have indicated that they will seek to Trades Union of Workers of Australia (Western use reference No. 13A of 1965 as a means of binding Australian Branch). all employers engaged in iron ore mining and the Mr. J. Mutton on behalf of the Coastal District Commission understands that, in addition, a sep- Committee Amalgamated Engineering Union Assoc- arate reference is in course of preparation for an iation of Workers. award to apply to construction work in the North- Mr. B. O'Connor on behalf of the Federated west of the State. Moulders (Metals) Union of Workers, Western Aus- Apart from the awards and prospective awards tralia. referred to above there are in existence the fol- Mr. F. Bastow on behalf of the Boilermakers' lowing awards:— Society of Australia, Union of Workers, Perth and Metal Trades (Ord River). Kalgoorlie Branches. Metal Trades (Board Charges—Ord River). Mr. J. Ince on behalf of the respondent em- Metal Trades (S.W. Land Division Industrial ployers. Construction). Mr. L. Boylan on behalf of Charcoal Iron & Steel Metal Trades (Alumina Refinery Construction). Industry. Metal Trades (Daggers—Alumina Refinery Mr. G. E. Pryke intervened on behalf of the Swan Construction). Brewery Company Limited and others. Metal Trades (Oil Refinery Extensions Con- Mr. P. Troy intervened on behalf of the Feder- struction) . ated Ship Painters' and Dockers' Union of Austra- Metal Trades (North West Cape Communica- lia, Western Australian Branch. tions Centre Construction). 708 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

The Metal Trades (South-West Land Division Having become aware of them I turned my at- Industrial Construction) Award applies to "con- tention to whether it was possible to avoid those struction work on a site of an industrial construc- consequences, and, if so, whether it was desirable tion project" within the South-West Land Divi- that they be avoided. As to the possibilities, it is, sion but excluding the area comprised within a I think, clear that the Alumina Refinery Construc- twelve mile radius of the G.P.O., Perth, and also tion Award could be made to survive by excluding excluding the site of the Alumina Refinery at the site from the area of operation of the award Naval Base. As a result of a compulsory confer- now to be made. It is, however, far from clear, ence m connection with an industrial dispute re- particularly (but not only) in view of the diffi- lating to the construction of new premises for culty in giving any precise meaning to the expres- Australian Paper Manufacturers Ltd., at Spear- sion "industrial construction project", that a simi- wood, the Chief Commissioner extended the opera- lar course of action is open with respect to the tion of the award to that site on 31st May, 1965. South-West Land Division Construction Award. The award does not define the expression "indus- Even if it were possible, however, I have come to trial construction project" and when the present the conclusion that the new Metal Trades Award parties were before me in 1964 on an application should, as far as possible, replace all existing to extend the area of operation of the award to awards, and I have done so for reasons which I the Metropolitan area, they were unable to pro- now set out. vide a satisfactory definition except in the It is the responsibility of the Commission so negative sense that the expression was not intended far as lies within its power, not only to settle to embrace the construction of "commercial" industrial disputes but to prevent them. To allow buildings. the existing situation to continue and develop The Oil Refinery Extensions Construction award would not, in my view, be conducive to that end. was made in 1962 for a term of one year. Its term That situation, and its immediately contemplated had expired when the South-West Land Division developments would result in a General Metal Construction Award was made and, in the absence Trades Award applying throughout the State to all of any exclusion in its favour, would appear to be maintenance and production work (other than properly regarded as having been replaced by the such work in goldmining, iron ore mining and latter award. asbestos mining), to all "commercial" construction The Alumina Refinery Construction Award, made work and, except for the A.P.M. site, to all "indus- for the construction of the original refinery and trial" construction work (whatever that expres- now being applied to the construction of the exten- sion may mean) within a radius of twelve miles sions, was issued in August 1962 for a term of one of the G.P.O., Perth. The South-West Land Divi- year. sionsion Construction Award would continue to The North-West Cape Award was made in April operate in respect to "industrial" construction in 1964 for a term of three years, and applies only that area and a separate construction award (pre- to Increment I of that project. sumably "industrial") would be sought for the In the present reference of industrial dispute North-West. In addition, an award would be clause 5 (Area and Scope) was an agreed clause sought to apply to maintenance work in the iron and was in these terms:— ore mining industry. Apart from the wholly un- This award shall have effect throughout necessary confusion that would arise from this the whole of the State of Western Australia multiplicity of awards, there are other factors and shall apply to all workers classified in the which make it plain that the situation just Second Schedule. described should be avoided. One of the best known causes of industrial un- Among the agreed respondents to the reference rest is the existence of different conditions of were electrical contractors, constructional engi- employment for workers of the same type employed neers, general engineers and structural engineers. on work of essentially the same character. When In particular the following firms, each of which such differences exist, no matter for how short a are respondents to the South-West Land Division time, industrial unrest is generated and the longer Construction Award, were cited, namely: Simon- the time that elapses before they are removed, the Carves (Aust.) Pty. Ltd., Crew & Sons Pty. Ltd., more likely is it that serious disputes will occur. J. &. E. Ledger Pty. Ltd., Tomlinson Steel Ltd., Such differences exist at the moment between the Saunders & Stuart Ltd. conditions prescribed under the South-West Land In addition, the schedule of Respondents con- Division Construction Award and those prescribed tained—John Holland Constructions Pty. Ltd., under the Alumina Refinery Construction Award Christian! & Nielsen (Australia), Bell Bros. Pty. and, as the parties will know, those differences were, Ltd., Perron Bros. Pty. Ltd. and many others who within the last three weeks either the cause of are engaged in construction work on both "indus- or the excuse for a strike. trial" and "commercial" projects. To now issue an award which would substan- It is apparent, therefore, that an award issued tially improve the conditions of employment of in the terms of the claim would, in fact, replace metal trades workers in some sections of private the South West Land Division Construction Award industry but which would not, for some time, and the Alumina Refinery Construction Award. It (and in some cases, for some appreciable time) would, furthermore, apply to all construction work result in similar improvements for metal trades carried on throughout the State except for what workers employed in other sections of private in- remains of Increment I of the North-West Cape dustry would, in my opinion, be to court industrial project. It is also apparent to me that, notwith- unrest rather than to prevent it. In saying this standing the agreed provisions to which I have I emphasize that the Commission has no power, referred, the consequences flowing from those pro- of its own motion, to amend existing awards. The visions were not apprehended by the parties at Commission's powers in this regard are depen- any time during the proceedings, nor, I must con- dent on an application being made to it by the fess, did I become fully aware of them until I had party desiring a change, and, in most cases, that reached a late stage in my consideration of the party is the union. Bearing this in mind it is disputed claims. a matter of simple arithmetic that the more awards 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 709

there are to he amended, the greater the delay prior to the final issuing of the award. If neces- which will occur. In this connection it should sary a provision can then be inserted to the effect also be observed that the Commission has a duty that until further order, the provisions of the to deal as expeditiously as possible with the claims present Yampi Award (other, perhaps, than made on behalf of all workers and not only with margins) shall continue to apply. those made on behalf of members of the applicant The course which I have adopted required con- unions and to this end also it is desirable that an siderable redrafting of the minutes of the award unnecessary multiplication of awards in this and and that, together with the demands placed on other industries be avoided. the Commission's clerical resources by Mr. Com- My recognition of the predicament created by missioner Cort's decision in the Building Trades' the present reference occurred during my con- case has rendered it impossible for my detailed sideration of a claim made for a construction reasons for judgment on the issues raised by the allowance for electrical tradesmen. The claim parties in the proceedings before me to be was, on the evidence and in my opinion, justified. available for today. In view of the turn which The amount claimed was two dollars and twenty- events have taken, however, I deemed it advisable five cents per week. No claim was made, how- to issue the minutes of the proposed award as ever, for a similar allowance for any other worker soon as it was ready, so that the parties could and, as a consequence, if an award had been made consider the matters raised in this judgment in the terms claimed by the unions, an electrical earlier than would otherwise be the case. installer working on the construction of a multi- I anticipate that my detailed reasons, covering storeyed building would receive an allowance of somewhat more than one hundred separate dis- two dollars and twenty-five cents whilst welders puted provisions, will be available by the end of and riggers (for example) employed on the same next week. For the present I will simply indicate site would receive no such allowance. The poten- the principal areas in which changes have been tial for unrest in such a situation is, I think, made. In doing so I mention that many provisions, obvious. including agreed provisions, have been redrafted Occasions of equal potential for industrial un- and each provision in the minutes should be care- rest would arise if the award now to be made fully examined by the parties prior to the Speak- applied to "commercial" construction projects but ing to the Minutes. not to "industrial" ones. It is for these reasons that I have come to the Clause 5.—Definitions. conclusion that this award should be made to A definition of the term "cadet" has been in- apply to all classes of work throughout the State. cluded. When I first came to this conclusion I gave con- "Casual worker" has been defined as a worker sideration to calling the parties together to discuss engaged and paid as such but the parties should the questions involved, but I decided against that consider this definition in conjunction with the course for three reasons. First, because I con- provisions of subclause (7) of the Contract of sidered that the parties could better appreciate Service clause. what was involved if they had before them a A definition of the term "construction work" has consolidated document; secondly, because I be- been included and the parties should carefully lieved that the pressures of sectional interests on examine this definition before the Speaking to the both sides might well make any such discussions Minutes. fruitless; and thirdly, because to have done so "Patternmaker" has been defined so as to ex- would have caused unnecessary delay in issuing clude a tradesman filing or finishing metal patterns. this award. A new classification entitled "first class mach- In drawing up a consolidated document I have inist (tool room)" has been included; and incorporated, with such modifications as appeared The classification "lagger" has been defined in necessary, the essential provisions of existing con- the terms of the Lagging (Alumina Construction) struction awards. In the Distant Work clause, Award. for example, I have included provisions from the South-West Land Division (Industrial Construc- Clause 6.—Preference to Unionists. tion) Award and from the North West Cape Con- Preference has been extended to the Amalga- struction Award. In doing so, I have gone outside mated Engineering Union and the Boilermakers' the specific claims and the parties may address Society solely by reason of the incorporation of me as fully as they wish on any such matters at provisions of the construction awards. the Speaking to the Minutes. I emphasise that, Clause 7.—Contract of Service. in incorporating such provisions I have not formed This clause has been completely re-drafted and a definite opinion on their merits and I will not do so until the parties have had an opportunity should be carefully examined by the parties before to present whatever submissions they deem rele- the Speaking to the Minutes. vant. In this connection I am aware that, as a The clause previously entitled "Breakdowns" has result of the recent strike to which I have re- been incorporated into this clause and the em- ferred, applications have been made to amend the ployer's entitlement to deduct wages when a stop- South-West Land Division and the Alumina Re- page of work results from a breakdown of mach- finery Construction Awards. Those applications inery has been made conditional upon the union's will now become redundant but the parties may agreement or the determination of a Board of address me at the Speaking to the Minutes on Reference. the provisions to which they related. Clause 10.—Apprentices. As an alternative course, I will be prepared to The "approved shop" provisions have been dis- reserve liberty to apply with respect to any matters continued but apprentices may be taken in excess relating to construction work on which the parties of a ratio of one apprentice to two journeymen if can show good reason for such a reservation. the union concerned so agrees or if the appro- As at present advised, it seems to me that the priate Apprenticeship Advisory Board so recom- iron ore mining companies should be joined as mends and the Commission so determines. respondents subject to the conditions just re- Existing approvals under the "approved shop" ferred to. I will hear the parties on this question provision are cancelled. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

Provision has been included for the term of First Schedule.—Wages. apprenticeship to be three years following com- pletion of an approved pre-apprenticeship course. A margin has been fixed for first class mach- Apprentices from country districts will now be re- inist (tool room) at an amount of one dollar and quired to attend an approved technical centre for twenty-five cents in excess of the margin of an two weeks' training each year without loss of pay. ordinary first class machinist. The margin for an electrical installer is now set Clause 12.—Employment of Females. at the general rate for tradesmen. The Board of Reference has been given power The margins for riggers and splicers on ships to declare that any specified work under this award and buildings have been increased so that a rigger is unsuitable for females. who is the licence holder for the purposes of the Inspection of Scaffolding Act, will receive a margin Clause 14.—Hours. of eleven dollars and fifty cents and a rigger who Clause 15.—Overtime. holds a licence under the said Act or who is fully Clause 16.—Shift Work. experienced as a rigger will receive a margin of The provisions of these clauses have been subject nine dollars and thirty cents. Other riggers on to considerable re-drafting and as they now include ships and buildings will be paid a margin of seven provisions relating to construction work, will re- dollars and thirty cents. quire careful consideration by the parties. Tradesmen's margins generally have been raised In clause 15, overtime rates have been prescribed to fifteen dollars and fifty cents. on the basis of double time after two hours' over- The rates for junior females have been increased. time on Monday to Friday and double time after An allowance for workers engaged on construc- four hours' overtime or after 12 noon on Saturdays. tion work has been prescribed at the same amount Provision has also been made in this clause for and under similar conditions to those now operat- workers employed by Laporte Titanium Ltd. to be ing under the South West Land Division Construc- paid an allowance in certain circumstances when tion Award but, as I mentioned earlier, this pro- they are required to use their own transport on vision may be the subject of further argument at call-outs. the Speaking to the Minutes. Clause 19.—Special Rates and Provisions. No case was made out for an increase in the Generally speaking, the rates fixed in 1951 have margins of semi-skilled workers but the parties been increased by approximately two-thirds except may address me at the Speaking to the Minutes where a higher rate was agreed to by the employers on whether liberty to apply should be reserved in (as, for example, in the case of dirt money) or this regard when they have had an opportunity to where the case presented showed that a different consider my detailed reasons for judgment. course should be followed. The minutes of the proposed award will now Provision has been made for a Board of Refer- ence to deal with any dispute concerning grain dust at bulk grain handling installations. The 27th day of May, 1966. An allowance has been fixed for hot work and Judgment. the Board of Reference has been authorised to fix special allowances where the conditions of THE COMMISSIONER: This is a reference of work are made exceptionally oppressive by exces- industrial dispute in which the several metal trades sive heat. unions seek an award to apply to the majority of The allowance for workers in artificial manure their members employed in this State. and cement works has been increased to one dol- On 20th May, 1966, the Commission issued the lar and fifty cents per week and an allowance of minutes of the proposed award and delivered a two dollars and fifty cents has been fixed for preliminary judgment in which it explained that workers employed in abattoirs. the award would apply, not only to maintenance and production work generally throughout the An allowance has been fixed for workers em- State (excluding such work in the gold mining and ployed by Laporte Titanium Ltd. when they are asbestos mining industries) but also to construction required to wear gas masks or special acid protec- work throughout the State and that it would tive clothing. accordingly replace a number of awards which the Clause 21.—Fares and Travelling Time. parties had expected would continue to apply. This being so, the Commission found it necessary to go Generally speaking, and for reasons associated substantially beyond the specific claims which were with the incorporation of the construction award made in the reference and included what appeared provisions, the fares and travelling time provisions to be the essential provisions from the construction from the Building Trades award have been adpoted awards. As those provisions were not the subject in this clause. of argument during these proceedings, however, the Clause 22.—Distant Work. Commission did not, in its preliminary judgment and does not now make any comment on the As I have remarked earlier, this clause incor- merits of the provisions included. In this con- porates provisions from the construction awards. nection, however, the parties are referred to the Clause 30.—Liberty to Apply. provisions of section 69 of the Act and are advised that they may exercise their rights under that The parties will observe that, as yet, no pre- section at the Speaking to the Minutes. In addi- scription has been made in this clause. When tion, where the Commission is satisfied that it the parties receive my detailed reasons for judg- should do so, it will be prepared to reserve liberty ment they will observe that liberty is to be reserved to apply with respect to any matters relating to with respect to a number of matters and, in construction work or any matters affecting respon- addition, arising from what I have already said dents who, but for the reasons given in the pre- there will no doubt be other matters on which liminary judgment, would not have been brought liberty will be required. within this award. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 711

The present reference is the first occasion since the provisions of subsection (1) of section 85 of 1951 on which a comprehensive review of the the Act are directly in point. That subsection Metal Trades Award in this State has been sought. reads— That it has been a comprehensive review may be (1) Except to the extent mentioned in seen from the fact that more than one hundred section ninety-eight A of this Act and subject separate provisions were in dispute; that the trans- to this Act, an award while it is in force is cript notes run to one thousand three hundred and binding— forty pages consisting mainly of the advocates' sub- (a) on all workers employed in the calling missions, as the applicants elected to justify many or callings mentioned therein in the of their claims by way of inspection rather than by sworn evidence; that more than fifty exhibits industry to which the award relates; were tendered during the hearing; and that the and Commission visited almost fifty establishments in (b) on all employers employing those country and metropolitan areas and interviewed workers. about one hundred and forty workers and em- (The underlining is mine). ployers in the course of the inspections. It will be observed that an award is binding only in the industry to which the award relates I turn now to the specific matters in issue. and in ascertaining the industry to which the award relates the "common object" test laid down Clause 3.—Scope. in Parker's case (6 W.A.I.G. p. 377) is still the law. If then, at any time, a question should arise As between the parties to the reference, this as to whether particular work is covered by the clause was agreed. At the commencement of the Ship Painters and Dockers' Award or by the Metal hearing, however, Mr. Troy sought and was granted Trades Award, it would, I think, be determined leave to intervene on behalf of the Federated Ship by ascertaining whether it is work which falls Painters an Dockers' Union of Australia, Western within what may be broadly described as the Australian Branch, and he put submissions to the "ship painting and docking" industry or within Commission which, if successful, would require an what may be broadly described as the "engineering" alteration to this clause. industry and this would involve a finding as to The intervention stemmed from the fact that the nature of the business which a firm such as there is in existence an award (No. 29 of 1960) bind- Saunders and Stuart has carried on and the ex- ing on the intervenor and, inter alia, employers tent to which, in practice, it has operated on the who will also be bound by the award which results one hand under the Ship Painters and Dockers' from these proceedings and from the fact that there Award and on the other hand under the Metal are callings which are common to both awards. Trades Award. It would also involve an inter- Mr. Troy's concern was twofold. First he desired pretation of the passage, "maintaining, reparing, to ensure that the issue of the new Metal Trades cleaning, fitting and such like work (including award would not result in any encroachment by slipping and unslipping) on or about vessels of all members of the Metal Trades unions upon work descriptions or any other class of work hitherto which has hitherto been performed by members of usually performed by ship painters and dockers," the Ship Painters and Dockers' Union, namely, which appears in the Area and Scope clause of work which falls properly within the scope and Award No. 29 of 1960, and such an interpretation within the area of operation of Award No. 29 of could scarcely be given without recourse to custom 1960. Secondly, he wished to safeguard for the and usage. In this regard it is to be borne in future work which, though not at present covered mind that although various sorts of work may fall by the Ship Painters and Dockers' Award, is, in the within a general description such as "rigging" it opinion of Mr. Troy's union, the right of members does not follow that all such work is, or is intended of that union. to be done under a particular award simply because As to the first point, it was said by the Metal that award contains a calling of that general Trades unions that there was no intention on their description. Thus, in the case of the two awards part to encroach on work which is now the pro- under consideration here, there is certain rigging vince of the intervenor and they pointed out that work which has traditionally been done by riggers classifications common to the Ship Painters and under the Ship Painters and Dockers' Award and Dockers' Union (or its predecessor) and the Metal there is other rigging work which has been and Trades unions had existed in their respective will continue to be the province of riggers under awards for many years without giving rise to diffi- the Metal Trades Award. In applying section 85 culties which had not been able to be resolved in it is necessary, therefore, to look not merely at an amicable fashion by one means or another. This the calling nor merely at the name of the employer view was also taken by Mr. Ince who submitted, but at the industry as carried on by the employer in addition, that if any problems did arise they and the workers in that calling. The only way in which I could afford protection could be settled by using the machinery provided (if it were necessary to do so) to members of the by section 74 of the Act. Ship Painters and Dockers' Union would be to There can be no doubt that if the new Metal alter the clause now in question by excluding work Trades Award is issued with a Scope clause in which has hitherto been performed under Award the terms agreed between the parties, there will No. 29 of 1960. In the event of any dispute arising be in existence two awards with differing pro- under such an exclusion, it would be determined visions operating within the same area and bind- by the custom and usage in the port; in other ing the same employer with respect to callings of words, in essentially the same way as would be the same general description. On the surface, the case if the issue were to be decided by refer- this would seem to amount to a situation of conflict ence to section 85. which this Commission should not permit to arise In opposing any alteration to the agreed scope and which the Court of Arbitration in the past of this award, Mr. Ince indicated, as I have said, should not have permitted to arise. Whether the that any problems arising could be dealt with by conflict is more than surface deep is, however, way of demarcation under section 74. That section, open to question and in resolving that question however, deals with questions between callings, 712 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. whereas any questions arising here would be far It will be observed that all parties desire that the more likely to be between unions. In the latter existing provision be changed. First, the parties case, section 74 has no application. The situation no longer wish to exclude from the casual category is, however, adequately met by section 85 and I workers who are picked up to unload scrap, etc. find it unnecessary, therefore, as the Court .of in the cast pipe section. Secondly, the unions wish Arbitration did in the past, to make any alteration to extend the period of employment beyond which to meet the first area of concern referred to by a worker may not be regarded as a casual; and Mr. Troy. finally, the employers seek to abandon a period of As to the second aspect of the intervention, I employment as the criterion for determining a think it is clear that I cannot determine in advance worker's status and desire to leave it as a matter that any union should (or should not) be entitled of contract between the worker and his employer. to award coverage of specified work in an area In support of the change sought by the unions, beyond that of its existing award, more particularly Mr. Anderson argued that the existing provision when, as is the case with the present intervenor, has anomalous and unfair results in the case of a applications to extend the area of its existing award have in the past been refused. The entitlement of worker who is engaged for more than one week a union to award coverage is a matter to be decided but less than one month. He pointed out that if and when an appropriate application is made by whilst a worker who is employed for less than one the union concerned and in the light of the matters week receives the casual loading and a worker submitted to the Commission on such an applica- who is employed for one month or more is entitled tion. to sick leave and pro rata annual leave, a worker Apart from the questions raised by Mr. Troy's employed for, say, three weeks receives none of intervention, the parties will observe that this these things. clause has been altered. As I have remarked in In opposing the unions' claim, Mr. Ince argued other cases, it is only necessary to specify the area that it really amounted to an attack on the annual of operation of an award if its operation is to be leave provisions of the award and should be con- restricted to a particular part of the State. The sidered only on a review of those provisions. In clause in the minutes is accordingly simply headed support of the employers' claim he submitted that "Scope". Furthermore, the parties will observe the question is really one of status and that if that the wording has been modified to facilitate the workers are prepared to undertake employment on application of the provisions of section 85 should a casual basis, the award should raise no impedi- that at any time become necessary. ment. He also said that the existing provision is unrealistic in that employment may well be truly Clause 5.—Definitions. casual in nature even though it exceeds one week. "Cadet." The employers' claim was opposed by the unions A definition of this term was not sought by any in the simple statement that it would cause con- of the parties, but one has been included for con- venience in drafting. Subclause (a) of clause 24 fusion, but the Commission was not enlightened of the existing award allows an employer to ap- as to the way in which this confusion might arise. point "one son or any any other nominee as a cadet The attitude which seems to be inherent in the to learn all the branches of the trade or calling of submissions made on behalf of the unions is that such employer", but it was put to me by Mr. Ince all workers should receive some payment in respect that whilst such a provision may be suitable in the of annual leave, either by way of a proportionate case of the small family business it is wholly payment or by way of an allowance granted in inappropriate where the employer is a large com- compensation for being deprived of the opportunity pany. It would seem that at least one large firm to earn such a proportionate payment. The attitude is in fact employing, in breach of the existing of the employers, on the other hand, is that they award but with the knowledge and apparent con- do not object to paying the casual loading whatever sent of the unions, a number of workers known the period of employment may be, provided the as "cadets" and, on the basis of the somewhat casual status of the worker has been determined by scanty information given to me, I think that free contract between the worker and the employer paragraph (a) of the proposed definition will pro- at the point of engagement. vide an adequate description of those workers. In my opinion the distinguishing feature of true So far as the issues are concerned, the unions casual employment is that it is employment for are shown as objecting to the inclusion of any pro- a period which is relatively short and relatively vision relating to cadets, but this attitude was not definite. In contrast, the employment of the "per- sustained in the proceedings. There was certainly manent" or "regular" worker is indefinite and there nothing put to me on which I could say that the is, in normal circumstances, a reasonable expecta- employment of cadets should be prohibited and tion on both sides that it will extend into the for- in clause 13, which I shall refer to in more detail seeable future. It is, of course, true that workers later, provisions governing their employment have who have been engaged for "permanent" employ- been prescribed. ment often leave their employment or have their "Casual worker." employment terminated by their employer within The existing award contains a definition in these a few weeks or, in some cases, a few days of com- terms:— mencing employment, but it is in the nature of "Casual worker", subject as hereinafter men- things that not every worker will like a particular tioned, means a worker employed for less employer or a particular place of employment and than one (1) week, but does not include that not every employer will be satisfied with a a worker picked up for the purpose of particular worker. That this is so is recognised unloading pig iron, scrap iron and coke in by the parties in the provisions which they seek, the cast pipe section. by consent, to have included in this award for The unions claimed the following definition:— termination of contracts of service. Under those "Casual worker" means a worker who is en- agreed provisions the period of notice in the case gaged for less than one month. of a worker engaged as a casual is one hour, whilst The employers answered in these terms— in the case of a worker engaged otherwise than as "Casual worker" means a worker employed and a casual it is one day if the termination occurs paid as such. during the first month of the employment and one 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 713 week if it occurs after that time. Neither the resolving any disagreements that may arise from legitimate exercise of the worker's right to leave time to time as to whether any particular work is employment which does not suit him nor the legiti- construction work and, if so, as to what allowance mate exercise of the employer's right to dismiss a should be paid. In providing for these matters worker who does not measure up to his require- to be dealt with by a Board of Reference I have ments seems to me to confer on the worker any been conscious, not only of the desirability of an obvious right to compensation nor to demand the expeditious hearing when disputes arise in this imposition of any penalty on the employer. regard, but also of the fact that this is the only convenient means whereby an employer who is not As a matter of policy I consider that where regu- a party to the award, but who is bound by it by lar employment is available, workers should qualify virtue of section 85 can initiate action in relation for annual leave, sick leave and paid public holi- to any construction work with which he is con- days rather than be paid an allowance in lieu of cerned. those benefits. This being so, I am reluctant to insert a provision in the award which might have "Inspector." the latter result. On the other hand it follows from "Examiner." what I have said earlier that true casual employ- "Viewer." ment is not necessarily employment for one week These definitions were included by consent in nor, for that matter, for one month. I have there- the General section to overcome objections by the fore decided to include the definition proposed by Moulders' Union that their appearance only in the the employers but I have done so with the inten- General Engineering Section would tend to create tion that workers are not to be engaged as casuals the impression that moulders are not eligible for where the period of employment is expected to be appointment to these positions. indefinite. It is common ground between the parties that "Patternmaker." the workers' status should be determined by con- Existing definition— tract at the point of engagement and I agree that "Patternmaker" means a tradesman engaged this should be so. However, I do not accept Mr. in the making of patterns in wood. Ince's submission that workers and employers Unions' claim— should be left unfettered in entering into con- "Patternmaker" means a tradesman who tracts of employment. The freedom of parties to makes patterns and appurtenances thereto contract is an important freedom and should, with- of any materials used in the production in reason, be safeguarded. In other spheres of law, of castings. however, it is frequently circumscribed and I see Employers' answer— reason for holding that it should not be so here "Patternmaker" means a tradesman who if circumstances warrant. In my opinion, employ- makes patterns of wood or metal but does ment which is intended to last for less than one not include a worker engaged on the filing, month is casual employment and I have accord- finishing or fitting of metal patterns. ingly made it mandatory that workers engaged for Here again all parties seek to depart to some sucli employment be hired as casuals. extent from the existing definition. The unions "Construction work." on the one hand seek to extend the scope of the The parties did not ask that this expression be definition so as to include the making of patterns defined, but the need for a definition became in any material at all. The employers agree to an apparent when I began to consider a claim made extension of the definition so as to bring within by the unions for an allowance to be paid to its scope the making of patterns in metal as well employees of electrical contractors "engaged in as wood but, as a corollary to tliis Gxtension seek construction work in collection with the erection, to exclude from the definition workers who per- repair, maintenance, renovation or demolition of form only so much of the patternmaker's work as buildings or structures". On the evidence of wit- is embraced in the filing, finishing, or fitting of nesses called by both sides and also on what the metal patterns. Commission was shown during inspections an Mr. Mutton, who undertook carriage of this part allowance is certainly justified for work performed of the claim on behalf of the unions, argued that by electrical installers on large buildings con- the existing definition does not recognise the re- structed in concrete. Whether any such allowance alities of modern production techniques which, he is justified for electrical installing work in cottages said, require and use patterns made in various I am unable to say with certainty, for no inspec- metals and in fibreglass and other (unspecified) tions of this class of work were sought, but in view materials. of the preliminary judgment given in this matter Mr. Ince opposed any extension of the defini- on 20th instant, that question becomes largely tion beyond that proposed in the employers' an- academic for the purposes of this judgment and swer on two grounds. First, he said that any can, in any event, be determined pursuant to the further extension is unnecessary because no wor- proposed definition. ker is employed under this award wholly or main- Further reasons for including a definition of this ly or even to a substantial extent in making pat- expression will be apparent from that preliminary terns in materials other than wood or metal and judgement and need no further exposition here. that any worker who makes patterns in materials As I remarked in that judgement, however, the other than wood or metal also (and for the major terms of the proposed definition should be closely and substantial part of his time) makes patterns scrutinized by the parties prior to the Speaking in wood or metal. Secondly, he said that the use to the Minutes, so that they may then take full of plastics in pattern making in this State is very advantage of their rights under section 69 of the much in its infancy and that, as a consequence, Act. it would be unwise and incautious to determine As the parties will no doubt discern for them- in advance that a worker who makes patterns selves, the provisions of paragraph (b) of the in plastics should necessarily be regarded as a definition, when taken in conjunction with the patternmaker regardless of the techniques that provisions of subclause (7) of the First Schedule, may be employed and of the skill involved in should provide a speedy and convenient means of those techniques. 714 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

On the question of the exclusion from the de- it is formulated, however, it could be read so as finition of workers engaged in the filing, finish- to exclude workers who are making patterns if they ing and fitting of metal patterns, Mr. Ince said also file or fit metal patterns. The provision has that although in many pattern shops this work therefore been re-drafted to remove the possibility is done by patternmakers it is also done in a of this construction and to make it consistent with number of establishments by fitters. He submitted the submissions made in support of it and the that it is work which falls fairly and squarely reasons for which it has been allowed. within the general trade experience of a fitter and that, taken by itself, it carries none of the pecu- "Toolmaker." liar attributes which go to make up the special Existing definition— skill of the patternmaker. In reply to a question "Toolmaker" means a tradesman making and/ from the Commission, he said that the exclusion or repairing any precision tool, gauge, die of this work from the definition was not an at- or mould to be effixed to any machine, who tempt to pare off the less skilled parts of a designs or lays out his work and is res- tradesman's work in order to create a new class ponsible for its proper completion. of semi-skilled worker, the members of which Unions' claim—• would do work that they had not hitherto done, "Toolmaker" means a tradesman making and/ but was simply a matter of allocating to trades- or repairing any precision tool, gauge, die men of a certain class work which was within the or mould to be affixed to any machine who ordinary scope of their craft. designs or lays out his work and is res- In opposing the exclusion sought by the em- ponsible for its proper completion and in- ployer, Mr. Mutton submitted that the proper way cludes any tradesman engaged in or in to determine the issue involved was by the simple connection with the making of any tool, application of the higher duties clause. If, he gauge, die or mould as aforesaid who by said, the work in question represents a substan- agreement with the employer or by deter- tial part of the work of a patternmaker then mination of the Board of Reference is workers doing that work should be paid the pat- classified as a Toolmaker. tern-maker's rate and should not therefore be ex- Under this heading, the employers seek the con- cluded from the definition. tinuation of the existing definition whilst the The assertions made by Mr. Ince in relation to unions are attempting to expand it so that it will this definition were supported by the testimony have application to a greater range of workers. of Mr. Moredaundt, Production Manager for Tom- The original claim made by the unions ended at linson Steel Ltd., who, prior to becoming a quali- the word "mould" appearing immediately before fied engineer, had served an apprenticeship to fit- the words "as aforesaid". Submissions in support ting and turning and had worked as a tradesman. of the claim in that form were first put by Mr. Apart from this, the Commission examined the Anderson but he virtually abandoned the field to work of patternmakers in a number of pattern- Mr. Mutton when he was unable to explain to the making shops and viewed the particular work of Commission why the same rate of wage should be filing and fitting metal patterns at Chamberlain paid on the one hand to a tradesman who is re- Industries Pty. Ltd. where fitters are employed on quired to design or lay out his work and is res- this task. ponsible for its proper performance from beginning As a result of the evidence and inspections, I to end, and on the other hand to a tradesman whose am satisfied that although patterns are made in responsibility begins and ends with the machining materials other than wood and metal, they are of some (possibly minor) part of a machine tool made by workers whose major and substantial and who would, prima facie, be exercising no more employment consists of the making of patterns than the ordinary skill of a tradesman first class in wood or metal and that it is therefore un- machinist. Mr. Mutton also attempted to support necessary to extend the existing definition beyond the definition in its original form by saying that that proposed in the employers' answer. Not only it was "based on" the definition appearing in the is it unnecessary but, on the material before me Federal Metal Trades Award, but when the Com- in these proceedings, it would be improper for mission drew attention to significant differences me to conclude that regardless of the material between the claim and the Federal definition and which may be used or the process which may be pointed out that the words which had been added employed, the making of all patterns should by the claim to the existing definition made that necessarily be the work of a patternmaker. In the part of the claim which represented the existing event that new processes or new materials dis- definition superfluous, Mi-. Mutton sought and place wood or metal in this field patternmakers was granted leave to amend the claim so that it would, prima facie, have strong claims to the right read in the manner set out above. The changed to work on those new processes or in those new terms of the claim did not, however, alter the materials, but the final determination of any such basis on which the submissions in support of it right could only be properly made in the light of were put, though the circumstances in which the the facts as they then exist. amendment to the claim was made no doubt As to the employers' claim for exclusion from contributed to some confusion in the presentation the definition of workers engaged on the filing, of Mr. Mutton's submissions. In short, those sub- finishing and fitting of metal patterns, there can missions were that any tradesman performing work be no doubt that the work is well within the ordin- which was part of a toolmaker's work should be paid ary competence of tradesmen other than the pat- the toolmaker's rate or, alternatively, that any tern-makers. It is not one of the important ele- tradesman performing a substantial portion of the ments which form the basis on which a monetary toolmaker's work should be paid the toolmaker's distinction is made between patternmakers and rate. other tradesmen and there is no suggestion that In support of the claim, evidence was laid from the performance of this work by workers other than Mr. Dunning, a toolmaker with extensive experi- patternmakers is likely to result in any diminution ence in the United Kingdom and employed by of employment opportunities for patternmakers. In Chamberlain Industries as toolmaker and leading my opinion the employers' answer should, in prin- hand toolmaker for the last seven years. A large ciple, be allowed. In the precise terms in which part of Mr. Dunning's evidence related to tool room 29 June, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 715 classifications and rates in the United Kingdom is to be used in connection with the standard- and, as is usually the case, that evidence proved ization of machine production or other opera- of little assistance when applied in the Australian tions.. There is no doubt that the purpose of context. Furthermore, it did not support the claim the application is to obtain the elevation of inasmuch as it revealed that in the United King- work which is now covered by the classification dom the same rate does not in fact apply to all of 1st class machinist. The Unions complain tool room workers. It did, however, indicate that that with specialisation and a sub-division of the minimum rate for tool room workers in the work there are very few employees in the United Kingdom is in excess of the rate for mach- industry who are entitled to be classified as inists in the machine shop; and that this should toolmakers within the present definition. Tills be so here was the real burden of Mr. Dunnning's may be so but if in fact specialisation and sub- testimony. In this regard he claimed that machin- division have resulted in a skilled job being ists employed in the tool room exercise a higher subdivided into a number of lesser skilled jobs degree of skill than the "ordinary" first class mach- there is no justification for prescribing the inist in that they are required to work to very fine high rate which was fixed for the skilled job to tolerances and to exercise the utmost care at all be paid for the other work. The Unions do not times and in doing so are constantly required to admit any change of skill by reason of the apply their knowledge of trigonometry and the sub-division but after carefully inspecting this more rigorous disciplines of their trade. He said work I am satisfied that the machining of the that where a tool is "broken up" and made in components of a precision tool, gauge, jig, die parts by different tool room workers, the group or mould does not differ in any real essential works as a team and each member of the team from work carried out by first class machinists has to work to the same high standard of profi- in the machining of many engine and machine ciency and accuracy or the final combined result parts. Each works to a fine degre of precision is unsatisfactory and unusable. He also said that and each is responsible for the machining of at Chamberlain Industries if it is necessary for valuable material. The fine limits to which part of a tool to be machined in the machine shop, machinists on toolmaking have to work was the machining is done by a toolroom machinist stressed but machine tools have now been so and not by a machinist from the machine shop. improved that working to fine limits is no In opposing the claim, Mr. Ince submitted strong- longer to be regarded as exceptional. ly that the essential difference between the tool- The existing definition of toolmaker may maker and the ordinary tradesman lies in the appear to be somewhat restrictive but on the responsibility for the making of the whole tool other hand the claims of the Unions are far too from beginning to end and in this regard he drew wide. Upon my inspections I found that attention to and relied on evidence given under generally employees on tool work who were cross examination by Mr. Dunning and by Mr. performing high class work whether on the Flottman (another witness called by the unions machines or the bench were paid the tool- though not specifically in relation to this defin- ition). He argued that a tradesman who is merely maker's rate although perhaps not technically required to machine some part of a tool is simply entitled to be classified as toolmakers under exercising the ordinary skill of a first class mach- the award. The position therefore is that inist and referred in this connection to the em- notwithstanding the definition, matters have phasis placed on the high level of the ordinary generally been adjusted fairly by the employers tradesman's skill by Mr. Salmon when dealing themselves and in the circumstances I am not with the claim for increased margins. Mr. Ince satisfied that the Unions have made out a case also led evidence from Mr. Moredaundt on the for prescribing the toolmaker's rate for 1st manufacture of machine tools at Tomlinsons. This class machinists who are employed on tool work, evidence indicated that Tomlinsons employ only The present definition although subject to the two toolmakers; that the toolroom is a small one; criticism which has been directed towards it that, generally speaking, it is the responsibility of does reasonably describe the work and re- the toomaker to decide how and on what machines sponsibility for which a rate, which com- the component parts of any tool will be made; that paratively must be regarded as high, has been where, as often happens, some of those component prescribed. In expressing this opinion I have parts are machined in the machine room, the work had regard to the fact that the toolmaker is performed by a first class machinist; that the classification has been the one most favourably final responsibility for assembling and proving treated In the readjustment of wages on the of the tool rests with the toolmaker; and that the making of this award and in the circumstances organisation of the work at Tomlinsons differs I am of opinion that while that rate prevails from that at Chamberlains. Mr. Moredaundt's the qualifications required for the classification evidence supported Mr. Ince's submission that the should remain at the high level prescribed special skill of the toolmaker is exhibited on the by the award. To meet the case those who bench rather than on the machine. have special claims but do not technically In the course of his submissions Mr. Ince re- come within the definition I will insert a pro- ferred me to the decision of O'Mara, J. in which vision to allow the classification to be extended the present Federal definition was formulated. by mutual agreement in certain cases. (The The decision on this point is directly relevant to underlining is mine). the present issue and I set it out in full. In addition to the submissions and evidence to which I have referred, the Commission had the Definition of Toolmaker. benefit of a detailed inspection of the toolroom at The Unions seek an alteration of the defini- Chamberlains and of the work of first class mach- tion of toolmaker which would extend con- inists in a number of other establishments. In siderably the range of work to which the the result I have come to the conclusion that the classification of toolmaker would apply bring- toolmaker is a special craftsman with skills and ing within the classification all machining responsibilities which, in degree and to some extent carried out in the making or repairing of any in kind, differ substantially from those of the tool- precision tool, gauge, jig, die or mould which room machinist and of first class machinists 716 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. generally. In other words, I agree generally with In the course of his submissions Mr. Mutton Mr. Ince's submissions and I reject the submissions said that the classificaton and definition claimed made on behalf of the unions and, in consequence, are necessary for apprenticeship and technical the specific claim which has been made. school purposes and that the existing provisions To leave the matter there would not, however, in are inadequate in this respect. He also said that my opinion, be in accordance with the substantial he considered the title of the classification should merit of the situation as represented to me by the be in the terms claimed in order to embrace the evidence, submissions and inspections. There can wide range of instrument work that is now done be no doubt that a first class machinist should be in the industries to be covered by this award. He able and may be required to work to fine tolerances referred me to several awards in which an instru- and to exercise the skill of his trade to the highest ment making classification other than scientific degree. That he is in fact required to do so instrument maker appears. However, I was not emerged clearly from the inspections, a particu- referred to any case in which a worker is at present, larly good example of this being some of the work in the unions' opinion, wrongly classified to his which was viewed at the plant of Vickers Hoskins detriment nor was my attention drawn to any of Pty Ltd. It is equally true, however, that first class the work described in the definition during the machinists are not employed at all times nor, for course of inspections. In these circumstances it that matter, for the majority of their time on close would be almost Impossible to draft or accept a precision work requiring virtually unremitting con- definition with reasonable certainty that it would centration and the constant application of the high- properly meet the requirements of the industries est order of trade skill. In saying this I do not detract covered by this award. This being so, I find it in any way from the skill or status of the trades- unnecessary to refer to Mr. Ince's submissions in man machinist. In this regard it is no doubt trite opposition to the claim. The application under to say, but nonetheless important to bear in mind, this heading is refused. that any trade consists of a variety of functions which it has been found convenient to group to- "Rigger and/or splicer." gether, some of which require for their perform- The unions sought the inclusion of a definition ance a high degree of skill whilst others require in these terms— skill of a lesser degree and yet others very little "Rigger and/or Splicer" means an adult em- skill at all. The average tradesman performs all ployee who is— or most of these functions in the ordinary course (i) responsible for the rigging involved of his employment and it is on this basis that his in the erection, placing in posi- margin is fixed. It follows from this that when a tion, dismantling of structural tradesman is occasionally required to exercise the steel, plant, buildings, machinery highest skill of which, as a tradesman, he is capable, equipment and the like; or he is not entitled to receive a rate higher than the (ii) responsible for the erection of ordinary rate applicable to his tracie. It also tackle with wire or rope for lift- follows, in my opinion, that when a tradesman is ing; or required to function at or near the highest level (iii) engaged on splicing or repairing of his trade skill for by far the greatest part of wires and/or ropes (not including his time, the ordinary rate applicable to his trade machine splicing). is no longer appropriate. This is recognised else- The existing award does not contain any defini- where in this award in the margin accorded to the tion relating to rigging but the following classifica- "marker-off" in the boilermaking trade and a tions appear in the Wages Schedule, namely:— somewhat similar (though not identical) situation Rigger and Splicer on ships and buildings. is accorded recognition in the Building Trades Rigger and Splicer except on ships and build- Award in relation to the "setter-out" and "detail worker". I am of the opinion that a first class ings. machinist who, for the greater part of his time, In conjunction with the claim for the definition is employed on tool room work Is entitled to a set out above the unions sought to replace the higher rate than the ordinary first class machinist existing classifications by the following, namely:— and I have therefore decided to include a new Rigger and/or Splicer fully licensed. (Rigger's classification, namely, first class machinist (tool rate plus forty cents per day). room) with a margin which I consider appropriate. Rigger and/or Splicer. In this connection I think that the passage which All of the foregoing claims were opposed by Mr. I have underlined in the decision of O'Mara, J. Ince who, on behalf of the employers, submitted referred to above speaks for itself. that the existing provisions should pass into the new award without alteration. "Instrument maker and/or repairer." In support of the definition, Mr. Anderson said Unions' claim— that it was identical with the definition included "Instrument maker and/or Repairer" means a by Mr. Commissioner Winter in the Federal Metal tradesman engaged on the work of manu- Trades Award in September, 1964. Mr. Mutton, facturing, repairing, adjusting and/or test- who caught up the torch from Mr. Anderson, said ing of any type of mechanical or electrical that the definition was not put forward simply on instruments other than watt hour meters. the basis that it was the Federal Award definition The existing award contains in the Wages but because, in the unions' view, it accurately Schedule a classification entitled "Scientific Instru- described the work of the rigger in present day ment Maker" and scientific Instrument making is circumstances. He contended that recent amend- an apprenticeship trade under the award. The ments to the Inspection of Scaffolding Act and classification, however, is not defined. the Regulations made under that Act and the more The unions seek to substitute the term "instru- efficient administration of that Act and those ment maker and/or repairer" for "scientific instru- Regulations in recent years, had made the rigger's ment maker" in the Wages Schedule and seek a task a more exacting one. He called as a witness corresponding change in the Apprenticeship clause. Mr. Thomas D'Arcy, an experienced rigger who In conjunction with this they ask for the inclusion had worked both in Western Australia and in the of the definition set out above. United Kingdom. I was impressed by Mr. D'Arcy's 717 knowledge of his work and by the honest and (2) The Chief Inspector may, on the issue of forthright manner in which he gave his evidence, a license, under this regulation, attach such but before turning to that evidence it will be con- conditions to its operation as he considers venient to refer briefly to certain provisions of the necessary. Inspection of Scaffolding Act and Regulations. (3) Upon being satisfied that a licensed per- That Act gives to the terms set out hereunder the son is no longer competent to act in such em- meanings shown respectively against them:— ployment as is defined in the license, or has "Rigger" means the person in charge of the failed to comply with any condition imposed erection use or dismantling of gear and cn its issue, the license may be cancelled or being the holder of a license under this suspended by the Chief Inspector. Act empowering him to act in such em- The foregoing provisions are, I think, self ex- ployment. planatory, and they clearly point up the respon- "Gear" includes— sibility of the rigger (as defined). I turn now to (a) Any ladder, plank or plant used ihe substance of Mr. D'Arcy's evidence. He said by a builder forming part of or that both licensed and unlicensed riggers are em- used or intended to be used in con- ployed on building construction and that on some nection with scaffolding; jobs on which he had worked they perform the tb) any chain, rope, fastening, hoist, same tasks. On other jobs he had come across un- crane, conveyor, stay, block, pulley, licensed men who could not do the whole of the hanger, sling, brace or other rigger's job but who could and did do some part moveable contrivance of a like of it under direction. It was his opinion that the kind, used or intended to be used man who is "responsible" (for the rigging) within by workmen or for the support or the meaning of the definition claimed by the unions protection of workmen, is the licensed rigger in charge of the job and this but does not include a power operated jib is certainly borne out by the provisions of the In- or hammer head crane. spection of Scaffolding Act. On the Government "Works" includes the construction, erection, Building job he had been in charge and, having demolition, alteration, repair, cleaning, up to ten or twelve men under his direction, he painting, and any other kind of work in had been paid as a leading hand. He was the connection with any building, structure, licence holder for the purposes of the Scaffolding ship, boat, well and excavations for build- Inspection Act but he received no additional pay- ing operations, but does not include work ment for his licence. Three or four of the riggers in connection with mine timbering. working under him held licenses. Subsection (3) of section 11 of that Act is in It is clear, as Mr. Ince pointed out, that on Mr. these terms:— D'Arcy's evidence the inclusion of paragraphs (i) and (ii) of the definition claimed by the unions (3) On all gear that exceeds or is likely to would restrict the application of the term rigger exceed twenty feet from the horizontal and/or splicer to the licensed rigger who is in base, there shall be one rigger employed or charge of the job and under whose license the job engaged in the supervision of the erection is carried out and licensed riggers employed under and use of that gear and he shall remain the direction of a leading hand rigger would not on duty on the place during the erection be "riggers" within the meaning of the award. This and use of that gear. would plainly not be in accordance with current Section 22 is in these terms— practice nor, I am sure, with the intentions of the 22. (1) Every person guilty of any breach or unions in this matter. It would, of course, bring contravention of this Act shall be punishable the award into line with the provisions of the In- therefor, and it shall be no defence to prove spection of Scaffolding Act but it must be remem- that the person proceeded against was the bered that that Act is designed not to regulate the agent or employee of the owner or occupier conditions of employment of riggers but to facili- or was acting in pursuance of any order or tate the inspection of scaffolding and gear. I was direction given by the owner or occupier. not made aware of the existence of any problems in (2) When an owner or occupier is charged determining who were and who were not riggers with an offence against this Act he shall be under the existing award provisions and Mr. Ince entitled, upon information duly laid by him, indicated that there were in fact no problems in to have any other person whom he charges to that regard. I can, at this stage, see no real need be the actual offender brought before the court for a definition of the term and the claim is accord- at the time appointed for hearing the charge, ingly refused. and if after the commission of the offence has been proved the owner or occupier proves to "Automotive electrical fitter." the satisfaction of the court that he used Existing definition— due diligence to enforce this Act, and that such other person committed the offence in ques- "Automotive electrical fitter" means a worker tion without his knowledge, consent, or con- engaged in the manufacture and repair of nivance, such other person shall be convicted the starting, lighting and ignition equip- of the offence, and the owner or occupier shall ment of motor vehicles (including motor be exempt from any penalty. cycles). The Scaffolding Regulations 1964 provide in Unions' claim— regulation 109 for the issue of and cancellation of "Automotive Electrical Fitter" means a worker licenses in the following terms;— engaged in the manufacture and/or repair 109. (1) Every applicant for a license to and installation (except for the first time empower him to act in such employment as in Australia) of wiring and components may be defined in the license, shall prove his and including any electronic device of the competency by an examination set by the starting, lighting, ignition and electrical Chief Inspector. auxiliary equipment of motor vehicles, WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

stationary engines and marine engines, in- On what has been put to me in these pro- cluding any other internal combustion ceedings the only part of the claim which could engine and the electrical equipment associ- receive any consideration at all is that part which ated therewith. asks that stationary and marine engines be added Employers' answer— to the present definition. Nothing has been put As in existing award. to me, however, on which I could safely conclude It will be observed that the claim seeks to vary that all repair work on the starting, lighting or the existing definition in a number of respects. ignition equipment of all stationary and marine First, it seeks to add. to the existing functions engines should be regarded as part of the proper (manufacture and repair) the function of instal- description of an automotive electrical fitter nor, ling wiring and components "including ay electronic for that matter, that all such work should attract device". Secondly, it seeks to add "electrical the tradesman's rate of pay. It was put to me, auxiliary equipment" to the range of equipment on however, that as the award stands there would be which those functions are to be performed. Thirdly, nothing to compel the payment of the tradesman's it seeks to extend the province of the automotive rate for any of that work and though I have some electrical fitter so that it comprehends, in addition reservations about the validity of that viewpoint to motor vehicles, "stationary engines and marine I have decided, in order to make available a remedy engines including any other internal combustion for any injustice which may occur during the cur- engine and the electrical equipment associated rency of the award, to reserve liberty to apply to therewith". amend the award if it can be shown that less than Taken at face value the claim seeks changes of the tradesman's rate is being paid for any work no little substance. No evidence was called in on stationary or marine engines which should relation to it, however, nor, during inspections, properly be regarded as tradesman's work, was my attention drawn to any situation which "Motor mechanic." exhibited the necessity for the changes which were Existing definition— sought. The only part of the claim to which Mr. "Motor mechanic" means a worker engaged Anderson and Mt. Mutton addressed themselves in making, repairing, altering, assembling was the extension of the definition to cover sta- (except assembling for the first time in tionary and marine engines but even on this point Australia) and/or testing the metal parts their submissions were rather vague and at times (including electric) of the engines and/or contradictory. Having carefully read and re-read chassis on motor cars or other motor those submissions, I think that the real reason vehicles, except motor cycles. for the claim is that there have been arguments Unions' claim— either between the unions and employers or be- "Motor mechanic" means a worker engaged tween automotive electrical fitters anci motor repairing, altering, overhauling, assem- mechanics (or both) as to who has the rivbt to bling (except for the first time in Aus- do electrical work on stationary and marine tralia) or testing metal and/or electrical engines. The unions have obviously come down parts of the engine or chassis of motor on the side of the automotive electrical fitter but, cars, motor cycles or other motor vehicles. having regard for the submissions put to me. I Employers' answer— am somewhat at a loss to understand why. The As in existing award. substance of the argument in support of the claim As will be seen the unions sought to change the is that stationary and marine engines are really existing definition by adding "overhauling" to the no different from the engines of motor vehicles present functions and by bringing work on motor and that in fact they are very often exactly the cycles within the ambit of the definition. Nothing same engine used for a different purpose. If this was said in relation to the first matter and as it be so, it would seem to give no greater support appears to add little if anything to the definition, to automotive electrical fitters than it does to the claim in this respect will be disallowed. motor mechanics insofar as the right to do elec- The second alteration sought was said to be re- trical work on those engines is concerned, for both quired to enable motor mechanics to perform work classes of tradesmen may do electrical work on the upon motor cycles whenever it is necessary for engines of motor vehicles. them to do so. In particular it was said to be In any event, as I pointed out during the hearing, needed in the case of workshops in country towns even if the claim were to be granted, it would not where, as there are no establishments catering prevent the employment of motor mechanics (or specially for motor cycle repair, it is necessary for any other class of worker for that matter) on elec- motor mechanics to do this work. As in the case trical work associated with stationary or diesel of the claim with respect to the definition of auto- engines, for when an award defines a particular motive electrical fitter, this claim is founded on a calling by reference to specific work it does not fundamental misconception of the purpose of award confer on that calling of worker a right to that definitions. The present definition does not prevent work. The purpose of such a definition is simply and has not in fact prevented the employment of to indicate that any worker employed on the work motor mechanics on motor cycle repair nor is it referred to is, for the purposes of the award, to intended to do so. As the rate of pay for a motor be regarded as a worker in the calling defined mechanic is greater than that for a motor cycle whilst so employed. Generally speaking, such a mechanic, no problem arises in that regard. If the definition is merely a convenient means of indicat- situation as to rates of pay was the reverse, any ing the rate of pay that a worker is entitled question arising would be determined by reference to under the award. It is, in other words, a deter- to the Higher Duties clause and it may be observed mination of a right to a particular rate of nay that the very presence of that clause in the award and is not a determination of a right to parti- tends to underline the fallacy of the argument out cular work. For the determination of the latter forward to support this claim. right, the Act makes special provision in section Quite apart from the foregoing considerations, to 74 and it is under that section that an applica- sanction this claim would make the classification tion must be brought if it is demarcation that is of motor cycle mechanic redundant for any worker desired. engaged on the repair, etc., of motor cycles whether 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. for the whole or portion only of his time would be to be performed by a fitter. It is work which, in a motor mechanic for the purposes of the award. many cases, is within the competence of an elec- The claim is refused. trical installer. I therefore see no reason for con- "Electrical installer." tinuing the exclusion which appears in the existing Existing definition— definition and the claim is, to this extent, allowed. "Electrical installer" means a worker engaged The terms in which the claim is couched are, how- in the installation of electric lighting, elec- ever, too vague and could clearly be taken as tric meters, bells, telephones, or motors, embracing a substantial part of the electrical and apparatus used in connection there- fitter's work. The existing definition has therefore with, and includes a worker engaged in been modified so as to reflect my decision. the running, repairing and testing of wires "Linesman." used for lighting, heating or power pur- There was really no dispute between the parties poses. The term does not include a worker on this definition. Originally the unions claimed who fixes a motor on a concrete bed or who a provision which differed slightly from the exist- erects metal frames for the support of ing award and this claim was agreed to by the apparatus used in connection with the employers. Subsequently, after the completion of generation or distribution of electricity. his submissions and in an endeavour to avoid over- Provided however that a worker employed lapping between the definition of "electrical in- as a linesman or meter fixer shall not be staller" and this definition, Mr. Salmon put forward classed as an electrical installer. a changed claim. The overlapping has been Unions' claim — avoided by other means and the definition origin- "Electrical Installer" means a worker engaged ally agreed upon, with a slight modification which on electrical installation repair and main- will be apparent to the parties, has been included. tenance work. Employers' answer— "Boilermaking and ship construction". As in existing award. The only point at issue under this heading was The claim was put forward in the form set out the proposed substitution of the word, "metal", above after the completion of Mr. Salmon's sub- for the words, "steel or iron", in the description of missions in an endeavour to avoid overlapping ships which fall within this class of work and a which had become apparent between the claim in similar substitution was proposed in the heading its original form and the definition of "electrical which appears in the existing award as "Steel Con- linesman". Regardless of the form, however, the struction Section". unions' real purpose in seeking to depart from the Submissions in support of these claims were made existing definition was to remove any suggestion by Mr. Bastow and in order that I do no injustice that installers, as such, are not competent to fix to those submissions by paraphrasing them, I set motors on concrete beds or to erect metal frames them out in full. Following an assurance that the in the course of their work. The exclusion in this Boilermakers' Society did not intend to encroach respect, which exists under the present definition, on the rights of other unions, he said— came about in 1932 by consent of the parties and We believe, sir, that the changes in industry appears to have been designed to indicate that that where we find the materials being used are work was fitters' work. Whatever may have been being substituted by other metals and alloys, the case then, there is no doubt now that installers such as in the case of aluminium where they do fix motors on concrete beds and that the erection are now able in many cases to get strength of metal frames is work which is frequently inci- sufficient to do jobs previously done with steel dental to their main employment. The exclusion or iron and at the same time lighten the over- in the present definition makes no disinction be- all structure—and we feel that the definition tween motors on the basis of size and it may well as it exists (limiting it to steel or iron) does be that in the installation of large motors, an not truly reflect the coverage nor the general employer would prefer to employ fitters rather structure of the boilermaking trade. than installers. From what I have said elsewhere, it will be clear that the deletion of that exclusion I think Mr. Anderson did refer to the alumin- will not prevent an employer from employing what- ium hopper type wagons built for the bauxite ever class of labour he deems advisable; nor will in the railway workshops. We must consider it mean that a worker is necessarily an electrical of course that this is not a government award. We also have Commonwealth engineers. Tom- installer simply because he fixes a motor on a llnsons Steel and other companies who do have concrete bed. Similar considerations apply with large government contracts and who do come respect to the erection of metal frames. In this in contact with this change in the industry connection the present definition appears to refer itself and are using other metals apart from to apparatus which is the property of the supply iron or steel. authority, whilst the evidence (including inspec- We find at Vickers Hoskins, where they do tions) in this case has related essentially to the work of perhaps a much more varied nature erection of metal frames for the support of "appar- than some of the companies which stay mainly atus" which is the property of the consumer. with the construction side of the industry— Mr. Ince raised no real objection to these parts perhaps this company itself would deal more of the claim but emphasised the need for caution in other metals than iron and steel as do most in making any change lest it give rise unnecessarily of the other workshops. to demarcation arguments, a view which, I think, Some of the jobs such as with the Woomera was shared by Mr. Anderson. If the parties heed Rocket Range had much more than steel and what I have said here and elsewhere in these iron used in their construction. reasons, no such arguments should arise. Actually the position with Item (36) and the The fixing of motors on concrete beds and the heading above (38) is that one is completely erection of metal frames is work which is, in manv dependent upon the other. We believe that cases, incidental to the installers' main task. It the word "metal" should be used on both occa- is, in many cases, convenient for this work to be sions and it would then properly cover the performed by the installer and inconvenient for it constitutional coverage of our organisation but 720 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

it would still maintain us in our present classi- some part of the work of a first class welder. fication of work and not intrude on the rights Under the terms of the existing definition they are of any other organisation. nevertheless entitled to the tradesman's rate of Later, after addressing himself to other matters, pay. Mr. Ince submitted that this situation should Mr. Bastow said— be remedied and would be remedied by the accept- ance of the employers' answer, for the tradesman's That, sir, would conclude my submisions be- rate would then apply only to a worker who is a fore this Commission, and I will be calling a "tradesman" (as defined), namely, a worker who witness at a later stage in connection with works from drawing's or prints or makes precision the metal—to change the coverage of our work measurements or applies general trade experience from steel construction to metal construction. in the course of his employment. By this witness I intend to prove to you that Secondly, with an eye to what might happen in there are up to at least twelve different metals the future, as well as a glance backwards to what besides steel, or should I amend that to say has in fact happened in some areas in the past, twelve different alloys; even though some have Mr. Ince submitted that the employment of non- a steel base, there are others which have no tradesmen on parts of the first class welders' trade steel component whatsoever. I intend to prove is now so common that there is a danger that first this by a witness before you at a later stage. class welding may come to be regarded in such a No such witness materialised during the course light that whenever true first class welding is re- of the proceedings. At Forward Downs Pty. Ltd. quired and workers are required to prove by test where the Commission had been asked to make that they can perform that work to a tradesman's inspections, the Commission waited in vain for an standard, unions may be tempted to claim (and official of the Boilermakers' Society to arrive. At industrial tribunals to grant) some rate in excess Tomlinson Steel Ltd. (the only other establishment of the tradesman's rate. at which the Boilermakers' Society requested in- The assertions made by Mr. Ince in the course of spections) the conduct of the inspection was left his submissions were largely supported by the evi- in the hands of the shop steward. No steel or other dence of Mr. Moredaundt but only in the field of ships were in evidence nor was my attention drawn his experience at Tomlinson Steel Ltd. To an to any work which was said to be in a metal other extent they were also supported by information than iron or steel. gathered in the course of inspections. It is also The claim was refused. within the Commission's knowledge that workers "First class welder". have, on occasions, been trained to perform a cer- tain class of welding in a relatively short time and Existing definition— have, during subsequent employment, been em- "First-class welder" means a worker using elec- ployed as first class welders and paid as such. tric arc or acetylene, petrol or coal gas blow The definition applies both to welders employed pipe on any work other than— in general engineering and to welders employed in (a) filling castings, or boilermaking and steel construction and, as a con- (b) cutting scrap metal, or sequence, both Mr. Anderson and Mr. Bastow (c) welding with the aid of jigs, or presented submissions on this point. Mr. Bastow (d) operations specifically mentioned directed his submissions solely to that part of the as being the work of a second, original claim which referred to the CB 14 code third or fourth-class welder in the but voiced no opposition to the substitution of the definitions of those terms here- word, "tradesman" for the word, "worker" in the under. definition. Employers' answer— In dealing with the latter question, Mr. Anderson pointed out that to grant the employers' answer "First class welder" means a tradesman using could result in a substantial number of workers, electric arc or petrol or coal gas blow pipe at present employed as first class welders, having on any work other than that of a second, no award designation at all for they would not fall third, or fourth class welder as defined. within the definition of second class welder which The unions' claim repeated the existing provi- appears in the issues as an agreed provision. Mr. sion except that it omitted any reference to fourth Ince recognised this deficiency in the employers' class welder, an omission which was purely con- answer and suggested that it could be overcome by sequential on the outcome of a later argument. adopting the definition of the term "second class The employers' answer was originally in the welder" from the Federal Metal Trades award. form set out above with the addition of the follow- The evidence, inspections and submissions in ing passage—"and who has qualified to the require- this matter tend to support the employers' answer. ments set out by the Standards Association of The evidence and inspections were, however, some- Australia in Australian Standard CB 14.—but what limited on this point and were certainly not that passage was withdrawn by Mr. Ince during representative of the whole field of first class weld- the procedings when it became apparent that ing which will be covered by this award. Further- CB 14 relates to welding in the boilermaking trade more, whilst the adoption of the definitions of rather than to welding in the engineering trade. first, second, and third class welder from the The real point at issue was whether a first class Federal Award would possibly meet at least some welder should be defined as a "tradesman" or of the employers' problems, it would involve a simply as a "worker", and the burden of the em- departure from the definitions of second and third ployers' case fell into two parts. First, it was said class welder which, at the conclusion of the case, that first class welding is a "trade" in the fullest still stood as agreed matters. Finally, there seems sense in that it is an occupation for which an little doubt that the adoption of the Federal Award apprenticeship is provided and, for that reason, provisions could result in the regression of a signi- the tradesman's rate attaches to it. Mr. Ince said, ficant number of workers from first to second class however, that the shortage of tradesmen welders status and I would hesitate to bring about such had made it necessary to employ on this work a result except upon evidence more broadly based, many workers who are not tradesmen and who more representative and more specifically directed are either incapable of performing the work to a to the problems involved than has been the case tradesman's standard or who can only perform here. 721

A sufficient case has been made out, however, The real object of the claim, however, is to to justify the reservation of liberty to apply on this prevent the giving of notice during annual leave question and the matter is determined accordingly. and it is in this light that I have looked at it, It appears, however, that no discussion has taken partly because I consider that the Commission place between the parties as to the adoption of should, particularly on a reference of dispute, be the Federal welding definitions and, in view of more concerned with real issues rather than tech- the lack of any positive opposition from the union nical deficiencies in drafting, partly because the advocates to the particular point at issue here, it question involved has been a vexed one for a very may be that a conference prior to the Speaking long time, and partly because I consider that the to the Minutes could result in an agreement on substantial merit of the case lies somewhere be- this question. In such an event, I would be pre- tween the propositions advanced on behalf of the pared to incorporate the Federal Award definitions unions, on the one hand, and the employers on in the final document. the other. The fulcrum of the unions' case is the conten- "Fourth class welder." tion that a worker is entitled to the uninterrupted The inclusion or otherwise of this classification enjoyment of the period of recreation which is appears to be a matter of no great moment. It is conferred on him by the annual leave provisions in the existing award and will be continued but of the award. This is put forward virtually as an will be included as part of the subject matter on axiomatic proposition and it is said to follow that which liberty is reserved. anything which interrupts or affects that enjoy- "Smelter." ment is wrong in principle and should, where possible, be prohibited by the award. Applying The evidence in support of this claim was most these propositions to the facts, the unions then inconclusive and the Commission was not asked say that where a worker is given notice during to make inspections at any establishments where his annual leave his enjoyment of his leave is im- the classification might have application. The paired and interrupted to the extent that it be- claim is therefore refused. comes necessary for him to seek other employ- ment and that the giving of notice during annual Clause 6.—Preference to Unionists. leave should therefore be prohibited. In 1965 the Commission as at present constituted As a piece of logic, the argument is attractive. awarded preference under Award No. 1 of 1954 Unfortunately, however, in the determination of to all of the applicant unions other than the questions of industrial merit there are few pro- Amalgamated Engineering Union and the Boiler- positions of such axiomatic rigidity that they pro- makers' Society. The conduct of those two unions vide a firm and unvarying base on which to erect (and more particularly that of the Boilermakers' an edifice of pure logic. Such questions must be Society) in the course of the last twelve months resolved, in the main, by the balancing of ad- scarcely provides a reason for awarding preference vantage against disadvantage, always remember- to them. Under Award No. 12 of 1963 and Award ing that we have not yet attained the millenium. No. 19 of 1962 those unions do, however, have pre- It must be remembered that there are two par- ference and, notwithstanding the remarks made ties to a contract of employment and any pro- by Nevile, J. when granting it (43 W.A.I.G. p.p. posal to vary the terms of that contract must be 701, 2) no application has been made for its can- considered in the whole context of the rights and cellation. As the new Metal Trades Award will obligations of both parties and in the light of now replace Awards Nod. 12 of 1963 and 19 of what is fair to both and not simply in the light of 1962, I have decided to allow preference to all of what one party may regard as ideal. the applicant unions. In doing so I draw attention It is a term of every contract of employment to the remarks of Nevile, J. referred to above and to which the award now to be made will apply I emphasize that preference will be deleted from that a worker who has completed twelve months' the award with respect to any union which the continuous service shall be freed from the require- Commission becomes satisfied is not complying ment to present himself for duty for a period of in a real sense with its obligations under the Act. not less than three weeks each year but that the Clause 7.—Contract of Service. employer shall not, during that period, be freed At the conclusion of the proceedings only two of the obligation to pay the worker wages. It is matters fell for decision in this clause. The dis- also a term of the contract of such a worker that pute in each case arose as a result of a claim by the contract may be determined by one week's the unions for the insertion in the new award of notice. The contract subsists during annual leave a provision which does not appear in the existing and is not suspended. As I have just said, how- award. The first of these claims was in the fol- ever, the principal obligation of one party to the lowing terms:— contract is suspended whilst the principal obliga- tion of the other party is not. The worker is en- Resumption of Work after Annual Leave. titled to receive and the employer is required to When a worker is not notified prior to tak- pay wages for a period during which no work is ing his annual leave that no further work is done for the employer and when this is kept in available at the works, his employment shall mind it does not appear such a reasonable pro- be continued on his return for a minimum position to say that the employer should, in addi- period of two (2) weeks or he shall be paid tion, be deprived of his contractual right to ter- two (2) weeks' wages in lieu thereof, unless minate the contract during that period. dismissed for misconduct. The termination of a worker's service always Taken literally, and having in mind the earlier occasions the worker inconvenience to an extent provisions of this clause relating to the termina- which varies according to the circumstances and, tion of contracts of service, it is extremely doubt- putting sentimentality aside, there is no obvious ful whether this claim, if granted, could stand in reason why that inconvenience should necessarily the face of the provisions of subsection (2) of be greater if the notice is given during annual section 61 of the Act. Quite apart from that, leave than if it is given at some other time. As if the claim were to be taken literally it would be Mr. Ince pointed out, there will be occasions when disallowed on the submissions. it is more convenient for the worker to receive 722 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. notice during his annual leave for, being free of To make the point of that quotation clear in the the obligation to work out his notice, he will have present context, I should explain that the answer a better opportunity to seek new employment than of the S.E.C. was in the terms of the existing would otherwise be the case. In the economic cli- Metal Trades award and the principle referred to mate which is likely to prevail during the cur- in the quotation was that provisions which the rency of this award, the difficulties in finding new parties had arrived at by consent over a long employment are likely to be minimal. In depressed period of time would not be changed except for times, I would think it likely that a worker would good and substantial reasons. The Engineering not regard notice during annual leave rather than (State Electricity Commission) Award therefore at some other time as a comparative disadvantage. offers no support for the present claim. There is nothing before me which suggests that Reference to the Law Book Company's Industrial employers make a practice of giving notice during Information Digest at pages 1065-6, indicates that annual leave rather than at other times. On the the provision which appears in the existing awards contrary, the only evidence on this point—that is that which is usually to be found in Federal of Mr. Moredaunt—■would tend to indicate that awards and, as I remarked in the Engineering the reverse is the case. (State Electricity Commission) case, is also the pro- I find myself unable to agree with the unions vision which is usually found in awards in this that notice of termination of service should not State. In 1956 Mr. Justice Pellew, referring to a be given during annual leave and this claim will similar provision in the Radium Hill Uranium therefore be refused. In coming to this conclusion, Mining Award, said— however, I have assumed that notice given to a It would appear to me that the above clause worker during annual leave is actually conveyed under this heading is ideally just and makes to the worker in such a way that the period of proper provision for an employee who carries notice is available to him in a real sense for the out work in a higher category. (27 S.A.I.R. p. purpose of seeking new employment. As at pres- 50). ent advised, it seems to me that in some circum- I endorse with respect His Honour's viewpoint stances at least (as, for example, when a worker and the existing provision will be continued. has left his usual place of residence to go on a No Reduction. vacation) notice by way of a letter addressed to The unions sought a clause in these terms— the worker at his usual place of residence would Nothing herein shall in itself operate to re- not accord with that assumption. However, there duce the wage of any worker below the rate was nothing before me on this point and I am actually received by him at the date hereof. therefore left with no recourse other than to dis- During the hearing it appeared that there was miss the claim. no matter before me which would be likely to bring The second claim which gave rise to dispute about a reduction in any worker's wage and Mr. was in these terms— Anderson agreed that in those circumstances the Accident Pay.—In the event of a worker clause set out above would have no practical effect. meeting with an accident during any day or It has since become apparent to me, however, that shift, or being required to attend to one who a variation in the definitions in the welding section has met with an accident, he shall be deemed could result in reductions in the case of some to have rendered duty during the whole of workers and, as liberty has been reserved on that the shift, and be paid accordingly. question, I think it fair to reserve liberty on this There may be some merit in this claim and provision also. The fact that I do so is not to be there may be some necessity for some such pro- taken as an indication that if the welding de- vision. On the submissions put to me in support finitions are subsequently altered a "no reduction" of it, I am unable to decide whether there is either provision will be automatically inserted. That will merit or necessity. The claim is refused. be a matter to be determined on the submissions Clause 8.—Higher Duties. made if and when that situation arises. In this clause the unions claimed that a worker Clause 10.—Apprentices. engaged for two hours or more on any day on Three matters arise for determination under this work carrying a higher rate than his ordinary clause. The first of these relates to the number classification should be paid the higher rate for of apprentices that may be taken by an employer the whole day. Under the existing award the and in this connection the existing award prescribes worker is paid the higher rate for the day if he a ratio of one apprentice to every two journey- performs the higher function for more than half men, with the following proviso:— the day and the employers sought to have this con- Provided further that in an "approved" shop tinued. or factory the proportion shall be one (1) In support of the claim, Mr. Anderson said that apprentice for every one (1) journeyman. For it was necessary to ensure that workers are cor- the purpose of this proviso an "approved" shop rectly classified but I confess that the point of that or factory shall be one to which approval (as argument escapes me. In addition he relied on the regards one or more particular trades) has fact that the provision claimed appears in the been given by the Board of Reference Engineering (State Electricity Commission) Award. appointed under clause 21 hereof. When inserting that provision in 1964, I had this The employers asked that the foregoing proviso to say— be carried forward into the new award, but the The provision sought by the S.E.C. in sub- unions asked that it be replaced by a proviso in the clause (a) of its answer is that more usually, following terms:— but not invariably, prescribed in awards in this provided further that by agreement between State, whereas the provision claimed by the the Union or Unions concerned and the em- applicants sought to go beyond the usual pre- ployer, such additional apprentices may be scription. In accordance with the principle to employed, and in the event of disagreement, which I referred at the commencement of this the employer may be permitted such additional decision I have continued the provisions which apprentices as determined by a Board of Re- appear as subclause (a) of clause 5 of the ference or the appropriate Apprenticeship existing award. (44 W.A.I.G. p. 621.) Board. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 723

The existing proviso was inserted by the Court A similar provision was inserted in the Building of Arbitration on an experimental basis in 1951. Trades Award by the Court of Arbitration in 1960 Since then there have been quite a number of and has, so far as I am aware, operated without applications for approval under the proviso and in causing undue difficulty. I am of the opinion that most instances they have been opposed by the it is not an unreasonable burden to place on em- unions. In many cases an application is made by ployers in this industry as a contribution to im- an employer not because he desires to take appren- proved apprentice training. To cater for any tices in the ratio to tradesmen of one to one, but difficulties which may arise in its implementation, because he desires to take one or two apprentices however, liberty will be reserved if the respondents over the one to two ratio. feel that it is necessary and so indicate at the Since 1951 the Minister for Labour has estab- Speaking to the Minutes. lished an Apprenticeship Advisory Council in this Clause 12.—^Employment of Females. State and the Commission, pursuant to amended Under this heading the unions claimed that regulations, has appointed a number of Apprentice- females should be paid the appropriate male mar- ship Advisory Boards for various trades. Those gin when employed in any calling to which the Boards seem to me to provide the best medium award applies, and they also sought to restrict for dealing with any disagreements as to the num- the employment of females to cases in which the ber of apprentices to be taken by an employer. unions had given permission for their employ- The unions have given a clear undertaking that ment. The employers objected to the inclusion they will not unreasonably withhold their consent of any special provisions for females, and simply to the taking of apprentices in excess of the pre- sought the unqualified right to employ them on scribed ratio and, having regard for their recent any work at the female basic wage. attitude to the introduction of shortened appren- I am satisfied from the inspections made m ticeships in this industry, I am satisfied that they this case that there is a great deal of work in will honour that undertaking. the industries to be covered by this award which The unions' claim will enable an employer to is suitable for females. I am equally satisfied take the maximum number of apprentices that that there is a good deal of work which, either he can properly train and, in my opinion should, because of its nature or because of the conditions in substance, be allowed. existing in the establishment in which it is car- The second matter in dispute arises from a ried on, is not suitable for females. The right claim by the employers that a provision be in- of an employer to employ females and, more im- serted in these terms:— portantly, the right of a female to work, should A minor who has satisfactorily completed an not, however, be subject to permission from approved pre-apprenticeship course conducted unions, particularly when, as is the case here, by the Technical Education Division of the those unions consist almost exclusively of males. Education Department may be indentured as I have accordingly made provisions for females to an apprentice under this award on a three- be employed without restriction except in cases year term of apprenticeship. where the Board of Reference determines that the work is not suitable for them. This claim was before the Commission as pres- As to the marginal rate to be paid to females ently constituted last year and was refused for when employed on work to which the award will reasons which are set out in 45 W.A.I.G. p. 972. apply I would make the following observations. Those reasons did not touch on the merits of First, when a margin has been fixed as the value the claim, but did take account of the fact that of certain work that margin should be paid to the claim would be brought forward again in the whoever does that work. Secondly, where the present reference. work of any given calling normally consists of _ a The provision claimed was inserted by the Com- number of operations or duties and the margin mission in the Radio and Television Workers Award for that calling has been fixed on the assumption last year (45 W.A.I.G. p. 191) and is operating to that any worker engaged in that calling will gen- the satisfaction of all parties. I am satisfied that erally perform all of those operations or duties, it can operate with benefit in at least some of then a worker who performs only part of that the trades which will be covered by the award now work is not necessarily entitled to the margin so to be made. I am also satisfied that the pre- fixed. It is otherwise, however, when the opera- apprenticeship training system is now part of the tions or duties which comprise _ the work of a policy of the Apprenticeship Advisory Council and particular calling are all of a similar nature or I have therefore decided to insert a provision in require about equal skill for their performance and the terms claimed by the employers. the margin for the performance of all of them The final matter in dispute arises from a claim has been set at the value of the performance of by the unions which is in these terms:— any of them. Apprentices from any district in country The foregoing observations apply equally to males areas where an appropriate technical class and females and there are, in my view, no other is not established, shall attend an approved rules which should govern the determination of technical centre for two (2) weeks' training any question as to the rate of pay which a female each year, without loss of pay. should receive when engaged on work to which There can be no doubt that a period of concen- this award applies. trated personal instruction each year is of great In the main, it seems to me that the work being advantage to boys who are otherwise largely done by females which the Commission saw in the dependent on correspondence courses for their course of inspections would properly be classified technical training. Nor can there be any doubt as process work, but as I have not been asked in that it makes an important contribution to the these proceedings to determine any such question, maintenance of a high standard of apprentice I will simply reserve liberty to apply so that, when training in country as well as metropolitan areas. the parties have had an opportunity to consider Many country employers already recognise this these reasons for judgment and to re-examine any and voluntarily treat their apprentices in the man- such work they can, if necessary, apply for the ner described in the claim. inclusion of new classifications. (2)—27357 724 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

Clause 13.—Cadets. in my view, be right for the Commission wholly to I have already referred to this matter in connec- exclude cadets from the operation of the award tion with the definition which has been included without a knowledge of the conditions under which in the award and my remarks there should be they are to be employed. read in conjunction with those that I now make. I am of the opinion that provisions somewhat Clause 24 of the existing award, so far as along the lines of the existing award will afford material, is in these terms:— proper protection to the interests of all parties (b The employer of a cadet shall notify the and the matter is determined accordingly. Industrial Registrar within fourteen (14) Clause 14.—Hours. days of his engagement. Upon receipt of The first matter in dispute under this clause such notification the Registrar shall give is a claim by the employers which, if granted, the union fourteen (14) days in which to would enable shift workers on non-continuous object to the employment of the cadet. shifts to be rostered for ordinary hours on Satur- (c) On receipt of an objection the matter shall day. It would appear that no employer covered be referred to the Court and the Court, by the award works in this manner at present nor after hearing the parties, may make such am I aware that any such employer desires to. order as it thinks fit. If the occasion arises an application can be made (d) University, Technical College and School at any time pursuant to section 92 of the Act and of Mines Students.—Provision may be made any firm proposal can then be looked at in a by agreement between the parties as to proper manner. This claim is therefore refused. terms and conditions of employment, but any such agreement shall be submitted to The unions claimed that the meal interval should the Court for approval within one (1) not be less than thirty minutes but nothing was month after the making thereof. put to me to show that such a restriction was necessary. The existing subclause which provides Originally, the employers asked that the fore- that meal interval shall not exceed one hour will going provisions be included in the new award but be continued. at a late stage of the proceedings Mr. Ince sub- The unions claimed a fifteen minute rest period mitted an amended counterclaim in the following morning and afternoon but the claim was not justi- ing terms:— fled on what was put to me in these pi'oceedlngs A cadet employed by an employer bound by A claim for "cooling off" time for certain foundry this Award, who is completing an appropriate workers is in a similar case. course at a recognised education institution, shall not be bound by the provisions of the Clause 15.—Overtime. Award. The principal matter in dispute in this clause The unions had objected to the inclusion of the concerns the rate to be paid for overtime. The original counterclaim and did not amend their award now to be made will replace, inter alia, the answer after the amendment just referred to, but Metal Trades (South-West) Award and the Metal from their somewhat desultory submissions on this Trades (Northern and Eastern) Award. Under question I take their real attitude to be that they the former, overtime is paid for at the rate of do not wholly object to the employment of cadets time and a half for the first four hours and double but that they consider that it should be kept within time thereafter. Under the latter, double time reasonable bounds and subject to reasonable con- becomes payable after two hours' work on any day. ditions. It should be noted that whilst the unions The unions have sought to continue differential objected to the inclusion, inter alia, of subclause rates for the two areas but have claimed an in- (d) of the existing award, they sought the con- crease in both rates. The employers have asked tinuance of clause 25 of the Metal Trades (North- that the provisions of the South West Award be ern and Eastern) Award which is in closely similar adopted for all areas. terms. In what follows, therefore, I do not include There is, in my opinion, little to support the a reference to University, School of Mines or claim for differential rates in the two areas and Technical College Students when I use the term I am not aware of any other award having State- "cadet." wide operation in which any such differentiation In my view an employer is entitled to train his appears. As to the rate itself, it was submitted prospective administrative or supervisory personnel by Mr. Ince that time and one half for the first in the best way he sees fit and should not be de- four hours is the "standard" provision in this State barred from using his plant and machinery to that and is only departed from in special circumstances. end. Nor should he be prevented from giving In this connection he referred me to a number of such personnel practical experience in all or any decisions which were said to support this view, the phases of his business operations. It is worth first being a decision of Schnaars, C.C. (as he then observing, in this connection, that sound practical was) in a Typewriter Office Machine Mechanics' experience at the factory level is likely to result in Award case in 1961 (41 W.A.I.G. p. 290). In that the future management of any firm having a more decision in relation to the whole of the Overtime realistic appreciation of the problems encountered clause the Commissioner simply said—"these pro- by the workers than might otherwise be the case. visions are in accordance with standard regula- On the other hand, the unions are entitled to tions". Superficially this seems to support Mr. seek to ensure that the employment of cadets is Ince's submission but on examining the issues in not prejudicial to the real interests of their mem- that case, I find that the provision in which time bers on whose behalf they expend considerable and a half for the first four hours is prescribed time and effort in obtaining awards. To grant was by consent. The next case referred to was the amended counterclaim would deprive the again a decision of the Conciliation Commissioner unions of any opportunity in that regard and would in the Restaurant and Tea Rooms Award case (42 not be conducive to the preservation of good in- W.A.I.G. p. 102) where the Commissioner, in pre- dustrial relations. Furthermore it is the general scribing double time after four hours' overtime intention of the Act that an award should apply in any week said—■"This is a fairly general prin- to all workers employed in any occupation to which ciple applying in this State". Again, on consult- the award relates and this being so, it would not, ing the issues in that case I find that the then 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. existing award provided for double time after six and the length of any tea break allowed. In my hours; that the union claimed double time after opinion it is not unreasonable that double time four hours; and that the employers had sought should apply in such a case. As I have mentioned double time after seven hours; in each case on it does so apply in the case of the present Metal a weekly basis. Mr. Ince also suggested that the Trades (Northern and Eastern) Award. It also decision of the Court of Arbitration in the Building applies in a number of other awards in this State Trades case in 1960 gave support to his proposition, but more particularly in the Building Trades but on examining that decision conceded that it Award. was not as strongly in his favour as he had thought. The same considerations do not apply, however, A statement which supports Mr. Ince's position with regard to overtime worked on Saturday by a far more strongly than those referred to by him worker whose ordinary hours are worked on Mon- occurs in the judgment of Jackson, J. in the 1951 day to Friday. In such a case I am of the opinion Metal Trades case, wherein the learned President that the rate for overtime should be the same as said— for workers whose overtime is calculated on a It appears to me that time and a half for weekly basis. ^ . the first four hours is the present standard In addition, for the reasons given m the Dau-y overtime provision of this Court and of most Factory Workers' case (45 W.A.I.G. p. 52) I am other industrial tribunals throughout Aust- of the opinion that overtime worked on Saturdays ralia. (31 W.A.I.G. p. 581). after twelve noon should be paid for at the rate There can be no doubt that the majority of of double time. awards in this State provide for double time after, In determining the matter accordingly I appre- four hours' overtime, and that for some time this ciate that workers under the Metal Trades (North- has been regarded as a standard prescription. ern and Eastern) Award are having their condi- This has not always been so, however. In 1927, tions worsened insofar as overtime on Satuiday for example, the Court of Arbitration was in the mornings is concerned. Whilst the Commission is habit of referring to double time after two hours' generally reluctant to worsen conditions of em- overtime as "the usual provision" (see, for ployment which have existed for a considerable example, 7 W.A.I.G. pp. 144, 232) and in early time, I am satisfied that I should do so on this metal trades awards in this State the higher occasion, firstly in the interests of uniformity of penalty became payable after two hours. When, prescription with respect to an important condi- or why the old "standard" was sloughed and the tion of employment, and secondly, having regard present "standard" adopted I have been unable for the fact that the overall conditions of employ- to ascertain, but it may have come about as a ment are being substantially improved. result of the application of the Federal Metal The balance of the provisions claimed under Trades Award to Western Australia for a short this clause were not justified on the submissions time in the early 1920's. Be that as it may, double put to me except that I have been persuaded to time after four hours' overtime now applies in the reduce to half an hour the period of^ work that great majority of cases and it is necessary to deter- may be performed during the meal period without mine whether it should apply here. payment of overtime. An examination of a large number of decisions of the Court of Arbitration and of industrial tri- The employers' counterclaim for compulsory bunals elsewhere in Australia leads me to the con- overtime has been allowed. Quite apart from the clusion that there is no common principle on which submissions on this point, events which occurred overtime rates have been arrived at, but that the repeatedly during the proceedings make it clear rates applying in each jurisdiction have come that such a provision is necessary. about simply as a result of discretionary judg- Clause 16.—Shift Work. ments. The decisions in this State also reveal that Considerable confusion arose during the pro- double time after four hours' overtime has come ceedings in relation to shift work and at page 947 to be regarded as the "standard" without regard of the transcript I was constrained to say— for whether overtime is calculated on a daily of a weekly basis. The main thing that I want to know is Overtime is an important condition of employ- just what the parties do want and just what ment which is common to all awards, and in my the parties do not want. And then I can de- view this Commision should lay down a "standard" cide what the parties are going to have. At which will be applied in all cases unless some the moment I am in considerable doubt as to special circumstance exists which renders the all of those things. "standard" inappropriate in a particular case; and At the conclusion of the proceedings I was not I would not regard the existence of Eastern States much further advanced and having re-read the provisions which may differ from the "standard" transcript my doubts remain to a large extent as such a special circumstance. unresolved. For this reason and for the further It seems to me that there is an obvious justifica- reason that a number of provisions from the con- tion for making a distinction between awards in struction awards have now been included I do which overtime is properly determined to be cal- not propose giving detailed reasons in relation to culated on a daily basis and those in which it this matter. The parties will be allowed a degree is properly determined to be calculated on a weekly of latitude at the Speaking to the Minutes if they basis. In this connection I am of the opinion feel that the provisions included in the Minutes that, where the hours of work are regularly worked require modification. in shifts of equal length over five days of the week, Seniority. overtime should be prescribed on a daily basis. Where, however, the nature of the industry The unions claimed the following provision:— requires the working of irregular hours, overtime In the event of retrenchments the last work- should generally be related to the standard weekly er employed in the particular classification hours rather than the standard daily hours. shall be first to be dismissed. If a worker has A worker who works eight hours in ordinary been reclassified during his employment then hours and two hours in overtime hours on any day his length of service for the purpose of de- will generally have been at work for eleven hours termining seniority shall be deemed to date or more depending on the length of the meal break from the commencement of his employment. [29 June, 1966.

Any dispute arising out of this clause shall right to payment at overtime rates only if an be determined by the Board of Reference pro- employee is "kept waiting" for more than a quar- vided in clause 22 of this Award. ter of an hour and only in respect of time after Such a provision would, in my opinion, repre- that quarter of an hour. It will be seen that it sent an unwarranted intrusion on an employer's gives no support for the contention that wages right to retain the best workers available to him. should be paid in the employer's time but attempts Apart from this I have considerable doubt to give formal recognition to the principle that whether the provision could be awarded in the an employee should not be kept waiting for his face of the provisions of subsection (2) of section wages for an unreasonable length of time. Having 61 of the Act. in mind the practice at Tomlinson Steel Ltd., however, I am inclined to agree with Mr. Ince's Clause 17.—Payment of Wages. submission that considerable practical difficulties The claims set out hereunder were made by could arise in determining whether, and for how the unions and opposed by the employers. long, an employee had in fact been "kept waiting". (c) Wages shall be paid weekly and in the In any event, I was not invited by either side to employer's time. insert the Federal Award provision as an alter- (d) An employee kept waiting for his wages native to the claim. on pay day or at the termination of his The third claim is refused on the submissions service, after the usual ceasing time shall made in support of it. Those submissions may be be paid at overtime rates for the time he found in two paragraphs on page 46 of the tran- is so waiting. script. (f) Adjustments to wages shall be rectified on the next following working day. Clause 19.—Special Rates and Provisions. As to the first claim, nothing was said in re- Carriage of the unions' case for a general in- lation to that part of it which seeks weekly pays. crease in special rates was left to Mr. Anderson. I observe in passing that the Federal Metal Trades The various allowances prescribed in this clause Award makes provision for weekly or fortnightly have originated at different points of time in the pays. In support of the second part of the claim, past and Mr. Anderson submitted that the Commis- Mr. Anderson said that arrangements for pay- sion should, with respect to each allowance, take as ment of wages vary from job to job and from em- a datum point the occasion on which it was first ployer to employer and that they should be stan- inserted in the Metal Trades Award and adjust dardised. The award will apply to employers whose the amount then prescribed in the proportion which establishments range in size from those employing the total wage now claimed for a tradesman bears one or two workers to those employing upwards to the total wage then applying. of one thousand workers; it will apply to main- tenance work, construction work and production There are a number of reasons why this ap- work; and it will apply to workers who are wholly proach should be rejected but I mention only the or partly engaged on "outside" work (including most compelling, namely, that in 1951 the Court country work) as well as to those who are regu- of Arbitration assessed the special rates in this larly employed in factories. In these circumstances award after a careful and detailed investigation it is far from self evident that there should be and nothing was put to me on which I could come any attempt at "standardisation" in this field. to the conclusion that the rates then fixed should Mr Anderson's submission was really no more unreasonable or that some earlier fixation should than an expression of opinion and was not sup- be preferred. In this connection it will be ob- ported by any evidence of hardship or unfair served that the same Court (differently constituted) treatment which might indicate a necessity for in 1958 simply adjusted the 1951 rates by a common some award regulation of this matter. I suggested factor to maintain them at a realistic level but in during the hearing that in the course of inspec- doing so retained the 1951 relativities between the tions the unions might draw my attention to any several rates. methods of wage payment which they considered Though I reject the formal submission, I recog- unreasonable, but no attempt was made to do this. nise merit in its underlying principle, namely, that The only evidence on the point was that of Mr. special rates should be adjusted from time to time Moredaundt who described the procedure which to restore them to a realistic level when their value operates at Tomlinson Steel Ltd. He was not has been eroded by price movement. Mr. Ince con- cross-examined with respect to this and from his ceded that price movement was a factor to be taken description I see nothing wrong with that pro- into consideration but insisted that it was not the cedure. only factor to be considered. He contended that I have said on other occasions that it is far the Commission should also have regard for rates from being a self-evident proposition that workers and movements in rates in other comparable awards should be paid in the employer's time and and also, since in his submission the determination nothing has been put to me in these proceedings of special rates is largely what he called a "domes- which would make me think otherwise. Generally tic" matter, for levels and movements of rates in speaking, employers endeavour to adopt a pro- other awards in this State. He also submitted that cedure for payment of wages which will integrate special rates should not be adjusted on account of efficiently with their general accounts system and chauged money values unless a reasonably lengthy their administrative staffing arrangements and in period had elapsed since they were last reviewed my view they are entitled to do so unless the pro- or unless the change in money value was substantial cedure which they adopt imposes unreasonable and he contended that if any adjustment were to conditions on the employees. As I have said, there be made on this basis in the present case the pro- was no evidence that any such unreasonable con- per starting point for the Commission's considera- ditions exist and the claim is therefore refused. tion was the 1958 variation to the Metal Trades For similar reasons the second claim set out Awards. above is also refused. In this regard I should men- In arriving at my decision on this matter I have tion, however, that the Federal Metal Trades looked for assistance in past decisions in this State. Award contains a provision which is somewhat I summarise some of those decisions now in similar to the present claim but which creates a chronological order. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

1956. Railway Employees' Case (Schnaars, values has occurred. Finally he agreed that C.C.) 36 W.A.I.G. 487 at p. 492. the rates applying in other railway systems The Commissioner took as his primary guide were a relevant consideration. Rates fixed in- the amounts prescribed in Eastern States Rail- cluded— way systems. He also had regard for other Dirty Work—6d. per hour. awards in some instances and in other in- Confined Space—8d. per hour. stances fixed allowances independently of any Height Money—4d. per hour. reference to particular awards. The award con- An examination of these and other decisions tained, inter alia, the following:— leads me to agree with Mr. Ince's submission that Height Money—Is. 8d, per day. variation in the purchasing power of money is Confined Space—6d. per hour. not the only factor that is relevant to the fixation Dirty Work—4d. per hour. of special rates. It does seem to me, however, that when special rates in an industry have been de- 1957. Water Supply Case (Court of Arbitra- termined by an industrial authority after due tion), 37 W.A.I.G. 71 at p. 72. investigation and a substantial depreciation in the Nevile, J. adjusted rates fixed by industrial value of those rates has occurred, there is a strong Boards in 1938 "to compensate to some extent prima facie case for adjustment of those rates for the alteration in money values that has and the onus rests on the party opposing such an occurred since that date". In so doing he dis- adjustment to show that there are other factors regarded consent variations which had been which indicate that that course should not be made in the intervening years for the reason followed. In this regard Mr. Ince suggested that that "on the whole it is far more equitable the Federal Metal Trades Award has been a "fairly to take as a basis rates fixed by an industrial big influencing factor" in the fixation of special authority after due investigation and enquiry". rates in this award but I can find little to support The award contained some thirty-five special this suggestion. allowances, the majority of which were specially In 1951 Mr. Justice Jackson assessed the rates oriented to the industry in question. No sepa- in the State Metal Trades Award without so much rate allowance was fixed for height or confined as a mention of the Federal Award except in re- space. Dirt money for workers other than lation to the allowance for pattern making ap- firemen and greasers was fixed at 2d. per hour. prentices, a fact which is readily understood when it is remembered that the then existing 1958. Metal Trades (Court of Arbitration). Federal rates had not been subject to review for 38 W.A.I.G. 692. (Order at p. 287). many years. In this connection it is of interest In this case the Court, per Nevile J., said— to note the remarks of Galvin, C. C. when making "These rates were last reconsidered in 1951. the 1952 Federal Award (73 C.A.R. p. 397) which Since then similar rates in other awards have indicate that he had been influenced by the re- generally been increased by one third and such cent decisions of State industrial authorities, so an increase will bring these rates to approxi- that the situation may be the reverse of that sug- mately similar real values to those which they gested by Mr. Ince. had in 1951." In 1958 the Court again paid no regard to the The rates fixed for height, confined space Federal Metal Trades Award and, in fact, speci- and dirty work were— fically refused a counter claim by the employers Height Money—2s. per day. for a non-accumulation provision—a provision Dirt Money—3d. per hour. which is to be found in the Federal Award. Finally, Confined Space—8d. per hour. it is perhaps worth noting that although in 1961 1960. Building Trades Case (Court of Arbitra- almost all special rates in the Federal Metal tion). 40 W.A.I.G. 667 at p. 670. Trades Award were varied by consent, no appli- cation was made for any variation of the State In this case the Court, per Nevile, J., said— "We have, however, adjusted the rates in ac- Award by any of the parties now before me. cordance with the changes in value of money In the absence of any consciously contrived re- since they were first fixed." lationship between the special rates in this award In addition the Court added certain new and those in the Federal Metal Trades Award or, provisions based on awards in the building for that matter, any other award, I am of the industry in the Eastern States. The follow- opinion that generally speaking I should do no ing allowances, inter alia, resulted— more on this occasion than adjust the rates fixed Dirty Work—6d. per hour (with a mini- by the Court of Arbitration in 1951 so as to restore mum payment as for four hours). them to a realistic level. To this end I have in- Confined Space—6d. per hour. creased the 1951 rates by roughly two-thirds ex- cept in those cases where the parties have agreed 1964. Railway Employees' Case (Cort, C.). or the employers have proposed that a higher rate 44 W.A.I.G. 139 at p. 142. be fixed. The parties will note that the calcula- In this case the Commissioner accepted a tion is not precise in every case, owing to the con- submission that special rates in the Railway version of the rates to decimal currency and the Employees' Award should not be less than desirability of keeping the rates in whole cents. those fixed in other awards applying in this State where workers are working under simi- Before turning to matters requiring individual lar conditions but subjected it to the proviso comment, there is one matter I wish to remark on. that rates in those other awards had been In rejecting Mr. Anderson's formal argument, I fixed by an industrial authority. He also ac- think I should mention that even if the argument cepted the propriety of adjusting rates to had succeeded it would not have resulted in the maintain their purchasing power but pointed unions' claims being granted for the amounts out that this did not necessarily involve a which resulted from the application of his strict adherence to price index numbers. In "formula" bore little, if any, resemblance to the this connection he also pointed out that in the amounts which had been claimed. When asked past adjustments have not been made on this for an explanation of this deplorable state of af- basis unless a substantial change in money fairs, Mr. Anderson made it clear that the claims 728 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

had been put forward against his better judgment by them when performing (as they sometimes do) and against his advice. The people who drew up linesman's work, but I find it unnecessary to ex- the claims presumably considered them to be press an opinion on this submission other than to reasonable and if, notwithstanding advice from say that the difference between the wage to be their advocate that he was unable to devise a paid to electrical installers and that to be paid supporting argument, they desired that those claims to linesmen will more than compensate for any be persisted with, they had at least a moral duty such disabilities. to come forward as witnesses in an endeavour to The claim for a variable allowance was supported justify those claims by evidence. Had they done by the evidence of Mr. D'arcy who said that the so, they would at least have relieved Mr. Anderson risk increased with the height and that "you are of the embarrassment of engaging in an exercise liable to be working in greater winds as you increase which was a pronounced farce from beginning to your height which affects your movement on steel end. work". I turn now to specific items which require some Apart from this evidence, which was very scant comment. and which was no doubt coloured by the fact that Mr. D'Arcy, at the time he gave his evidence, was Height Money. employed as a rigger on the erection of towers as Existing provision— high as twelve hundx-ed feet at North-West Cape Workers, except riggers and splicers engaged (a project to which this award will not apply), on ships and buildings, engaged in the erec- there was nothing put to me which would justify tion of steel frame buildings, bridges and any departure from the general rule. There was, gasometers at a height of fifty feet or more for example, nothing to indicate where or whether, above the nearest horizontal plane shall be under this award, workers other than riggers ax-e paid at the rate of twenty cents per day extra. employed at heights in excess of fifty feet nor, if Unions' claim— there be such cases, under what conditions the Employees working at a height of 30 feet work is performed, nor was there anything on which above the nearest horizontal plane shall be I could have assessed the intervals at which differ- paid at the rate of twenty-seven cents per ent rates should apply. hour extra, each additional 30 ft. or part The fourth matter involved under this heading thereof employees shall be paid at an addi- was not mentioned by any of the union advocates tional rate of seventeen cents per hour; em- in submissions nor was any evidence relating to ployees working on swinging scaffold, or such work tendered orally or in inspections. boatswain's chair, shall be paid at the rate The several alterations sought by the unions of ten cents per hour in addition to the rates have therefore been refused. prescribed herein. Employers' answer— Dirt Money. As in existing provision with the addition of Under this heading the unions claimed that the "linesman" after "ships and buildings". allowance should be paid for "work of a dirty As will be seen, there are four matters which nature". Under the existing award the allowance call for decision. First, whether this allowance is only payable for "work of an unusually dirty should be payable to riggers and splicers and lines- nature". The employers asked in this regard that men. Secondly, whether the minimum height at the existing provision be continued. which the allowance becomes payable should be The unions' submissions on this claim were pres- thirty feet or fifty feet. Thirdly, whether the al- ented by Mr. Salmon who argued that the allowance lowance should be increased as the height above is intended as compensation to a worker who be- the nearest horizontal plane increases. Fourthly, comes dirty in the course of his work and that the whether separate provision should be made for addition of the word "unusually" is unnecessary employees working on swinging scaffolds or bosuns' and can lead to an unduly restrictive application chairs. being given to this provision. He supported his As to the first point, it is well known that work- contention by reference to a situation which has ing at heights is an ordinary incident of the occurred in the field of electrical installing as a employment of riggers and linesmen and should result of the introduction in recent years of power therefore be taken into account in the determin- driven carborundum saws for cutting channels in ation of the marginal rates for those callings. This masonry and brick work. The use of this power has been the case in the past in Australia generally tool, which was observed by the Commission dur- and in this State in particular and, in my opinion, ing inspections, undoubtedly gives rise to extremely it should continue to be so. A United Kingdom unpleasant working conditions and, Mr. Salmon agreement applying to steel erectors was referred contended, conditions far more dirty and unpleas- to by Mr. Mutton and by his witness Mr. D'Arcy in ant than the method previously employed for this support of the proposition that height money be work. He pointed out, however, that this could now paid to riggers but as I have remarked elsewhere be said to be a nomial incident of the employment and as the Court of Arbitration has remarked of electrical installers and that, as a consequence, on previous occasions, overseas agreements are it could not be argued under the terms of the really of little significance in the determination existing award that an installer engaged on this of industrial issues in the Australian context, and work is engaged on work of an unusually dirty are clearly of less persuasive value than awards nature even though the work is extremely dirty and made by Australian industrial authorities. unpleasant. As to the second point, there was really nothing The Court of Arbitration in the past consistently put to me on which I could decide the issue other- took the view that where any obnoxious feature is wise than by reference to other awards. Having commonly present in the work of the particular done so, I am satisfied that the height should calling, it should be recognised in the margin fixed remain at fifty feet. Mr. Salmon did submit that for that calling and not by way of special allow- a reduction in the minimum height is necessary ance. Such an allowance has generally been re- to compensate electrical installers for the unac- garded, as the name itself suggests, as a compensa- customed discomfort and inconvenience experienced tion for the unusual or uncommon incident which 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 729 occurs intermittently or irregularly and which can- adequate compensation for some of the work seen not readily or reasonably be regarded as an element by the Commission. In addition, it seems likely suited to incorporation in a marginal rate. I am that such a provision might not be suitable for satisfied that in the majority of cases this view work under tunnel kilns, not only because of the provides a commonsense and practical guide in temperature but also because of the confined areas determining whether a marginal rate or a special in which it appears the men are required to work. rate is the appropriate medium of fixation for any Again, it was alleged by Mr. Salmon, though no given disability. In the present case I think it evidence was produced to this effect, that condit- points to compensation in the marginal rate, a ions exist in several of the establishments operated conclusion which is strengthened by reflecting on by Brisbane and Wunderlich which may approach the difficulties which would result if the union's those at Australian Consolidated Industries. Finally, claims under this heading were to be allowed. it was asserted by Mr. Ince in relation to the work Those difficulties are, I think, so obvious that they in brickyards that conditions vary as between the require no exposition. three employers concerned and it would seem likely The employers' answer will therefore be allowed that this is also the case with other establishments and I should mention in this regard that in this where work in high temperatures is performed. case the answer incorporates a rate of allowance In the result I have decided to include a general which exceeds the amount resulting from the provision for work in temperatures between one adjustment which would otherwise have been hundred and fifteen degrees and one hundred and made. twentyfive degrees fahrenheit and a further pro- vision which will enable an appropriate allowance Confined} Space. to be determined by a Board of Reference where Although an allowance of twenty cents per hour the conditions under which work is to be performed was claimed under this heading, this is an instance are, by reason of excessive heat, exceptionally where Mr. Anderson's "formula" would barely have oppressive. For the guidance of any Board of sustained the existing rate. Apart from that ques- Reference which deals with a dispute under this tion no issue arose in relation to this provision provision I think I should indicate that I intend which requires further comment. that the overall conditions under which the work is performed should be looked at and not simply Diesel Engine Ships. the prevailing temperature. I should also make it Here again the only dispute related to the rate of clear that the upper limit of the allowance which allowance. In the past this allowance has been the Board may prescribe is no more than that and arrived at by adding together the rates for dirt is not to be taken as an indication, except in a money and confined space and that practice has relative sense, of what is a proper amount in any again been followed. I think I should mention that given case. although the award restricts this payment to work below the floor plates it is, in fact, the common Cold Places. practice of employers to pay this allowance for any The only evidence bearing on this claim related work done in the engine room whether below the to work in abattoirs and as that work will be the floor plates or not. subject of a separate provision this claim is re- fused. There may well be other places where Hot Places. workers work in low temperatures but when a party Under this heading claims were made by the seeks to have a new type of provision included in union for an allowance to apply generally to work an award, there is an onus on him to bring some in temperatures exceeding one hundred and fifteen evidence to show the necessity for the provision degrees fahrenheit and, in addition, for special and to enable the Commission to form an opinion provisions relating to work in connection with as to the manner in which the provision should be tunnel kilns in brickyards. Originally the employ- framed. ers opposed both of these claims but after an in- spection of certain work at the Byford works of Tarring Pipes. Cardup Metro Bricks Pty. Ltd. and after the Com- There was no dispute on this provision and it mission had indicated that it considered that some merits mention only for the reason that the rate provision should be included, Mr. Ince proposed that agreed to exceeds that which would result if the a general provision in the terms of subclause (f) provision had been subject to the general adjust- of clause 8 of the Federal Metal Trades Award be ment which has been made to other provisions. included in this award. Pneumatic Tools. In addition to the Byford inspection, the Com- mission visited the plant of Australian Consolidated Originally the only dispute under this heading Industries at East Perth and inspected the areas related to the rate of allowance. Late in the pro- in the vicinity of the furnaces where work is per- ceedings, however, Mr. Ince sought and was granted formed from time to time by maintenance trades- leave to amend the employers' answer so as to men. The conditions in which some of that work exclude pneumatic rammers in foundries. The is performed so nearly approach the unbearable amended answer was strongly opposed by Mr. that I am satisfied that a provision in either the O'Connor who drew a parallel between the dis- terms claimed by the unions or those proposed by abilities encountered in the use of pneumatic ram- the employers would be quite inadequate. Further- mers on the one hand and pneumatic chisels on the more, to judge from the unions' claims and from other hand. the submissions made in support of them, the most The existing provision which confers an allow- oppressive conditions in brickyards are associated ance on a worker who uses "pneumatic tools of with work under the tunnel kilns before they have the percussion type" has been in the award for been properly cooled down, but none of this work many years and though pneumatic rammers have was in progress at the time of the Byford inspec- been in use in foundries for quite a considerable tions. time, it would seem that the allowance has been There can be no doubt that provision should be neither claimed nor paid for their use. Mr. Ince made in the award for working in hot places, and submitted that the introduction of pneumatic ram- there is also no doubt that any general provision mers involved no disability in that it replaces the which might be included would not represent laborious task of hand ramming and he contended 730 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. that the evidence of Mr. McMahon, a witness for waterproof clothing and if, through his failure to the Moulders' Union, and statements made by do so, he became wet it would be unreasonable in certain workers during the inspections, supported such cases to require the employer to pay an allow- his view. I am inclined to think, however, that ance. Whether a provision of this nature should the proper conclusion to be drawn from that evid- be included in this award and, if so, with what ence and those statements is that the introduction qualifications, is a matter which I could deter- of pneumatic rammers made it possible in a given mine only after hearing suitable evidence and time to do a greater amount of ramming than making any necessary inspections. could have been done by the hand ramming pro- cess. Be that as it may, I think the greatest im- Lift Work. pediment to the acceptance of the employers' The unions claimed a provision in the following answer is that the arguments raised by Mr. Ince terms— against the payment of an allowance for pneumatic Workers who are engaged in lift installation rammers would apply equally to most other pneu- in multi-storeyed buildings in the course of con- matic tools of the percussion type for which it is struction, and are required to work in the lift conceded an allowance should be paid. I am there- shaft shall be paid ten cents per hour extra. fore of the opinion that the existing provision Quite apart from any submissions that were should be continued in the new award. made in support of this claim, I am satisfied as a result of the inspections that workers engaged Explosive-powered Tools. on this work are entitled to some allowance, not The unions asked for the inclusion of a provision simply because of the work itself but because of in the following terms:— the conditions in which it is carried out, namely, Workers using Ramset guns or other ex- the conditions associated with the construction of plosive powered tools shall while using such a multi-storey building. However, in view of other tools be paid twenty-seven cents per day extra. provisions which are inserted in the minutes of In support of the claim Mr. Samson drew atten- the proposed award relating to construction work tion to the necessity for care in the operation of generally, no separate provision is necessary here. explosive powered tools and to the necessity for the operator to hold a licence. In this connection Chemical Manure and Cement Works. he put in the relevant regulations and a sample Existing provision— examination paper set by the Department of Labour The minimum rates prescribed for all as an exhibit. He said that in the metal industries explosive powered tools are used mainly by electri- classifications other than general labourer in cal installers and that he felt that the time might this award shall be increased by an amount come when it would be necessary for instruction calculated at the rate of sixty-seven cents per on the use of such tools to be included in the ap- week for workers in chemical, artificial manure prenticeship syllabus for that trade. and cement works in respect of all work done Mr. Ince, whilst conceding that an allowance for in and around the plant outside the machine this work appears in the Federal Metal Trades shop. Workers receiving extra pay under this Award and in the State Building Trades Award, clause shall not be entitled to dirt money strongly opposed its inclusion here. He submitted under subclause (3) hereof. that the only ground on which a claim for an Unions' claim— allowance for this work could be put forward is The minimum rates prescribed for all classi- the necessity to exercise care and he argued that fications in this award shall be increased by it is not too much to expect a skilled tradesman an amount calculated at the rate of four to exercise whatever degree of care is necessary dollars per week for workers in chemical, in the use of any tool commonly used in his trade artificial manure and cement works in respect without remuneration above his ordinary wage. of all work done in and around the plant out- No evidence was called on this claim and, as side the machine shop. Provided that this a consequence, I have no clear idea of the extent clause shall not exclude workers entitled to to which these tools are used in this industry, claim the allowances as set out in clause (5), either generally or in the course of an hour or (7) and (17). a day or whether they are used to approximately Employers' answer— the same extent by all installers who do in fact As in existing provision. use them on any particular job. An answer to In connection with this claim the Commission these questions would clearly be necessary before inspected the plants of the Albany Superphosphate a claim for a flat rate allowance to all workers Co. Pty Ltd., Cockburn Cement Pty. Ltd., Swan using these tools could be granted. Quite apart Portland Cement Ltd., and Cresco Fertilisers (W.A.) from this, I am of the opinion that Mr. Ince's Pty. Ltd. The work at each of these establish- viewpoint on this matter should prevail and the ments is attended by a number of unpleasant claim will be refused. It seems to me that if any features including dust, dirt, heat and confined provision at all is justified, it should not extend space. The extent to which these features are beyond re-imbursement for any expense incurred present varies from plant to plant and from season or time spent in a worker's own time in obtaining to season and from job to job within each plant. a license at his employer's request or direction. In regard to a good deal of the maintenance work There was really nothing before me, however, on performed in these establishments, more than one which I could reach a firm conclusion in this regard of the disabilities mentioned is present at the but I will be prepared to entertain submissions at same time and not infrequently all four are to be the Speaking to the Minutes on whether liberty found together. In the course of inspections I should be reserved with respect to this matter. endeavoured to ascertain the approximate amount Wet Places-. of time spent on average by the workers concerned This claim is refused for reasons similar to those in the various jobs which were attended by these on which the refusal of the claim for cold places disabilities but, understandably enough, without a was based. I would add that it should be borne great deal of success. Furthermore, as the existing in mind that in many cases it would be reason- award prescribes a flat rate of allowance which, able to expect that a worker provide himself with for all practical purposes, is treated as including 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 731 all other allowances, no statistics of special rates In all the circumstances I am satisfied that an paid for specific disabilities are available to enable allowance of two dollars and fifty cents is reason- any calculation of "average disability" to be made. able in the case of workers in abattoirs. No evidence In all these circumstances it is extremely diffi- was given or inspections made of any place which cult to assess a rate which can, with any certainty, was not an abattoir and the provision awarded has be said to be a proper rate. Nevertheless, all been restricted accordingly. parties desire that a flat rate be prescribed and Slag Wool. on the whole, notwithstanding the difficulties in- The unions claimed a provision in the following volved, I think this is the best arrangement in this terms:— particular case. It will be appreciated, however, A worker handling or working in the vicinity that any rate arrived at must, of necessity, be of a worker handling glass wool, glass slag or highly arbitrary and is the result of impressions sisal, shall be paid the amount of twenty cents gained during inspections rather than a firm per hour whilst so engaged. opinion founded on reasonably well defined facts. The only submission made in support of this In opposing any increase in the rate, Mr. Ince claim was that a similar provision exists in the really invited me to accept as correct the rate Federal Award. The Federal Award provision fixed by Mr. Justice Jackson in 1951 but as His differs considerably from what has been claimed Honour must clearly have been faced with pre- here. Furthermore, no evidence was brought nor cisely the same difficulties as beset me now, it were any inspections requested in relation to the would be as improper for me to accept as neces- use of slag wool or the other materials mentioned. sarily correct the rate fixed by him some fifteen The claim is therefore refused. years ago as it would be to expect that any future arbitrator should accept as necessarily correct the Small Foundries. rate now to be fixed. The existing award contains a provision in these Subject to what I have said, I am of the opinion terms:— that an allowance of one dollar and fifty cents Any tradesman employed in a foundry where per week is reasonable and that amount will be no other jobbing moulder or furnaceman is awarded. It will be inclusive of all other allow- employed, and who has to take charge of the furnace and casting, shall be paid twenty-five ances. cents per day above the minimum rate herein- Abattoirs and Meat Treatment Works. before prescribed for his trade. The unions claimed a provision in the following By consent the foregoing provision is now to be terms:— replaced by the following:— The minimum rates prescribed for all Any tradesman employed in a foundry where classifications in the award shall be increased no other jobbing moulder is employed shall be by an amount calculated at the rate of four paid at the rate prescribed for leading hands dollars per week for workers in abattoirs and in charge of not less than three and not more treatment works in respect of all work done than ten other workers. in and around the plant. Provided that this Welding Allowance for Tradesmen. clause shall not exclude workers entitled to Existing provision— claim the allowances as set out in (5), (7), (8) A tradesman (not employed as a first-class (a) and (b) and (17). welder) who in addition to his employment as This claim was prosecuted vigorously both by such, is also required to do welding other than way of evidence and inspections. Mr. Ince strongly heating and cutting of a minor nature, shall opposed the claim for a flat rate allowance and be entitled to receive thirteen cents per day in contended that metal trades workers in this industry addition to his ordinary rate of pay whilst so should be compensated for any unpleasant features •engaged. associated with their work under the appropriate Unions' claim— special rates already prescribed. A tradesman (not employed as a first class Both sides referred me to the Federal Metal welder) who in addition to his employment as Trades Award and the Engineering Trades such is also required to do welding and/or (Government) Award. Those awards support the cutting, shall be entitled to receive twenty- claim in one respect but not in another; and they seven cents per day in addition to his ordinary support the answer in one respect and not in an- rate of pay whilst so engaged. other. In each case they make provision for a flat Employers' answer— allowance and in each case the allowance falls Object to inclusion. considerably short of the amount claimed. In It will be observed that all parties have sought South Australia, the determination of the Abat- a departure from the provisions of the existing toirs Industrial Board also makes provision for a award. The unions, on the one hand, ask that the flat allowance and the amount accords with the present allowance be increased and that the in- present claim. crease rate apply to work which is excluded under Quite apart from the awards and determina- the present provision. The employers, on the other tions referred to, I am satisfied that a composite hand, say that no allowance should be prescribed allowance is the most convenient and satisfactory for any such work. method of compensating these workers for the un- In 1951 the Court of Arbitration, per Jackson, J., pleasant features of their work and I am also satis- held that an allowance of this nature should not fied that most of that work is unpleasant to a be prescribed. In 1958 the Court of Arbitration, greater or lesser extent and that a good deal of it per Nevile, J., held that it should. Both learned is highly obnoxious. In addition to the offensive Presidents arrived at their respective conclusions features of their work, these workers quite fre- largely from an examination of the history of the quently encounter work in hot, cold, wet and con- provision in State awards and they each construed fined places which, though often not hot enough, that history in a different way. I do not intend to cold enough, wet enough or confined enough to set myself the task of adjudicating upon these dif- qualify independently for a special rate, combined ferent constructions. In my opinion the question with and accentuate those offensive features. should be determined not from consideration of a 732 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. history which is clearly open to contradictory in- Tomlinson Steel Ltd. I saw nothing which would ferences but from consideration of the facts as they suggest to me that boilermakers should get an exist today, more particularly as those facts are additional rate for welding nor was any such sug- readily ascertainable and are really not disputed. gestion put to me by the shop steward who accom- Those facts are that in the case of almost all panied the Commission on that inspection. tradesmen who are required to weld from time to In my opinion welding is part of the trade of time welding is now regarded as part of their trade tradesmen other than welders and being part of and is, for the most part, taught during the course those trades is properly rewarded by the margin of the apprenticeship either in the shop or at the accorded to them. The claim is therefore refused. Technical School or both. In this connection it I would add that whilst I have arrived at my deci- is of interest to note at page 473 of the transcript sion on the submissions, evidence and inspections of the proceedings the evidence of Mr. R. B. Man- in this case, it is of interest to observe that no ton who is employed as a maintenance fitter and provision of this nature appears in the Federal turner by Thomas Borthwick and Sons at Albany, Metal Trades Award nor, so far as I can ascertain, and who served his apprenticeship with that firm in any other relevant award in the Eastern States. some sixteen years ago— I gather you do welding from time to time?— Provision of Tools and Tool Allowances. Yes, I do a lot of welding. A number of claims were made by the unions Did you do much welding—or learn much weld- under these headings. If the claims were granted, ing—when you were being employed as an apprentices would be provided with "all tools re- apprentice?—Yes. I learnt welding in, I quired for the purpose of work" and although the suppose, about the third year of my tools would remain the property of the employer apprenticeship. during the apprenticeship, the apprentice would be Do you find that welding is part and parcel of paid an allowance of thirty-two cents per week your work as a maintenance fitter?—Yes. for their upkeep. Again, if the claims were Unless you could weld you would not be granted, all tradesmen would be paid a tool allow- able to work there. That is what it ance of sixty-five cents per week but in the case amounts to. of patternmakers the allowance would not be I am satisfied that the situation as described by ■payable during annual leave, sick leave, or long Mr. Manton is representative of present day fact service leave. in regard to this matter. I recognise that in some Quite apart from the inconsistencies within the instances workshops are capable of being organised claims, no evidence was produced to enable the and, for convience and economy of operation, are Commission to even begin to consider them. The organised so that all or most of the welding re- present applicants have been parties to several quired is performed by first class welders, but this proceedings before this Commission and before the no more excludes this work from the scope of the Court of Arbitration where these questions have trade of other tradesmen than similar arrange- been involved and I do not propose adding to what ments in shops where both automotive electrical has been said in those cases except that I would fitters and motor mechanics are employed excludes illustrate the complete futility of making a claim certain electrical work from the trade of the motor for a uniform tool allowance for all tradesmen by mechanic. The nature of the work actually re- quoting the following passage from the evidence quired of a tradesman of any type varies from of Mr. Moredaundt— establishment to establishment and it is recording What type of tools for example would a welder the obvious to point out that not every tradesman require?—A welder usually just comes in is required in his particular employment to exer- himself; he does not normally, in our ex- cise the whole range of his skills. It does not perience with a welder, come in with any- follow, however, because some part of a trades- thing but a pair of overalls on and that man's skill is not required in a particular estab- is about the extent of his kit. He is given lishment that it should not be regarded as part of wire brushes, hammers, gloves; all his pro- that trade at all. tective equipment, his chipping hammers In relation to boilermaking, Mr. Moredaundt's —which are normally 2-lb. hammers that evidence put it beyond all doubt (if indeed there he may require; chisels, etc. I do not was any doubt) that welding is part and parcel of know of a welder who has been employed that trade. It is taught in the course of appren- in my time who has a set of tools. ticeship and done in the ordinary practice of the These claims are refused. trade. Under the existing award, however, an apprentice It was suggested by the union advocates that to patternmaking receives an allowance of forty welding involved certain disabilities for which an cents per week and although no claim was made by extra rate is justified when the work is performed the unions for the continuance of this provision. by tradesmen other than welders and it was sug- Mr. Jnce indicated the proceedings that the em- gested by Mr. Mutton that to a large extent this ployers would have no objection to it being con- came about because fitters are often not supplied tinued. It has accordingly been included in the with all necessary protective equipment when minutes of the proposed award. welding. This suggestion was not borne out by the inspections and in any event a remedy exists, Electrical Nominee. if it is needed, in the protective equipment pro- The unions sought a provision in these terms— visions of the award. Mr. Bastow, on the other hand, said that boilermakers are supplied with Any licensed electrical tradesman called upon necessary protective equipment but that this does to use his license as a nominee for his em- not reduce the disabilities to an acceptable level. ployer under the Electricity Act, 1945, shall be Like Mr. Mutton, he too suggested that these dis- paid an allowance of ten dollars per week in abilities would become apparent during inspec- addition to the rate prescribed in the second tions but unlike Mr. Mutton he did not accompany schedule, (Wages). the Commission on any inspections where, if these The principle on which this claim is based is the disabilities do exist, they could have been observed. same as that on which somewhat similar provisions I may say that in the course of the inspection at relating to licensed plumbers in building trades WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 733

awards in this State are founded. As at present Ship Repair Work. advised, I see little wrong with the principle. On The following claims were made under this the evidence, however, I am not satisfied that a heading:— provision of this nature is necessary to ensure that (a) Any worker engaged in repair work on any worker who falls within this category is reason- board ships, shall be paid an allowance of ably remunerated. The claim will be refused but one dollar and ten cents per day, for each liberty will be reserved in the event that the unions day on which he is so engaged. find some provision necessary for the purpose just (b) All workers engaged aboard Oil Tankers mentioned. not berthed shall be paid thirty-five cents Attendants on Ladders. per hour in addition to all ordinary rates. (c) No worker shall be called on to work in Unions' claim— a Fuel Tank unless certified gas free. All No worker shall work on a ladder when such work performed in such tanks shall be ladder is standing in any street way, or lane- paid for at the rate of fifty cents per way where traffic is passing to and fro, without hour extra. an assistant on the ground. (d) Work performed in the engine room or Employers' answer— crank case of an Oil Tanker shall be paid As in claim with the addition of the at the rate of double time. words, "at a height in excess of ten. feet" after As to paragraph (a), the matter is already suf- the word, "ladder" where it first appears. ficiently covered by the provisions for work in Nothing was put to me on which I could con- the engine rooms of diesel engine ships. It was clude that either one of the foregoing proposals said by Mr. Kenyon, who gave evidence in sup- is preferable to the other. As the parties are in port of these claims, that certain other work on agreement that some provision be included, I have board ships is unusually dirty, but if this is so a drafted a subclause which I hope will be found claim can be made under the dirty work provi- satisfactory. sions of the award and no other special provision Phosphate Ships. is necessary. The other claims all relate to work on oil tan- Existing provision— kers and it is apparent that they cannot properly Where boilermaking work is performed in be determined without an inspection. Mr. Mut- the holds and 'tween decks of ships which have ton recognised this and undertook to arrange an carried phosphatic rock in those holds and inspection when work on an oil tanker was taking 'tween decks immediately prior to such boiler- place but it would seem that no such work has making work being carried out and where such occurred since the matter was raised. In these holds and 'tween decks have not been cleaned circumstances the claim will, for the present, be down, an allowance of ten cents per hour shall refused, but liberty to apply will be reserved. be paid in lieu of and not in addition to the other rates prescribed in this clause. Well Work. The unions claimed a provision in the following Unions' claim- terms—■ Workers required to work in the holds and A worker required to enter or work in any between decks of ships which have carried well for the purpose in the first place of ex- phosphatic rock in those holds and between amining the pump or any other work connect- decks shall be paid twenty cents per hour extra ed therewith shall be paid at overtime rates until such holds and between decks are cleaned for the time he is on such duty. Provided that down. the minimum payment for such examination Originally the employers opposed any variation shall be twenty-five cents. of the existing provision but during the hearing Mr. There were no inspections or evidence in rela- Ince indicated that they would agree to the ex- tion to this work and the Commission was really tension of the allowance to all workers required to told very little about it. In these circumstances I work in the circumstances described in the existing have no alternative but to refuse the claim. subclause. The present rate was fixed at a figure slightly in excess of that for work in the engine Drinking Water. rooms of diesel engine ships and that relationship The following claim is refused owing to the has been maintained in the minutes of the pro- complete lack of any evidence as to its necessity:— posed award. An adequate supply of boiling water shall be supplied for the making of beverages and Automotive Electrical Fitter Working Alone. sufficient supply of iced water shall be avail- The unions claimed the following provision— able for drinking water. An automotive electrical fitter who is re- Foundry Allowance. quired to work away from his shop without The unions sought a provision in the following supervision fifty cents per day extra in addi- terms— tion to any other provisions in this award to An allowance of twenty cents per day shall which he is entitled. be paid to all foundry workers. Prima facie, this claim carries with it the implica- This claim was pressed strongly by Mr. O'Con- tion that a tradesman carmot do his work properly nor both in submissions and inspections and to a without supervision, an implication which is lesser extent by way of oral evidence. The allow- plainly not in accordance with fact. There are ance claimed is designed as a compensation for cases in some other awards where, for special the disabilities associated with foundry work, reasons, a tradesman working alone has been namely, heat, dust, dirt, fumes of various sorts granted an allowance, but on what was put to and the deleterious effects of such work on a wor- me in these proceedings I am unable to see whether ker's health. That these disabilities exist to a any special reasons exist for granting to an auto- greater or lesser extent is undeniable but it is motive electrical fitter an additional rate for doing also undeniable that their incidence varies con- what would appear to be his ordinary trade work. siderably as between one foundry and another and 734 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. in particular as between small foundries and large varying sizes and, as might be expected, the work- ones and between very new foundries and very ing conditions differed considerably from foundry old ones. to foundry. Variations of a similar degree were apparent, however, as between workshops and es- A similar claim was argued before the Court of tablishments of all sorts but this has always been Arbitration in 1951 and was refused on the ground so and is always likely to be so and cannot pro- that it was clear from the 1924 decision of the vide justification for an allowance which applies Commonwealth Court of Arbitration that the dis- to all workers regardless of the conditions under abilities encountered in foundry work had been which they work. taken into consideration in giving to the moulder the same margin as other tradesmen. In the pre- The manner in which this claim was prosecuted, sent case Mr. O'Connor has made it possible for not only by Mr. O'Connor but by union represent- me to read the transcript of the proceedings be- atives in the course of inspections, left me in no fore the Commonwealth Court in 1924 and I am doubt as to the sincerity of their belief that the inclined to agree with him that there was a great claim was a just one and I have, as a consequence, deal in the evidence which would have counselled given it the most sympathetic consideration and a conservative approach. As to the decision itself, have gone beyond what was put to me in an en- I observe that the Court did not positively express deavour to see whether the claim could be sup- the view that the "skill" of the moulder was less ported. It is with no little reluctance that I have than that of the fitter. The decision merely re- come to the conclusion that the claim cannot be cords that as being the employer's contention. granted in any form which would be practicable Secondly, I observe that the specific reason given and which would do no violence to well settled for refusing to arrive at a separate amount for principles. disabilities was the difficulty in making such an assessment. There can be no doubt, however, that Working in Roof Spaces. the disabilities associated with foundry work were taken into account in fixing the moulder's margin. The unions claimed a provision in these terms— A worker employed in the repairs or alter- As can be seen, the claim for a foundry allow- ations in roof spaces shall be paid twenty ance is not new nor, if it were granted here, would cents per hour extra as a Dust Allowance. it be the first occasion on which such an allow- ance has been paid. It would appear that for some The claim assumes what would need to be proved years prior to 1947 an allowance of thirty cents as a matter of fact, namely, that all repair work per week was paid generally in New South Wales in roof spaces involves working in dust to an and Victoria and in that year an agreement was extent that would justify the payment of an concluded between parties to the Mechanical En- allowance. The sheer impossibility of proving this gineering Award in Queensland whereby the same was no doubt the reason for no evidence being- rate became payable there. The Queensland brought or inspections sought in relation to this agreement is set out in Volume 32 of the Queens- claim. In addition the claim, if granted, would land Industrial Gazette at page 1183 and the "con- apply to electrical installers and would confer on sideration" for the agreement is clearly described. them a special allowance for work which is an Aside from the mere fact that an allowance was integral part of their trade. The claim is accord- paid, however, the agreement really gives no sup- ingly refused. port to the present claim. It would appear that the Queensland agreement has not been varied since Wheat Dust. it was made nor have I been able to find any case in which the Queensland industrial authority has The unions' claim was as follows— dealt with this question. Whether any movement Workers employed at bulk grain handling in this regard has occurred in New South Wales installations engaged in the galleries while I have been unable to ascertain but employers in conveyors are in motion, or on maintenance Victoria have recently agreed to pay an allow- or new installation work in areas where dust ance of one dollar and seventy-five cents per week which has settled is necessarily disturbed for reasons which are not known to this Commis- shall be paid a dust allowance of ten cents sion. That agreement, or the result of that agree- per hour. ment, has since been used as the basis of a deci- sion by Mr. Commissioner Winter in the Common- Inspections were made on the grain handling wealth jurisdiction in which the same allowance installations at Bunbury and North Fremantle and was applied to a Government instrumentality in on the basis of those inspections I would disallow Victoria but the reasons for that decision afford no the claim in this form, not because of any firm support to a claim for a foundry disabilities allow- conviction that the claim is unreasonable but be- ance in Western Australia. I am satisfied that the cause I am not certain that the conditions existing skill of a tradesman moulder is substantially equal at the time of the inspections were truly representa- to that of any other tradesman but I am also tive of the conditions under which work is usually satisfied that in wage fixation it is unrealistic to done at these establishments. The Co-operative attempt to regard "skill" as an abstract thing Bulk Handling Company is at present following divorced from the circumstances in which it is a practice in regard to payment of dust money exercised, the tools and materials used in its exer- which seems to be not unreasonable but as this is cise, the knowledge and experience required for its obviously an area in which disputes could arise, exercise, and so on. The margin fixed for any I have made provision for a claim under this head- occupation is not and never has been regarded ing to be determined by a Board of Reference. simply as a recompense for some abstract quality viewed in isolation from the disabilities ordin- Protective Equipment. arily and regularly associated with that occupa- Two matters arise for determination under this tion and an additional allowance is usually pre- heading. The first of these is a claim by the unions scribed only to meet the abnormal situation. In that all protective equipment be sterilised after the course of inspections the Commission visited use by one worker and before being re-issued to quite a number of foundries of varying ages and another worker. The existing award provides for 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 735 sterilisation of goggles, glasses and gloves only. Accident and Transportation. Paragraph (a) of this subclause, which is a con- A clause was claimed by the unions in the fol- sent provision, reads as follows:— lowing terms:— (a) The employer shall have available a suf- (a) In the case of an accident, the employer ficient supply of protective equipment, shall provide transport of the injured (as, for example, goggles, (including anti- worker to a medical centre, and when flash goggles), glasses, gloves, mitts, necessary, some person shall accompany aprons, sleeves, leggings, gumboots, ear the injured worker and such attendant protectors, helmets, or other efficient sub- to be transported free, and to be paid for stitutes thereof) for the use by the workers when engaged on work for which some all lost time and reasonable expenses in- protective equipment is reasonably neces- curred. sary. (b) A first aid room, suitably equipped, shall It will be seen from this that quite apart from be provided by each employer and an the extensive list of articles included by way of emergency first aid kit shall be provided at example, the paragraph contains a general re- each work place where men are engaged quirement to provide whatever protective equip- away from the central first aid room. ment is reasonably necessary. Whether it is (c) Any first aid man appointed by the em- necessary and whether it would be practicable to ployer to perform first aid duties shall be sterilise every article of protective equipment that paid an allowance of twenty-five cents might be required under this provision, I do not per shift in addition to his ordinary rate know and for this reason I could not grant the of pay. claim in the form in which it is put forward. In Nothing was put to me showing a need for any principle, however, I agree with the unions that of the provisions claimed in this clause and it is sterilisation is desirable and I have therefore al- accordingly refused. lowed the claim, subject to the condition that sterilisation is necessary and is practicable. Clause 21.—Fares and Travelling Time. The second matter in dispute is a claim by the The main provisions in this clause follow the unions that safety boots be supplied to all foundry provisions of the Building Trades Award. Those workers free of charge. It is my personal opinion provisions were agreed between the parties in re- that safety boots should be worn by all workers lation to employees of electrical contractors em- in the industries covered by this award but it does ployed on construction work, whilst other provi- not necessarily follow from this that they should sions were agreed to with respect to other workers. be supplied free of charge. On what I was told The existence of different conditions for workers during these proceedings, it would seem that safety engaged on the same projects is undesirable and, boots do not cost appreciably more than ordinary for that reason and for the reasons given in my working boots and that under schemes operated preliminary judgment last week, I have inserted by almost, if not all, employers in the larger one set of conditions to apply to all workers. foundries, they cost appreciably less. There is some evidence that wear and tear on boots is Clause 22.—Distant Work. heavier in foundries than in other workshops but, It will be found in the minutes of the proposed having regard for the schemes referred to, I doubt award that subclause (8) of this clause substanti- that the average foundry worker would spend ally reflects the agreement of the parties. The in- more on footwear than the general run of workers clusion of other provisions has resulted from the under this award if the average worker is in the replacement of the various construction awards and habit of purchasing boots specially for work. In has been dealt with in the preliminary judgment. this regard, however, the inspections did tend to One disputed matter under this heading arises support Mr. O'Connor's contention that many for decision, namely a claim by the unions in the workers do not buy footwear specially for work following terms:— but use footwear purchased for other purposes and which is no longer suited to the purpose for which (A worker engaged on outside work) shall it was purchased. In many cases such footwear be paid an allowance of four dollars for each is even less suited to work in foundries and its use weekend that he returns to his home from the for that purpose is clearly undesirable and should job provided the employer or his agent is be prevented .both in the interests of the workers advised of the worker's intention not later concerned and in the interests of productivity than the Tuesday in the week preceding the through prevention of industrial accidents. I am weekend that the worker returns. not convinced, however, that the Commission Travelling a?id Board. should, at this point of time, determine this matter The claim is in similar terms to a provision by its award. There is a Metal Industry Safety awarded by the President of the New South Wales Committee on which the unions are represented Industrial Commission, Taylor J., in a Carpenters, and I consider that a solution to this problem Joiners and Bricklayers' case, judgment on which should be sought through the medium of that is reported in 59 A.R. p. 694, and Mr. Salmon relied Committee and by negotiation between the unions heavily on the judgment of the learned President and employers before the Commission's interven- in support of the claim. In addition he submitted tion is sought. that the claim was supported in principle by the Clause 20.—Car Allowance. decision of Schnaars, C.C. (as he then was) in a The unions claimed an allowance of fifteen cents case involving linesmen employed by the State per mile for the use by a worker of his own motor Electricity Commission, the decision on which is vehicle in' the course of his employment, but no- reported at 40 W.A.I.G. p. 883. thing was put to me on which I could conclude Mr. Ince opposed the claim in a number of ways. that the amount claimed represents a reasonable First he pointed out that whilst, in the main deci- allowance. The employers' answer is in line with sions referred to by Mr. Salmon, it had apparently provisions to be found in other awards in this been the case that the employer made a saving as State and has been allowed. a result of the worker returning to his home, that 736 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. had not been shown to be the case here. Secondly, (b) The employer shall not dismiss any whilst conceding that it is desirable that a worker worker from his employment, or injure him in should be able to return home at weekends when his employment, or alter his position to his it is practicable for him to do so, he said that prejudice, by reason merely of the fact that it had not been established that any special award the worker is a shop steward, or by reason provision is necessary for this purpose and in this merely of anything said or done or omitted connection he contended that a worker on '"out- to be done by such person in the course of his side" work in receiving his board and lodging free duty as such shop steward. receives a net remuneration (after allowing for Paragraph (b) of the claim is in direct conflict expenses) in excess of that which he would receive with the provisions of subsection (2) of section 61 if employed in the workshop. of the Act and must, therefore, be refused. I am satisfied that, generally speaking, a worker As to paragraph (a), nothing was advanced is sufficiently compensated for working away from which would indicate that such a provision is his home by receiving his board and lodging free necessary to afford recognition to shop stewards or of cost to himself and in this connection I would to enable them to deal effectively and in a proper refer the parties to a decision of this Commission manner with matters concerning the workers whom reported in 45 W.A.I.G. p. 641. I am also satisfied they are elected or appointed to represent. It is, that it is desirable that a worker, particularly if moreover, timely to remind the union that the job he is married, should be able to return to his of representing their respective members is funda- home as often as possible and that he has a natural mentally the responsibility of the full time officials right to do so unless it involves a breach of his of those unions and I would not like, by an award contract of employment. Where he does return to prescription, to encourage the view that the full his home, he is deprived of free board, and unless time official may, in certain circumstances, divorce he is transported by the employer, he normally incurs himself from his responsibility by leaving matters in additional expenses. In these circumstances it seems the hands of shop stewards. I may add that I am to me that it is reasonable that the industry in likely to adhere to this view for as long as I remain which he is employed should bear some of the unconvinced that all of the unions party to this cost which the worker incurs in exercising his award take proper steps to ensure that their shop right and I think that the proper measure of as- stewards observe the provisions of the Industrial sistance which the industry should provide in this Arbitration Act and the rules of the union under regard is to be ascertained from a consideration which they are appointed. That some of those of the savings which are, in fact, or which may unions do take proper steps in this direction is be made by an employer as a result of a worker re- beyond question and if I were satisfied that some turning to his home. In this regard it is clear from provision such as that which has been claimed the evidence of Mr. Moredaundt that where a were necessary to enable the shop stewards of those worker returns home at the weekend the employer, unions to function properly, I would include a pro- in some cases, makes a direct saving in board and vision in their favour. As I have said, however, lodging costs for which he would otherwise be I do not consider on what I have been told in these responsible. In other cases he makes an indirect proceedings that any real need exists for such saving by negotiating with the boarding house action. keeper for a weekly rate based on the assumption Laporte Titanium. that at least some workers will return home at The unions claimed a "hazard" allowance of six weekends. Mr. Ince submitted that in many cases dollars per week for work at the establishment of there would, in fact, be no saving because employ- the abovementioned company at Australind. In- ers are often able to take advantage of a weekly dustrial authorities have repeatedly expressed the (seven day) tariff which is not appreciably in view that where hazards exist they should be excess of five days at the casual tariff. Aside from removed rather than allowed to continue subject the fact that this was not supported by Mr. to payment of an allowance. As a result of inspec- Moredaundt's evidence, it would only constitute a tions at Australind I am convinced that the com- valid objection to the claim if it is assumed that pany's approach to safety is most satisfactory and workers have no right to return home at the week- every endeavour is made to protect the workers end, an assumption which, in my view, is only from any dangers inherent in their work. There valid where the workers concerned are lawfully nevertheless remains the question of inconvenience required for work. to the worker when he is required to wear special In the light of the submissions and evidence, apparel as a protection against injury from acids. it is apparent that the determination of the quan- In this connection the Federal Metal Trades Award tum of allowance to be prescribed must be arbitrary makes provision for an allowance of five cents per but, having regard for the general level of hour for a worker wearing a gas mask or special tariffs operating in boarding houses and hotels acid protective clothing and I have prescribed a throughout the State, the amount claimed is not, similar allowance in clause 19 of the proposed in my view, unreasonable and will be allowed. The award. provision has been re-drafted to incorporate what The unions also claimed under this heading a I deem to be necessary safeguards. special provision for call-outs in the following Shop Stewards, terms:— In the case of a worker who has left the The unions claimed a provision in these terms:— factory for the day being summonsed from (a) A worker appointed shop steward in the home to return to work, he shall be paid the shop or department in which he is employed sum of one dollar and twenty-five cents as "call shall upon notification thereof to his employer, money" between the hours of 4.00 a.m. and be recognised as the accredited representative midnight, and one dollar and eighty-eight cents of the Union to which he belongs and he shall between the hours of midnight and 4.00 a.m. be allowed the necessary time during working In addition he shall be paid his overtime rate hours to interview the employer or his repre- in respect of the hours so worked, with a guar- sentative on matters affecting workers whom anteed payment of not less than four hours at he represents. his overtime rate. "Call Money" will also be 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

payable to a worker who is summonsed from Federal Court. The present Award, issued in home on Sunday, or any other rest day, or on October, 1947, by consent, fixed the margin of a declared holiday to work on that day. 46s., following the decision of the Common- In clause 15 a minimum period of three hours is wealth Court in that year. The Federal mar- prescribed for call-outs. That minimum is design- gin still remains at 46s. although I understand ed to compensate the worker for inconvenience of a claim for a new Award is now in progress being called out and for fares and travelling time before Mr. Commissioner Galvin. The Unions incurred in getting to and from work. Where three are seeking the determination of this Court hours' overtime or more are actually worked the as to the proper margins to be paid at the worker obviously receives no such compensation. present time and although it was suggested by According to the evidence the Laporte plant is situ- the employers that the Court should await Mr. ated about six miles from the housing estate in Galvin's determination, I can see no justifica- which the workers live and there is no public tion for our doing so. It is no settlement of transport. At times the workers are required to an industrial dispute to tell the parties to await use their own transport on call-outs and, in my the decision of another tribunal before whom view, when this happens, and where more than one they are not represented. (31 W.A.I.G. p. 584.) hour s overtime is worked, the workers are entitled to some additional allowance. In fixing the allow- I respectfully agree with His Honour's remarks ance I have had regard for the car allowance pro- and, for the same reasons, I reject the central sub- vision which has been inserted in the terms of the mission made on behalf of the employers in the employers' answer. present case. It was also submitted by Mr. Ince that before The other provisions claimed under this heading changing relativities within this award I should were not justified on the evidence and submissions. be satisfied that the present ones are wrong In this connection he asserted that the present rela- First Schedule—Wages. tivities are essentially those established in the This brings me to the most strenuously contested Federal Metai Trades Award, 1937, by the decision issue raised in the present proceedings, namely, a and that the rates in which those claim by the unions that the margin for the gen- leiativities are given expression have resulted eral tradesman should be raised to seventeen dollars iioin the application of the various margins and fifty cents, an increase of approximately 56 per cent. iormulae since and including 1954, which have The hard core of the opposing arguments may be wealth industrial^ genesis tribunal. m decisions There of are the two Common- reasons stated quite shortly. For the unions it was urged foi which I find this submission unacceptable. upon me by Mr. Salmon that the existing margin •l am unaware of any sound reason why I of eleven dollars and twenty cents falls far short should accept as necessarily correct relativities of the true value of the metal trades tradesman in established almost thirty years ago as the result of the community when regard is paid to rates de- the opmion of a single Judge of the Common- termined for other classes of work. Mr. Ince, on wealth Court formed in the industrial and economic the other hand, pressed the view that the proper climate of that time. On the contrary, I know of way in which to determine margins in this award two very sound reasons why I should treat those is on the principle of comparative wage justice and relativities with the gravest reservations and those that in applying this principle I should look prim- reasons consist of two recent decisions of Common- arily, if not solely, at the rates prescribed in the wealth Commissioners dealing with the Federal Federal Metal Trades Award. Metal Trades Award. The first of these is a de- In support of his general argument Mr. Ince cision given on 21/10/65 by Mr. Commissioner submitted that the tradesman's margin in the Metal Clarkson m which he determines new rates for Trades Award in this State had usually followed the Draughtsmen under the Metal Trades and Aircraft tradesman's margin prescribed from time to time Industry Awards. In rejecting a claim by the in the Federal Metal Trades Award and in this employers that the first year rate for draughtsmen connection he traced the movements in margins should continue to be the same as the fitters' mar- in the two awards from 1937 up until the present gin, the Commissioner said— time. That analysis shows what Mr. Ince said it It is notorious that the metal trades fitter would show, but it falls far short of establishing has not had a comprehensive work value re- Mr. Ince's general argument, for it includes the assessment since at least 1936—it can perhaps 1951 decision of the Court of Arbitration in which be argued since the early 1920s,—and that the the margin for the tradesman in this State was in- only adjustments made have been basically creased to a figure approximately twenty percent "economic" in character. Or if the "Mooney higher than the margin for the tradesman under formula" and subsequent variations stemming the Federal Award. In that case the argument therefrom of 1946 and 1947 were not on "econo- which Mr. Ince has presented here was presented mic grounds" then certainly they were not to the Court of Arbitration and was quite definitely made after a thorough (or indeed any) exami- rejected. The remarks of the President, Jackson nation of the work value of a tradesman. Be- J., are directly in point here and I set them out— cause of this no-reassessment situation the Over many years now it has been customary value of a fitter as a yardstick has deteriorated for the Court and the parties to follow the to the extent that in a work value case, such Federal Metal Trades Award, at least as re- as the Commission is now considering, it is gards the tradesman's margin. When Award relatively worthless. (1965 A.I.L.R. rep. p. 431.) No. 10 of 1923 was made on the 31st July, The second of those decisions (C. No. 29 of 1965) 1925, the then President adopted the current was given a little over a month ago by Mr. Com- Federal margin of 24s. which had not long missioner Winter, the Commissioner to whom the before been fixed at that amount by Powers J. industry covered by the Federal Metal Trades This remained unchanged until 1938 when Award is assigned. In that decision the Commis- Wolff J., as Deputy President, awarded a mar- sioner came to the conclusion that it is necessary gin of 30s. which was the same amount as to go back to the judgment of Higgins, J. in 1921 had recently been awarded by Beeby J. in the (15 C.A.R. p. 297) "for an assessment of margins 738 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. based solely or principally on a work value founda- States. These rates were adopted by this Com- tion" and he, too, rejected the employers' conten- mission for inclusion in the award applying to the tion that he should regard himself as fettered by Metropolitan Transport Trust in this State, in a the current relativities. In fixing new rates for judgment reported at 45 W.A.I.G. p. 982. The riggers the Commissioner went on to say— margin fixed for a bus driver was twelve dollars, If one considers the substantial merits of this which took the bus driver's margin eighty cents case one comes to the conclusion that both above the margin for the tradesman. The Com- equity and good conscience require that the mission is aware that this situation caused grave, margin of a rigger and/or splicer should be and, in the Commission's view, wholly justifiable increased. dissatisfaction amongst the tradesmen employed To be dissuaded from such action for an by the Metropolitan Transport Trust. indefinite time solely because the Commission Mr. Salmon then referred to a decision given on has not been afforded the opportunity to make 24/3/1965 by Mr. Commissioner Gough, which, after cm-rent work value comparisons of an exten- going to appeal, resulted, inter alia, in a margin sive nature would not be to act according to of ten dollars and eighty cents for the driver of equity with respect either to riggers or to the a motor vehicle having a capacity of more than applicant. three and less than six tons, a margin only forty If the Commission were continually so dis- cents below the present rate for a tradesman. In suaded over a lengthy period, it is unlikely that a judgment given on 9/12/65 (45 W.A.I.G. p. an effective, modern pattern of relativity in the 1073), this Commission inserted those rates in the Metal Trades Award would be sought or estab- Transport Workers' (General) Award of this State. lished for some years, or even decades. Mr. Salmon also drew attention to the salaries It is far more likely that if tradesmen, or payable to clerical officers on the "automatic" others, believe rightly or wrongly that rela- range in the State Public Service. In this con- tivity disturbance unfairly affects them, they nection he traced the early history of career wage will tend to act to ensure that suitable meas- fixation and referred in particular to the judg- ures are taken to enable an effective work value ment of Curlewis J. in "Re Public Service Clerical comparison to be made. Perhaps this decision Officers" (1921 A.R. p. 189), to the judgment of may stimulate some such reaction. Deputy President Sir John Quick in the Insurance When two Commonwealth Commissioners, one Officers' case in 1924 (19 C.A.R. p. 208), to the of whom has within his assignment the Federal judgment of Kelly, J. (as he then was) in the Metal Trades Award itself, refuse to accept as Public Service Clerical Officers' case (13 S.A.I.R. prima facie correct and binding the marginal rela- p. 162) and finally to the judgment of the Court tivities set in 1937 and the margins in which they of Arbitration in this State when, in 1937, it deter- are said to be expressed, and when, in addition, mined margins for male clerical officers in the the tenure of those margins seems wholly insecure, State Public Service (17 W.A.I.G. p. 24). Mr. it would scarcely do justice to the situation in Salmon pointed out that the margin then fixed which this Commission finds itself to say that those for a clerk aged 21 was nil and that the margin margins and those relativities should be accepted for a clerk at age 27—the maximum of the Auto- matic range—was fixed at £85 per annum whilst as necessarily correct. the fitter's margin at that time was £1 4s. per Finally, the plea for adherence to the 1937 rela- week. He then drew my attention to the fact that tivities would carry a ring of greater sincerity were the margin for the clerk aged 21 had, at the time it not for the fact that the employers in this State, he was speaking, risen to £245 and that for the in embracing the decision of the Commonwealth clerk aged 27 to £538. Those amounts have been Commission in the National Wage Cases last year, further increased, as a result of an agreement brought about distortions in those relativities of recently concluded between the Civil Service the very sort which the 1954 Commonwealth mar- Association and the Public Service Commissioner, gins "formula" (also adopted in this State) was to £284 and £586, respectively. designed to remove. In referring to rates payable in the Public Ser- I turn now to the case presented for the unions. vice Mr. Salmon did not overlook the fact that it The case was referred to by Mr. Salmon as a was a career industry nor did he ignore the special "work value" case and he used this expression in attitude which has been taken by industrial tri- the sense in which this Commission used it in the bunals in the past when dealing with public ser- Radio and Television Workers' case when it said— vice officers, but as an indication that what had I think I should point out here that although happened in the Public Service clerical field was the fixation of margins is properly referred to also happening in other clerical fields he drew my as an arbitral function, this does not mean attention to a recent decision of Mr. Commissioner that it is something which is to be done arbi- Findlay given on 6th May, 1965, in which the trarily or capriciously or without regard to Commissioner increased the margin of permanent principle. It does mean, however, that a clerks under the Clerks' (Shipping) Award to wage determination cannot be regarded as £9. 15s. (an increase of £2. 18s. 6d.). In this con- something absolute. It is, of necessity, the nection Mr. Salmon called as a witness the result of an assessment of the value of the organizer of the Federated Clerks' Union in this work in relation to other work done in the State who gave evidence, inter alia, that the community. It follows that any such deter- possession of particular educational attainments mination, other than one made on purely was not a requirement for appointment as a economic grounds must be made on the basis permanent clerk under that award. of comparisons. (45 W.A.I.G. p. 196). It was Mr. Salmon's contention that by com- In the clerical field it is also to be observed that parison with rates recently fixed and applying to on 21/12/65, Mr. Commissioner Findlay, in making workers who are not tradesmen the present rate a general award for clerks in the A.C.T., fixed for a tradesman could be shown to be wholly in- margins of £5, £6 10s., and £8 per week for adults adequate. In this connection he referred firstly, in the first, second and third years of service re- to rates fixed by Mr. Commissioner Horan for bus spectively and did so "without regard to the more drivers employed by the various passenger trans- skilful occupations pursued by employees in certain port authorities in the majority of the Eastern sections of the industry". 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 739

Mr. Salmon also directed my attention to rates the Commission could not regard the present refer- prescribed for plant operators in the earth moving ence as a "work-value" case. According to this and heavy construction industry and in this con- submission the only process of assessment which nection he referred me to a judgment of Taylor, J., may properly be described in that way is one in President of the New South Wales Industrial Com- which highly refined job-evaluation techniques are mission at 1960 A.R. p. 183, wherein the learned applied. If those techniques are not applied then, President describes in detail the work, skill and the argument runs, the only method of wage fixa- responsibilities of the operators of heavy duty tion that may be followed by this tribunal is that equipment on the Snowy Mountains Scheme. In which is founded on the principle of comparative referring to this judgment Mr. Salmon simply wage justice. As the techniques of job evaluation sought to place before me a detailed finding by to which Mr. Ince refers have not, to my know- an industrial authority in relation to this work ledge, ever been applied in the determination of and made no reference to the rates then fixed. margins for tradesmen in the metal industries, the In addition, the operation of some of this sort of argument would, if accepted, lead to some strange equipment was seen during inspections and the skill conclusions. In the first place, neither the 1921 of the operators discussed with representatives of decision of Higgins, J., nor the 1937 decision of management on the Muja Coal Field and with the Beeby, J., could be regarded as proper assessments distributors of some of this equipment in this State. of the value of the tradesman and the relativities Apart from these inspections the Commission has deriving from those decisions which the employers had other opportunities to observe the operation of have told me in this case and which employers heavy duty earthmoving equipment, and is in a elsewhere in Australia have told Commonwealth position to appreciate the description of the work Commissioners in other cases should be regarded given by Taylor, J. as sacrosanct would have no valid basis whatever. Mr. Salmon then referred the Commission to the The strange conclusions do not end there, however, Earth Moving and Construction Award in this for it would appear that though this Commission State and to the provisions of the Australian may not, according to the argument, place a value Workers' Union Construction and Maintenance on the work of tradesmen otherwise than by appli- Award, 1964 in which margins ranging from seven cation of specialised job evaluation techniques, it dollars and sixty cents to twelve dollars and sixty may, on the comparative wage justice principle, cents are prescribed for the operators of mechanical increase margins and change relativities as a result equipment and he drew attention to the provision of marginal increases granted or relativities in the State Award under which a trainee operator changed in other jurisdictions, whether or not, in becomes entitled to the full margin after a period those other jurisdictions, the specialised job of eight weeks. evaluation techniques referred to had been used. In addition to the rates applying under the Thus, if a Commonwealth Commissioner, later this awards referred to above, Mr. Salmon directed the year, after hearing a case similar to the one pre- Commission's attention to the earnings of waterside sented here, decided to increase the margin for workers and quoted in this connection from a state- tradesmen under the Federal Metal Trades Award, ment in The West Australian of 25th September, it would be quite proper, on Mr. Ince's argument, 1965, attributed to the Department of Labour and for this Commission to grant a similar increase, National Service in which it was asserted that but quite improper for this Commission to do so "over the past thirty years the waterside worker's in the first instance. margin has increased by 1,200 per cent, against The final conclusion which seems to flow from 400 per cent, for a comparable metal trades worker the argument is that this Commission is now being and 350 per cent, for a highly skilled fitter". asked by the employers, on the score of comparative Apart from these award comparisons Mr. Salmon wage justice, to adhere to margins which, on their pointed to two particular instances where, he sub- own submission, should be said to have been im- mitted, respondents to the present reference are properly fixed. I confess to finding some difficulty employing workers in occupations far less skilled in accepting the argument and in following its than the tradesmen in this industry, but at rates logic. The Commission is always grateful for any substantially in excess of the rate they are pre- assistance it can obtain in its difficult and onerous pared to extend to those tradesmen. He referred task of placing a just value on the work of em- in this regard to parking inspectors employed by ployees and if the employers in this case had seen the Perth City Council and to members of the fit to tender expert evidence on the evaluation of Australian Workers' Union employed by Co- the various classes of work referred to it would operative Bulk Handling Ltd. have been received by the Commission with real What has been set out above constitutes a very appreciation. In the absence of such evidence the brief summary of the comparisons made by Mr. Commission must perform its task in the best Salmon. In each case he submitted that the skill way it can on the basis of the evidence and other and responsibility of the tradesman exceeds in a material that has been tendered. real sense and to a substantial extent the skill or As I have mentioned, the last occasion on which responsibility of the class of worker referred to. margins in this industry were reviewed and altered In support of this proposition he dealt at length otherwise than by "economic" adjustments was in with the importance of the tradesman in an indus- 1951 and there are two features of that case which trial community and referred in this connection to bear mention here. The first of these is that the many recent publications and statements, both mainstay of the argument for the unions, and, local and overseas. More directly, the Commission it would seem, the crucial factor in the decision, was asked, as I have already mentioned, to make was that as a result of the deterioration of the extensive inspections and to examine the work of value of money, the tradesman's position vis a vis the various types of tradesmen employed under that of the basic wage earner had suffered. In this award in the production, maintenance and the course of his judgment Jackson, J. remarked construction fields. that the basic wage earner "is not a very common Before turning to consider what weight should phenomenon even under awards of this State at be given to Mr. Salmon's submissions it is desirable the present time." It seems to me that to deal with a submission made by Mr. Ince that he is an even less common phenomenon now (3)—27357 740 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

than was the case fifteen years ago. In this it would be quite wrong to apply a proportionate regard it is to be observed that in the adjustment in this case. Furthermore, the S.E.C. A.W.U. Construction and Maintenance Award, an case was decided wholly on comparative wage award in which one might reasonably expect to justice considerations and the proportionate ad- find some truly unskilled work provided for, the justments made there did not, generally speaking, lowest margin prescribed is three dollars and take the rates for semi-skilled and unskilled seventy cents, and it may well be that if we were to workers above those operating in the awards with adopt today a similar approach to what was adopted which comparison was made. in 1951, we should make our comparisons not with In view of the passages quoted from the 1951 the basic wage, but with a wage somewhat in ex- judgment of Jackson, J., it is appropriate to refer cess of it. Be that as it may, that was not the to the following remarks made by Mr. Ince to- approach made by the unions in the present case, wards the end of his address— nor were the sort of comparisons which have been I did say earlier that you find yourself in made in this case available to the unions or to the a somewhat similar position to that that the Court in 1951. court in 1951 found itself but I think it is The second feature of the 1951 decision which it probably a little different on this occasion in is pertinent to mention is that in that case the two senses: One, that the Federal decision is unions and employers agreed that if the Court saw perhaps a little more imminent (but that may fit to alter the tradesman's margin, the margins or may not be important) and the second one for all other classifications should be altered pro- is that the Federal decision or the Federal portionately. In this connection the following ex- Commission is being asked to consider a lot cerpts from the judgment of the learned President more than to just fix a rate for metal trades- are of great significance— men and a new rate for metal tradesmen. It For myself, I have considerable sympathy is being asked not only to look at a rate which with the claim that the skilled tradesmen will clearly apply to all other workers but it should receive some higher remuneration than is being asked to in fact reconsider its view at present. However, the matter is made ex- on the desirability of removing the two wage tremely difficult, so far as this Court is con- components. (Transcript p. 1198A.) cerned, by the agreement to which I have re- As I have indicated, the situation in which I ferred, that all margins in the Award are to find myself is different from that which con- vary proportionately to any alteration granted fronted the Court in 1951 in more ways and in by the Court to the tradesman's margin. If, for more significant ways than those mentioned by instance, the Court were to accede to the Mr. Ince. Moreover, whatever may be the argu- Unions' claim and double the tradesman's mar- ments before the Commonwealth Commission in gin, then every other margin would double and the National Wage Cases at present proceeding, the tradesman would still be no better off com- it is, I think, clear, firstly, that they are not pared to 99 per cent, of the workers covered "work value" arguments in the sense in which by this Award. that term is commonly used and secondly, that ... I leave it an open question as to whether, other Commonwealth Commissioners are proceed- apart from that agreement, further considera- ing with "work value" cases notwithstanding the tion might have been givent to the tradesman National Wage Case proceedings. In this con- alone whereby he received a slightly greater nection it is relevant to note the following observa- increase in comparison with less skilled workers. tions made respectively in the 1963 Metal Trades That will be a matter for determination if and Award (Margins) Case, and in the 1965 National when the problem is presented to us in a differ- Wage Case— ent fashion. (31 W.A.I.G. pp. 585 and 586.) Despite the comment in the 1959 Margins Today, though some fifteen years have elapsed, judgment that the question of relativity based the problem has been presented to the Commission on work values was still open, since 1959 no party has attempted to bring to the Commis- in a different fashion and the Commission finds sion the question of work values in the Metal itself in a position to do justice to the skilled trades- Trades industry and we are now faced with a man without the constraint which would be im- case in which we have not been given all the posed if an agreement existed similar to the one information essential for a complete assess- which was arrived at in 1951. Today there is no ment of margins, some of which must relate such agreement and the case presented by the to the work actually being done. The Unions unions has been a case for the tradesman. The have chosen to argue a case which is based on submissions or, at least, those of substance, were history, general considerations of wage fixa- all directed to the tradesman's skill, responsibilities, tion and consideration of the economy gener- status and importance in the community, and in the ally with only one factor, namely, the inci- course of inspections, the Commission's attention dence of over-award payments in the industry, was directed almost entirely to the work of trades- which can be related solely to the Metal Trades men. It is true that my attention was drawn to industry itself. The material about hours the Commission's decision in the Engineering worked in this industry to which we refer Trades (S.E.C.) case wherein a principle of pro- later was drawn to our attention by the Com- portionate adjustment was followed, but in that case monwealth. The employers have chosen to the Commission pointed out that neither party had do nothing but oppose the Unions' case. What- sought any variation of existing relativities. In the ever we do in this case must be considered in present case the unions themselves sought a de- the light of the observations now made be- parture from existing relativities and claimed, for cause in our view margins in the Metal Trades example, a 56 per cent, increase in the tradesman's Award cannot be properly assessed either abso- margin, a 46 per cent, increase in the margin for lutely or relatively until this Commission in a second class machinist and an 81 per cent, in- one form or another has before it an applica- crease in the margin for a tradesman's assistant. tion which will enable it to deal with all as- These claims were not supported by the case pre- pects of marginal fixation (A8896 p. 4.) (Kirby, sented and, as I am unable, as I have said earlier, C.J., Ashburner and Moore, J.J. and Commis- to accept present relativities as necessarily correct, sioner Apsey). 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 741

. . . Our attitude towards the Commonwealth's and the substance of Mr. Ince's reply was con- proposals does not, of course, affect the right tained in the following passage:— of a party to an award to raise, in a work That question is a very difficult one to value case, the important questions of the answer in that sense. I am thinking now of nature of the work, its responsibilities and the raising economics as a basis of saying we are circumstances in which it is done. (B.429 p. 46.) not able to pay any particular rate. The (Gallagher, Sweeney and Nimmo, J.J.) reason why I don't use the question or raise the question of economics is that we say we A "work value" assessment is, in the final are not placing ourselves in any different analysis, the opinion of the arbitrator concerned. position in Western Australia to the economy For a proper assessment to be made it is neces- generally. We say, without fear of contradic- sary for the arbitrator to be fully informed as tion that to grant the full amount of the to the work done and responsibility accepted by the unions' claim would and could cause great callings involved, the training necessary to perform problems in certain fields, of competitive that work, and the circumstances in which it is fields. This raises the question that was put performed. Those circumstances extend beyond to the Commission on the question of females, the immediate environs of the factory and include but in general terms (this is a hard one be- the whole context of standards and values in the cause it covers such a wide field of industry) community to which the workers concerned belong. the only effect of any wage increase would be To ignore that context is to make nonsense of in price increase—if there is going to be an work evaluation. Those standards and values effect. cannot, of course, be determined with precision, I am a little hesitant to answer your ques- but, having regard for the manner in which wage tion too dogmatically, because as you would determination has been carried out in Australia appreciate, sir, there would be many thousands for over half a century, they can be ascertained of employers covered by this award. There with sufficient accuracy for the purpose, not only could be an individual employer somewhere from a representative sample of rates actually who could conceivably not be in a position prescribed for work in that community, but from to pay the full amount of the unions' claim the attitudes and utterances of other industrial on an economic basis, but generally speaking, authorities. It may be, of course, that when satis- the industry with which we are dealing is an factory specialized job evaluation techniques of the industry which is, like other industries, com- kind referred to by Mr. Ince are available and are petitive. The reaction and reflection of any in common use by industrial tribunals throughout increase in wages is in its ability to maintain Australia, more precise assessments may be able and increase markets, either locally or abroad; to be made than is the case today. In the mean- and its position to generally meet the com- time, it is the duty of this Commission to act petitor angle, but I don't think that is quite according to equity, good conscience and the sub- going so far as to say that the industries stantial merits of the case in the discharge of generally covered by this award have not got its obligation to prevent and settle industrial dis- the capacity to pay. (Transcript p.p. 1195, putes. 6.) Prom a consideration of the matters to v/hich I make the following observations on the above I have referred I am satisfied that the metal comments. First, in a case of this nature trades tradesman is a highly skilled worker, that "capacity to pay" is an employer's defence and he occupies a position of central importance in there is no onus on the unions to raise it, though a developing industrial community and that his they may be called on to answer it if it is raised. work is, and has for some time been undervalued Secondly, the Commission does not propose grant- in the community. It is the present responsibility ing the "full" amount claimed by the unions. As of this Commission to fix a just and reasonable I have mentioned, the unions claimed increases margin for a tradesman in the metal industries for all classifications ranging from about 46 per and in my opinion that responsibility would be cent, to 81 per cent. The increase proposed discharged if a margin of fifteen dollars and fifty amounts to about 39 per cent, for tradesmen only. cents is fixed. Thirdly, capacity to pay the wage awarded must be viewed in the light of wages actually being paid The responsibilities of the Commission do not, at present and not in the light of current award however, end at this point. Having determined rates. In this connection enquiries made in the what would represent a just and reasonable mar- course of inspections and other information which gin for a tradesman in the metal industries, it has come to hand in the course of the Com- is necessary to consider first, whether those in- mission's dealing with a number of bans and stop- dustries have the capacity to pay that margin, pages in this industry leave little doubt in the and secondly, whether the awarding of that margin Commission's mind that over-award payments of would be contrary to the public interest. a substantial nature are being made by most em- As to the first matter, Mr. Ince, in concluding ployers, including almost all the major employers his general submissions on margins, said— in the metal industries. Being aware of this I . . . there has been no mention by the union asked Mr. Salmon during his address whether the of economics. I think for that reason, unless unions would oppose the absorption of over-award there is any particular point the Commission payments into any increase which the Commission wants to be acquainted with, there appears to might award. The transcript notes are as fol- be no great point in me raising the question lows— of economics. We don't rely, for example, on KELLY, C.: But what I do say to you (and the question of economics. I say this to you as representing all of the unions in this part of the application) At this point the Commission said— is that you can't come to this Commission You don't, for example, say that the in- saying you want a proper rate fixed for dustry in this State doesn't have the economic a fitter or for any of the tradesmen covered capacity to meet the claims. (Transcript by this application, and having got a p. 1195.) proper rate fixed for the tradesmen then 742 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

go away from the Commission and say, Australian economy is such that the Commission "We will use our industrial strength or would not be justified in withholding a wage in- whatever other means we may have to crease which it otherwise considers to be just. It enforce something over and above . . ." is to be observed, moreover, that whilst the Com- MR. SALMON: That is not our intention, sir. mission should not act in a way which it believes I can assure you of that. It is certainly will be to the detriment of the public interest, the not mine. primary responsibility for the public interest does KELLY, C.: This comes back directly to the not rest with the Commission. In this connection question I was asking earlier then: What it is pertinent to refer to section 68 of the Indus- happens if marginal increases are granted trial Arbitration Act, 1912-1963, which is in these in this application and over-award pay- terms:— ments which are operating at the moment Where in the opinion of the Minister, the are absorbed in those marginal increases? public interest is or is likely to be adversely MR. SALMON: I think we must accept that affected by any industrial dispute or by any as being proper. After all, we have come award, order, decision or determination of the here and asked you to arbitrate a rate Court or the Commission, the Crown may in- that we consider to be the proper rate. tervene in any proceedings before the Court We cannot turn now and say that it is or the Commission as the case may be, and not the proper rate if it is awarded. What may make such representations as may be we are trying to do is set up what we thought necessary to safeguard the public in- consider to be an equitable figure for terest. tradesmen—that is our job. (Transcript The first hearing in relation to the present pages 387-388). reference of dispute took place on 4th August, The Commission has fixed a wage which is, in 1965. The next hearing took place on 30th Sep- its view, a just and reasonable wage for tradesmen tember, 1965. The main hearing commenced on in this industry. The Commission makes it clear 4th October, 1965 and concluded on 22nd March, that employers who are paying over-award rates 1966. No intervention was made by the Crown at are entitled to absorb those over-award payments any stage pursuant to the abovementioned section. into the wage now fixed. The Commission further The wage fixed for a tradesman has been ar- makes it clear that any employer who does so rived at by an act of judgment based on all the will have the fullest resources of the Commission factors to which the Commission has referred speedily at his disposal if the clear undertaking and not by means of arithmetical calculations. For given by Mr. Salmon is dishonoured by any of the those who are interested in percentages, however, unions on behalf of whom he was speaking. The I mention that the margin now fixed represents Commission indicates that these resources, in its an increase, since 1937, of 545 per cent., since view, might well extend, in such circumstances to 1938, an increase of 416 per cent., since 1951, an an award variation making it an offence for an increase of 181 per cent, and since 1954, 107 per employer to pay above the award rates. cent. It has already been mentioned that the On the question of relative capacity as between waterside workers' margin has risen by 1,200 per- Western Australia and Australia as a whole over- cent. since 1938. Since 1937, the margin for a award payments are again of significance. In public service clerk aged 22 has risen by 2,080 per- regard to this question there is abundant evidence cent. and for one aged 27, 590 per cent. Since 1954 of the existence of over-award payments of a the respective percentages are 158 per cent, and substantial nature in industries covered by the 121 per cent. Since 1952, the margin for a truck Federal Metal Trades Award and over-award pay- driver (three to six tons) has risen by 157 per- ments, to the extent of four dollars and twenty- cent. Or, again, the increase of 20 per cent, grant- five cents, have been made part of the award ed to all classifications in 1951 may be compared margin for tradesmen under the Mechanical and with the increase of 39 per cent, granted now to Electrical Engineering Awards in Queensland. tradesmen only. I make it clear that in arriving at my conclusion It is perhaps unnecessary to draw attention to as to what wage would be a just and reasonable the fact that as the increase granted to tradesmen wage for a tradesman under this award I have in this industry has not meant an increase to semi- not been influenced by the existence of over-award skilled workers in this industry, this decision can- payments here or elsewhere. In circumstances not be taken as an indication that margins in such as those which now exist they are not, in my other awards will be adjusted by any percentage view, an element which a tribunal concerned with or other- formula, or that they will necessarily be the preservation of industrial peace should have adjusted at all. The case presented was a case for regard for. The fact that some employers make tradesmen in the metal industries and the deci- over-award payments neither justifies the fixation sion is made on that basis and in the light of all of a particular wage nor does it justify this Com- the matters considered on the present review. mission in withholding from workers who are not Apart from the marginal increase awarded to receiving over-award payments a wage which it the tradesman, the following classifications war- considers just and reasonable. rant mention. Finally, on the question of capacity it is to be observed that the only witness called by Mr. Ince Electrical Installer. to deal generally with the claims was the Produc- The electrical installer- has, until quite recently, tion Manager of Tomlinson Steel Ltd., a firm always been paid a lower margin than other- which, if the financial reports may be taken as tradesmen in this State. In 1962, in the Alumina an indication, of all the respondents to the award Refinery Construction Award and in 1963 in the would be least able to bear an increase in costs. South-WeSt Land Division Construction Award He was not examined on the question of capacity, the Court of Arbitration raised the installer's mar- nor did he express an opinion on that matter. gin to equality with the fitter. Those two awards Turning now to the question of public interest, will be replaced by the award now to be made. whilst nothing was put to the Commission on this The evidence in the present proceedings indicates point, it seems to the Commission that the present, that installers are in fact being paid the same recent past, and prospective state of the Western margin as fitters. Under the Federal Metal Trades 743

Award the two callings receive the same margin. manner in which the Speaking to the Minutes From an examination of the Queensland Govern- should proceed and to discuss other related mat- ment Industrial Gazette dated 1st January, 1966 ters, including the question of respondency which it would appear that installers receive the same up till now has been left in the hands of the rate as mechanical fitters but slightly less than parties. electrical fitters. In all the circumstances it seems to the Commission that the tradesman's margin should now be awarded. The 21st day of June, 1966. Remarks of the Commissioner at the Delivery Rigger and Splicer on Ships and Buildings. of the Award. This classification was the subject of evidence and most of that evidence and other matters rele- THE COMMISSIONER: As a result of the speaking vant to the determination of appropriate rates to the minutes and consequent upon submissions have already been discussed. In the course of Mr. which were made to the Commission pursuant to Ince's submissions on definitions the following dis- the provisions of section 69 of the Act a number cussion took place:— of alterations have been made to the minutes of the proposed award and they are set out in a KELLY, C.: Prima facie a rigger who has met schedule which will be handed to the parties. the necessary requirements and done the necessary study or practice to obtain a The reasons for most of those alterations will be license under the Scaffolding Act is of apparent to the parties from the discussions which more value to his employer than a person took place during the speaking to the minutes and who is doing some rigging work, but who I intend to restrict my remarks this morning to does not have the license. a few matters which seem to me to be of some MR. INCE: I don't think there is any doubt importance and to require comment in addition to about that, sir. If I may I will perhaps what may have been said during the speaking to leave my observations on this rigging the minutes. question for the moment. I think I have The first of these is the definition of construction gone as far as necessary for the narrow work and the question of an allowance for such purpose of the definition, but when we work. In regard to the definition I have responded get on to the question of rates and extra as far as I could to Mr. Ince's request that the work rates there are other complications such falling within the definition be described with as the apparent desire of the unions to greater particularity, but I have not been able to increase the relative position of the base avoid leaving certain matters to the decision of a rate of the rigger. Again I will be making Board of Reference. In determining whether any submissions that there is a double edged work should be regarded as construction work the argument. They want the margin brought Board should be able to find guidance in the first up for the same purpose as they want the three paragraphs of the definition, but in case the extra rate added; but if I may I think I parties feel that the Board is misconducting the would be better advised to leave that un- intention of the provision I have reserved liberty til the question of margins and special to apply. With respect to the allowances the rates. parties will observe that four fixed allowances have KELLY. C.: I will just leave you with the been prescribed. One of these is higher than the thought at this point of time that it does allowance prescribed in the Building Trades Award, seem to me that there is some justifica- one of them is lower than the allowance prescribed tion for recognition of the license, and in that award, whilst the other two allowances will it seems to me again that there is some give to Metal Trades workers the same rate of justification for further recognition of a allowance as would apply to building trades workers licensed rigger who is placed in charge of engaged on comparable work. In deciding to in- a group of other riggers, licensed or other- crease the allowance for work on large industrial wise, and who is responsible not only for projects I have been influenced to some extent by the satisfactory performance of rigging the increase awarded in the Building Trades Award, by himself but also responsible (to the but more particularly by the general increase in extent that he can lose his license special rates in this award. As the parties have through it) for the rigging performed by not had an opportunity to argue the question of the other workers under his control. Now, construction allowances in the North West liberty when you get on to the question of mar- has been reserved in that regard. gins or additional rates I would like to The provisions relating to fares and travelling hear something on that aspect. (Tran- time are in accordance with the attitude finally script pages 634-5.) adopted by the unions at the speaking to the Nothing was put to me subsequently which alter- minutes—an attitude with which Mi-. Ince expressed ed the view I had then formed. It will be observed himself as broadly being in agreement—but without that the base rate of the rigger has not been prejudice to the right of the employers to adopt altered, but recognition has been accorded to re- any attitude they may see fit if and when the sponsibility where it really exists. As I have men- liberty which has been reserved is exercised. tioned elsewhere, Mr Commissioner Winter quite As a result of discussions with shop stewards in recently re-assessed the margins for riggers under the course of the inspections of the construction the Federal Award and fixed a margin of eight sites at Kwinana I have decided to make provision dollars for a rigger with less than twelve months' for a grievance procedure on construction sites. experience and nine dollars and thirty-five cents In doing so I have made some modifications to the for an experienced rigger. The Commissioner's provision presently appearing in the Construction judgment confirms me in my view that the awards, in order to make quite clear to the shot) amounts awarded here are reasonable. stewards where their responsibility begins and ends. I will see the parties in Chambers at 11.30 a.m. As the unions will be aware, the provisions now on Wednesday next, the 1st June, 1966, to ar- included do no more than express in the award range an appointment for Speaking to the Min- provisions which the unions themselves have utes to make preliminary arrangements as to the voluntarily included in their rules for regulation of 744 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. the conduct of shop stewards. This being so. the reservation of liberty contingent upon the anticipa- unions have, as it were, a double duty to see that tion that certain specific events will occur or certain the provisions now included are complied with. circumstances arise which may require a reopening The unions asked that a margin be prescribed of some matter dealt with in the award; and equally at a rate higher than the rate for first-class welder clearly they make it impossible for the Commission for welders who are required to pass the special to bestow on any party an unqualified right to test or whose work is subject to special test. Prom apply to amend. The Act patently envisages that the description given to me during the inspections when a party refers an industrial dispute to the of the special tests which welders have been re- Commission it will be a real dispute; that the quired to pass I am satisfied that they go no parties to the dispute will have real and substantial further than proving whether the worker concerned reasons for their respective attitudes and that they is a first-class welder. This was borne out, in my will place those reasons before the Commission so opinion, by the statements made independently by that the dispute may be settled in a proper manner two shop stewards who were first-class welders, to for the term of the award. the effect that they had found no difficulty in Circumstances which can be foreseen and which passing the test which was given to them. Welders may require a reopening of some provision of the employed anywhere in industry find it necessary award are catered for by subsection (4) and the from time to time to learn new welding techniques, possibility that some unforeseen circumstance may but in this they do not differ from any other class require a revision of some provision of the award of tradesman. It is simply a manifestation of an is catered for by paragraph (b) of subsection (5) aspect of the tradesman's adaptability, a feature of section 92. There is, however, no remedy for the which was taken into consideration in fixing the party who simply fails to make out a case. Liberty margin for tradesmen generally, including first- to apply is not available simply to provide another class welders. There is in my view no justification bite at the cherry. for establishing a difference in marginal recognition for classes of tradesmen where no real difference For these reasons liberty must be refused on this exists. question and also on the employers' claim relating In the reasons for judgment handed down on the to the definition of first-class welder. 27th May I refused a claim by the unions for an I should add that in the schedule of alterations allowance to a tradesman (other than a first-class to the minutes there should be a further addition welder), who is required to do welding. That claim to the Schedule of Respondents specifying the was renewed pursuant to section 69 in relation to three employers in the Brewery industry. construction work and during inspections the Com- If the parties consider that any correction is mission was shown a fitter who was being trained necessary in the minutes as now amended and in a particular welding technique in connection advise my clerk to that effect they may see me in with certain work on the B.H.P. site—a technique Chambers at 3.30 p.m. today. If no such correc- which the shop steward said had to be learnt not tions appear necessary, the award will issue at only by fitters and boilermakers but also by first- 3.30 p.m. today in the terms of the minutes as class welders employed on that work. In so far amended. as this display had any significance at all it was clearly relevant only to the question of welders who are required to pass a special test. It did not BEFORE THE WESTERN AUSTRALIAN serve to alter the view expressed by the Commission INDUSTRIAL COMMISSION. in the reasons for judgment referred to above. In a preliminary judgment handed down on the No. 13 of 1965. 20th May the Commission said: Between State Executive, Australasian Society of "No case was made out for an increase in the Engineers Industrial Association of Workers; margins of semi-skilled workers, but the parties Electrical Trades Union of Workers of Aus- may address me at the speaking to the minutes tralia (Western Australian Branch); Coastal on whether liberty to apply should be reserved in District Committee Amalgamated Engineering this regard, when they have had an opportunity Union Association of Workers; Federated to consider my detailed reasons for judgment." Moulders (Metals) Union of Workers, Western At the speaking to the minutes the parties did Australia; the Boilermakers' Society of Aus- address me on this point and Mr. Salmon submitted tralia, Union of Workers, Coastal Districts, that liberty should be reserved, largely on the W.A.; Boilermakers' Society of Australia, Union ground that the reasons for judgment relating to of Workers, Kalgoorlie Branch, No. 11, Appli- tradesmen's margins made him sanguine that a cants, and Saunders & Stuart Pty. Ltd., For- case could be made out for increases for semi- wood Down (W.A.) Ltd., and others as shown skilled workers. He did not elaborate on this point in the third schedule to this award, respon- and the Commission finds some difficulty in dents. appreciating its significance, particularly in view of the fact that the Commission's reasons for in- COMMISSIONER E. R. KELLY, in pursuance of creasing the tradesman's margin were adumbrated the powers and jurisdiction conferred upon him by in the Radio & Television case and were largely section 50 of the Industrial Arbitration Act, 1912- inherent in the unions' own submissions. This 1963j?and in pursuance of an allocation to him by being so, I am unable to see that the judgment the Chief Industrial Commissioner, doth hereby affords any justification for saying that there now make the following award in connection with the exists some basis for a reassessment of the value industrial dispute between the abovenamed parties. of the work of semi-skilled workers which did not Award. exist—and which could not have been known to exist—at the time of the main proceedings. 1.—Title. Be that as it may, it seems to me that, as Mr. This award shall be known as "The Metal Trades Ince submitted, I am prevented from reserving (General) Award, 1966" and to the extent shown in liberty on this question by the provisions of sub- the Second Schedule to this award replaces the section (4) and of paragraph (a) of subsection (5) several awards and industrial agreements set forth of section 92. Those provisions clearly make the in that schedule. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

2.—Arrangement. "Construction work" means work on site in or 1. Title. in connection with—■ 2. Arrangement. (a) the construction or erection of any 3. Area and Scope. building or structure intended to 4. Term. house the plant or forming part 5. Definitions. of the plant of a large industrial 6. Preference to Unionists. undertaking including the instal- 7. Contract of Service. lation of machinery and electrical 8. Higher Duties. equipment carried out in the 9. Under-Rate Workers. course of such construction or 10. Apprentices. erection; 11. Junior Workers. (b) any large civil engineering pro- 12. Employment of Females. ject: 13. Cadets. (c) the construction or erection of the 14. Hours. fifth and subsequent storeys of 15. Overtime. any multi-storeyed building but 16. Shift Work. only until the exterior walls have 17. Payment of Wages. been erected and the windows 18. Time and Wages Record. completed and a lift made avail- 19. Special Rates and Provisions. able to carry the worker between 20. Car Allowance. the ground floor and the floor 21. Fares and Travelling Time. upon which he is required to work; 22. Distant Work. (d) the construction or erection of any , 23. District Allowances. other building, structure or civil 24. Holidays and Annual Leave. engineering project or the instal- 25. Absent Through Sickness. lation of any other plant which the 26. Long Service Leave. employer and the union or unions 27. Representative Interviewing Workers. concerned agree or, in the event 28. Posting of Award and Union Notices. of disagreement, which the Board 29. Board of Reference. of Reference declares to be con- 30. Liberty to Apply. struction work for the purposes of 31. Special Provisions'—Iron Ore Mining. this award. 32. Grievances and Disputes. "Junior worker" means a worker under the age of twenty-one years who is not an 3.—Area and Scope. apprentice or a cadet. This award relates to each industry mentioned "Process worker" means a worker engaged on in the Third Schedule to this award and applies repetition work on any automatic, semi- to all workers employed in each such industry in automatic, or single-purpose machine, or any calling mentioned in the First Schedule to machine fitted with jigs, gauges, or other this award but does not apply within the area tools rendering operations mechanical; or occupied and controlled by the United States Navy on the assembling of parts of mechanical at and in the vicinity of North-West Cape in re- appliances or other metallic articles so lation to Increment 1 of the construction of the made; or on any repetitive hand processes. Communications Centre. "Inspector" means a tradesman who is en- gaged to inspect components while in pro- 4.—Term. duction or upon completion as to their This award operates from the beginning of the conformity with a specified standard of first pay period commencing on or after the date quality and accuracy and who is authorised hereof until the 21st of July, 1966, in the case of to exercise and does exercise a discretion the Iron Ore Mining Industry and until the 21st to pass components which may not con- of June, 1969, in all other cases. form to that standard. "Examiner" means a tradesman other than 5.—Definitions. one employed as an inspector who is en- gaged to inspect components while in pro- (1) General: duction or upon completion as to their "Cadet" means— conformity with a specified standard of (a) a worker who is appointed by an quality and accuracy. employer bound by this award "Viewer" means a worker who by means of solely for the pm-pose of being fixed gauges is engaged to inspect com- trained for an administrative or ponents while in production or upon com- supervisory position (not being a pletion as to their conformity with a spec- supervisory position to which this ified standard of quality and accuracy. award applies) in the employer's (2) General Engineering:-— business; and "Tradesman" means a worker who in the (b) a worker who is a full time course of his employment works from student at a university, school of drawings or prints, or makes precision mines or technical college and measurements or applies general trade ex- who is employed during vacations perience, but does not include an appren- by an employer bound by this tice. award solely for the purpose of "Patternmaker" means a tradesman who makes giving the student practical ex- patterns of wood or metal but does not in- perience necessary for the com- clude a tradesman engaged on the finishing pletion of his course of study. (whether by filing or otherwise) or fitting "Casual worker" means a worker engaged and of metal patterns unless he is otherwise paid as such. entitled to be classified as a patternmaker. 746 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

"Toolmaker" means a tradesman making or "Cycle assembler" means a worker engaged in repairing any precision tool, gauge, die or assembling, putting together and adjusting mould to be affixed to any machine, who the parts of a pedal cycle as received from designs or lays out his work and is re- the maker. sponsible for its proper completion. "Lagger" means a worker engaged in mixing or "First-class machinist (tool room)" means a fixing lagging on the job including the tradesman who, for the greater part of his application of any thermal insulating time, is engaged in or in connection with material by any means and the fixing of the making of precision tools, gauges, dies protective coverings of canvas, sheet metals or moulds to be affixed to any machine. fabrics, plastics, bituminous fibre glass and '"First-class machinist" means a tradesman asbestos felt or other similar materials to who is engaged in setting up or in setting such insulation. up and operating the following machines: (3) Electrical: lathe, boring machine, milling machine, "Electrical fitter" means a worker engaged in planing machine, shaping machine, slot- making, repairing, altering, assembling, ting machine and grinding machine. testing, winding, or wiring electrical "Second-class machinist" means a worker who machines, instruments, meters, or other is engaged in operating, or setting up and apparatus, other than wires leading operating a key setting machine or any thereto, but a worker shall not be deemed machine enumerated in the definition of to be an electrical fitter— "first-class machinist", and includes a (a) solely by reason of the fact that worker engaged as a pipe fitter on low this work consists of placing elec- pressure work but does not include a worker trodes in "neon" tubes sealed by who is engaged as a tradesman. him; or "Third-class machinist" means a worker who (b) if he is employed as a meter tester. operates any machine set up by a trades- "Electrical installer" means a worker engaged man or any machine the setting up of in the installation of electric lighting, elec- which does not require the knowledge or tric meters, bells, telephones or motors and skill of a second-class machinist, but does apparatus used in connection therewith and includes a worker engaged in running, not include a process worker. repairing or testing of conductors used for "Locksmith" means a tradesman engaged in lighting, heating or power purposes but the making or repairing of locks and the does not include a worker who is a lines- mechanism of safe and strongroom doors. man or a meter fixer. "Heat treater" means a tradesman who is re- "Linesman" means a worker engaged (with or quired to apply general trade experience as without labourers assisting), in erecting a heat treater and who carries out the poles for electrical wires, cables or other operation of heat treatment to produce in conductors, or erecting wires, cables ox- the materials treated such requirements as other conductors on poles or over build- hardness, toughness, ductility, resistance to ings, or tying them to insulators, or joining abrasion, elasticity, tensile strength, mach- or insulating them, or doing any work on inability and resistance to creep, and who electrical poles off the ground. works to limits in size, shape and straight- "Motor attendant" means a worker who is ness in tool work. wholly engaged in stopping or starting "Heat treater operative" means a worker who is motors, replacing motor fuses or oiling ox- engaged under supervision in hardening, cleaning motors. case-hardening or tempering metal com- "Switchboard attendant" means a wox-ker ponents by any process and in taking pyro- attending to, in charge of, or doing any meter temperature readings and who ad- work (other than repaix-s or additions) just furnace temperatures to instructions. necessary for the wox-king of, any switch- "Automotive electrical fitter" means a worker board. engaged in the manufacture and repair of "Battery fitter" means a worker engaged in the the starting, lighting and ignition equip- erection, overhauling and repaixing of ment of motor vehicles (including motor storage batteries. cycles). "Battery attendant" means a wox-ker who car- "Motor mechanic" means a worker engaged in ries out testing, topping up, cleaning, assembling (except for the first time in charging, dischax-ging, removing and re- Australia), making, repairing, altering or placing of storage batteries. testing the metal parts (including electric) (4) Electroplating: of the engines or chassis of motor vehicles "Electroplatei-—first class" means a worker other than motor cycles. who maintains the solutions used and is "Motor cycle mechanic" means a worker en- responsible for the electroplating of ware. gaged in assembling (except for the first "Electroplatei-—second class" means a worker time in Australia), making, repairing, alter- who is mainly engaged on electroplating ing or testing the metal parts (including (including work on the barrel-plating electric) of the engines, frames or chassis system), but who is not x-esponsible for of motor cycles and side cars. the solutions used. "Motor vehicle assembler" means a worker en- "Wet process wox-ker" means a worker engaged gaged in assembling and putting together in repetition work in any electroplating or the parts of a motor vehicle as received allied wet process. from the maker but does not include a (5) Boilermaking and Ship Construction: worker altering or adjusting such parts. "Boilermaking and ship constniction" means "Cycle mechanic" means a worker engaged in the fabx-ication, erection, or repairing of assembling (except for the first time in steel or iron ships or of boilers or other Australia), building, brazing, repairing, vessels subject to greater pressure than the altering or testing the metal parts of a weight of their contents, but does not in- pedal cycle. clude drilling by stationary machines. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

"Tradesman" means a worker who is required 6.—Preference to Unionists. to develop work from scaled drawings or (1) In this clause— prints, or to make templates, or to apply general trade experience without the guid- "the union" means any one of the unions ance of a foreman or other tradesman, and referred to in subclause (7) of this clause; includes a worker engaged in riveting by "unionist" means a worker who is a member hand or machine, caulking, chipping, and of the union; working rivet busters. "non-unionist" means a worker who is not (6) Steel Construction: a member of the union. "Tradesman" means a worker who is required to develop work from scaled drawings or (2) Subject to the provisions of this clause it prints, or to make templates, or to apply is a condition of employment under this award general trade experience without the that each non-unionist shall— guidance of a foreman or other trades- (a) unless he has already applied for mem- man, and includes a worker engaged in bership of the union in the manner pre- riveting by hand or machine, caulking, scribed by the rules of the union, apply for chipping, and working rivet busters. such membership in the manner so pre- "First-class machinist" means a worker en- scribed within seven days of receiving, gaged solely in working one or more of from an accredited representative of the the following machines:—Bending rollers, union, a copy of those rules, a copy of gag straight liners, guillotines, shearing this clause and an application form for machines, hydraulic presses of over two membership; hundred tons pressure, portable drillers, portable reamers and tappers. (b) upon being notified that he has been "Second-class machinist" means a worker en- accepted as a member of the union, do gaged solely in operating one or more of such things as may be required under the the following machines:—Mangling, nip- rules of the union in relation to his ad- ping and notching, roll straightening, mission to membership; and punching, cropping, hydraulic presses of (c) thereafter remain a unionist whilst so em- two hundred tons pressure or under, ployed. stationary drillers, stationary reamers and tappers, cold saw, friction saw, plate-edge (3) Subclause (2) of this clause does not apply planers, and other machines. to any worker— (7) Welding: (a) who holds a certificate of exemption from "First-class welder" means a worker using membership of the union issued and in electric arc or petrol or coal gas blow pipe force pursuant to section 61B of the In- on any work other than that of a second, dustrial Arbitration Act, 1912-1963; third or fourth class welder as defined. (b) who, prior to the expiration of the seven "Second-class welder" means a worker who— days referred to in that subclause, has ap- (a) uses any of the foregoing types plied for such a certificate of exemption, of welding apparatus in filling unless and until that application is finally castings: or determined under that section; (b) welds with the aid of jigs; or (c) operates automatic welding (c) for the unexpired portion of any period in machines for the setting up of respect of which he has, prior to commenc- which he is not responsible: or ing employment under this award, paid (d) operates a profile cutting or a membership fees on his own behalf to an- straight line cutting machine. other union; or "Third-class welder" means a worker who uses (d) who is an apprentice. any of the foregoing types of welding apparatus in tacking preparatory to the (4) (a) Where the secretary of the union has completion of work by any other worker. notified an employer that a non-unionist to whom "Fourth-class welder" means a worker using the provisions of subclause (2) of this clause apply, an electric spot or butt-welding machine, has failed or refused to comply with those provi- or cutting scrap with oxy-acetylene blow sions, that non-unionist shall not be retained in pipe, petrol or coal gas blow pipe. employment by that employer ^ for more than (8) Foundry: twenty-four hours to the exclusion of any well- "Jobbing coremaker" means a moulder en- conducted unionist who is employed by, or who gaged in making cores for metal moulds applies for employment with that employer and by the use of loam or strickle boards, or who is adequately experienced and otherwise^ com- by loose boxes, other than loose boxes petent in the work performed by that non-unionist, used for repetiton production of cores and is of the sex to which that work is allotted by requiring little or no skill to produce. this award, or where the award makes no such "Jobbing moulder" means a metal moulder en- provision, by custom. gaged in floor moulding, loam moulding, strickle moulding or moulding from loose (b) Where paragraph (a) of this subclause patterns. operates so as to require the dismissal of a non- "Machine coremaker" means a worker making unionist by his employer the provisions of clause 7 cores by machines where the core box is of this award are hereby declared inoperative in a fixture to or part of such machine, or respect of that dismissal but only if— making repetition cores requiring little or (i) a unionist is engaged to commence work no skill to produce. in the place of the non-unionist; and "Plate or machine moulder" means a worker (ii) that dismissal does not become effective engaged in moulding on the plate system before the unionist has so commenced. or by machines where the pattern is either a fixture to the plate or the spray (c) This subclause shall not apply to an appren- system is used. tice. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

(5) A non-unionist shall not be engaged for any (4) (a) Where a worker leaves his employment— work to the exclusion of a well conducted unionist if that unionist— (i) without giving the notice referred to in (a) is adequately experienced in and com- subclause (2) of this clause; or petent to perform that work; (ii) having given such notice, before the notice (b) applies to that employer, for employment expires, on that work— he forfeits his entitlement to any moneys owing to (i) not later than the time at which him under this award except to the extent that the non-unionist applies; or those moneys exceed his ordinary wages for the (ii) within the time specified by that period of notice which should have been given. employer in any advertisement (b) In a case to which paragraph (a) of this calling for such applications, whichever is the later; subclause applies— (c) is able to commence work at the time re- (i) the contract of service shall, for the pur- quired by the employer; and poses of this award, be deemed to have ter- Cd) is of the sex to which the work concerned minated at the time at which the worker is allotted by this award or, where the was last ready, willing and available for award makes no such provision, by custom. work during ordinary hours under the con- ie) Subclause (5) of this clause does not apply tract; and to a non-unionist— (ii) the provisions of subclause (2) of this (a) who holds a certificate of exemption from clause shall be deemed to have been com- membership of the union issued and in plied with if the worker pays to the em- force pursuant to section 61B of the In- ployer, whether by forfeiture or otherwise, dustrial Arbitration Act, 1912-1963; or an amount equivalent to the worker's or- (b) for the period between the date on which dinary wages for the period of notice which he applies for such a certificate and the should have been given. date on which that application is finally determined under that section. (5) The period of notice referred to in subclause (e) who is an apprentice. (2) of this clause is— (7) This clause applies with respect to— (a) in the case of a casual worker, one hour; Federated Moulders (Metals) Union of Work- (b) in any other case— ers, Perth. Electrical Trades Union of Workers of Aus- (i) during the first month of employ- tralia (Western Australian Branch), Perth. ment under the contract, one day; The Australasian Society of Engineers, Collie and River District, Industrial Union of Work- (ii) after the first month of such em- ers. ployment, one week. The Australasian Society of Engineers, Midland Junction Branch, Industrial Union of (6) In lieu of giving the notice referred to in Workers. subclause (2) of this clause an employer shall, in The Australasian Society of Engineers, Perth, the case of a worker who has been engaged solely W.A., Industrial Union of Workers. for construction work and who has completed one Amalgamated Engineering Union of Workers, month's service with that employer, give notice to Perth Branch. the worker on the day on which the contract of Amalgamated Engineering Union of Workers, service is to end and pay the worker one week's Kalgoorlie Branch. ordinary wages: Provided that where a worker, Amalgamated Engineering Union of Workers, having been offered and refused further employ- Collie Branch. ment at another site with the same employer, sub- Boilermakers' Society of Australia, Union of sequently, within a fortnight of such refusal, applies Workers, Coastal Districts, W.A. to that employer for employment and is engaged Boilermakers' Society of Australia, Union of to work at that other site, the one week's wages Workers, Kalgoorlie Branch, No. 11. paid to him under this subclause shall be credited (8) This clause does not apply so as to require towards payment of any monies due in his new any worker to apply for membership of a union employment. to which he is not eligible to belong. (7) (a) On the first day of engagment a worker 7.—Contract of Service. shall be notified by his employer or by the em- (1) A contract of service to which this award ployer's representative whether the duration of his applies may be terminated in accordance with the employment is expected to exceed one month and, provisions of this clause and not otherwise but this if he is hired as a casual worker, he shall be ad- subclause does not operate so as to prevent any vised accordingly. party to a contract from giving a greater period (b) A worker shall, for the purposes of this of notice than is hereinafter prescribed nor to award, be deemed to be a casual worker— affect an employer's right to dismiss a worker with- (i) if the expected duration of the employ- out notice for misconduct. ment is less than one month; or (2) Subject to the provisions of this clause, a party to a contract of service may, on any day, (ii) if the notification referred to in paragraph give to the other party the appropriate period of (a) of this subclause is not given and the notice of termination of the contract prescribed worker is dismissed through no fault of his in subclause (5) of this clause and the contract own within one month of commencing em- terminates when that period expires. ployment. (3) In lieu of giving the notice referred to in (8) The employer shall be under no obligation subclause (2) of this clause, an employer may pay to pay for any day not worked upon which the the worker concerned his ordinary wages for the worker is required to present himself for duty, period of notice to which he would otherwise be except when such absence from work is due to ill- entitled. ness and comes within the provisions of clause 26 or 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. such absence is on account of holidays to which (b) the Commission so determines after receiv- the worker is entitled under the provisions of this ing a report from the appropriate award. Apprenticeship Advisory Board; or (9) (a) The employer is entitled to deduct pay- (c) the Commission so determines pursuant to ment for any day upon which a worker (including regulation 40 (2) (a) of the Apprentice- an apprentice) cannot be usefully employed because ship Regulations. of a strike by any of the unions party to this (4) Where any shop or factory has been given award, or by any other association or union. approval by a Board of Reference to take apprentices (b) The provisions of paragraph (a) of this in the ratio of one to every journeyman employed, subclause also apply where the worker cannot be that approval is hereby cancelled but the validity usefully employed through any cause which the of any apprenticeship commenced prior to the date employer could not reasonably have prevented but of this award pursuant to such approval is not only if, and to the extent that, the employer and affected by the provisions of this award. the union or unions concerned so agree or, in the event of disagreement, the Board of Reference so (5) Notwithstanding anything contained in this determines. award to the contrary, if through lack of orders (c) Where the stoppage of work has resulted or through financial difficulties, the employer is from a breakdown of the employer's machinery the unable at any time to find employment and train- Board of Reference, in determining a dispute under ing for an apprentice, and if a transfer to another paragraph (b) of this subclause, shall have regard employer cannot be arranged, the obligations and for the duration of the stoppage and the en- duties imposed by the indenture may, with the deavours made by the employer to repair the concurrence of the apprentice and his guardian, breakdown. be suspended for a period agreed upon or, if no such agreement be arrived at, may be cancelled 8.—Higher Duties. by the employer. The onus of proof of circum- A worker engaged on duties carrying a higher stances justifying such cancellation shall be on rate than his ordinary classification shall be paid the employer. This provision shall be deemed to the higher rate for the time he is so engaged but be included in all contracts of apprenticeship now if he is so engaged for more than half of one day existing and also in all future contracts entered or shift he shall be paid the higher rate for the into. whole day or shift. 9.—Under-Rate Workers. (6) Except as hereinafter provided every agree- ment of apprenticeship shall be for a period of (1) Any worker who by reason of old age or five years unless, with the approval of the Com- infirmity is unable to earn the minimum wage mission, that period is reduced or deemed to have may be paid such lesser wage as may from time been commenced prior to the date of the agree- to time be agreed upon in writing between the ment provided that— union and the employer. (a) Where the apprentice has completed the (2) In the vent of no agreement being arrived tenth year of schooling and has obtained at, the matter may be referred to the Board of the High School Certificate or Junior Cer- Reference for determination. tificate of the Public Examinations Board (3) After application has been made to the in such subjects as the appropriate Ap- Board, and pending the Board's decision, the prenticeship Advisory Board determines worker shall be entitled to work for and be em- and has the vocational aptitude for the ployed at the proposed lesser rate. trade concerned, the period of apprentice- 10.—Apprentices. ship shall be four years; and (1) Subject to the provisions of this clause, the (b) Where the apprentice has completed the Apprenticeship Regulations made on the 30th eleventh year of schooling and has ob- January, 1964 (hereinafter referred to as "the tained the High School Certificate or Apprenticeship Regulations") are incorporated in Junior Certificate of the Public Ex- and form part of this award. aminations Board in such subjects as the appropriate Apprenticeship (2) Apprentices may be taken to— Advisory Board determines and has the Engineering: Patternmaking, electrical fitting, vocational aptitude for the trade con- fitting and/or turning, first-class machin- cerned, he may be allowed a credit to ing, first-class welding, electrical installing, reduce the period to three and a half automotive electrical fitting, motor years; and mechanics, motor cycle mechanics, brass (c) Where the apprentice has completed the finishing, first-class electroplating, black- twelfth year of schooling and has obtained smithing, coppersmithing, scale adjusting, the High School Certificate or Leaving locksmithing, battery fitting, refrigeration Certificate of the Public Examinations fitting, scientific instrument making. Board in such subjects as the appro- Boilermaking: Boilermaking and/or steel con- priate Apprenticeship Advisory Board struction work and/or first-class welding. determines and has the vocational apti- Moulding: Jobbing moulding and coremaking tude for the trade concerned, he may be and/or jobbing brass moulding and corer allowed a credit to reduce the period to making. three years. (3) Apprentices may be taken in the ratio of one apprentice for every two or fraction of two (7) A minor who has satisfactorily completed (the fraction being not less than one) journeymen an approved pre-apprenticeship course conducted and shall not be taken in excess of that ratio by the Technical Education Division of the Educa- unless— tion Department may be indentured as an appren- (a) the union or unions concerned so agree; tice under this award on a three-year term of ap- or prenticeship. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. (8) Where classes are provided by the Techni- cal Education Division of the Education Depart- (n) the ordinary hours of the aforesaid major- ment in the locality in which the apprentice is ity may include work on Saturdays; and employed, the hours of attendance at such classes (iii) the business of that establishment is car- shall be— ried on on Saturdays. (d) Where the first night shift in any week (a) Where the period of apprenticeship is for commences on Monday night, the night shift com- five years—eight hours per week for the mencing on Friday and finishing not later than first school year and eight hours per fort- 8 am. on Saturday of that week, shall be deemed night for each of the three subsequent to have been worked in ordinary working hours. school years. (e) Where shift work is worked on construction (b) Where the period of apprenticeship is for work or by the contractor on commissioning tests less than five years—eight hours per week for new plant— for the first and second school years and

(b) Forty hours (inclusive of crib time) shall ordinary work on the next day that he constitute a week's work to be worked in five shifts has not at least eight consecutive hours of eight hours each. Provided that this clause off duty between those times shall, sub- shall be deemed to have been complied with if ject to this paragraph, be released after the ordinary working hours do not exceed eighty completion of such overtime until he has hours per fortnight to be worked in shifts of eight had eight consecutive hours off duty hours each. For the purpose of this proviso a without loss of pay for ordinary working "fortnight" means any two consecutive weekly time occurring during such absence. pay periods. (iii) If, on the instructions of his employer, 15.—Overtime. such a worker resumes or continues work (1) (a) The provisions of this subclause apply without having had such eight consecu- to all workers other than those engaged on tive hours off duty, he shall be paid at continuous shift work. double rates until he is released from (b) Subject to the provisions of this subclause, duty for such period and he shall then all work done beyond the ordinary working hours be entitled to be absent until he has had on any day, Monday to Friday, inclusive, shall be eight consecutive hours off duty without paid for at the rate of time and one half for the loss of pay for ordinary working time first two hours and double time thereafter. occurring during such absence. (c) Work done on Saturdays after 12 noon or (d) When a worker is recalled to work after on Sundays or on any day prescribed as a holiday leaving the job— under this award, shall be paid for at the rate of (i) he shall be paid for at least tlii'ee hours double time. at overtime rates; (d) Work done on Saturdays prior to 12 noon (ii) time reasonably spent in getting to and shall be paid for at the rate of time and one half from work shall be counted as time worked; for the first four hours and double time thereafter and but this paragraph does not apply in a case to (iii) in the case of a worker employed by La- which paragraph (c) or (d) of subclause (1) of porte Titanium (Australia) Ltd. at Aus- clause 14 applies. tralind, where the time worked (excluding (e) When a worker is required for duty during travelling time) exceeds one hour and he his usual meal time and his meal time is thereby is required to use his own transport, he postponed for more than half an hour, he shall shall be paid an allowance of one dollar. be paid at overtime rates until he gets his meal. (e) When a worker is required to hold himself (f) In computing overtime each day shall stand in readiness for a call to work after ordinary hours, alone but when a worker works overtime which he shall be paid at ordinary rates for the time continues beyond midnight on any day, the time he so holds himself in readiness. worked after midnight shall be deemed to be part (f) A worker shall not be compelled to work for of the previous day's work for the purpose of this more than six hours without a break for a meal. subclause. (g) Subject to the provisions of paragraph (h) (2) (a) The provisions of this subclause apply of this subclause, a worker required to work over- only to workers engaged on continuous shift work. time for more than two hours shall be supplied (b) Subject to the provisions of paragraph (c) with a meal by the employer or be paid sixty-five of this subclause all time worked in excess of or cents for a meal, and if, owing to the amount outside the ordinary working hours as prescribed of overtime worked, a second or subsequent meal or on a shift other than a rostered shift, shall be is required he shall be supplied with each such paid for at the rate of double time, except where a meal by the employer or be paid forty-five cents worker is called upon to work a sixth shift in not for each meal so required. more than one week in any four weeks, when he (h) The provisions of paragraph (g) of this shall be paid for such shift at time and a half for subclause do not apply— the first four hours and double time thereafter. (i) in respect of any period of overtime for which the worker has been notified on the (c) Time worked in excess of the ordinary work- previous day or earlier that he will be ing hours shall be paid for at ordinary rates— required; or (i) if it is due to private arrangements be- (ii) to any worker who lives in the locality in tween the workers themselves; or which the place of work is situated in re- (ii) if it does not exceed two hours and is due spect of any meal for which he can reason- to a relieving man not coming on duty at ably go home. the proper time; or (i) If a worker to whom subparagraph (i) of (iii) if it is for the purpose of effecting the paragraph (h) of this subclause applies has, as a customary rotation of shifts. consequence of the notification referred to in that (3) (a) The provisions of this subclause apply to paragraph, provided himself with a meal or meals all workers. and is not required to work overtime or is re- (b) Except in the case of shifts to which para- quired to work less overtime than the period noti- graph (a) of subclause (6) of clause 16 of this fied, he shall be paid, for each meal provided and award applies overtime on shift work shall be based not required, the appropriate amount prescribed on the rate payable for shift work. in paragraph (g) of this subclause. (c) (i) When overtime work is necessary it (j) (i) An employer may require any worker to shall, wherever reasonably practicable, be work reasonable overtime at overtime so arranged that workers have at least rates and such worker shall work over- eight consecutive hours off duty between time in accordance with such require- the work of successive days, ment. (ii) a worker (other than a casual worker) (ii) No union or association party to this who works so much overtime between award, or worker or workers covered by the termination of his ordinary work on this award, shall in any way, whether one day and the commencement of his directly or indirectly, be a party to or 752 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

concerned in any ban, limitation, or re- 18.—Time and Wages Record. striction upon the working of overtime (1) Each employer shall keep a time and wages in accordance with the requirements of book showing the name of each worker, the nature this subclause. of his work, the hours worked each day, and the (k) The provisions of this subclause do not oper- wages and allowances paid each week. Any system ate so as to require payment of more than double of automatic recording by means of machines shall time rates for any work except and to the extent be deemed to comply with this provision to the that the provisions of clause 19 of this award apply extent of the information recorded. to that work. (2) The time and wages record shall be open 16.—Shift Work. for inspection by a duly accredited official of the (1) The provisions of this clause apply to shift union during the usual office hours, at the em- work whether continuous or otherwise. ployer's office or other convenient place, and he (2) subject to the provisions of subclause (3) of shall be allowed to take extracts therefrom. The employer's works shall be deemed to be a con- this clause, an employer may work his establish- venient place for the purpose of this paragraph, ment on shifts but before doing so shall give notice and if for any reason the record be not available of his intention to the union or unions concerned at the works when the official calls to inspect it, and of the intended starting and finishing times it shall be made available for inspection within of ordinary working hours of the respective shifts. twelve hours either at thfe employer's office or at (3) Shifts shall not be worked on construction the works. work unless the employer and the union or unions concerned so agree or, in the event of disagree- 19.—Special Rates and Provisions. ment, the Board of Reference so determines. (1) Height Money: A worker shall be paid an (4) (a) Where any particular process is carried allowance of twenty-five cents for each day on out on shifts other than day shift, and less than which he works at a height of fifty feet or more five consecutive afternoon or five consecutive night above the nearest horizontal plane, but this pro- shifts are worked on that process, then workers vision does not apply to linesmen nor to riggers employed on such afternoon or night shifts shall and splicers on ships or buildings. be paid at overtime rates. (2) Dirt Money: A worker shall be paid an (b) The sequence of work shall not be deemed allowance of five cents per hour when engaged on to be broken under the preceding paragraph by work of an unusually dirty nature where clothes reason of the fact that work on the process is not are necessarily unduly soiled or damaged or boots carried out on a Saturday or Sunday or on any are unduly damaged by the nature of the work holiday. done. (3) Grain Dust: Where any dispute arises at a (5) Where a shift commences at or after 11 p.m. bulk grain handling installation due to the pre- on any day, the whole of that shift shall be deemed, sence of grain dust in the atmosphere and the for the purposes of this award, to have been worked Board of Reference determines that workers em- on the following day. ployed under this award are unduly affected by (6) The loading on the ordinary rates of pay for that dust, the Board may, subject to such condi- shifts worked in ordinary hours is— tions as it deems fit to impose, fix an allowance or (a) twenty-five per cent, for night shift on allowances not exceeding ten cents per hour. construction work or on commissioning (4) Confined Space: A worker shall be paid an tests for new plant; and allowance of eight cents per hour when, because (b) in any other case, five per cent, for after- of the dimensions of the compartment or space in noon shift and 10 per cent, for night which he is working, he is required to work in a shift. stooped or otherwise cramped position or without (7) (a) All work performed during ordinary hours proper ventilation. on Saturdays, Sundays or holidays, shall be paid (5) Diesel Engine Ships: The provisions of sub- for at the rate of time and one half. This rate clauses (2) and (4) of this clause do not apply to shall be paid in lieu of the shift allowances pre- a worker when he is engaged on work below the scribed in paragraph (b) of subclause (6) of this floor plates in diesel engine ships, but he shall be clause. paid an allowance of thirteen cents per hour (b) The provisions of paragraph (a) of this sub- whilst so engaged. clause do not apply to a case to which paragraph (6) Boiler Work: A worker required to work in a (a) of subclause (6) of this clause applies. boiler which has not been cooled down shall be (8) Where shifts are worked on construction paid at the rate of time and one half for each work or on commissioning tests for new plant the hour or part of an hour so worked in addition to day and night shifts shall change weekly. any allowance to which he may be entitled under subclauses (2) and (4) of this clause. 17.—Payment of Wages. (7) Hot Work: A worker shall be paid an (1) Each worker shall be paid the appropriate allowance of eight cents per hour when he works rate shown in the First Schedule to this award. in the shade in any place where the temperature Payment shall be pro rata where less than the is raised by artificial means to between one hun- full week is worked. dred and fifteen and one hundred and twenty- (2) Where a worker requests his employer to five degrees fahrenheit. state in writing with respect to each week's wages (8) (a) Where, in the opinion of the Board of the amount of wages to which he is entitled, the Reference, the conditions under which work is to amount of deductions made therefrom, the net be performed are, by reason of excessive heat, amount being paid to him, and the number of hours exceptionally oppressive, the Board may—■ worked, the employer shall do so not less than two (i) fix an allowance, or allowances, not hours before the worker is paid. exceeding the equivalent of half the (3) A worker who lawfully leaves his employ- ordinary rate; ment or is dismissed for reasons other than mis- (ii) fix the period (including a minimum conduct shall be paid all moneys due to him at the period) during which any allowance so termination of his service with the employer. fixed is to be paid; and 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(iii) prescribed such other conditions, relating thereof) for use by his workers when to the provision of protective clothing or engaged on work for which some protec- equipment and the granting of rest periods, tive equipment is reasonably necessary. as the Board sees fit. (b) A worker shall sign an acknowledgment (b) The provisions of paragraph (a) of this sub- when he receives any article of protective clause do not apply unless the temperature in the equipment and shall return that article shade at the place of work has been raised by to the employer when he is finished using artificial means beyond one hundred and twenty- it or on leaving his employment. five degrees fahrenheit. (c) A worker to whom an article of protective (c) An allowance fixed pursuant to paragraph equipment has been issued shall not lend (a) of this subclause includes any other allowance that article to another worker and if he which would otherwise be payable under this does both he and that other worker shall clause. be deemed guilty of wilful misconduct. (9) Tarring Pipes: The provisions of subclauses (2) and (4) of this clause do not apply to a (d) An article of protective equipment which worker engaged in tarring pipes in the Cast Pipe has been used by a worker shall not be Section, but he shall, in lieu thereof, be paid an issued by the employer to another worker allowance of fifteen cents per day whilst so en- until it has been effectively sterilised but gaged. this paragraph only applies where sterilisa- (10) Percussion Tools: A worker shall be paid an tion of the article is practicable and is allowance of four cents per hour when working a reasonably necessary. pneumatic rivetter of the percussion type and other (20) A worker employed at the Alumina Refinery pneumatic tools of the percussion type. on construction work over and around the top of (11) Chemical, Artificial Manure and Cement the precipitators while the plant is operating shall Works: A worker, other than a general labourer, be supplied with a pair of overalls and a pair of in chemical, artificial manure and cement works boots by the employer. shall, in respect of all work done in and around (21) Any dispute under this clause may be deter- the plant outside the machine shop, be paid an mined by the Board of Reference. allowance calculated at the rate of one dollar and 20.—Car Allowance. fifty cents per week. The allowance shall be (1) Where a worker is required and authorised paid during overtime but shall not be subject to to use his own motor vehicle in the course of his penalty additions. A worker receiving this duties he shall be paid an allowance not less than allowance is not entitled to any other allowance that provided for in the table set out hereunder. under this clause. Notwithstanding anything contained in this sub- (12) Abattoirs: A worker employed in and about clause the employer and the worker may make any an abattoir shall be paid an allowance calculated other arrangement as to car allowance not less at the rate of two dollars and fifty cents per week. favourable to the worker. The allowance shall be paid during overtime but (2) Where a worker in the course of a journey shall not be subject to penalty additions. A worker travels through two or more of the separate areas, receiving. this allowance is not entitled to any payment at the rates prescribed herein shall be other allowance under this clause. made at the appropriate rate applicable to each (13) Pattern-making Apprentices: An appren- of the separate areas traversed. tice to patternmaking shall be paid an allowance (3) A year for the purpose of this clause shall of forty cents per week. (14) Phosphate Ships: A worker shall be paid an commence on the 1st day of July and end on the allowance of fourteen cents for each hour he works 30th day of June next following. in the holds or 'tween decks of ships which, imme- Rates of Hire for Use of Worker's Own Vehicle diately prior to such work, have carried phosphatic on Official Business. rock, but this subclause only applies if and for as long as the holds and 'tween decks are not cleaned (a) South of 26° South Latitude. down. Mileage Travelled each Year on Official (15) A worker employed by Laporte Titanium Business (Australia) Ltd. at Australind shall be paid an allowance of five cents for each hour or part thereof 5,000-10,000 Over 10,000 that he is required to wear a gas mask or special Miles Miles acid protective clothing not including gloves (other than heavy gloves), goggles, boots, or overalls Over i 12 h.p. Over 12 h.p. Over 12 h.p 12 i and ! 12 and 12 and ordinarily issued by the Company. h.p. ; under ; h.p. under h.p. under (16) A worker who is sent to work on any gold mine shall be paid an allowance of such amount cents i cents cents cents cents cents as will afford him a wage not less than he would per j per per per per per be entitled to receive pursuant to the award which mile : mile mile mile mile mile would apply to him if employed by the gold mine Metropolitan .... 8-17 1 6*75 5*67 4*75 4*67 4*00 South-West Land concerned. Division .... 9-67 7*92 7*17 5*92 6*17 5-17 (17) A worker who is required to work from a Other 10*42 8*50 7*92 6*50 6*92 5*75 ladder shall be provided with an assistant on the ground where it is reasonably necessary for the worker's safety. (b) North of 26° South Latitude. (18) The work of an electrical fitter shall not be tested by a worker of a lower grade. 1-5,000 Miles ! Over 5,000 Miles (19) Protective Equipment: (a) An employer shall have available a Between 26° and 22° South Lati-. | cents per mile cents per mile sufficient supply of protective equipment tude (as, for example, goggles (including anti- North of 22° South Latitude ... fiash goggles), glasses, gloves, mitts, aprons, For the purpose of this Schedule the letters " h.p." mean horse power sleeves, leggings, gumboots, ear protectors, calculated according to the formula of the Royal Automobile Club of helmets, or other efficient substitutes W.A. (Incorporated). [29 June, 1966.

21.—Pares and Travelling Time. employer at ordinary rates. The employer shall (1) (a) A worker who, on any day, or from pay all fares and reasonable expenses in connec- day to day is required to work at a job away from tion with such travelling. his accustomed workshop or depot shall, at the (4) Where clause 22 of this award applies to direction of his employer, present himself for work the majority of the workers employed under this at such job at the usual starting time. award on any construction work, the provisions (b) A worker to whom paragraph (a) of this of this clause do not apply but the provisions of subclause applies shall be paid at ordinary rates subclause (7) of the said clause 22 shall be applied for time spent in travelling between his home and to each worker as if he were supplied with board the job and shall be reimbursed for any fares and lodging. incurred in such travelling, but only to the extent that the time so spent and the fares so incurred 22.—Distant Work. exceed the time normally spent and the fares (1) Where a worker is engaged or selected or normally incurred in travelling between his home advised by an employer to proceed to construction and his accustomed workshop or depot. work at such a distance that he cannot return to (c) A worker who with the approval of his em- his home each night and the worker does so, the ployer uses his own means of transport for travel- employer shall provide the worker with suitable ling to or from outside jobs shall be paid the board and lodging or shall pay the expenses reason- amount of excess fares and travelling time which ably incurred by the worker for board and lodging. he would have incurred in using public transport (2) The provisions of subclause (1) of this clause unless he has an arrangement with his employer do not apply with respect to any period during for a regular allowance. which the worker is absent from work without (2) A worker to whom subclause (1) of this reasonable excuse and in such a case, where the clause does not apply and who is engaged on con- board and lodging is supplied by the employer, he struction work shall be paid an allowance in accord- may deduct from moneys owing or which may be- ance with the provisions of this subclause to com- come owing to the worker an amount equivalent to pensate for excess fares and travelling time from the value of that board and lodging for the period the worker's home to his place of work and re- of the absence. turn— (3) Subject to the provisions of subclause (5) of (a) On places within a radius of 14 miles from this clause— the G.P.O., Perth—53 cents per day. (a) the employer shall pay all reasonable ex- (b) For each additional mile up to 30 miles- penses including fares, transport of tools, five cents per mile. meals and, if necessary, suitable overnight (c) Subject to the provisions of paragraph (d) accommodation incurred by a worker or work performed at places beyond 30 miles person engaged who is directed by his from the G.P.O., Perth, shall be deemed employer to proceed to the locality of the to be outside work unless the employer site and who complies with such direction. and the workers, with the consent of the (b) the worker shall be paid at ordinary rate union, agree in any particular case that of payment for the time up to a maximum the travelling allowance for such work of eight hours in any one day incurred in shall be paid under this clause in which travelling pursuant to the employer's direc- case an additional allowance of seven cents tion. per mile shall be paid for each mile in (4) Where a worker who, after one month of excess of 30 miles. employment with an employer, leaves his employ- ment, or whose employment is terminated by his (d) In respect to work carried out from an employer "except for incompetency, within one employer's depot situated more than 30 working week of his commencing work on the job miles from the G.P.O., Perth, the main or for misconduct" and in either instance subject to Post Office in the town in which such the provisions of clause 7 of this award returns to depot is situated is substituted as the the place from whence he first proceeded to the centre for the purpose of calculating the locality, or to a place less distant than or equidis- allowance to be paid to workers as tant to the place whence he first proceeded, the follows:— employer shall pay all expenses—including fares, (i) On places of work within a radius transport of tools, meals and, if necessary, suitable of two miles from such Post overnight accommodation—incurred by the worker Office—Nil. in so returning. Provided that the employer shall (ii) On places of work beyond a radius in no case be liable to pay a greater amount under of two miles but within a radius this subclause than he would have paid if the work- of 12 miles from such Post Office er had returned to the locality from which he first Office—53 cents per day. proceeded to the job. (iii) For each additional mile up to 30 (5) On construction work north of the 26th miles—five cents per mile. parallel of South Latitude the following provisions (e) Apprentices and junior workers shall be apply— paid three-quarters of the above rates. fa) The employer may deduct the amount of (f) Where transport to and from the job is the forward fare from the worker's first or provided by the employer from and to later wages but the amount so deducted his depot or such other place more con- shall be refunded to the worker if he con- venient to the worker as is mutually agreed tinues to work for three months or, if the upon between the employer and worker, work ceases sooner, for so long as the work half the above rates shall be paid: Pro- continues. vided that the conveyance used for such (b) If the worker continues to work for the transport is provided with suitable seat- employer for at least six months the em- ing and weatherproof covering. ployer shall, on termination of the work- (3) For travelling during working hours from er's engagement, pay the fare of the worker and to the employer's place of business or from back from the place of work to the place of one job to another, a worker shall be paid by the engagement if the worker so desires. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 755

(6) A worker to whom the provisions of sub- $ clause (1) of this clause apply shall be paid an (f) That area of the State north of a allowance of four dollars for any weekend that he line running east from Carnot Bay returns to his home from the job but only if— to the South Australian border .... 7.00 (a) he advises the employer or his agent of his (2) The above allowances cover a week, whether intention no later than the Tuesday im- of five, six or seven days. For periods of less than mediately preceding the weekend in which five days, one-seventh of the above shall be pay- he so returns; able for each day or part thereof, but a worker (b) he is not required for work during that weekend; who has worked at least one-half of a week shall (c) he returns to the job on the first working be given the benefit of Sunday in the calculation day following the weekend; and of district allowances. (d) the employer does not provide or offer to (3) Workers living in messes provided by the provide suitable transport. employer or who are otherwise provided with free (7) Where a worker, supplied with board and board and lodging shall be paid half the rates pre- lodging by his employer, is required to live more scribed in subclause (1). than one half of a mile from the job, he shall be provided with suitable transport to and from that 24.—Holidays and Annual Leave. job or be paid an allowance or fifty-three cents per (1) (a) The following days or the days observ- day provided that where the time actually spent in ed in lieu shall, subject to paragraph (c) of sub- travelling either to or from the job exceeds twenty clause (1) of clause 15 of this award, be allowed minutes, that excess travelling time shall be paid as holidays without deduction of pay, namely— for at ordinary rates whether or not suitable trans- New Year's Day, Australia Day, Good Friday, Eas- port is supplied by the employer. ter Monday, Anzac Day, Labour Day, Foundation (8) The provisions of subclauses (1). (2), (3), Day, Soverign's Birthday, Christmas Day and Box- (6) and (7) of this clause shall be deemed to apply ing Day. Provided that another day may be taken to a worker who is in the regular employment of as a holiday by arrangement between the parties an employer and who is sent by his employer to in lieu of any of the days named in the sub- distant work (whether construction work or not) clause. Provided further that for a worker em- but the provisions of subclause (4) of this clause do ployed north of the 26th parallel of south latitude not apply to such a worker. or within the area previously covered by Award No. 26 of 1950 Australia Day, Easter Monday, 23.—District Allowances. Foundation Day, Sovereign's Birthday and Boxing (1) In addition to the wages prescribed in the Day shall not be holidays but in lieu thereof there First Schedule to this award, allowances shall, sub- shall be added one week to the annual leave to ject to the provisions of subclause (3) of this which he is entitled under this clause. clause, be paid at the rates set out below, to workers (b) Where Christmas Day or New Year's Day employed in the following areas:— falls on a Saturday or a Sunday such holiday Boundary of Districts and Allowance per shall be observed on the next succeeding Monday week. $ and where Boxing Day falls on a Sunday such (a) The area within the State for which holiday shall be observed on the next succeeding an allowance is not provided for Tuesday; in each case the substituted day shall hereafter and including that area be deemed a holiday without deduction of pay in within a radius of 10 miles of Kal- lieu of the day for which it is substituted. goorlie, Boulder and Southern Cross Nil (b) The area within the following dist- (2) On any public holiday not prescribed as a ricts except that area situated within holiday under this award, the employer's estab- a radius of 10 miles of Kalgoorlie, lishment or place of business may be closed, in Boulder and Southern Cross— which case a worker need not present himself for Carrabin and Bullfinch to South- duty and payment may be deducted, but if work ern Cross 0.52 be done, ordinary rates of pay shall apply. Southern Cross and eastward to (3) Except as hereinafter provided, a period of Kanowna 0.52 three consecutive weeks' leave with payment of Coolgardie to Salmon Gums .... 0.52 ordinary wages as prescribed shall be allowed an- Southward of Salmon Gums to nually to a worker by his employer after a period Esperance 0.23 of twelve months' continuous service with that Northward of the Kalgoorlie employer. radius 0.70 (4) (a) A seven day shift worker, i.e. a shift Wurarga and eastward and worker who is rostered to work regularly on Sun- northward thereof to Meeka- days and holidays shall be allowed one week's tharra 0.70 leave in addition to the leave to which he is other- Hopetoun-Ravensthorpe 0.70 wise entitled under this clause. The area within the following districts: (b) Where a worker with 12 months' contin- (c) Three miles eastward of Meeka- uous service is engaged for part of a qualifying tharra to Wiluna 1.05 twelve-monthly period as a seven-day shift wor- (d) The area within a line commencing ker, he shall be entitled to have the period of an- on the coast at lat. 24°; thence nual leave to which he is otherwise entitled under east to the South Australian bor- this clause increased by one-twelfth of a week der; thence south to the coast; for each completed month he is continuously so thence along the coast to long. engaged. 123°; thence north to the intersec- tion of lat. 26°; thence west along (5) If any award holiday falls within a worker's lat. 26° to the coast 3.00 period of annual leave and is observed on a day (e) That area of the State situated be- which in the case of that worker would have been tween lat. 24° and a line running an ordinary working day there shall be added to east from Carnot Bay to the South that period one day being an ordinary working day Australian border 6.00 for each such holiday observed as aforesaid. (4)—27357 756 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

(6) If, after one month's continuous service in that the sick leave which accumulates pursuant to any qualifying twelve monthly period, a worker this subclause shall be available to the worker for lawfully leaves his employment or his employment a period of two years but no longer from the end is terminated by the employer through no fault of of the year in which it accrues. the worker, the worker shall be paid one quarter (5) The provisions of this clause do not apply of a week's pay at his ordinary rate of wage in to casual workers. respect of each completed month of continuous service. 26.—Long Service Leave. (7) Any time in respect of which a worker is The Long Service Leave provisions set out in absent from work except time for which he is Volume 44 of the Western Australian Industrial entitled to claim sick pay or time spent on holidays Gazette at pages 606 and 612 both inclusive, are or annual leave as prescribed by this award shall hereby incorporated in and form part of this not count for the purpose of determining his right award. to annual leave. (8) In the event of a worker being employed by 27.—Representative Interviewing Workers. an employer for portion only of a year, he shall (1) On notifying the employer or his representa- only be entitled, subject to subclause (6) of this tive an accredited representative of the union shall clause, to such leave on full pay as is proportionate be permitted to interview a worker during the to his length of service during that period with recognised meal hour on the business premises of such employer, and if such leave is not equal to the employer at the place at which the meal is the leave given to the other workers he shall not taken but this permission shall not be exercised be entitled to work or pay whilst the other workers without the consent of the employer more than of such employer are on leave on full pay. once in any one week. (9) A worker who is justifiably dismissed for (2) In the case of a disagreement existing or misconduct shall not be entitled to the benefit of anticipated concerning any of the provisions of the provisions of this clause. this award, an accredited representative of the (10) In special circumstances and by mutual union, on notifying the employer or his representa- consent of the employer, the worker, and the union tive, shall be permitted to enter the business pre- concerned, annual leave may be taken in not more mises of the employer to view the work the sub- than two periods. ject of any such disagreement but shall not inter- (11) Notwithstanding the provisions of this fere in any way with the carrying out of such clause an employer who observes a Christmas close- work. down for the purpose of granting annual leave may 28.—Posting of Award and Union Notices. require a worker to take his annual leave in not more than two periods but neither of such periods The employer shall keep a copy of this award shall be less than one week. in a convenient place in the workshop, and he (12) The provisions of this clause shall not apply shall also provide a notice board for the posting to casual workers. of union notices. 25.—Absence Through Sickness. 29.—Board of Reference. (lj A worker shall be entitled to payment for (1) The Commission hereby appoints, for the non-attendance on the ground of personal ill- purpose of this award, a Board of Reference con- health for one-twelfth of a week for each completed sisting of a Chairman and two other members month of service. Provided that payment for who shall be appointed pursuant to regulation 80 absence through such ill-health shall be limited to of the Industrial Arbitration Act (Western Aus- one week in each calendar year. Payment here- tralian Industrial Commission) Regulations, 1964. under may be adjusted at the end of each calendar (2) The Board of Reference is hereby assigned year, or at the time the worker leaves the service the function of allowing, approving, fixing, deter- of the employer, in the event of the worker being mining or dealing with any matter which, under entitled by service subsequent to the sickness to a this award, may be allowed, approved, fixed, de- greater allowance than that made at the time the termined or dealt with by a Board of Reference. sickness occurred. This clause shall not apply 30.—Liberty to Apply. where the worker is entitled to compensation under Subject to the provisions of this clause and the Workers' Compensation Act. to the conditions mentioned in the reasons for (2) A worker shall not be entitled to receive any judgment accompanying this award, liberty is re- wages from his employer for any time lost through served to the parties to apply to amend— the result of an accident not arising out of or in (1) Clause 5 (Definitions) with respect to— the course of his employment or for any accident, (a) "construction work" in the event that the wherever sustained, arising out of his own wilful Board of Reference gives a decision under default or for sickness arising out of his own wilful paragraph (d) of that definition. default. (b) the inclusion in any definition or defini- (3) No worker shall be entitled to the benefits tions of work on stationary or marine of this clause unless he produces proof satisfactory engines. to his employer of sickness, but the employer shall (2) Clause 10 (Apprentices) — not be entitled to a medical certificate unless the (a) in the event that an apprentice is taken absence is for three days or more. by any employer engaged solely on con- (4) Sick leave shall accumulate from year to struction work; year so that any balance of the period specified (b) in the event that the Apprenticeship Ad- in subclause (1) of this clause which has in any visory Council recommends any amend- year not been allowed to any worker by his em- ment. ployer as paid sick leave may be claimed by the (3) Clause 19 (Special Rates and Provisions) worker and, subject to the conditions hereinbefore with respect to— prescribed, shall be allowed by his employer in any (a) work on oil tankers; subsequent year without diminution of the sick (b) electrical workers under whose licence the leave prescribed in respect of that year. Provided employer operates; 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(c) construction work over and around the (3) A job steward shall not during working hours top of the precipitators at the Alumina call or hold any meeting of the workers concerned Refinery; with any grievance or dispute relating to construc- (d) height money on construction work in the tion work. event that worker's other than riggers are In witness whereof this award has been signed employed at heights more than fifty feet by the said Commissioner, this 21st day of June, above the nearest horizontal plane. 1966. (4) Clause 21 (Fares and Travelling Time) with (Sgd.) E. R. KELLY, respect to construction work in the event that [L.S.l Commissioner. the applicant unions carry out a detailed survey FIRST SCHEDULE. in relation to regular workshop employees. Wages. (5) Clause 22 (Distant Work) with respect to (1) Basic Wage (per week); $ construction work north of 26th parallel of South Males 32.65 latitude in the event that any workers are engaged Females 24.49 for distant work in that area, under the terms of (2) Margin per week over basic wage: this award. (a) General Engineering Section— Assembler—window frame making 6.95 (6) First Schedule (Wages) with respect to— Brass finisher 15.50 (a) any work performed by females; Cycle assembler 4.00 (b) apprenticeship rates in the event of the Cycle filer 3.05 Trades and Labour Council seeking a Cycle mechanic 7.60 general inquiry on that matter; Cycle polisher 4.00 (c) an allowance for construction work north Cycle wheel builder 4.00 of the 26th parallel of South latitude in Examiner 15.50 the event that any such work is performed Fitter—refrigeration 15.50 under the terms of this award. Fitter—window frame 15.50 Heat treater 17.00 31.—Special Provisions—Iron Ore Mining. Heat treater operative 5.80 Inspector 20.75 (1) Until further order Dampier Mining Co. at Locksmith 15.50 Yampi Sound shall pay the appropriate wage rates Machinist—first class (toolroom) 16.75 prescribed in the First Schedule to this award, Machinist— but in lieu of the other provisions of this award First class .... 15.50 shall continue to apply the provisions of Award Second class .... 7.60 No. 17 of 1955. Third class .... 5.50 (2) Until further order all employers engaged Motor cycle mechanic .... 14.00 in iron ore mining shall pay the appropriate wage Motor mechanic .... 15.50 rates prescribed in the First Schedule to this award, Motor vehicle assembler ...... 4.40 but in lieu of the other provisions of this award Patternmaker .... 20.25 shall, subject to the provisions of subclause (1) of Process worker .... 3.35 this clause, apply the conditions set forth in the Scale adjuster— log of claims forwarded to the applicant unions Full license .... 15.50 on 14th June, 1966. Sectional license .... 5.80 Scientific instrument maker .... 18.50 32.—Grievances and Disputes. Toolmaker .... 18.50 (1) To facilitate the remedying of any grievance Tool setter .... 7.60 or the settlement of any dispute on construction Tradesman .... 15.50 work the following procedure shall apply, namely— Viewer .... 5.50 Electrical Section— (a) The job steward on the site may discuss Automotive electrical fitter ... 15.50 with the foreman any grievance affect- Battery attendant ... 4.00 ing the workers he represents and, if the Battery fitter .... 15.50 matter is not satisfactorily resolved, he Coil winder (as hereinafter de- may discuss the matter with the industrial fined) officer or other officer nominated by the First class employer to deal with such matters on the Second class site. Electrical fitter and/or armature (b) If the matter is not resolved by the fore- winder going discussions the job steward shall Electrical fitter's assistant notify the secretary of his union and shall Electrical installer thenceforth leave the conduct of negotia- Electrical installer's assistant .... tions in the hands of the union. Electrician in charge of an electric (c) Where a matter has been referred to the supply undertaking union by the job steward the union shall Linesman— promptly take all steps necessary under Grade 1—i.e. with not less than its rules and under the Industrial Arbitra- three years' experience as a tion Act for the resolution of the matter. linesman Grade 2—i.e. with less than (2) A job steward shall not leave his place of three years' experience as a work to investigate any matter or to discuss any linesman matter with the employer's representative unless Motor attendant on each occasion he first obtains permission to Process worker do so from his foreman or supervisor or unless, in Switchboard attendant the absence of both the foreman and supervisor, Transformer assembler (as here- he first notifies the leading hand. inafter defined) WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

Margin per week over basic wage: $ (h) Wrought Pipe Section— $ Faucet maker in charge of furnace 6.95 (c) Electroplating Section— Machine operator in charge of Electroplater— machine 5.80 First class .... 15.50 Man assisting furnace faucet maker 4.40 Second class 7.60 Man on tar dip and sand rolling 4.40 Polisher 6.10 Pipe assembler 3.70 Wet Process worker 4.40 Pipe builder 5.80 (d) Boilermaking and Ship Construc- Pipe rounder 3.70 tion Section— Pipe tester 3.70 (i) Smith Section— Boilersmith and/or angle iron Blacksmith 15.50 smith 17.00 Blacksmith's striker 3.75 Driller using portable machines .... 14.00 Coppersmith— Driller using stationary machines 4.00 (i) Adult on wash coppers and Plater setter and frame bender .... 16.50 side boilers for stoves (hand and machine) 4.40 Tradesman 15.50 (ii) Other 15.50 Tradesman, the greater part of Forge furnaceman 14.00 whose time is occupied in mark- Hammer driver 4.40 ing off and/or template making 17.50 (j) Iron Working and General Section— (e) Steel Construction Section (in- Assistant furnaceman 3.75 cluding nut, bolt and spike Attendant at small rivet heating making)— or bolt heating or similar type Machinist— of fires 4.40 First class 6.10 Bender of iron and steel frames Second class 4.00 used for reinforcing concrete .... 4.40 Belt repairer 3.70 Tradesman 15.50 Block and tackle gear—man en- Tradesman, the greater part of gaged erecting 4.40 whose time is occupied in mark- Boiler (inside) cleaner and chipper 5.80 ing off and/or template making 17.50 Cold saw operator 4.40 (f) Welding Section— Crane attendant—rheostatic over- head crane 4.40 Welder- Dogman 4.40 First class 15.50 Dresser, fettler and grinder .... 4.40 Second class 5.50 Dresser, fettler and grinder when Third class 4.75 using portable machine 5.05 Fourth class 4.00 Emery wheel attendant 4.40 Friction saw operator 3.70 (g) Foundry Section- Furnaceman 5.80 Annealing stove attendant .... 4.40 Grinding machine operator .... 4.40 Assistant furnaceman 3.75 Grinder using portable machine on Core stove or oven attendant .... 4.40 construction work 4.40 Dresser, fettler and grinder ... 4.40 Lagger— First six months' experience .... 3.00 Dresser, fettler and grinder using Second and third six months' ex- portable machine 5.05 perience 4.60 Emery wheel attendant 4.40 Fourth and fifth six months' ex- Furnaceman— perience 5.80 Cupola 6.95 Thereafter 7.60 Electric .... 6.55 Overhead oiler 3.70 Other 5.80 Painter of ironwork other than coach painter and ship painter— Jobbing coremaker ...... 15.50 (i) using brush 3.70 Jobbing moulder 15.50 (ii) using spray 4.00 Plate or machine moulder and/or Rigger and splicer on ships and coremaker— buildings— First six months' experience 3.75 (i) who is the license holder for Second six months' experience 4.75 the purposes of the Inspec- Third six months' experience 5.80 tion of Scaffolding Act .... 11.50 Thereafter 7.60 (ii) who holds a license under ("Experience" includes ex- the said Act or who the fore- perience as a moulder or core- man and the license holder under (i) agree is fully ex- maker whether jobbing or perienced as a rigger .... 9.30 machine and whether as a (iii) Other 7.30 junior or an adult.) Rigger and splicer other than on Shot blast and sand blast ships and buildings 4.40 dresser— Shot blast and sand blast dresser— (i) Who is not protected from (i) who is not protected from flying shot and sand by a flying shot and sand by a properly enclosed cabin .... 7.30 properly enclosed cabin .... 7.30 (ii) Who is so protected .... 3.75 (ii) who is so protected .... 3.75 Tapper out 4.40 Tool and material storeman .... 3.75 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 759

(k) Tradesman's Assistant Section— $ (ii) four dollars and thirty-five cents if he is Boilermaker's assistant 3.75 engaged on work described in paragraph Fitter's assistant 3.75 (c) of that definition. Moulder's assistant 3.75 (iii) two dollars and seventy-five cents if he Structural steel tradesman's is engaged on the construction of a multi- assistant 3.75 storey building unless subparagraph (ii) Tradesman's assistant who from of this paragraph applies. time to time is required to do (iv) two dollars and twenty-five cents on work rigging work (other than as. an falling within paragraph (d) of the definit- assistant rigger) or who uses a ion of "construction work". grinding machine 4.40 (b) Any dispute as to which of the aforesaid (1) Labourer Nil allowances applies to particular work shall be deter- (3) (a) Leading Hand: In addition to the mined by the Board of Reference. appropriate margin prescribed in (c) An allowance paid under this subclause in- subclause (2) of this clause a lead- cludes any allowance otherwise payable under clause ing hand shall be paid— 19 of this award, except the allowance for work at (i) if placed in charge of not less heights. than three and not more than (8) A casual worker shall be paid 15 per cent, 10 other workers 2.20 of the ordinary rate in addition to the ordinary rate (ii) if placed in charge of more than for the calling in which he is employed. 10 and not more than 20 other (9) (a) For the purposes of subclause (2) of this workers 4.35 clause— (iii) if placed in charge of more than "coil winder—first class" means a coil winder 20 other workers 6.45 employed by Westralian Transformers Pty (b) Any tradesman moulder employed Ltd who has been employed for three years in a foundry where no other job- as a second class coil winder and who is bing moulder is employed shall be competent to wind all categories of coils paid at the rate prescribed for commonly manufactured by the transform- leading hands in charge of not less er industry. than three and not more than "coil winder—second class" means a worker 10 other workers. employed by Westralian Transformers Pty (4) Apprentices (per cent, of basic wage Ltd who under the direction of a section per week): supervisor winds coils of any size or cate- Five-year term— % fory commonly manufactured by the trans- First year 35 former industry. Second year 50 "transformer assembler" means a worker em- Third year 68 ployed by Westralian Transformers Pty Ltd Fourth year 90 who— Fifth year 100 (i) is qualified to assemble proficiently plus from drawings any transformer up $3.82 to 500 kva; and Four-year term— (ii) was, prior to becoming so qualified, First year 38 classified as a process worker and Second year 68 employed for a period of not less Third year 90 than two years for not less than Fourth year 100 50 per cent, of his time on the plus work described in (i) and for not $3.82 more than 50 per cent, of his time Three-year term— assisting in the assembly of trans- First year 55 formers larger than 500 kva. Second year 90 Third year 100 SECOND SCHEDULE. plus Awards and Industrial Agreements Replaced. $3.82 (5) Junior Workers—Male (per cent, of (1) Awards: basic wage per week): % Number; Description; Extent Replaced. Under 16 years of age 25 1/1954—S.W. Land Division; Wholly. Between 16 and 17 years of age .... 35 19/1962—Alumina Refinery Construction; Between 17 and 18 years of age .... 45 Wholly, insofar as it applies to metal Between 18 and 19 years of age .... 60 trades workers. Between 19 and 20 years of age .... 75 10/1963—Apprentices—Alumina Refinery Con- Between 20 and 21 years of age .... 90 struction; Wholly, insofar as it (6) Junoir Workers—Female (per cent, of applies to metal trades apprentices. basic wage per week): 4/1963—Lagging—Alumina Refinery Con- Under 17 years of age 35 struction; Wholly. Between 17 and 18 years of age .... 45 12/1963—Industrial Construction—S.W. Land Between 18 and 19 years of age .... 60 Division; Wholly, insofar as it ap- Between 19 and 20 years of age .... 75 plies to metal trades workers. Between 20 and 21 years of age .... 90 26/1950—Northern and Eastern; Wholly. (7) (a) In addition to the appropriate rates of 26/1962—Oil Refinery Extensions Construc- pay prescribed in this clause a v/orker shall be tion; Wholly, insofar as it applies to paid— metal trades workers. (i) five dollars per week if he is engaged on 28/1960—Ord River; Wholly. work described in pargraphs (a) or (b) of 216/1962—Board charges—Ord River; Wholly. the definition of "construction work". 15/1954—Timber Industry; Wholly. 760 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

(2) Industrial Agreements: Clarke & Southwell, 507 Murray Street, West Number; Description; Extent Replaced. Perth. 5/1958—Electrical Trades—Dumbleyung Road Felton, W. N., 120 Railway Crescent, Welshpool. Board; Wholly. Hislop Bros., 198 South Terrace, Fremantle. 16/1964 and 8/1965—Apprentices—Laporte Liddelow, R. A., Albany Highway, Cannington. Titanium; Wholly, insofar as they Mclntosh, P. C., 7 Palmerston Street, Bassen- apply to metal trades apprentices. dean. 2/1953—Linesmen—Geraldton Municipal Townsend, E., Earl Street, Narrogin. Council; Wholly. Turner, E. J., Ensign Street, Narrogin. 5/1965—Apprentices—H. B. Brady & Co.; Boat Builders and Repairers: Wholly. Carnaby, E. W., 12 Riversdale Road, Rivervale. (3) A reference to any award or industrial agree- Southern Cross Slipways Pty. Ltd., 1 Corkhill ment in this schedule includes a reference to Street, North Fremantle. all amendments or variations of any such Boilermakers: award or industrial agreement. Baguley, F. & Co., 12 Napier Street, North Fremantle. Hart, S. W. & Co. Pty. Ltd., 105 Fitzgerald THIRD SCHEDULE. Street, Perth. List of Respondents. McLarty, James & Son, 41-43 DeLisle Street, North Fremantle. Abattoirs: Tomlinson Steel Limited, Planet Street Carlisle. Anchorage Butchers Pty. Ltd., 188 St. George's Townrow's Engineering Works, Norseman Terrace, Perth. Road, Esperance. Abrasive Manufacturers: Brass Finishers: Mitchells' Abrasives Pty. Ltd., 12 Howard Bushell, Charles && Co., King Edward Road, Street, Perth. Osborne Park. Accounting Machine Distributors: Chernco Products, 504 Great Eastern Highway, National Cash Register Coy. Pty. Ltd., The, 641 Redcliife. Wellington Street, Perth. Goerke, Paul, 7 Greenway Street, Perth. Acoustic Material Manufacturers: Henderson & Gribble, Howe Street, Osborne Australian Fibre Glass Pty. Ltd. 91 Kensington Park. Street, East Perth. Keaughran, R. M. & Co., 386 Murray Street, Bradford Insulation (W.A.) Ltd., 13 Elizabeth Perth. Street, North Fremantle. Westralian Engineering Works, 4 Roy Street, Colonial Sugar Refinery Co. Ltd., 18 William Welshpool. Street. Aerated Water and Cordial Manufacturers: Brass and Non-ferrous Founders: Coca Cola Bottlers (Perth) Pty. Ltd., 643 New- Henderson & Gribble, Howe Street, Osborne castle Street, Leederville. Park. Golden Mile Aerated Water Co. Ltd., 30 Water- Stirling Brass Founders Pty. Ltd., & Regal ford Road, Inglewood. Cement Manufacturers, 22-32 Sussex Golden West Aerated Water Co. Ltd., 197 Can- Street, Maylands. Street, Leederville. Saunders & Stuart Ltd., 3 South Street, Fre- Air Conditioning Installations: mantle. Hart, S. W. & Co. Pty. Ltd., 105 Fitzgerald Scandia Foundry Pty. Ltd., 3 Elizabeth Street, Strset 3?6i'tlh North Fremantle. Lyons, J. & C. & Co., 122 Charles Street, Perth. S.S. Engineering & Foundry Pty Ltd., Good- Aluminium Fabricators: wood Parade, Rivervale. Brisbane, H. L. &; Wunderlich Ltd., Lord Street, Breweries: Perth. Swan Brewery Company Limited, 98 Mounts Aluminium Manufacturers: Bay Road, Perth. Comalco Aluminium (Western Australia) Lim- The Emu Brewery Limited, 98 Mounts Bay ited, 275 Alexander Road, Belmont. Road, Perth. Asbestos Cement Manufacturers: Union Malters Limited, 33 Stuart Street, Perth. James Hardie & Coy. Ltd.; Welshpool. The Kalgoorlie Brewery Company Limited, Ball and Roller Bearing Specialists: Brookman Street, Kalgoorlie. Manners, W. G. & Co., cnr. Maritana and Brick Manufacturers: Brookman Streets, Kalgoorlie. Besser Vibrapac Masonry (W.A.) Ltd., Bickley Battery Manufacturers: Road, Cannington. Holland Battery, 1211 Albany Highway, Bentley. Calsil Ltd., Scarborough Beach Road, Osborne Industrial Storage Batteries Pty. Ltd., Fran- Park. cisco Street, Belmont. Metropolitan Brick Co. Pty. Ltd., 256 St. Vesta Battery Company Ltd., 3 Citron Street, George's Terrace, Perth. West Perth. Hawker-Siddeley Buildings Supplies Pty Ltd., Biscuit Manufacturers: 306-308 Murray Street. Mills & Ware Biscuits Pty. Ltd., South Terrace, Building Contractors: Fremantle. Brine, A. T. & Sons Pty. Ltd., 22 St. George's Blacksmiths and Farriers: Terrace, Perth. Baldock's Spring Works Pty. Ltd., 169 Aberdeen Concrete Industries (W.A.) Pty. Ltd., 333 Street, Perth. Epsom Avenue, Belmont. Betts, I. S., 71 Great Eastern Highway, Bel- Bulldozing Contractors: levue. S. & M. Caratti, Ormond Road, Mt. Barker. Boag, L. G., Meuse Street, Cannington. Butter Factories: Carse, E. W. & Co., corner Bunning and Garden Peters Creameries (W.A) Pty. Ltd., Ommaney Streets, West Perth. Road, Brunswick Junction. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 761

Sunny West Co-op Dairies Ltd., Duke Street, Commercial Enterprises Pty. Ltd., Beechboro Albany. Road, Bayswater. Watson's Foods Pty. Ltd., Mt. Barker. Grant's Diecasting, corner Orrong Road and Canners and Food Processers: Riversdale Street, Rivervale. Plaistowe & Co. Ltd., 155 Havelock Street, West Perth. Diemakers: Golden Gleam Fish Processing Co. Pty. Ltd., Anderson, L. A., 12 London Court, Perth. Augustus Street, Gerald ton. Bennett, E. J., 64 East Street, Maylands. Tropical Traders & Peterson Ltd., 16 Evans Cumpston's Engraving Works Pty. Ltd., 11 Street, Geraldton. Harrowgate Street, Leederville. Cement Manufacturers: Lusterite Plastic Products Pty. Ltd., 193 Cockburn Cement Pty. Limited, Manufacturers' Abernethy Road, Belmont. Building, 212-220 Adelaide Terrace, Perth. Press and Die Company, 12 Howe Street, Swan Portland Cement Ltd., Portland House, Osborne Park. Rivervale. Die Sinkers: Cheese Factories.: Crump & Cornish, Cumpston's Engraving Peters Creameries (W.A.) Pty. Ltd., Ommaney Works Pty. Ltd., Gordon Street, Osborne Road, Brunswick Junction. Park. Chemical and Fertiliser Manufacturers: Wilson's Engraving Works, 3 Queens Place, C.S.B.P. & Farmers Ltd., Royal Insurance William Street, Perth. Building, 133 St. George's Terrace, Perth. Diesel Engine Manufacturers: Albany Superphosphate Co. Pty. Ltd., Han- English Electric Company of Australia Pty. rahan Road, Albany. Cold Storage: Ltd., The, 626 Newcastle Street, Leederville. Arctic Cold Storage Ltd., 15 Coogee Street, Mt. Drum Manufacturers: Hawthorn. Rheem (Australia) Pty. Ltd., 144 Carrington Fremantle Cold Storage Co. Pty. Ltd., 42 Beach Street, Fremantle. Street, and 34 Queen Victoria Street, Fre- Drum Reconditioning Services: mantle. Re-Nu Drum Services, Cockburn Road, South Richmond Cold Store Pty. Ltd., 2 Suffolk Fremantle. Street, Fremantle. Melbourne Cask & Drum Co. (W.A.), Confectionery Manufacturers: McCabe Street, North Fremantle. Plaistowe & Co. Ltd., 155 Havelock Street, West Perth. Earth Moving Contractors: Brookers (Aust.) Ltd. (inc. in S.A.), Railway Bell Bros. Pty. Ltd., 136-138 Great Eastern Parade East Cannington. Highway, South Guildford. Capri Candy Co., 29 River road, Bayswater. Caruso, V. & Co., 38 King Road, Bunbury. Food Products of Australia Pty. Ltd., 48 Rail- List, F. & Sons Pty. Ltd., 91 Central Avenue, way Crescent, Weshpool. Maylands. Gibsons Confectionery Pty. Ltd., 69 Eton Perron Bros. Pty. Ltd., 228 Great Eastern Street, North Perth. Highway, Rivervale. Sadlier, W. C., 2 Bruce Street, Leederville. Earth Moving Equipment Distributors: Coppersmiths: Agricultural Parts Supply Co. Ltd., Railway Bolton, & Milner, Lot 116, Guthrie Street, Parade, Bassendean. Osborne Park. Moore Road Machinery (W.A.) Pty. Ltd., 80 Boltons Pty. Ltd., corner Sutherland and Stone Great Eastern Highway, South Guildford. Streets, West Perth. Wesfarmers Tutt-Bryant Pty. Ltd., Railway Cotton Ginners: Avenue, Bassendean. Ord River District Co-operative Pty. Ltd., Perron & Sons Pty. Ltd., 47 Welshpool Road, Kununurra. Welshpool. Crown Seal Manufacturers: Electric Motor Manufacturers and Repairers: Australian Seal Co. Pty. Ltd., The, 9 Keegan Australian Electric Co. Ltd., 118 Bennett Street, O'Connor. Street, East Perth. Cycle Manufacturers and Repairers: English Electric Company of Aust. Pty. Ltd., Brickhill Cycle Industries, Pritchard Street, The, 626 Newcastle Street, Leederville. O'Connor. Gerald's Electrical & Mechanical Engineering, Flash Cycles, 193 James Street, Guildford. 177A Murray Street, Perth. Lucas, W. J. Ltd., 36 Milligan Street, and Westate Electrical Industries Ltd., 4 Ber- Branches. mondsey Street, Leederville. Speedlite Cycles, 177 Guildford Road, Maylands. Electrical Contractors: Swanseas, 9 William Street, Fremantle and A. C. Electrical Engineering Pty. Ltd., Faulk- Branches. ner Avenue, Belmont. Dairies and Milk Vendors: Allen, P. R. Pty. Ltd., 908 Beaufort Street, Brownes Dairy Ltd., 299 Charles Street, North Ingle wood. Perth. Caston & Caston, 97 James Street, Perth. Masters Dairy Limited, Radium Street, Welsh- Central Electric Co., 205 Central Avenue, pool. Inglewood. Sunny West Co-operative Dairies Ltd. (Trading Hine, C. A. & Co. Pty. Ltd., 634-636 Murray as Sunny West Milk), 188 Solomon Street, Street, West Perth. Fremantle. Johnson, Joe & Sons, 340 Charles Street, Die-casters i North Perth. Bellscreen Pty. Ltd., 63 Brown Street, East Lamond, W. N., 57 Strickland Street, Mt. Perth. Claremont. Bouchers Industries Ltd., Scarborough Beach O'Mara, W. G. & Co., 4 Great Eastern High- Road, Osborne Park. way, Rivervale. 762 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

Strickfuss Pty. Ltd., 390-392 Murray Street, Ledger, J. & E. Pty. Ltd., 231-247 Pier Street, Perth. Perth. Underwood, M. J., 3 & 11 King William Street, Stanton Pipes of Australia Pty. Ltd., Rocking- Bayswater. ham Road, Kwinana. Capital Auto Electrical Service Pty. Ltd., 36 Nolex Engineering Co. Ltd., cnr. Plain and Lockyer Avenue, Albany. Royal Streets, East Perth. Roberts J. A. & Son, Stirling Terrace, Albany. Eilbeck, T. & Son Pty. Ltd., 2-18 John Street, Lange, R. A., Derby. Perth. Noyes Bros. Pty. Limited, 657 Murray Street, Electricity Suppliers: Perth. Kent, L. H., Derby. Welded Products, Hood Street, Wembley. Town of Geraldton, Cathedral Avenue, Ger- Thomas Bros., 15 Treasure Road, Cannington. aldton. Tomlinson Steel Limited, Planet Street, Car- Electroplaters and Anodisers: lisle. City Plating Company, Welshpool Road, Vickers Hoskins Pty. Ltd., Railway Parade, Welshpool. Bassendean. Premier Plating Company, John Street, Forwood Down (W.A.) Pty. Ltd., John Street, Welshpool. Bentley. Dimet (W.A.) Pty. Ltd., Welshpool Road, Ferguson's Engineering Works, Stirling Ter- Welshpool. race, Albany. Industrial Plating Pty. Ltd., Douglas Street, Bylund's Engineering Works, 56 Stead Road, West Perth. Albany. Dunn Bros., 184 Pier Street, Perth. Gray, E. M., rear 226 Albany Highway, Albany. Anodisers (W.A.), 58 Belmont Avenue, Bel- McMillan's Derby Engineering, Derby. mont. Askew, T. & Son, 109 Eleanor Street, Gerald- Kalgoorlie Chrome Platers, 6 Federal Road, ton. Kalgoorlie. Geraldton Building Co. Pty. Ltd., Ocean Street, Engineers—Agricultural: Geraldton. Wallace Engineering Co., Albany. Geraldton Foundry & Engineering Works, Urch Street, Geraldton. Engineers—Automotive: Wiltshire Bros., Fitzgerald Street, Geraldton. Dowsetts Automotive Engineering Works, 22 Engineering Services Pty. Ltd., 376-388 Hannan Stirling Terrace, Albany. Street, Kalgoorlie. Middleton Beach Garage, Marine Terrace, Mid- Wake, E. F., 44 Boulder Road, Kalgoorlie. dleton Beach, Albany. Facer, K., Meekatharra. Taylor P. E. & T., 332 Albany Highway, Albany. Engineers—Insulation: Esperance Garage Service Station, Esperance. Bells Asbestos & Engineering (Aust.) Ltd., 646 Kyle Motors, 19 Cassidy Street, Kalgoorlie. Murray Street, Perth. Superior Autos & Engineers Pty. Ltd., 29 Bradford Insulation (W.A.) Ltd., 13 Corkhill Boulder Road, Kalgoorlie. Street, North Fremantle. Hanley, J. R., Meekatharra. Olympic General Products (W.A.) Pty. Ltd., Engineers—Constructional: Scarborough Beach Road, Osborne Park. Tremain, A. & Sons, Hewlett Street, North Perth. Engineers—Marine: Christian! & Nielsen (Australia), 7 Malcolm Baguley, F. & Co., 12 Napier Street, North Fre- Street, West Perth. mantle. Holland, John, Constructions Pty. Ltd., 19 Fremantle Foundry & Engineering Co Pty. Ltd., Mount Street, West Perth. Beach Street, Fremantle. South Fremantle Engineering Works, 58 McLarty, James & Son, 41-43 De Lisle Street, Chester Street, South Fremantle. North Fremantle. Tubular Steel Structures (Ryan & Ryan), cnr. Saunders & Stuart Ltd., 3 South Street, Fre- Chamberlain and Peel Streets, O'Connor. mantle. Western Machinery Company Pty. Limited, 496 Austin & Son, 66 Brunswick Road, Albany. Murray Street, West Perth. Ferguson's Engineering Works, Stirling Ter- Forward Johns Pty. Ltd., Naval Base. race, Albany. International Combustion Australia Ltd., Wallace Engineering Co., Albany. Kwinana. Wiltshire Bros., Fitzgerald Street, Geraldton. World Services and Construction Pty. Ltd., Engineers—Refrigeration: Kwinana. Conway, R. & K., 32 Stirling Terrace, Albany. Constructors John Brown (W.A.) Pty. Ltd., 205 Cream, G. W., 144 Sandford Street, Geraldton. St. George's Terrace, Perth. Kean, P., 190 Durlacher Street, Geraldton. F.T.S. O'Donnell Griffin (W.A.) Pty. Ltd., 37 Engineers—Structural: Hargreave Street, Belmont. Saunders & Stuart Ltd., 3 South Street, Fre- Engineers—Diesel: mantle. MacNeil, W., 202 Albany Highway, Albany. The Structural Engineering Co. of W.A. Pty. Kent, L. H. & Co., Derby. Ltd., Railway Road, Welshpool. Adams, William & Co. Ltd., 22 MacDonald Melville Engineering Co., 31 Campbell Road, Street, Kalgoorlie. Albany. Wake, E. F., 44 Boulder Road, Kalgoorlie. Engravers: Engineers—General: Cumpston's Engraving Works Pty. Ltd., 11 Alma Engineering Pty. Ltd., Abernethy Road, Harrowgate Street, Leederville. Belmont. "Sheridans", 14 Florence Street, West Perth. Art Craft Steel Decorations, 14 Murray Road, Sun Industries Pty. Ltd., 38-44 Stone Street, Wattle Grove. West Perth. Baguley, F. & Co., 12 Napier Street, North Wilson's Engraving Works, 3 Queen's Place, Fremantle, William Street, Perth. 29 June, 1966,] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

Ice Cream Manufacturers and Distributors: Lake's Jewellers, 132 Marine Terrace, Gerald- Beach Ice Cream Pty. Ltd., 3 Balfour Street, ton. m Mill's Goldsmith's Hall, 110 Marine Terrace, Cottesloc. Geraldton. Dairy Queen, 160 Stirling Highway, Claremont. Peters Ice Cream (W.A.) Ltd., 110 Roe Street. Fertiliser Manufacturers: Mr. Whippy (Pth.) Pty. Ltd., 611 Murray Agricultural Products Co., 371 Hector Street, Street, Perth. Yokine. Ice Manufacturers: Albany Superphosphate Co. Pty. Ltd., Hanra- Diamond Ice & Cold Storage Coy. Pty. Ltd., han Road, Albany. 9 Main Street, Osborne Park. Apex Fertilisers, 113 Oxford Street, Leeder- Perth Ice Works. 619 Murray Street, West ville. „ Perth. David Gray & Co. Ltd., 10 Railway Parade, Hollywood Ice Works, 10 Gloster Street, West Perth. Subiaco. Fry, E. J., 113 Oxford Street, Leederville. Peters Western Cold Stores Pty. Ltd., 110 Roe Fibre Glass Manufactures: Street, West Perth. Plastics Ltd., 24 Salvado Road, Wembley. Ilmenite Treatment Plants: Australian Fibre Glass Pty. Ltd., 91 Kensing- Cable (1956) Ltd., Koombana Beach, Bunbury. ton Street, East Perth. Western Titanium N.L., Capel. Fibreglass Crafts, King Street, Bayswater. Westralian Oil Ltd., Capel. Midland Modelling Works Pty. Ltd., 265 Great Eastern Highway, Midland. Industrial Gas Manufacturers: Australian Liquid Air (W.A.) Pty. Ltd., 569 Fibrous Plaster Manufacturers: Wellington Street, Perth. H. B. Brady Co. Pty. Ltd., Railway Parade, C.I.G. (Western Australia) Pty. Ltd., Hay Bayswater. Street, Subiaco. Perth Modelling Works Pty. Ltd., Campbell Instrument makers and Repairers: Road, Albany. Brooking, J. R. Eades Pty. Ltd., 306 Whatley Flax Millers: Crescent, Maylands. Blackwood Flax Co-op Ltd., Boyup Brook. Tough Instrument Service Co., 993-995 Hay Street, West Perth. Flour Millers: Elliott-Automation (Pty.) Ltd., 660 Murray City Milling Pty. Limited, corner Fitzgerald Street, Perth. and James Streets. Peerless Roller Flour Mills Pty. Ltd., Guild- Henderson Instrument Co. Pty. Ltd., 1130 Hay ford and Geraldton. Street, West Perth. York Flour Milling Co. Ltd., The, corner Have- National Instrument Company Pty. Ltd., 414 lock and Dyer Streets, Perth. Murray Street. Local Government Authorities: Footwear Manufacturers: Bassendean Shire Council, Bassendean. Regina Footwear Pty. Ltd., 52 Edward Street, Albany Shire Council, Albany. Osborne Park. Perth Shire Council, Cedric Street, Osborne Forgers: Park. W.A. Forge Co. Ltd., 131 Salvado Road, Wem- Perth City Council, St. George's Terrace, Perth. bley. Machinery Manufacturers: Doncaster Hadfields Pty. Ltd., 179 St. George's Agricultural Parts Supply Co. Ltd., Railway Terrace, Perth. Parade, Bassendean. Foundries: Chamberlain Industries Pty. Ltd., Welshpool Bradford, Kendall Ltd. (inc. in N.S.W.), Island Road, Welshpool. Street, South Fremantle. Machinery Merchants: (See also Engineers' Equip- Fremantle Foundry & Engineering Co. Pty. ment and Material Distributors.) Ltd., Beach Street, Fremantle. Adams, William & Company Ltd., 432-6 Mur- Gaunt, C. W. & Sons, 40 Tower Street, Leeder- ray Street, Perth, and 148 Forrest Street, ville. Fremantle, and 22 MacDonald Street, Kal- Hadfields (W.A.) 1934 Ltd., Railway Parade, goorlie. Bassendean. Moss, George Pty. Ltd., 10-14 Woolwich Street, Ledger, J. & E. Pty. Ltd., 231-247 Pier Street, Leederville (and Kalgoorlie). Perth. Western Machinery Co. Pty. Ltd., 496 Murray Engineering Services Pty. Ltd., 376 Hannan Street, West Perth. Street, Kalgoorlie. Western Trading Company, 1523-1531 Albany Fruit Packers: Highway, Cannington. Paterson & Co. Ltd., Boyup Brook. Meat Exporters and Suppliers: Glass Manufacturers: Anchorage Butchers Pty. Ltd., 188 St. George's Australian Glass Manufacturing Co., 99 Kens- Terrace Pertli. ington Street, East Perth. Globe Meats Pty. Ltd., Metropolitan Markets, Australian Window Glass Pty. Ltd., 99 Kensing- West Perth. ton Street, East Perth. Johnston, W. O. & Sons., 380 Beaufort Street, Perth. Grain Handlers: Link Meats Pty. Ltd., 15 Coogee Street, Mt. Co-op Bulk Handling Ltd., 569 Wellington Hawthorn. Street. Meyer, R. E. & Co., 143 William Street, Perth. Hot Water Engineers: Borthwick, Thomas & Son (A/asia) Ltd., Deep- Nicholson, G. G. & Sons, Peel Terrace, Norse- water Jetty, Albany. man. Broome Freezing & Chilling Works, Broome. 764 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

Metal Polishers: Diesel Motors Pty. Ltd., Albany Highway, Hand Tool Co. W.A., 388 Hector Street, Yokine. Bentley. Howard Motor's, 27 William Street, Fremantle. Milk Treatment Plants: West End Motors Pty. Ltd., 1056 Hay Street, Brownes Dairy Ltd., 299 Charles Street, North West Perth. Perth. Winterbottom Motors Pty. Ltd., 199 St. City Milk Co. Pty. Ltd., Market Trust Buildings, George's Terrace, Perth. 804 Wellington Street, West Perth. Sydney Atkinson Motors Pty. Ltd., 20-40 Ter- Masters Dairy Ltd., Radium Street, Welshpool. race Drive, 115-119 Adelaide Terrace, East Peters Creameries (W.A.) Pty. Ltd., 110 Roe Perth, 903-907 Hay Street, Perth. Street, West Perth. Bignells Garage, Queen Street, Busselton. Sunny West Co-operative Dairies Ltd., Metro- Fennessy Motors Pty. Ltd., comer Bussell High- politan Markets, West Perth. way and West Street, Busselton. Sunny West Co-operative Dairies Ltd., Roy Carnarvon Motor Engineering Co., Foss Street, Street, Harvey. Carnarvon. Parker's Service Station, Robinson Street, Car- Mining—Iron Ore: narvon. Goldsworthy Mining Pty. Limited, 84 St. George's Terrace, Perth. Motor Tyre Dealers, Retreaders and Manufacturers: Hamersley Iron Pty. Limited, 127 Herdsman Carlisle Retreads Pty. Ltd., 108 Stirling Street, Parade, Wembley. Perth. Western Mining Corporation, 6 Sherwood Beam Service Station, 554 Wellington Street. Court, Perth. Beaurepaire Tyre Service Pty. Ltd., 581 Murray Street, West Perth and Branches. Monumental Masons and Sculptors: Hardie Rubber Co., Great Eastern Highway, Karrakatta Monumental Works, Railway Road, Guildford. Karrakatta. Perth Monumental works, Railway Road, Motor Vehicle Distributors: Karrakatta. M. S. Brooking Pty. Ltd., 853 Hay Street, Perth. Peters & Gillies, 405 Railway Road, Shenton Ford Motor Company (Australia) Pty. Ltd., Park. North Fremantle. Returned Soldiers Monumental Works, Rail- General Motors Holdings Ltd., Mosman Park. way Road, Karrakatta. Mortlock Bros. Ltd., 914 Hay Street, Perth. W.A. Marble & Granite Co., Scarborough Beach Sydney Atkinson Motors Ltd., 20 Terrace Drive, Road, Osborne Park. Perth. Winterbottom Motor Co. Ltd., 199 St. George's Motor Body Builders: Terrace, Perth. Bells Alloy Bodies Pty. Ltd., 136-133 Great Dorsett Motors Holdings Pty. Ltd., 22 Stephen Eastern Highway, South Guildford. Street, Bunbury. Boltons Pty. Ltd., Cnr. Sutherland and Stone Streets, West Perth. Nail Manufacturers: Bosich, M., 150 Lake Street, Perth. Eilbecks Wire Products, 2-20 John Street, West Howard Porter, Murphy Street, O'Connor, via Perth. Fremantle. W.A. Nails Pty. Ltd., corner Welshpool Road M.B.B. Pty. Ltd., Scarborough Beach Road, and Uranium Street, Welshpool. Mt. Hawthorn. Martin Nixon Pty. Ltd., 276 James Street, West Pattern Makers: Perth, and Howe Street, Osborne Park. Beissel, W., 133 Lord Street, Perth. Gaunt, C. W. & Sons, 40 Tower Street, Leeder- Motor Car and Truck Dealers—Used: ville. James Clay Motors Pty. Ltd., 85-87 Stirling McAlister, T. Pty. Ltd., 221 Havelock Street, Highway, Nedlands. West Perth. Merv. James Motors Pty. Ltd., 152 Adelaide Terrace, Perth. Plastic Manufacturers, Moulders and Extruders: Moulded Products (W.A.) Pty. Ltd., corner Motor Chassis Aligners: Scarborough Beach Road and Frobisher Chassis Aligners Pty. Ltd., 324 Charles Street, Street, Osborne Park North Perth. Westralian Plastics Pty. Ltd., 71 Howe Street, Sawyers Engineers Pty. Ltd., Palmerston Osborne Park. Street, Bentley. Walcott Garage, comer Walcott and William Plastic Mould Manufacturers: Streets, Mt. Lawley. Forrestfield Industries Pty. Ltd., Hale Road, Motor Cycle Sales and Service: Forrestfleld. Bantock, J., 281 Great Eastern Highway, Mid- Fibreglass Crafts, King Street, Bayswater. land. Lusterite Plastic Products Pty. Ltd., 193 Aber- Bays Pty. Ltd., 843 Hay Street, Perth. nethy Road, Belmont. Bestry, Ernie, 26 Roe Street, West Perth. Pipe and Pipe-fittings—Cast Iron—Manufacturers: Bull, Les, Motor Cycles, 92 Canning Highway, East Fremantle and 29 Queen Victoria Metters Ltd. (inc. in S.A.), Salvado Road, Street, Fremantle. Wembley. Rogers, R. B.. River Road, Bayswater. Motor Garages & Service Stations: Attwood Motors Pty. Ltd., 22-32 Stirling- Pipe and Pipe-fittings—Concrete—Manufacturers: Street, Perth. Humes Ltd., Salvado Road, Wembley. Dependable Motors Pty. Ltd., 403 Newcastle "Fibrolite", James Hardie & Co. Pty. Ltd., Street, Perth. Welshpool. 765

Pipe and Pipe-fittings—Earthenware—Manufactur- Scrap Metal Merchants: ers: Krasnostein J. & Co. Pty. Ltd., Metal Hard- H. L. Brisbane & Wunderlich Ltd., Grandstand ware Merchants, 233 Bulwer Street, West Road, Belmont. Perth. Midalia & Benn Pty. Ltd., Metal & Masking Plumbers and Sheet Metal Workers: Merchants, Railway Yards, Hay Street, Hart, S. W. & Co. Pty. Ltd., 105 Fitzgerald Subiaco. Street, West Perth. Poole, R. Pty., 38 Fothergill Street, Fre- Sewing Machine Distributors: mantle. Singer Aust. Pty. Ltd., 789 Hay Street, Perth. Printers: Spring Makers: Barclay & Sharland Pty. Ltd., 50 Abernethy Baldoeks Spring Works Pty. Ltd., 169 Aber- Road, Belmont. deen Street, Perth. Mercantile Press, The, 8-10 Queen Street, Fre- Taxi Services: mantle. Black & White Taxis, Cnr. St. George's Mercury Press Pty. Ltd., Scarborough Beach Terrace and Irwin Street. Road, Osborne Park. Gold Tone Taxis Pty. Ltd. 432 William Street, Quarries: Perth. Railway Station Taxi Rank, Wellington Street, Australian Blue Metal Limited (a Division of Perth. the Readymix Group of W.A.), 1091 Albany Swan Taxis Co-op Ltd., Tricolour Taxis Pty. Highway, Bentley. Ltd. 1008 Wellington Street, Perth. Refrigerator—Manufacturers: Television Repairs and Service: Arcus Metal Products Pty. Ltd., 13 Roydhouse Anthony Michael Pty. Ltd. (est. 1945), 183 Street, Wembley. William Street, and 509 Wellington Street, Baker, A. J. & Sons, 211 Stirling Highway, Perth. Claremont. Refrigerator Repairers and Servicers: Tile—■Roofing—Manufacturers and Layers: Hawthorn-Coldstream Pty. Ltd., 92-94 Green H. L. Brisbane & Wunderlich Ltd., Hooper Street, Mt. Hawthorn. Street, Caversham. Kelvinator Australia Limited, Hehir Street, Bel- Tin Mines: mont. Austin Bros., Greenbushes. Retail and Wholesale Stores: Tractor Manufacturers: Boans Ltd., Wellington Street, Perth. Foy & Gibson (W.A.) Ltd., 765 Hay Street, Chamberlain Industries Pty. Ltd., Welshpool Perth. Road, Welshpool. Harris Scarfe & Sandovers ltd., 44 Belmont Transformer Manufacturers: Avenue, Belmont. English Electric Co. of Aust. Pty. Ltd., 626 Rope and Cordage and Twine Manufacturers: Newcastle Street, Leederville. Ericsson L. M. Pty. Ltd.—1Trimax Division, West Australian Rope <& Twine Co. Pty. Ltd., 30 James Street, Perth. Stirling Highway, Mosman Park. Radix Pty. Ltd., 103 Howe Street, Innaloo. Safe Manufacturers: Telcon Aust. Pty. Ltd., 3 Campbell Street, West Perth. Chubb, 328 Murray Street, Perth. Westralian Transformers Pty. Ltd., Scar- Makutz, B., 191 Campbell Street, Belmont. borough Beach Road, Osborne Park. Sawmillers: Typwriter Distributors and Servicers: Bunning Bros. Pty. Ltd., 49-61 Charles Street, Business Equipment (W.A.) Pty. Ltd., (inc.) West Perth. Typerwriter Service Co., 870 Hay Street, Perth. Hawker-Siddeley Building Supplies Pty. Limi- Edwards Business Machines Pty. Ltd., 107-109 ted, 306-308 Murray Street, Perth. Wellington Street. Millars' Timber & Trading Co., Ltd. (inc. in Imperial Typrewriter Sales (W.A.) Pty. Ltd., England), 115 St. George's Terrace, Perth. 108 Beaufort Street, Perth. Rivervale Sawmills Pty. Ltd., Goodwood Parade, Lamson Paragon (W.A.) Ltd., 37-45 Pier Rivervale. Street, Perth. Swan Timber Pty. Ltd., 367 Walter road, Bays- water. Tyre and Tube Manufacturers: The Olympic Tyre & Rubber Co. Pty. Ltd., Scales—Sales and Service: 581 Murray Street, West Perth. Berry, Henry & Co. (A/asia) Ltd., 625 Wel- lington Street. Washing Machine Manufacturers: Hamer & Co. Pty. Ltd., 10-12 Irwin Street, Email Ltd., Consumer Products Division, 128 Perth. Wittenoom Street, East Perth. Supreme Scale Service Pty. Ltd., 30 Francis Kirby, James N. Manufacturing Pty. Ltd., 94 street, Perth. Beechboro Road, Embleton. Australian Scale Co. Pty. Ltd., 374 Murray Lightburn & Co. Ltd., 396 Murray Street, Street, Perth. Perth. Avery, W: & T. (Aust.) Pty. Ltd., 374 Murray Street and corner Sewell and George Washing Machine Repairers and Servicers: Streets, East Fremantle. Email Ltd., Consumer Products Division, 128 Dayton Scale Exchange, 10 Irwin Street, Perth. Wittenoom Street, East Perth. Toledo Berkell Pty. Ltd., 319 Hay Street, Kelvinator Australia Ltd., Hehir Street, Subiaco. Belmont. 766 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

Lightburn & Co. Ltd., 396 Murray Street, Mr. T. Henley on behalf of The Western Aus- Perth. tralian Amalgamated Society of Carpenters and Mattinson, J. L. Pty. Ltd., 72 Plynn Street, Joiners' Industrial Union of Workers. Wembley. Mr. N. Hayter on behalf of The Builders' Welders: Labourers' Union of Workers of Western Australia. Boltons Pty. Ltd., Sutherland and Stone Streets, West Perth. Mr. P. W. Hughes on behalf of The Operative Bosich, M., 150 Lake Street, Perth. Stonemasons' Union of Workers of Western Aus- Bouchers Industries Ltd., Scarborough Beach tralia. Road, Osborne Park. Bradshaws Pty. Ltd., 97 Belmont Avenue, Mr. H. Fletcher on behalf of The Operative Belmont. Bricklayers and Stone Workers' Industrial Union Engineering Services Pty. Ltd., 376 Hannan of Workers, W.A. Street, Kalgoorlie. Holman, E. G., 235 Forrest Street, Kalgoorlie. Mr. A. Lee on behalf of The Operative Plasterers Keigh's Cnr. Carrington and Wilson Streets, and Plaster Workers' Federation of Australia, (In- Kalgoorlie. dustrial Union of Workers) Western Australian Marshall Motors, 283 Hannan Street, Kal- Branch. goorlie. Mr. J. White on behalf of The Operative Painters' Wake, E. F., 44 Boulder Road, Kalgoorlie. and Decorators' Union of Australia, West Austra- Turner, E.J., Ensign Street, Narrogin. lian Branch, Union of Workers. Window Frame Manufacturers: Mr. G. J. Martin on behalf of the employers. Supa-Furn Distributors, corner Scarborough Beach Road and Selby Street, Osborne Interim Decision. Park. The COMMISSIONER: This decision concerns four Stegbar Windowalls (W.A.) Pty. Ltd., 367 applications by the various Building Trades In- Walter Road, Bayswater. dustrial Unions of Workers (hereinafter called "the Art Metals, Mills Street, Cannington. unions") and another one by the Master Builders' Crewe & Sons Pty. Ltd., Cnr. Howe and Association Industrial Union of Employers, to O'Malley Streets, Osborne Park. amend the Building Trades' Award, No. 24 of 1958, Crittall Manufacturing Co. (Aust.) Pty. Ltd., which was issued on the 22nd December, 1960, by 97 William Street, Perth. the Court of Arbitration. Lores Agencies, 42 Sussex Street, Maylands. Ward, W. J. & D. J., 53 Robinson Avenue, Since 1960 the award has been amended on more Belmont. than twenty occasions and as the five applications, the subject of this decision, involve a substantial Wrought Iron Workers: number of the award provisions, the parties are Art Metals, Mills Street, Cannington. advised that a consolidation of the award should Cosmo Prod., 44 Morrison Road, Midland. be prepared prior to the speaking to the minutes. Floreat Iron Works, Stubbs Terrace, Shenton That consolidation should include the minutes of Park. the proposed amendment to be issued as a result Notley & Co., 14 Jones Street, O'Connor. of these proceedings and, at the same time, the King, K. G., King Road, South Bunbury. parties should make such alterations to the award as may be necessary following the 1963 amend- ments to the Industrial Arbitration Act and in order to reflect the present drafting procedures of the Commission. At the speaking to the minutes, AWARDS—Amendment of— the parties will also be given the opportunity of being heard on any matter arising from the con- BUILDING TRADES. solidation, as well as on the matters referred to Award No. 24 of 1958. in section 69 of the Act, insofar as that section BEFORE THE WESTERN AUSTRALIAN confers any rights as a result of what is now to INDUSTRIAL COMMISSION. be said in relation to the issues between the parties. The hearing of these applications commenced Nos. 22, 188, 198 and 522 of 1965. last year and before dealing with those issues it Between Building Trades' Association of Unions is desirable to set out details of the several appli- of Western Australia (Association of Workers), cations together with an outline of the period dur- and others, Applicants, and Master Builders' ing which the advocates presented detailed sub- Association of Western Australia (Union of missions and evidence to the Commission and to Employers) Perth, and others, Respondents. refer to the inspections which were held through- out the State. Application No. 22 of 1965 was filed No. 256 of 1965. in January, 1965, by the Building Trades' Associa- Between Master Builders' Association of Western tion of Workers and on the 3rd September, the Australia (Union of Employers) Perth, and Association sought a date of hearing for that claim. others, Applicants, and Building Trades, As- Applications Nod. 188 and 198 of 1965 were filed sociation of Unions of Western Australia (As- in June, 1965, by various unions with a date of sociation of Workers and others, Respondents. hearing for both applications being sought on the Before Mr. Commissioner D. E. Cort). 10th August, 1965. The remaining application by the unions, namely 522 of 1965, was filed on the The 18th day of May, 1966. 3rd September. Application No. 256 of 1965 was Mr. W. Willox on behalf of Building Trades' filed by the Master Builders' Association in July, Association of Unions of Western Australia (Asso- 1965, and a date of hearing for that application ciation of Workers) and The West Australian was requested on the 23rd August. On the 16th Plumbers' and Sheet Metal Workers' Industrial and 23rd August, the parties were notified that the Union of Workers. hearing of Applications Nod. 188 and 198 of 1965, 29 June, 1966.] WES1ERN AUSTRALIAN INDUSTRIAL GAZETTE. 767

would commence on the 7th September and sub- decision and the speaking to the minutes, and this sequently the remaining applications were listed period will be utilised by the Commission to con- for hearing on the same day. sider further the respective arguments of the At the hearing on the 7th September the unions parties on margins. Finally, it is felt that the requested, for good and cogent reasons, that the parties, and more particularly the unions in view proceedings be adjourned and then it was arranged of the time which has elapsed since submissions that the hearing would commence on the 11th on their behalf were put before the Commission, October following which sittings would be held on should be given the opportunity of presenting any four days of each week (Monday to Thursday, in- more material which may have become available. clusive) . The hearing commenced as arranged and, This may be done at the speaking to the minutes. except for adjournments agreed between the parties The specified term of Award No. 24 of 1958, has and those necessarily arranged to enable the Com- long expired therefore it is not necessary for an mission to deal with several urgent matters, the applicant to prove a change of circumstances as a hearing (including the inspections) continued in pre-requisite to obtaining an amendment to the all the following available weeks, being those in award (section 92 (6) ). However, in view of the which sittings of the Commission were scheduled, nature of several of the claims by both the unions until it reached a conclusion on the 22nd March, and the employers it is desirable to outline the 1966. It involved over forty days upon which argu- general principle which will be followed broadly in ment and evidence were presented and inspections dealing with the issues. This can best be achieved held and the transcript notes of proceedings ex- by referring to two decisions dealing with claims ceeded one thousand two hundred and fifty pages. to amend awards after the term thereof had The unions called fifteen witnesses in support of expired. In a State Electricity Commission's the matters contained in the four union applica- Caretakers' and Watchmen's matter it was said— tions and one in reply to the employers' applica- tion. One witness was introduced by the employers Whilst this is an application to amend an to support a counter-claim. award, the term of which has expired, a party, seeking to obtain an alteration to its provisions Inspections were carried out in and around the in respect of a clause which was determined Metropolitan Area of Perth and Fremantle and in by the appropriate industrial authority, must the country, including the North-West. The places inspected in the Metropolitan Area included joinery show a substantial reason why that earlier shops, buildings under construction, such as multi- decision should be reversed or altered. In this storeyed flats in Perth and East Perth, offices for respect the parties should note a decision of Government Departments in West Perth and the His Honour, Mr. Justice Nevile, reported in Superannuation Board in St. George's Terrace, Volume 41 W.A.I.G. p. 726. No material in Perth, and a shop in central Hay Street, Perth, addition to that referred to in the 1960 decision and industrial construction sites at Kwinana and has been submitted in these proceedings Naval Base. In the country, industrial construc- which should cause that 1960 decision to be tion sites were inspected at Koolyanobbing, North- altered ... (45 W.A.I.G. p. 133). West Cape, King Bay, Mount Tom Price and camps situated between the two last mentioned places. and in the 1961 decision referred to therein, Nevile, Other sites, generally concerned with silo construc- J. stated— tion and with work connected with the standard . . . the respondent argued that as, in form, gauge railway were inspected at Northam, Tammin this was an application to amend the award, and Merredin. In addition, the facilities for ap- the onus was on the applicant to show that prenticeship training at the Leederville Technical since the clauses to which amendments were School were viewed and discussed. sought were last considered by the Court, cir- The Commission has therefore been given a fairly cumstances had so changed as to create some comprehensive background against which to con- new anomalies or some new unjust and in- sider the various matters in dispute and the evid- equitable conditions not present at the time ence and the information gained during the in- the Court last considered these matters. That is certainly the principle followed by this Court spections has been of considerable assistance. How- and other industrial tribunals when a party to ever, it will be clear to the parties that a detailed an award seeks its amendment during the term reference to all of that evidence and information of the award. The reason for the rule is that would not be practicable in this decision. an award is meant to settle for the period I turn now to consider the issues in connection during which it is expressed to operate, the with those matters raised in the unions' applica- matters that were in dispute between the tions as amended during the hearing and then with parties and referred to the Court for settle- the claims initiated by the Master Builders' ment. Once, however, the term of the award Association in Application No. 256 of 1965 and by has expired, that reason no longer operates as counterclaim in the other applications. However, the parties are then free to make any claims this decision will be an interim one only and will they deem reasonable, but if, even after the deal with all matters other than the marginal rate term of an award has expired, the Court upon for tradesmen. This step has been taken for a an application to amend has fully considered number of reasons several of which are hereinafter and given a decision on a matter, the subject stated but not necessarily in any order of import- of the claimed amendment, that decision will, ance. Firstly, the parties are entitled to the in the absence of any changed circumstances, earliest possible decision on the matters in dispute have a strong persuasive effect in any future and the exclusion of a consideration of the application to the Court relating to the same marginal rate from this interim decision has matter. The weight of the persuasive effect enabled it to be given at an earlier date than to which I have referred must, however, be a otherwise would have been possible. Next, in view matter for the Court to determine in all the of the consolidation of the award a longer period circumstances of the case, this Court, not than usual will elapse between the date of this being bound by its previous decisions and if 768 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

three years, the maximum period fixed by the cents to eight dollars, should be replaced. The Act for the term of any award has elapsed present provisions were introduced into the award since the last full consideration by the Court, in March, 1965, and were as a result of an agree- I can see nothing to prevent a party from ment, at least in principle, between the parties and applying to the Court by way of an application could be said to be similar to the provisions in the to amend to reconsider the whole matter on its Federal Award (and in certain State awards). The merits. . . . From a practical point of view, earlier award provisions classified labourers in of course, if the union relied on identical sub- three groups on margins from one dollar and forty- missions and similar evidence to the submis- five cents to four dollars and twenty-five cents, sions and evidence which had previously been and in some respects the union now seeks to placed before the Court, it would seem to be incorporate some of the features of these replaced improbable that the Court would change its provisions in the award but with no alteration to decision unless the union could also show that the higher marginal rates agreed or prescribed by the operation of the award in the six years the Commission in 1965. In support of the claim since 1955 had demonstrated that the sub- Mr. Hayter submitted that his members were dis- missions or evidence previously rejected or only satisfied both with the existing definitions, because partly accepted by the Court had been proved the work of each labourer was not stated with in practice to have been more sound or of sufficient clarity, and with the marginal scale fixed greater weight than the Court had then in 1965 in relation to those definitions. thought. When a definition and a system of classifying This principle must be applied having regard workers, which has operated for many years, is to the background of each award provision and altered, it is to be expected that some initial prob- the views now held by the respective parties. For lems will arise whether real or imaginary, but, on example, in 1960, the Court decided that certain the information available to the Commission, the workers were to be paid both the lost time allow- claim to alter the provisions so recently agreed ance and the disabilities allowance but each of the between the parties will be refused. The defini- parties now desire that provision to be altered but tions (including that for leading hand) and the not to the same extent. The parties see "defici- classifications in clause 9, will be continued, for encies" in the present clause and this Commission subject to what is to follow, no anomaly or in- would be failing in its duty of settling a dispute justice has been established which needs to be between those parties if the matter were deter- remedied in the manner claimed by the union in mined, say, by refusing to alter the wording of the the particular application involved in these pro- existing clause. Furthermore, changes in prin- ceedings. Furthermore, this decision is supported ciples introduced since the award was made in 1960 by the continued operation of substantially similar or since the issuance of other decisions relevant definitions and classifications in the Federal award. to the consideration of a particular claim, make it Next, as previously stated, builders' labourers, necessary to consider each provision in the light prior to 1965, were divided into the three classes of any such changes and finally, the extensive for which margins were prescribed in clause 9, to nature of these applications has made it possible accord with the work specified in clause 3—Defini- to review the award in its broadest aspects and in tions—and therein, that work of builders' labourers some respects to a greater extent than was open to was stated with some particularity. The action of the Court of Arbitration in 1960. the parties in replacing those definitions with others To conclude the general comments on these taken from the Federal award appeared to over- matters it should be pointed out that throughout look two factors. Clause 4—Scope—of the Building the proceedings the parties, and in particular the Trades Award states that it shall apply to certain unions, drew attention to the provisions of the employers in respect of workers coming within the Building Trades Awards operating in other States. classifications set out in clause 9 and in relation Those awards, submitted in a file by the unions to such workers to all employers whose principal as exhibit 42, have been used by this Commission business consists of the performance in the main to the extent referred to in the remarks to follow, of one or more kinds of work set out in clause 3. and have been accepted as reflecting the present At the moment a number of specific classifications conditions of employment for workers in the are shown in clause 9 but there is no general defini- industry in each of the States. tion of the term "builder's labourer" nor of the Applications numbered 22, 188, 198 and 522 of work upon which members of the union may be 1965. engaged. Furthermore, although the Federal award 3.—Definitions. does not contain definitions similar to those claimed Substantial amendments to subclause (c) of this in these applications, clause 5—Bcope—of that clause were sought by the Builders' Labourers' award sets out in some detail the work of a labourer Union and include provisions detailing the work of a and it is relevant that the wording of the claim is labourer and the industry in which he is employed. taken from this Federal Scope clause. It is against The other unions of workers, party to the award, this background that the transcript notes of pro- raise no objection to any of the work referred to ceedings leading up to the 1965 amendment have being so classified, nor to the inclusion in the been perused and it cannot be seen that it was award of a definition of "builder's labourer" based, intended thereby to alter the duties of builder's as it was, on clause 5—Scope—of the Federal labourers or the work to be covered by the award. Builders' Labourers' Award (101 C.A.R. p. 336), In all of the circumstances a further definition will provided that certain work in cement was retained be included in clause 3 so that it will express the for plasterers and the 1965 agreement with the scope of the 1960 award. Such a course has been Carpenters' Union and the employers in respect of preferred to the adoption of wording from the Fed- form work was not disturbed. For convenience, the eral Scope clause (even if this were possible in prac- several matters raised by the union will be dealt tice) for otherwise the scope of the award as pre- with separately. scribed in 1960 may have been changed inadver- It is claimed that the existing definitions and tently and against the wishes of the parties or the classifications and margins fixed originally at otherwise without sufficient material to support amounts ranging from one dollar and forty-five such a change. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

The remaining matter, namely the rates to be Minimum Wage Payable to Carpenters Employed paid to leading hands will be discussed along with on Construction Work. claims for similar workers under the heading of clause 13. S.A. |N.S.W.! Qld. 9.—Wages. I Vic.* I S.A. Under this heading the unions claim increased margins and allowances and seek to introduce a S § s s s s Basic wage ;32.65 30.70 30.30 30.30 31.50 31.40 system of annual increments to workers not in re- Margin ill.20 10.60 11.20 11.20 11.20 15.30f ceipt of the disabilities (or industry) allowance. Tool allowance i 0.75 0.88 0.88 0.88 1.20 0.80 Allowance for lost ime, The dispute involving higher margins for builders' holidays and sick leave labourers has already been determined and what and follow the job .... 3.70 I 3.68 3.82 3.00 4.14 is to follow must be read in that context. Disabilities allowance .... 1.50 j 2.00 3.50 1.50 2.25 0.80 Additional loading In general, it was submitted that the tradesman's weekly "take home" pay should be increased, first, Total 49.86 53.51 49.70 47.54 50.29 48.30 to cause the wage rates in this State to be brought into line with those actually being paid in other Note: States. Next, to an amount sufficient to meet the * The terms of the agreement between ordinary living costs of a tradesman and finally Building Trades Unions and certain em- to compensate more properly a tradesman for the ployer organisations in Victoria and dated increasing value of his services to a prosperous in- the 26th June, 1964 (Unions' Exhibit 1.), dustry. The employers oppose any increase in have been incorporated herein to illus- either margins or allowances and resist the pay- trate the effect of that agreemeent on the ment of any amount by way of an incremental provisions of the Federal award but with- scale. It was contended on their behalf that each out necessarily implying that the rate is of the amounts now prescribed was reasonable for observeed as a minima by all employers in building workers to cover the factors proper to be that State. taken into account for the purposes of assessing t This figure may include an amount to those amounts and that no compensation should cover factors other than "skill". be granted to cover any factor for which provision The foregoing amounts need to be considered in has been (or will be) made in clause 9 or elsewhere the context of each of the awards concerned and throughout the award. having regard to the other conditions prescribed In this interim decision it is not intended to therein and for that reason the total wages are discuss all of the detailed submissions, or the not strictly comparable. For example, the allow- evidence presented in respect of the margin but ance of three dollars and fifty cents in the Federal a general comment is necessary in order that award covers work in multi-storeyed buildings and other sections of this decision may be better under- for comparative purposes the minimum rate for stood. A marginal rate is prescribed for the so such work under other awards is fifty dollars and called average worker within the particular clas- sification as an integral part of the award mini- eighty-seven cents in W.A., forty-eight dollars and mum wage. It is fixed as a measure of the true eight cents in South Australia, fifty-two dollars value of the work, which includes the skill in- and twenty-nine cents in New South Wales and volved in the performance of the work, its vari- forty-nine dollars and thirty cents in Queensland. ous normal features and the usual conditions under Each of the claims made in respect of tool allow- which it is performed. Work procedures and ance, lost time allowance, disabilities (or industry) changes therein, the techniques thereof and the allowance and an incremental scale will now be materials used both old and newly introduced are considered separately. matters to be taken into account in fixing that Tool Allowances. marginal rate at its proper worth at the time of fixation. It should be so done rather than by Each of the craft unions claim an increase in prescribing an additional loading whether known the tool allowance to be paid to tradesmen. as a special rate or other allowance which is pre- In 1960 the existing rates were fixed by agreement scribed to compensate a worker for the circum- between the parties in most cases and in others, stances experienced occasionally by some workers namely bricklayers and painters, by the Court of but not the average worker within the particular Arbitration. On behalf of the unions it was sub- classification. The margin and each allowance mitted generally that the price of tools had in- or rate in clause 9 —or elsewhere in the award is creased since 1960 and to such a degree that each fixed to cover particular matters (or factors) and of the allowances should be higher. Mention was the unions, in seeking wage increases at large, made of the amounts paid in certain other States have made it possible to consider the submissions but a perusal of all of the Eastern States awards relevant to each amount under its proper heading. indicates that the amounts so paid differ as In so considering those submissions each specific between those awards and that if the awards in factor will not be taken into account more than each States are compared, one with the other, there once or for other than its true purpose. is no common relationship between the allowances fixed for the various tradesmen. For example, car- For the purposes of this interim decision the penters on construction work are paid eighty-eight wage payable to carpenters in each State under cents in Victoria and South Australia under the the awards applicable in those States is set out Federal award, one dollar and twenty cents in New below. The table illustrates the weekly "take South Wales, eighty cents in Queensland and home" pay prescribed by those awards (except seventy-five cents in this State, whilst bricklayers where it is known that the award has been are paid fifty cents, fifty cents, forty cents, thirty amended) and also the differences in those rates cents and forty-five cents in each of the respective brought about by the approach of the industrial States mentioned. authority in each State or the attitude adopted The unions have shown by exhibit and evidence by the parties to each of the elements making up that the price of tools has increased and for that the total wage. reason the present allowances need to be reviewed, 770 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. but the precise measure of the increase m prices this clause except when he is required to and since 1960 is not easily ascertained. In Exhibit 7, does work on the site in connection with the the cost of carpenters' tools was shown to have in- erection or demolition of a building exceeding creased since 1955 and since 1963, but no figures two hundred and fifty square feet in floor area were available for 1960 when the present allowance or when he works on the repair, maintenance, was agreed between the parties. Therefore, the renovation or ornamentation of buildings or exhibit which does not contain information on the structures which are not directly concerned estimated life of each of the tools, purports to indi- with the activities of the establishment in cate that a proper allowance to be fixed would which or of the employer by whom he is em- be at a figure somewhat higher than eighty-five ployed. cents (including five cents insurance) but not as The unions claim that the allowance should be high as one dollar and five cents per week. Exhibit paid to "construction workers and workers em- 32 showed an increase in the price of tools since ployed for a period of less than nine months in 1960 but not to such an extent to support the any other establishment" whilst the employers claimed amount although it was suggested also that submit it should not be paid to workers usually an additional amount should be included to cover employed in or about the employer's business future price rises. premises. The provisions of the awards in force m other The present wording appeared for the first time States can provide a guide for fixing approximate in the 1960 award and the decision thereon stated rates but each should be considered against its own —"We have made the lost time allowance payable background. For instance, the tool allowances for in circumstances similiar to those in which it is carpenters and bricklayers in New South Wales were payable under the Victorian awards". A December fixed in 1964 by agreement and m December 1960 1959 amendment of the Victorian Carpenters' when in this State the parties agreed to the present Award reflected that wording but since then the figure of sevently-five cents for carpenters and the Victorian award has been altered to provide that Court fixed forty-five cents for bricklayers, the the allowance is payable on construction work, main parties to the New South Wales award agreed which does not include work defined in the award to tool allowances of ninety cents and thirty cents as maintenance work, joinery work or shop work. respectively. In addition, and as an example, the It should also be said that in the Victorian award different relationship between the allowances paid the industry (or disability) allowance is also paid to carpenters in joiners' shops and other carpenters should not be overlooked. Whilst a sixty-five cents on shop fitting work as well as on construction tool allowance is paid in this State to carpenters work but in these applications the unions make no in joiners' shops, the maximum rate under the specific distinction for shop fitting only and thereby Federal award, for instance, is fifty cents. This appear to envisage other instances where the in- factor is of some importance as it was evidenced dustry (or disability) allowance should be paid to that carpenters need to maintain a full kit of tools a worker not in receipt of the lost time allowance. in case they move between on site construction Mr. Henley submitted that a building trades work and shop work. The rates paid in other States worker usually employed in his employer's business also indicate that an increase in the carpenters' premises should continue to receive public holidays tool allowance in this State would be reasonable and sick leave (and therefore not be entitled^ to but not to an amount as high as one dollar and the allowance) when required to do work (including twenty cents per week. construction work) away from those premises. He Having regard in particular to the above matters, indicated that it was not visualised that a joiner a qualified estimate by a witness of the present employed in a workshop would be sent out as a cost of a basic carpenter's kit and the conditions "fixer", that is apparently on a permanent basis for under which the allowance is paid, an amount of Mr. Henley continued his submission by stating ninety-five cents (including five cents for insur- that such a joiner as a permanent employee was ance) will be prescribed for a carpenter. A similar entitled to holidays and sick leave and that "when percentage increase will be granted to other trades- he goes out on the site he would just get the dis- men for it may be assumed that all tools would ability allowance" (and not the one for lost time). have increased in price by approximately the same Therefore, it will be seen that the parties are in percentage but in so doing amounts have been virtual agreement that workers who are not basic- expressed to the nearest five cents. The other ally entitled to the lost time allowance should not submissions by particular unions for greater _ in- be paid that allowance for those odd occasions creases to be awarded are rejected as insufficient when employed on work upon which other workers or inconclusive material was made available to otherwise entitled to the allowance are engaged. the Commission upon which a firm conclusion could be reached. For example, Exhibit 18, dealing In addition, Mr. Henley submitted that a worker with glaziers, specified the cost of tools but not employed for a period of less than nine months in the estimated life of those tools and for that reason any establishment should not be regarded as a was of no assistance. "permanent" worker and for that reason should be paid the allowance. He contended that recently Lost Time Allowance. adopted practices in. joinery shops cause men to be The parties agree to the amount to be prescribed employed for very short periods and on a basis in the award for lost time or, to be more specific, similar to that upon which construction workers the method by which it is to be calculated but are are employed. However, it was not shown that in dispute as to the type of worker to whom the the nature of the employment available to workers allowance should be paid (or not paid). However, in and around the establishment of the employer each of the parties desires an alteration to the (whether or not a joinery works) was different relevant provision contained in the present award. from that available in past years, nor that in any That provision reads— event it was more desirable for men, covered by A worker usually employed in or about his different awards but working with each other either employer's business premises, shall not be in a joinery shop or in a "mixed industry", to be entitled to the lost time and disabilities allow- paid the different rates which would be created if ances prescribed by subclauses (d) and (e) of the claim was granted. In this respect such a 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE, 771 measure of permanent employment, and the ad- work and others "inside work" (and the comment ditional rate of wage connected with the principle made in this decision in relation to the tool al- involved, has not been applied generally to workers lowance is not to be taken as a rejection of these other than casuals employed in other industries submissions as it is not inconsistent therewith) it covered by awards of the Commission. Those appears that the 1962 Government Building Trades workers are entitled to be paid for holidays and decision refers to those workers preferring construt- sick leave and receive due notice of termination tion work and who would normally follow that of employment, but receive no lost time allowance. type of employment. Such workers would form the The period of employment of workers covered by majority of workers in the industry now under re- those awards may be of less than nine months in view and this no doubt explains the difference duration on occasions for instance, with a rise in wording between the two awards and to which and fall in business activity but no such principle a reference has already been made. Furthermore, if has been introduced and before I would do so, a this matter was one of major importance or was more compelling case would need to be presented. vital to "rectify any anomalies as compared with Mr. Henley also pointed out that a somewhat the normal type of employment" which is custom- similar provision was included in the Government arily followed, some evidence would, no doubt, have Building Trades Award and it is desirable to refer been forthcoming. In this respect the extent of the to that provision in order to consider whether it submissions do not reveal a "major difference" should be extended to workers covered by this between the parties and an onus is on the appli- award. That provision which was suggested in cants to establish the need for the provision in this principle in the Government case by the employing award. The mention of a provision contained in an- Departments appears to have been designed in the other award is not sufficient of itself to bring this main to cover the circumstances of employment about and particularly when the Commission may with the Government rather than employment in not have a complete knowledge of all relevant private industry. The prescription applies to all matters. In conclusion, in considering the appli- workers, whether on construction work or not, and, cation of the provision to private employers in the in that award, was an alternative method of dis- building industry and in the somewhat restricted tinguishing those workers who were to be paid circumstances concerned, and in amplification of the lost time allowance from other workers. The what has gone before, any anomalies which may private Building Trades' Award, which preceded flow from a rejection of the claim would appear to the Government award, used a different method be less serious than those which could be created which neither the parties to the Government award by the establishment of separate rates of pay nor the industrial authority considered appropriate based on different concepts within the award and to the circumstances of the particular employment an employer's business premises and. in premises and it is significant that the main principle under where, generally, workers other than those covered the Government award is for the lost time allow- by the Building Trades Award would also be em- ance not to be paid except in certain circumstances ployed. whereas under this award it is paid to all workers However, the award should give full expression other than those specifically excluded therefrom. to the distinction between those workers for whom In the Government Building Trades decision (42 the lost time allowance is prescribed and "inside W.A.I.G. p. 483) it was stated at page 485— workers" whose employment is generally more In this subclause it is provided that a work- permanent. For this purpose, clause 7—Contract er with less than nine months' continuous ser- of Service—will be amended to provide a weekly vice shall be paid the lost time etc. allowance. contract for inside workers, except those engaged The absence of a provision of this nature as casual workers. Workers in industry are gener- appears to me to have been the cause of the ally employed on a weekly contract of service and major difference between the parties. Trades- in addition by such an amendment the turnover men are at times required on a temporary of labour, referred to by Mr. Henley will no doubt basis and as they come from other employment be reduced. The attention of the parties is drawn to the wording of clause 7 in the minutes of the pro- where the lost time allowance is payable, a posed amendment and it is suggested that what- provision of this nature should rectify any ever wording is used to distinguish the two classes anomalies as compared with the normal type of workers, then it should be used throughout the of employment Which they customarily foflowT award for example, in clauses 24 and 26. (The underlining is mine.) It should be indicated that the wording shown and to remove any anomalies throughout the whole in the minutes is that used in the 1953 award and of the private building trades' industry the clause it has been preferred to that suggested by the would need to be inserted to cover all workers even parties for it is clearer and less ambiguous and from if employed on construction work. This would fol- the information made available to the Commission low because if a worker retrenched by his employer in relation to the inclusion of a Preference to before completing nine months' service is to be re- Unionists clause, it seems desirable to give par- garded as being "temporarily employed" for the ticular attention to section 83 of the Act and to purpose of the payment of the allowance, then express all of the award provisions in the clearest that principle would appear to apply equally to of terms. construction workers as it does, of course, under Disabilities Allowance. the Government Award. Such a principle would cause practical difficulties if it were adopted in Since 1963 the disabilities allowance has been this award but, in any event, as the parties still de- fixed at one dollar and fifty cents for workers to sire the allowance to be paid to an on site building whom the lost time allowance was also payable worker irrespective of whether he resigns his em- to compensate them for the construction conditi- ployment or the length of time involved therein, ons generally experienced in the ordinary course that agreed principle will be shown in the award. of the employment in the building" construction in- Having in mind other submissions raised in these dustry. In these proceedings the unions claim an proceedings which were directed towards establish- industry allowance of six dollars for "workers em- ing that basically some workers follow construction ployed on construction work" (that type of worker (5)—27357 772 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [20 June, 1966. must be regarded as being different from a "con- their conditions of employment with those of work- struction worker") and the employers consider ers in receipt, thereof. In the first place a consider- that the allowance should remain at one dollar and ation of the broad reasons for the allowance being fifty cents but for all workers in receipt of the prescribed indicates that for convenience, it should lost time allowance and other workers required be paid to all workers in receipt of the lost time to perform "construction work on site". allowance. These workers would be working gener- This allowance and the conditions for which it ally but not always at places, for instance, where was granted have been discussed in several decisi- the standard of amenities provided is not as good ons since it was first introduced as a separate and as the amenities available to shop or factory work- distinct amount in 1953. In that year the then ers and where most, if not all of the factors pre- President of the Court of Arbitration, dealt with viously mentioned, would be met but in varying a claim for an allowance for lost time, public circumstances and to differing degrees. On the holidays, sick pay and disabilities and remarked— other hand the allowance should not be paid to, say, ... it would also appear that there was some maintenance workers employed in "mixed indus- amount allowed for the disabilities of "on site" tries," or to joiners in shops whose conditions of workers compared to shop or mill workers. employment would be similar to those usually ex- ... I think the allowance should be increased perienced by shop or factory workers and to whom for "on site" workers by a fixed weekly amount no payment is made for those normal conditions of five shillings to provide for the disabilities except to the extent that some amount may be in- under which they work compared to the other cluded therefor in the prescribed margin. tradesmen employed in mills or shops . . . (Vol- This general conclusion may be said to reflect ume 33 W.A.I.G. 52 pp. 53 and 54.) the common attitude of the parties as expressed and the amount so prescribed (and the lost time in the issues and has been so stated in view of allowance) was not payable to workers usually the submissions and evidence presented on behalf employed in or about the employer's business of the Painters' Union. That material was advanced premises or when those workers were sent out to support a contention that the allowance should from the employer's premises to outside work. be paid to painters wherever employed it being- A perusal of the transcript notes of proceedings said that otherwise a painter employed on mainten- in that case, and later decisions in connection with ance work in a "mixed industry" and one employed the Building Trades Award and other awards re- by a painting contractor engaged to do work in ported, for instance, in Volumes 33, W.A.I.G. pp. that industry could be working alongside of each 357 and 532, 35 W.A.I.G. p. 715, 36 W.A.I.G. p. 334, other under similar conditions and yet be paid 40 W.A.I.G. p. 667, 41 W.A.I.G. p. 726 and 44 different rates. Furthermore, it was said that all W.A.I.G. pp. 191 and 244, give an indication of the painters suffered similar disabilities. For example, conditions of work and employment of building- work on scaffolds. In this later respect work on trades workers (other than those employed in or scaffolds is stated as being one of the reasons for about the employer's business premises) for which the allowance being paid in certain awards in other the allowance was prescribed. The conditions were- States and it is clearly a condition of work gener- those not experienced by a worker in a "mill or', ally experienced on building construction in this shop" and included the continual change in the • State. location of jobs (that is for inconvenience being a 1 In previous decisions, which are included in those matter not covered by the fares and travelling - set out earlier herein, some attempt has been clause) exposure to the heat in summer and the ; made to explain that individual jobs, and the cir- cold in winter, the lack of adequate toilet, change • cumstances under which work is performed there- room and lunch room facilities, the nature of build- ; on, cannot be compared in isolation for the purpose ing sites being rough, dirty and dusty or wet, the • of considering this allowance. It is fixed for the debris usually found on construction sites, the risk; "average" worker to cover the conditions generally of being struck by falling materials as well as other '• experienced on construction sites and in circum- conditions usually experienced on a construction I stances where those conditions have been compared site. The foregoing are not necessarily stated in with conditions. in shops or factories in the first order of importance but are set out to assist in de- instance. The remarks in those decisions will not termining the type of worker to whom the allow- be repeated but in view of the arguments and ance should be paid. evidence presented in these proceedings it is desir- The issues reveal little difference between the able to dispose of this question before considering parties on this matter in that the unions specify the issue specifically before the Commission. that the payment should be made "on construction When the Commission is persuaded to fix an work" to which the employers agree if that work allowance for disabilities experienced by certain is "on site". However, in the past, differing inter- workers, as distinct from, say, shopworkers, and it pretations have been placed upon the term "con- (or the parties by agreement) fix a clear line of struction" as used in the particular award the sub- demarcation which is capable of practical applica- ject of the difference of opinion. For instance, in tion, then any attempt to have the allowance 1956 an application for interpretation had to be applied beyond that line to, say, shop workers, taken to the W.A. Court of Arbitration and more must fail even if couched in terms of being neces- recently an interpretation of the term was sought sary to remove alleged anomalies. Where a worker, in connection with the Federal Builders Labourers' who is generally employed on "construction work" Award. and is therefore paid the disabilities allowance, is The Court dealt with this allowance in a 1961 required to work in, say, a "mixed industry" estab- Gold Mining case and remarked that the line of lishment, and in the vicinity of workers not entitled demarcation between those workers entitled to the to be paid the allowance, then, if any anomaly allowance and other workers had to be drawn some- exists, it can only be removed by withdrawing the where and in my view that line should be made as payment from the first-mentioned worker for the definite as possible and be prescribed in such a conditions of the other worker set the mean. In manner to limit, as far as possible, the number of such circumstances, and in most cases, the worker anomalies which may appear to be created when who is paid the allowance would have the use of workers, not in receipt of the allowance, compare adequate toilet facilities (the inadequacy of which 773 on construction sites caused considerable comment into this award with its broad coverage and varying in these proceedings) and he would not be exposed, types of respondents and neither do the parties, at least to the same extent as on an unprotected other than the Painters' Union, suggest it should building site, to those "construction conditions" be implemented, if it were so introduced such a for which the allowance is claimed and prescribed. system of a proportionate payment, when con- Therefore, in such a case, he is being compensated sidered alongside the basic agreement between the for disabilities which he is not actually suffering on parties as reflected in the issues, would mean that that job. However, it should be stated that a some of the workers concerned would lose a portion tradesman does not necessarily use all of his trade of the allowance otherwise payable. On the other skills on a particular job but he continues to be hand other workers not entitled at present to any paid the margin for it is fixed for the average payment could be entitled to receive a proportion tradesman exercising his skill and working under of the amount prescribed. Finally, such a system normal conditions. may not lessen the number of instances upon which apparent anomalies may arise, and, as the other If the foregoing situation needs to be remedied unions have not made a similar suggestion to that then one approach would be to prescribe several made by the Painters' Union, it is not proposed to allowances to cover a number of precisely stated grant relief or redress not sought in the specific conditions in the same manner as certain con- claims before the Commission. ditions are provided for in clause 14—Special Rates ilhe remaining question to be settled is whether and Provisions—but such a course is not desired by workers usually employed in or about the em- the parties and in fact the unions suggest that ployer's business premises should be paid the allow- some of the special rates now prescribed could be ance when employed on "construction work'' or deleted from the award with compensation for enly on "construction work on site," No matter how those conditions being incorporated into the this question is determined, workers in some cir- average allowance. Furthermore, if such a step cumstances will experience some of the factors were taken, then it would also have to be applied taken into account for the purpose of the allowance throughout ail of the trades covered by the award but, as previously stated, the line to be drawn must with the result that workers in any one trade would be 'capable of being applied in practice with a not necessarily receive the same total amount as minimum number of differences of opinion being workers in another trade (or in that same trade) created to segregate those workers who are more and so it would be likely that other disputes could likely to experience all (or most) of the conditions arise. If, for instance, the conditions set out in for which the allowance is prescribed. ^ X have the awards operating in other States, for which an concluded finally that the allowance?which will be allowance is payable, are considered, it will be seen called a construction allowance, for it is paid for that some of them would not apply to certain that type of work,»should be payable to-workers# building workers. Mr. White referred to those entitled to be paid the lost time allowance and to conditions and submitted that painters wherever workers msually employed in or about the _em- employed suffer "the disability of working on all ployer's business premises when sent out thereirom types of scaffolds" and suggested that therefore all to carry out construction work, fit is realised that painters should be paid the allowance. On this in some cases workers on construction _ _ work reasoning it could follow that because painters do (whether paid the lost time allowance or not) will not meet the "sloppy and muddy conditions be able to use amenities provided for "shop or mill associated with the initial stages of the erection workers'" or their equivalent or will not meet of a building" then the allowance should not be certain conditions for which the allowance is pre- paid to any painter. scribed and that, at times, other workers, not in receipt of the allowance, may experience some of One other aspect needs to be mentioned, in the factors taken into account for its fixation. several other awards (including awards applicable Subject to what has been said, this situation cannot in another State) a proportion of the allowance be avoided but it is considered that the line drawn is paid in certain circumstances. For instance, in is a convenient one for the purpose of the award? the goldmining industry, one half of the allowance This decision has been influenced to a substantial is paid because building workers able to use the extent by the emphasis placed by the applicants ordinary amenities supplied to mine workers ex- upon certain factors for which compensation was perience "construction" conditions on certain jobs sought by way of an "average" allowance. Further- and following a decision of the Commission, the more. it will enable a fair and proper amount to be Government Building Trades Award also prescribed prescribed for those workers actually experiencing that a portion only of the disabilities allowance the real disabilities involved and in an application should be paid in certain circumstances (45 where more than one ailoivance )s not claimed in W.A.I.G. p. 820). I would interpolate here to state the issues. that in that decision reference was made to the "basic differences in the employment conditions of It is now possible to determine the amount of workers employed on a temporary basis under the the construction allowance to be paid to the afore- private industry award from those employed stated building trades workers andv as already permanently under this award" which were found stated, the unions seek an amount of six dollars to exist in 1962 when the award was issued. The per week whilst the employers desire the existing amendment to the Government award extended allowance of one dollar and fifty cents to remain. the application of the allowance which was '5) of that award would cases certain special rates had been deleted from have to be viewed in the context of paragraph (a) the relevant award and he referred particularly to of that subelause. Furthermore, it appears that it an October 1964 decision of the New South Wales would be wrong to introduce the principle involved Industrial Commission (64 N.S.W.A.R. p. 560 at 774 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

p. 562) in which Taylor, J. referred to the con- continue using facilities which are no more than ditions in the industry and particularly to the temporary. The structures involved are not only standard of amenities when he granted an increase moved from site to site, particularly when little of fifty per cent, in the allowance of one dollar work is required thereon, but from place to place and fifty cents fixed by consent in that State in on the site as the job progresses, for instance, in 1960. In emphasising the remarks of Taylor, J., the narrow confines of city building sites. Fur- in relation to amenities, Mr. Henley outlined the thermore, at certain stages of construction, access type of facilities available to building trades to the facilities may be extremely difficult. In workers in this State and compared these facilities some cases this cannot be avoided, for example, on building construction projects with those made where toilets are so erected to enable a connec- available to other workers in factories and build- tion to be made with sewer lines and where more ings and particularly in those erected in more temporary and portable facilities in other places recent years. Reference was also made to the are prohibited by law. It is not intended to tra- increasing size of individual construction works, verse in detail the type of facilities available to for instance, large industrial projects and the building construction workers for, subject to what greater number of multi-storeyed buildings being is to follow, it is sufficient to say that the facili- erected, to illustrate that the building worker was ties seen on the inspections appear to be normal not employed in an industry involving small em- for the industry and must be taken into account ployers predominantly concerned with housing- for the purpose of determining the proper allow- construction. This was done to support a conten- ance to be paid. In the absence of specific com- tion that the disabilities experienced now on con- ment, and with the exception of a certain con- struction jobs are vastly different from those met struction site at Northam, the facilities inspected in the days when the work was mainly housing and have been regarded as being in compliance with to challenge a finding by Nevile, J., (43 W.A.I.G. the law of the State. Finally, it should be said P. 698) in which, at page 702, His Honour dis- that I accept Mr. Henley's submission that little tinguished metal trades workers employed on or no change has taken place for many years in industrial projects from building trades workers, the overall standard of amenities for broadly and awarded a disabilities allowance of four dollars speaking it cannot be imagined that the present per week to those metal trades workers. In that "standard" could represent an alteration of any decision His Honour also pointed out that the magnitude from that which existed earlier. Building Trades Award prescribed numerous special It is now desirable to view briefly the allowances rates whereas Metal Trades Construction Awards paid elsewhere in Australia and the decisions did not, and it is probably for this reason, and thereon. because of the deletion of certain special rates from Queensland. the Federal Award, that it was indicated by the An amount of eighty cents is included in the unions that the Commission could consider deleting total rate payable to on site construction workers. some special rates from this award, for instance, Attention has not been drawn to any decision dirt money, dust money and the like with the con- dealing with that allowance nor from a somewhat struction allowance being increased to cover the limited research is one discoverable which dis- instances when those conditions may arise. cusses, in detail, the reasons for the allowance. Mr. Martin discussed the history of the allowance in some detail; the distinction drawn between It is noted that the special rates prescribed in workers engaged on building construction and in the award are fairly extensive and include an factories which he submitted were factories within allowance of two and a half cents per hour for the building industry rather than factories at large multi-storeyed work. and the 1964 decision in New South Wales. New South Wales. Evidence was given by the unions' witnesses in The present allowance of two dollars and respect of the conditions experienced on construc- twenty-five cents was fixed in 1964 for carpenters tion sites as distinct from other relevant matters and bricklayers and, in addition, a number of inherent in the employment of building construc- special rates are also prescribed and include multi- tion workers and the varied inspections in support storeyed allowances ranging upwards from five of the evidence graphically illustrated those con- cents per hour and, insofar as is relevant in this ditions and were of great assistance in determining State, to ten cents per hour. this issue. Those inspections revealed the features In 1960 (59 N.S.W.A.R. p. 694), by agreement of of on site construction work in what has been the Master Builders' Association and otherwise by termed the "pioneering" stage and at other stages order of the Industrial Commission, an allowance of construction, and illustrated the special dis- of one dollar and fifty cents was applied to car- abilities under which construction workers penters and bricklayers. The President, Taylor are required to work whether out in the open on J., referred to amounts ranging from fifty cents rough ground or on scaffolding or amongst building- to eighty-two cents provided in awards applicable materials or in other varied situations. In ad- in other States and he concluded it would be dition, facilities such as lunch rooms, change rooms anomalous if some allowance were not paid in and toilets, being those facilities which are New South Wales for conditions "obviously com- ordinarily made available for the use of workers, mon to the building industry throughout the Com- were inspected on these construction sites, that is monwealth". He later found that "conditions so where all of those facilities were supplied. far as change rooms, locker rooms and the like During the proceedings it was indicated that the have now materially improved in industries where unions continually made representations to em- there are places of permanent employment . . ployers or at least to some of them to supply and ". . . in the building industry where jobs have and improve facilities. These approaches have a relatively short life it would not be practicable apparently met with partial success but it is clear for employers to provide amenities of anything like that the ideal situation of "first class facilities" the general standard in industry . . ." In regard being supplied on all jobs is not capable of being- to the amount agreed to by some employers, His achieved. By the very nature of the industry Honour commented that it was less in money value building construction workers will be required to than the fifty-five cents awarded by Kelly J. in 29 June, 1986.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 775

a Federal Building Trades Award in 1946 and he In March, 1966, this allowance of two dollars was concluded that the one dollar and fifty cents was increased to three dollars fifty cents and is the reasonable. Later, in 1962 (61 N.S.W.A.R. p. 329) most recent assessment of the allowance by an His Honour dismissed an appeal against a decision industrial authority. In that decision the Com- awarding the allowance to plumbers. Therein he mission criticised the amenities provided by em- stated that whilst it was true the plumber in some ployers on building sites; stressed that the allow- cases became involved, "after the roof is on and ance was an average one for all jobs and for that the floor set up ... he is still subject to all the reason disabilities of a particular job at any one hazards such as open floor spaces, odd pieces of time could not be compared with any other job at timber lying around, absence of guards and hand- that time or at another time; referred to the 1964 rails, debris of all descriptions here and there, increase in the New South Wales allowance to- and, particularly in the case of high buildings, to gether with the higher rates for multi-storeyed weather conditions which are inconvenient and at work and other increased rates in that State and times hazardous" and for reasons which will be- commented that the circumstances operating in come obvious later, a comment of His Honour in other States could not be ignored but stated that dealing with another matter is relevant, namely— "the prime consideration is to place what it (the It has to be remembered that building con- Commission) considers to be a proper evaluation, struction today is a vastly different matter in the present day circumstances of that part of from what it was even ten years ago. We now the building construction industry, geographically have very high buildings, constructed at a high and otherwise before it, on the factors included in tempo. This involves complete co-ordination the industry allowance as the general disabilities between all building workers and tradesmen to of working therein". the end that construction might proceed as ex- This decision was not raised in these proceedings peditiously and as safely as possible. There is and in the light of submissions put to this Com- no leisurely building in industry these days . . . mission, some comment thereon is necessary. First, In his 1964 decision Taylor, J., made reference whilst it is not possible to compare the standard to the increases which had been granted since of "amenities" in the States covered by the Federal 1960 in similar allowances prescribed in the awards award with that standard in this State, the decision of other States, the greater reluctance of subcon- indicates that, if anything, the building worker in tractors, whose work in the industry was growing, this State is not badly treated, comparatively speak- to provide as good accommodation and facilities ing. The Australian wide building firms operat- as master builders who carried out the whole of a ing in this State could be expected to provide contract and the increasing standard of amenities similar facilities in all States and for that reason in industry generally. certain statements to the effect that the conditions South Australia. for workers in this State were considerably worse The allowance of one dollar and fifty cents (or than elsewhere appeared to be "exaggerations" and two dollars when employed on multi-storeyed work) this view has now been confirmed by the criticism had its origin in a 1962 plasterers' case (30 set out in the Federal decision. Next, the use of S.A.I.R. p. 80 and see also p. 248). The President subcontractors has also grown rapidly in other declined to grant the claim for an increase in the States and created a problem also evident in this allowance from fifty-five cents to the two dollars State in respect of the provision of facilities. prescribed by a Federal decision in September, Thirdly, the Commission, in view of all the cir- 1962. He discussed that decision, and an appeal cumstances outlined, considered the two dollars therefrom, and the 1960 New South Wales' de- was established in 1962 at a conservative figure for cision and, after finding that fifty-five cents was builder's labourers and carpenters which "classes no longer adequate as an allowance and being un- of employees engaged as they are right from able to accept a number of assumptions contained the opening up of the site for foundations and in the Federal decision, he fixed one dollar and erection of the framework of multi-storey, com- fifty cents for on site workers to cover "all the dis- mercial, villa and all other types of buildings, are abilities associated with all building operations on subjected and exposed to disabilities to a greater site even though such are not always suffered ex- general degree than classes of employees who follow cept as to some exceptionally disagreeable condi- later in building construction" and it was felt that tions" for which special rates were awarded but the extension of the 1962 allowance of two dollars these special rates were few in number. to other classes of workers caused carpenters and builders' labourers to "become comparatively worse Carpenters' and Builders' Labourers' Federal off, in building construction at least." Lastly, the Awards. amount fixed took "some account of the extent and In September, 1962, the Commonwealth Con- value of special rates provided in these awards and ciliation and Arbitration Commission fixed an awards generally, including some consideration of allowance of two dollars per week as a disability the special rates applicable, in addition to the in- allowance but in so doing certain special rates, dustry allowance, in the New South Wales Federal such as for wet work and dirty work were deleted, awards for carpenters and builders' labourers." and a claim for a height and multi-storeyed (Those awards reflected the allowance and special allowance was refused in that compensation there- rates prescribed in New South Wales State awards.) for was included in the average allowance (101 A consideration of all of the foregoing enables C.A.R. pp. 433 and 318). The allowance replaced one certain conclusions to be stated. These conclusions of fifty-five cents fixed in 1946, in addition to the indicate that the present allowance should be in- special rates and the disabilities for which the creased but in order to fix an appropriate average allowance was prescribed were set out in the allowance, several special rates would need to be award. The Commission commented that it failed deleted from clause 14. to understand why a better standard of amenities was not provided and, in outlining the circum- Findings. stances considered to be relevant in fixing the allowance, referred to a possible increase in the 1. The 1948 Building Trades decision (28 W.A. type of work upon which the allowance would be I.G. p. 119) referred to the evidence given by paid. witnesses of the "stress and strain to which they 778 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

are subjected working out in the open and carry- will be applied having regard to the type of worker ing on their various avocations in the primitive who will receive the allowance. This worker is; surroundings of a suburban building allotment" more truly a "construction worker" than the one *. and whilst that evidence of stress and strain was paid the allowance under the 1960 award and more • discounted, it confirms that in 1986 the general weight may now be given to the average disabilities type of building construction is different from that experienced by that worker on construction sites. • undertaken in earlier years. The 1953 decision, which fixed the allowance at fifty cents per week, 4. The 1953 fifty cents, which may have been made no reference to the type of buildings being influenced by the fifty-five cents then paid under constructed at that time but other information the Federal Building Trades' Award, has lost its indicates that even since that year, the building value and, leaving aside the assessment of the industry has changed, not only in respect of the parties in 1963, would need to be increased even if types of construction including larger industrial the extent of the disabilities had not changed. projects and multi-storeyed buildings but in rela- 5. The facilities supplied by employers to build- tion to the methods of construction for instance ing workers have altered little over the years but in the greater use of subcontractors. those provided for workers in permanent places of 2. In 1963 (43 W.A.I.G. p. 350) Nevile, J., in deal- employment have improved and continue to steadily ing with an application to amend a Metal Trades improve. In this respect, Mr. Martin submitted Contraction Award, noted increases in the con- strongly that any such comparison should not be struction allowances paid to building workers in made outside of the building industry but, whilst other States and, in distinguishing the construction it is true that the comparison to be made in the work involved, from building construction, referred award is between, say, the facilities available to to the working conditions on site and the absence carpenters employed on construction work and of special rates in the award. After dealing with those supplied to carpenters employed in a factory, the amenities provided His Honour fixed an allow- this submission is rejected for a basic reason. The ance for the particular site at two dollars and relevant statute sets a standard for all establish- seventy-five cents. ments whether in the building industry or not and Later in that year (43 W.A.I.G. p. 698) by which whilst different processes create different con- time the Building Trades' allowance had been in- ditions of work the changerooms, lunchrooms and creased to one dollar and fifty cents, His Honour toilets provided in all permanent establishments, granted metal trades construction workers a dis- must be regarded on average as being in conformity ability or site allowance of four dollars. It was then with that- standard and therefore approximately said— comparable. The carpenter employed in a mixed I am now convinced that this industry is industry establishment or in a joinery works is paid totally different from the ordinary building no differently, as far as an allowance is concerned, industry which, until recent _years, we have from other workers in those establishments and known in this State and for the conditions on similar comparisons between these other workers which the Building Trades Award was framed and workers in other industries are also possible. ... to compare the disabilities allowance pre- On this basis it must follow that no additional pay- scribed under the Building Trades' Award with ment by way of increments can be granted to the site allowance we are now considering, is "inside workers" for particular conditions. not "to compare like with like," Not only are 6. The multi-storey allowance has been re- the industries so different in character and tained, among others, for it is considered just for composition but the two awards are also framed workers on higher buildings to be paid an addi- on quite different bases . . . (The underlining tional amount to meet special disabilities. This is mine.) does not mean that the special rate will cover all Mr, Henley's submission that the distinction re- work at heights for this allowance will continue to ferred to was, or at least now is, unreal is not give workers compensation for some work at without merit insofar as large industrial projects heights, that is in the general rather than the are concerned but if the distinction is to be re- exceptional case, and moved the special rates now provided in the Build- 7. The allowances fixed in the awards in other ing Trades' Award would need to be deleted so that States are of qualified assistance only in that each the awards could be framed on similar bases. Even is prescribed on somewhat different principles. if this were done, it would still be open to argument For instance, the recent Federal allowance is not whether an anomaly then existing should be re- payable to all classes of employees and the decision moved by reducing the metal trades allowance as thereon indicates that if the Commonwealth Com- distinct from increasing the one now under dis- mission had been required to fix such an allowance, cussion. Leaving that question aside, metal trades- rather than one for carpenters and labourers only, men do, however, receive a loading of four dollars it may have been lower. Furthermore, an allow- on construction work but only on a site of an ance for multi-storey work is not payable under industrial project and no special rates, except that award nor are the special rates therein pre- height money, and building tradesmen receive one scribed as extensive as in this State but the pro- dollar and fifty cents for all types of construction posed deletion of certain special rates from this work together with numerous special rates. This award will enable the allowance to be higher than difference should Ire reduced and certain special would otherwise have been the case and finally rates in this award have been deleted in order that the type of worker to receive the allowance will the allowance may be brought as close as possible differ between the two awards. to that now payable to metal trades workers but Several of these findings are relevant in looking keeping in mind that in addition to work on in- at the allowance and the special rates prescribed dustrial construction projects, building tradesmen in the other awards and in making any comparison work on other types of construction work which the parties should consider the date when the do not involve similar disabilities. allowance was fixed, the special rates paid (or not 3. The unions claim an average allowance for paid) and the level of those rates together with all conditions and all classes of workers. This aver- the class and type of worker In receipt of the allow- aging system has the support of the employers and ance. 29 June, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 777

It only remains now to fix the amount of the and even in that respect were not sufficiently con- allowance and the conclusion reached that in all clusive to cause an amount to be awarded as an ad- of the circumstances a fair and reasonable rate ditional allowance. Furtherfore, a building trades- would be two dollars seventy-five cents per week. man, who is not a construction worker, and par- Because of the construction of this award this rate ticularly one employed in a mixed industry, is in will have an effective value of about three dollars no different a position from other workers in the per week. particular employer's establishment and as stated when dealing with the construction allowance, the Increments. provision of suitable amenities is covered by other The claim by the unions is for three annual statutes applying equally to all workers and the increments of one dollar and ninety cents, three overall standard of those amenities should be re- dollars and eighty cents and five dollars and seventy garded as one of the normal features of the em- cents per week respectively to be paid to workers ployment. not eligible to receive the construction allowance. Casual Workers. In support thereof it was submitted that joiners in The unions claim that the casual loading present- shops felt that an extra amount should be paid ly prescribed at five per cent, should be increased because of the prosperous state of the industry; to twenty per cent. that other workers, including joiners, employed by The five per cent, loading was first granted to the State Government received increments as did building workers in 1953 and the unions submitted employees of other governments and instrumentali- that certain benefits recently gained by other ties; that a payment should be made to those workers covered by the award were not en- workers remaining with the one employer and also joyed by casual workers who should be compensa- that a worker became more valuable with experi- ted for "those factors and reference was made to ence; that compensation should be granted for the recent decisions of the Commission which fixed a "poor" amenities in joiners' shops and the con- general loading of fifteen per cent, for casual ditions under which work is performed, and that workers. In 1953 that general loading was ten per regard should be paid to a 1964 decision of the cent. Mr. Martin, in recognising the aforemen- New South Wales Industrial Commission which tioned decisions, contended that in accordance discussed an incremental scale for teachers. Some with the principles thereof and, in particular, of evidence was given in respect of conditions in the Rope and Twine case (44 W.A.I.G. p. 866), joiners' shops. In addition, Mt. White's submission two rates should be prescribed. One of fifteen that all workers should receive the construction per cent, for inside workers and another allowance must be considered, for, having rejected of five per cent, for other workers ^ being that submission, it is only right for the matters those, who by reason of the additional loading for raised thereby to be considered under this heading lost time, holidays and sick leave, already receive together with the qualified criticism by Mr. White some compensation for the factors deemed to be of incremental payments which could cause workers relavant in fixing the general loading of fifteen doing the same work under similar conditions to per cent. be paid different rates of pay. The submissions put on behalf of the employers This claim will be refused for reasons to be are accepted in principle in that two rates have briefly stated. been prescribed. However, a loading of only five Generally, and in the main, the conditions under per cent, for other workers would be insufficient which work is performed in this industry may be to give to those workers the equivalent of fifteen better considered in the fixation of marginal or per cent, and for this reason a loading of seven and special rates of pay and the consolidated award a half per cent, is granted. For those interested in to be issued will prescribe in clause 9, for instance, making a comparison of the respective wages, at the basic wage, an appropriate marginal rate to least the construction allowance should be set cover those matters discussed earlier and amongst aside in any calculation and it should be noted that other amounts, an allowance for construction work- in 1953, when the loading was five per cent, less ers. Next, to the extent that the "prosperity" of than for worker's generally, the lost time etc., load- the industry or any of the other matters raised by ing was fixed at seven per cent, as against the the unions is a relevant consideration in the fixa- eight and one third per cent, in this award. tion of the total wage, then that factor would apply substantially, if not equally, to all workers whether 13.—Leading Hands. or not those workers were entitled to the construc- In this clause the unions claim increased rates for tion allowance and nothing has been said in these leading hands (including the deletion of a provision proceedings to indicate why construction workers which reduces the rate payable to any leading hand should not share, say, in any prosperity of the in- working under the supervision of a foreman or of dustry. In relation to this aspect it should be made the employer), a definition of leading hand, a pro- clear that the construction allowance does not vision requiring a leading hand labourer to be paid include any amount for prosperity. Thirdly, the a margin not less than the margin of the workers reasons which were said to exist to cause the im- over whom he exercises control and an additional plementation of increments for employees of State rate for licensed scaffolders. Government Departments do not apply to employ- In respect of the claim for increased rates, it ees of private firms. Fourthly, service with one was submitted that any percentage increase in the employer is recompensed already by other con- margin of the tradesman should be applied also ditions within the award and, if years of experience to leading hands and that the reduced rate for in the trade are to be taken into account in de- leading hands working under supervision should termining the value of the work performed, then be deleted for it was not justified and did not ap- such experience can be more properly considered pear in the Building Trades' Awards of the other when fixing the marginal rate as it was in the States. By reason of recent wage decisions leading New South Wales teachers' case referred to by hand allowances have increased with margins but Mr. White and lastly the submissions and evidence those "national wage decisions" dealt rather with in respect of amenities and other matters in work- economic considerations than with work values shops were restricted generally to joiners' shops and other matters relevant in a reassessment of 778 marginal rates. Such an increase did not flow from payable to workers over whom he exercises con- the 1957 Building Trades decision which increased trol. Under the award a leading hand could theor- the margin for a tradesman and the submission etically receive a lesser wage than the men under that these allowances should adjust automatically his control in that the leading hand allowance in the same proportion as any change in the mar- may only be two dollars and twenty cents per week gin, is not accepted. The full rates now prescribed whilst the difference between the highest and low- for leading hands are those v/hich are generally est margins in clause 9, is four dollars and ninety payable to that class of worker covered by other cents but evidence of the situation complained awards of this Commission and appear reasonable. about was not presented. In that circumstance, However, those awards do not contain any provis- and having in mind the principle that a leading ion which causes the rate to be reduced when the hand is generally paid an allowance in addition leading hand is working under supervision. The to his ordinary rate, the claim will be refused. reason for this lesser rate is not easily discernible Therefore, the definition of a leading hand labourer in the industry as it is carried out today when (which is also involved in this claim) will remain leading hands in engineering and other shops may as agreed between the parties last year and so work under supervision with no reduction in the maintain the relationship then established with responsibility allowance paid to him for being placed the Federal award which does not contain a pro- in charge of other workers. It is within the dis- vision similar to that claimed under this heading. cretion of an employer to appoint a leading hand The remaining question to be determined is the and he need not do so on any job supervised by rate to be paid to a licensed scaffolder. The exist- himself or a foreman if the duties required to be ing award provides that in certain circumstances performed are_ not truly those of a leading hand. a licensed scaffolder employed or engaged in the The evidence indicates that on some jobs the full supervision of scaffolding or gear shall be paid rate has been paid notwithstanding the employ- as a leading hand and the union desires that ment of a foreman and, with larger works being provision to be applied in such a way so as to carried out, reasons would exist for the making cause an additional amount to be paid for the of such a payment. The proviso to the clause will holding of a licence with the leading hand allow- be deleted but otherwise the rates will not be al- ance being paid in addition thereto if a licensed tered^ This decision is supported by the provisions scaffolder is in charge of three or more workers. contained in the Building Trades' Awards opera- Mr. Hayter expressed the view that the 1960 award ting elsewhere and in this respect the 1957 margins intended the payment to be made to all licensed decision (37 W.A.I.G. p. 494), which referred to the scaffolders and, in some cases, in addition to the principle of comparative wage justice, should be allowance but that this is not so can be seen from noted. the decision (40 W.A.I.G. p. 667 at p. 670) where The definition of a leading hand sought to have Nevile, J., stated— a worker so classified only if he worked under the ... I consider that a labourer who, as a holder direct control of a foreman, supervisor or the em- of a licence under the Inspection of Scaffolding ployer and then purported to set out duties which and Gear Act is responsible under that Act could not be performed by that worker and which for the proper erection of scaffolding should were said to come within the scope of a foreman be paid a leading hand's rate. This does not The claim therefore falls under two headings and mean that he should be paid double the allow- m support thereof it was submitted that it was ance if he also has three other labourers under necesary to include the provision in the award so his control. , that the responsibilities of a leading hand on the and on intention, the only question which arises is whether a licensed scaffolder working alone is •'i0 i?3??1 thoSe of foreman covered by the Foremen (Building Trades) Award, No. 9 of 1962, could be entitled to the leading hand rate but, for the ascertained, although in evidence it was said that following reasons, it is not necessary to determine it was possible to tell the difference between a that question. foreman and a leading hand. In the first place the In 1960, the margin of a scaffolder was three claim reflects a popular misconception that a defi- dollars and eighty-five cents per week and the nition should be used to bring about a restriction margin and allowance for a licensed scaffolder m the performance of work whereas its true pur- totalled five dollars and seventy-seven cents even if, pose is to clarify the meaning of a term, or in this for the purpose of illustration the allowance is re- instance, to describe workers covered by a'certain garded as being payable to a licensed scaffolder classification in the award. Next, a worker who not in charge of other workers whilst a leading is required to do the work permitted of a leading hand scaffolder (whether licensed or not), also re- hand under the claimed definition but not under ceived at least five dollars and seventy-five cents. By the dnect control of a foreman or an employer 1963, these amounts had risen to four dollars and would not be a leading hand nor presumably a twenty-five cents, six dollars and thirty-three cents foreman and although placed in charge of other and six dollars and thirty-three cents, respectively, workers would not be entitled to any additional but in 1965 the margin for a scaffolder was raised I'citG. to six dollars and fifty cents. Therefore, if by its 1960 award, the Court had intended a licensed Mr. Henley also stated that the Foremen's Award scaffolder to receive a margin of five dollars and wanted "a lot of tidying up" but that award is not seventy-seven cents (six dollars and thirty-three before this Commission, and an amendment to cents in 1963) then the 1965 amendment achieved this anvard should not be allowed when it purports that purpose by providing six dollars and fifty to alter the Scope clause of another award and cents as a margin. However, two other questions thereby to provide tha,t certain workers must be arise. First, is the work of a licensed scaffolder paid the rates for foremen set out in Award No properly compensated by a margin of six dollars 9 of 1962. The claim will be refused. and fifty cents (or rather its present day equiva- lent) ? Secondly, should this award be amended The next matter is one raised by the Builders' in such a way to grant an additional allowance? Labourers' Union. It claims that a leading hand As stated earlier, certain provisions of the Federal should be paid a margin (as distinct from "his al- award were introduced into this award by the lowance) at least the same as the highest margin 1965 amendment and the answers to these questions 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL, GAZETTE. 779 may be found by reference to the 1962 decision elapsed since the rates had been last reviewed and accompanying the Federal award (101 C.A.R. p. the level of the rates prescribed. No attempt was 318) and to the provisions of that award. From a made to discuss the first of these factors but the consideration of the decision (at page 323), it is 1964 New South Wales decision (64 N.S.W.A.R, p. clear that a scaffolder, like the rigger, was required 560), which refers to the agreed increase, states to be certificated to the extent indicated and that that the award to be issued would replace a 1960 "the provisions of the various Statutes in respect award and the decision on that award (59 of scaffolding are most stringent" or in other words N.S.W.A.R. p. 694) indicates that the parties then that the margin was fixed for a licensed worker agreed that generally the special rates should and it cannot be seen that the position is so dif- remain unchanged. It therefore appears that the ferent in this State to require the payment of an rates remained unchanged for a longer period than allowunee in addition to the margin. A perusal in this State and for this reason even if the New of the Federal award does not indicate any addi- South Wales percentage was "reasonable" the tional rate for licensed scaffolders except, of course, workers in this State should receive a lesser per- when employed as leading hands and nothing has centage increase. In respect of the level of the been said which should cause me to depart from rates, which also rises under another submission a marginal asessment felt by the union in 1965 to made on behalf of the unions, a comparison of the be a reasonable one for the purpose of establish- rates prescribed for carpenters does not reveal a set ing the margin to be paid in this State. As the pattern in that each is not fixed in the same pro- employers are prepared to pay an additional portion to others in all States and every rate in amount to licensed scaffolders in charge of one the other States is not higher than the particular or two other workers, the award will provide ac- rate in this State. However, it may be said that cordingly. generally the New South Wales rates are at a higher level than those in this State and also, in broad 14.—Special Rates and Conditions. terms, that this is so in respect of the rates in This clause prescribes a number of special rates States other than New South Wales but regard and conditions of employment and, except in re- must be paid to the amount of the construction spect of rates for "setters out and detail workers" allowance, the conditions under which the extra and the inclusion of a special rate for certain work rates are payable, the extent of those rates and being carried out in the vicinity of North-West the previously fixed relationships between the rates Cape, the clause has remained unaltered since the in this State. award was issued in 1960. (In that year the rates were increased to reflect the change in the pur- An all round increase will be granted to reflect chasing power of money.) the change in purchasing power since 1960 which The unions generally seek an increase in the increase will have the effect of removing, for pay- rates, alterations to the wording of certain provi- ment purposes, any reference to fractions of cents sions including one which would extend the pay- from the clause. This principle has been applied ment of the special North-West Cape allowance where a claim has been made for an increase in to work carried on throughout the whole of the a rate except in those instances to which reference North West and the prescription of a number of will now be made. other special rates and conditions of employment. Before dealing with those instances it is neces- The employers asked for the existing clause to sary to clarify several matters. First, in dealing remain except for the deletion or alteration of with clause 9, it was said in respect of margins, several of the special rates, which deletions or that the amounts to be prescribed should cover the alterations will be dealt with later. In relation normal features of the work and that new methods to the general claim for increased rates it was and techniques, which would include the use of any submitted that increases should be granted in line new materials, should be recognised by that means. with any increase in the margin of a tradesman At the speaking to the minutes the parties should and having regard to the rates predominating in address themselves to the question of whether the other awards and it was contended that the 1964 additional rate for operating ramset guns should increase of thirty-three and a third per cent, in be deleted for this rate comes under this heading. the special rates prescribed in New South Wales It follows that special rates (and conditions of was reasonable and could be followed. employment) should only be prescribed for those Special rates fixed for unusual conditions of exceptional conditions which are unusual for the work, being those not normally experienced by a type of worker to be covered by the award. Several worker, have not been related to margins in the of the claims must be refused for this reason. past nor will any such relationship be established Furthermore the limited amount of material, in- by this decision. From time to time these rates cluding evidence (if any), brought forward by the (as well as margins) have been increased having unions was insufficient to support several claims regard to any change in the purchasing power of and particularly in those cases where similar claims money and, in this decision it is intended to take have been previously rejected by the Court. This into account the change in purchasing power applies to a number of matters, including several between 1960 and 1966. An approximate measure of the claims dealt with later although it may not of that change can be ascertained from retail price be so stated thereunder, and where any claim is index numbers which, for the information of the not mentioned it may be regarded as being rejected parties, reflect a change of about eleven per cent, for one or a number of the foregoing reasons. between the September quarter, 1960 and the In respect of the evidence required of the parties March quarter, 1966. The thirty-three and a third seeking the provision to be included in the award, per cent, increase in the rates in New South Wales it should be directed, not only towards establishing is not relevant for, leaving aside the agreement the desirability of that provision, but the need for of the parties in that State to the increase, the it to be expressed in the award. If the other party percentage change may only be considered within is not acting unfairly and generally, if the action the context of the circumstances under which it complained of is isolated, it is preferable not to was agreed. For instance, the extent of the attempt to legislate for the situation for such change would no doubt have depended upon at least action is not necessary in the first instance and, two factors, namely, the period of time which had as has been said in respect of isolated instances of 780 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE, [29 June, 1966. unfair treatment—"hard cases make bad law". As New South Wales. an example it is obviously desirable for potable Prior to December, 1960, and since 1956, a rate drinking water to be supplied on jobs but the of two and a half cents per hour applied to all unions have not shown that generally satisfactory work above the fourth floor but in 1960 additional arrangements of one kind or another have not been rates were prescribed for work on higher floors, made by employers and for that reason a provision namely five cents per hour above the tenth floor has not been included in the award. and eight cents per hour above the sixteenth floor Next, and again in respect of clause 9, but in 159 N.S.W.A.R. p. 694 at p. 703). That decision connection with the construction allowance, it has referred to the 1956 determination of the Com- been indicated that several special rates would mission (1956 N.S.W.A.R. p. 371) which fixed the be deleted from this clause to enable a fuller hourly rate of two and a half cents and the claim expression to be given to construction disabilities for extra rates at greater heights was granted for in the general allowance. These deletions will be the reason that disabilities associated with working obvious and need not be set out herein but it on high buildings became more marked as the should be made clear that I do not resile from height of the building Increased. The New South my stated agreement with a 1961 decision of Nevile, Wales Industrial Commission also referred to the J., which stated that it is much more desirable to work which was being clone by the use of more compensate specific disabilities rather than fixing modern methods of construction and at a tempo an average allowance therefor. (44 W.A.I.G. p. distinctly different from that on ordinary cottage 139 at p. 147). The circumstances of this case work. (In these proceedings the unions request are that a separate allowance Is prescribed to that attention be paid to the modern methods of cover disabilities usually experienced by construc- construction in assessing the marginal rate and tion workers in the same way as a margin for this will be done, whilst the changed tempo of skill rather than a special rate may cover work work over all has already been taken into account conditions (refer 44 W.A.I.O. p. 139 at p.p. 144, in fixing the construction allowance.) 145 and 146) and those disabilities, having been In 1964 (64 N.S.W.A.R. p. 560), the rates of two compensated, the good with the bad, in clause 9, and a half cents, five cents and eight cents were it would be wrong for additional rates to be pre- increased to five cents, eight cents and ten cents, scribed in this clause. In deleting the particular respectively. In reaching this decision the Presid- allowances it will be realised from what has al- ent, Taylor, J. took the view that the agreed in- ready been said that regard has been paid to the crease of thirty-three and a third per cent, in other provisions of the Metal Trades (Industrial Con- special rates was not appropriate and in fixing struction) Award and the Federal Carpenters and the rates to provide reasonable remuneration for Builders' Labourers' Awards. (In 1962 at least the work performed, His Honour had regard to a rate for builders' labourers handling heavy the increase in marginal rates and assumed that material and rates for wet work and dirty work a progressive improvement would take place in the were deleted from the Federal awards), and, in economy during the currency of the award. addition, the special rates and the construction allowance prescribed in other building trades Carpenters and Joiners—Federal Award. awards have not been overlooked. Finally, workers In 1962 a special multi-storeyed rate was refused other than construction workers should not be de- (101 C.A.R. p. 433 at p. 445), when, after referring prived of an allowance which could apply to un- to the disabilities involved in the work, the Com- usual and exceptional conditions experienced by monwealth Commission was unable to distinguish them in the performance of work and it is con- between various heights and incorporated an allow- sidered that the provisions deleted would have no ance for the work in the general allowance which real application in practice to those workers but, was then two dollars and is now three dollars and if they have been unintentionally deprived of any fifty cents. benefit that matter should be raised at the speak- In the New South Wales section of the award, ing to the minutes. presumably being the Federal award mentioned in the 1960 decision, and, apparently by agreement Multi-Storeyed Buildings. both prior to and after 1962, a multi-storeyed A special rate of two and a half cents per hour allowance is prescribed along with other provisions was prescribed for the first time in the 1960 award to bring about some uniformity with the New and in the decision it was said that it equalled South Wales State award. the amount then prescribed in the Federal and In addition to the change sought in rates, the Queensland awards and although no reference was unions' claim embodied several alterations to the made to the New South Wales award it then con- provisions of the existing award and whilst rates tained an allowance of two and a half cents. were claimed above the fourth storey, as in the The unions now claim the New South Wales existing award, that storey was defined as being provision which prescribes five cents per hour for the fourth above the lowest adjacent street level work above the fourth floor, eight cents per hour whereas the existing provision requires the num- above the tenth floor and so far as the height is ber of storeys to be calculated from the ground relevant in this State, ten cents per hour above level and including the ground floor. The claim the sixteenth floor, unless, among other things, also required the allowance to be paid unless the the walls have been completed and lifts are made external walls and all external windows. and available to carry workers to and from the floor openings had been completed and lifts made avail- on which work is performed. The Federal Awards, able to carry workers to and from the floor on in general, do not contain any provision for work which work was required. At the moment the in mnlti-storeyed buildings as that work is com- allowance is not paid when the exterior walls have pensated in the construction allowance whilst the been erected and the windows completed and fixed Queensland rate remains at two and a half cents in position. In relation to the calculation of the per hour. number of storeys, but not otherwise, the claim is In view of the 1960 decision it seems desirable taken from the New South Wales award, in that to refer briefly to the views expressed by the New award the extra rate is not payable when the walls South Wales and Commonwealth industrial auth- have been completed and employees are working orities on this allowance. under cover and when lifts are made available. 29 June, 1986,] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 781

The unions submitted that the strain of climbing construction allowance has been granted and stairs was one of the greatest disabilities involved although some of the "construction allowance con- in multi-storeyed work and pointed out that awards ditions" do not exist on multi-storeyed work, other in the other States, which include such a rate, exceptional conditions are experienced for which recognised that factor: that otherwise there was the rate should be continued. The unions (except "no quarrel" with the existing subclause except as in relation to the provision of lifts) do not quarrel to the rate to be provided; that buildings were with the provisions of the existing award, which getting higher with a greater disability involved in require an allowance to be paid except in certain working in these buildings and that the disabilities instances, and the employers agree that it should of walking from floor to floor and at times on be so paid in those instances. The Commission temporary stairs during the working day for must accept that agreement for it did not have an personal and other reasons should be compensated. opportunity during the inspections to see (or ex- Evidence was given of the disabilities involved but perience) the effects of work on buildings at various the principal witness (or so it appeared) was so heights when the walls were not completed and inclined to exaggerate throughout the whole of his is only called upon to consider whether the rate to evidence that it seems preferable to consider the be fixed should be paid when a lift is not installed. claim against the information gained during the It would appear to be in the interests of the em- inspections. ployer to install some type of lift suitable for carrying workers as passengers (should such a Mr. Martin surveyed the provisions both past course be open under the relevant Statute) for and present in Eastern States awards and stressed working time must be lost by workers travelling that in 1960 the Court did not consider the avail- from floor to floor during ordinary working hours ability of lifts as being a relevant factor although and the higher the building the greater would be the provision now claimed was included then in the time involved. The additional strain imposed those awards. In addition, he contended that if upon a worker required to walk to the higher floors, anything the 1960 reasons for the special rate no and at times with tools and materials on temporary longer applied and that any disability involved stairways and ladders, should be one of the factors should be covered by the construction allowance. for which the rate is prescribed. It is recognised In 1960 the Court said that a multi-storeyed that during ordinary working hours other disabili- rate applied in most of the Eastern States and ties would not be experienced at precisely the same that it was prescribed in Federal awards. (How- time but this may be said of other factors taken ever, it did not apply in certain States covered by into account in fixing this special rate (or the con- a Federal award.) At the moment a special rate struction allowance) and having decided that the applies to carpenters in Queensland and New South requirement to walk to heights is a factor' relevant Wales but not to those workers in Victoria in which to the fixation of the allowance, then it should be State the Wages Board determination now follows paid whilst that condition continues. the Federal award, and in South Australia it is It is now necessary to fix an appropriate rate. paid to carpenters covered by the State award but Certain of the conditions for which the rate is to not to those covered by the Federal award. The be prescribed will alter as the height of the build- minimum rates paid on the work and including the ing increases. Some will worsen whilst other construction allowance in each case is—Queensland, factors, taken into account for the purpose of fixing one dollar and eighty cents (one dollar); New South the construction allowance, will disappear or, at Wales, four dollars and twenty-five cents (two least, will lessen in effect. The fourth floor has dollars); Victoria, three dollars and fifty cents been fixed as the starting point for the payment of (nil); and the South Australian State award, two the rate, which must be regarded as an average one dollars (fifty cents). The amounts shown in to cover conditions above that height, and I am brackets indicate the special rate for multi-storeyed not convinced that the overall disabilities experi- work. In W.A. the rate is two dollars and fifty enced by workers employed in multi-storeyed build- cents (one dollar) and in view of the increase in ings alter to such an extent to enable those con- the construction allowance, that rate will become ditions to be distinguished sufficiently for the three dollars and seventy-five cents. In Queens- purpose of awarding additional payments at the land, New South Wales and South Australia the tenth and sixteenth floors of a building when regard rate is paid unless a lift is provided. It will be is paid to the amount of the construction allowance seen that the position in the other States remains and the reasons for its prescription. This claim substantially the same as it was in 1960 for the will be refused. allowance continues to be prescribed in the awards and in the principal States (except Victoria) to Having regard to the conditions under which which the Court referred but whether or not the building workers will be entitled to the rate, the subclause should be continued in the award or construction allowance, which takes into account altered depends primarily upon the view taken by the general disabilities experienced by workers on this Commission of the disabilities said to be a building site including work at some heights, and involved and the extent to which any such dis- the requirement to fix an average allowance for abilities are not provided for in the construction buildings of varying heights, an allowance of four allowance. cents per hour will be prescribed. On the information raised in these proceedings, workers engaged on multi-storeyed work should Height Money. continue to receive a rate in addition to that paid The unions claim extra rates for work at heights to other construction workers in the building in excess of fifty feet on structures other than those industry. The conditions are such that some extra upon which the multi-storeyed rate is payable and amount should be prescribed but not to the extent in support thereof submitted that the conditions claimed. It should be said that the construction experienced on those structures were similar to allowance contains some amount for working at those encountered in multi-storeyed buildings. The heights and for climbing stairs and scaffolding and employers in opposing the claim point out that a that many of the conditions under which the work similar one had been refused previously; that is performed are similar to those for which the height money payable in similar circumstances is 782 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. not provided for in the Building Trades awards Spray Painting. applying elsewhere; that working at heights is The Painters' Union sought an additional rate compensated in the construction allowance and of two dollars per day for workers required to apply that in 1960 the Court consciously granted a multi- paint by spraying, even if those workers were sup- storeyed rate but refused height money and by so plied with full overalls, a head covering and a doing possibly followed the practice reflected in the respirator, together with an increase from fifteen awards of other States. cents to thirty cents per day in the amount payable In 1960 the general payment of height money was if the respirator supplied was of little or no use refused as the award provisions in this State com- in preventing the absorption of ftimes. pared favourably with similar provisions in the Mr. White dealt at some length with the proper- awards of other States and such a comparison may ties of paint and the effect of those properties, and still be made in that height money is generally paid the fumes arising therefrom, on the health of paint- in specific cases only, with any general disability ers and he stressed that painters, when spraying, involved on construction work being covered by the were not able to avoid being covered in paint; the payment of the construction allowance. (Refer also difficulties involved in persuading men to wear 19 W.A.I.G. p. 526 at p. 529). However, with the the protective clothing, particularly in the north; introduction of the multi-storeyed allowance in the the need to force employers to supply protective award in 1960 an extra rate for an exceptional clothing by providing a prohibitive loading as the height disability was introduced and from the alternative; the need to compensate a worker for knowledge gained on the inspections it would be the discomfort he suffers in wearing protective anomalous if a similar allowance was not paid on clothing; the extra payments for spray painting in certain other structures. The fact that a special other awards or, in the words of Mr. White—"There rate is not prescribed (or is prescribed) in other isn't an award in the Eastern States that doesn't awards should not be the only reason for this Com- have a provision for spraying," and a comparison mision to refuse to grant (or to grant) a similar between a man spraying in a booth and one spray- allowance. On a building erected in what may be ing in the open. Evidence was given that protective termed the conventional manner, with each floor clothing had not been supplied on certain jobs being built upon the last, an extra rate is paid for and, in relation to the "penetration" of paint into work above the fourth storey and a smilar rate clothes and the body, the difficulty of avoiding should also be paid on other buildings of some the back spray especially in windy conditions and height erected by using the "lift slab method". In the conditions experienced when men worked above the initial stages of the erection of those other buildings the effect of working at a height is similar each other. to that on "multi-storeyed buildings" and even if The claim appears to overlook that the marginal the allowance is not payable at present during the rate (and the construction allowance) is prescribed erection of the service area which contains no at an average amount to cover the normal features "floors", it would have to be paid later when the of employment and that exceptional circumstances floors were built and when the disabilities, if any- of sufficient magnitude need to be shown for the thing, would be reduced. Finally, one other form of inclusion of another rate in the award. This prin- structure referred to during the hearing, and visited ciple seems to be reflected in the 1938 decision of on inspections, was the grain silo on the construc- the Industrial Board (19 W.A.I.G. p. 526 at p. 529) tion of which men are required to use ladders to in connection with spray painting. The award pro- reach a considerable height and to work in con- vides that a worker must be supplied with certain ditions not dissimilar from those which could be protective clothing and equipment with a special experienced on multi-storeyed buildings. The allowance then being paid in certain circumstances proposed minutes will provide that the workers and it is noted that the extra amount claimed is engaged on the erection of these two types of not expressed as an alternative to the overalls and structures are to be paid height money for work other articles being supplied. Clearly if the health performed over fifty feet above the ground level. of the worker is involved there should in any event This is the usual height at which extra rates become be no alternative rate prescribed by the Commissi- payable under other awards and the distance on. Furthermore, any failure to observe the award approximates the measure used in respect of multi- provisions, which require the articles to be supplied, storeyed buildings. It is realised that in other is a matter for action elsewhere and if the parties instances work may be required at a height of over so desire I would be prepared to go beyond the fifty feet from the ground and some examples of issues by providing in paragraph (2) of the sub- this work come readily to mind but exceptional clause that a worker shall be required to wear the circumstances do not exist or have not been shown articles mentioned therein so that a failure to do to exist on that work which would require the so would be a breach of the award and be punish- payment of an extra rate, in addition to the con- able accordingly. In relation to the awards applying struction allowance. In this respect it should be in other States, Exhibit 42 does not appear to re- pointed out that the rate fixed takes into account veal that any extra rate is prescribed in at least work at heights well above fifty feet. the Queensland and Victorian awards, and because of this the other awards were not searched, and Mr. White did not support his statement quoted Setter Out and Detail Worker. earlier except by referring specifically to a provisi- No change has been made in the rates for these on in the New South Wales award. In the whole workers in that each is regarded as being marginal of the circumstances the claim will be refused. in character. Increases have been granted in these rates since 1960 when margins have been increased Safety Matters. but, as with leading hands, that increase resulted Under this heading it is proposed to deal with from the application of a wage formula which claims for the provision of a first aid outfit in was applied generally to all margins and, in all accord with the requirements of the St. John Am- reviews of a tradesman's margin, there should be bulance Association on all jobs irrespective of size; no such automatic adjustment of the rates. No the payment of an allowance to a qualified first reason other than any change in the margin of a aid man appointed to carry out first aid duties; tradesman was advanced in support of the claim. the employment of full time safety officers on 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 783 jobs where over fifty men are employed; the estab- should hold up to date qualifications from the St. lishment of safety committees and the supply of John Ambulance Association and in order to rec- safety boots, protective clothing, goggles and hel- ognise the desirability of a worker obtaining and mets. maintaining these qualifeatons, the claim for an In support of the claim it was said that the additional rate will be granted. existing award was deficient in that it only pro- The claim for the supply of safety boots, pro- vided for the supply of bandages and antiseptic tective clothing and goggles is refused. It was not dressings on jobs where ten or more workers were shown if and on what occasions such articles were employed; that every endeavour should be made needed or that each fell truly under the heading of to introduce safety measures throughout the whole protective clothing and equipment. The matter of the industry and particularly in respect of of safety helmets is different. By regulation 72 smaller employers; that the first aid outfit should made under the Inspection of Scaffolding Act, vary depending upon the size of the job; -that the 1924-1962, a worker cannot work on most con- safety helmet required to be worn by the regulat- struction jobs without a helmet and neither could ions made under the Inspection of Scaffolding an employer require a worker to so work. These Act, 1924-1962, should be supplied by the em- helmets fall properly under the heading of protec- ployer; that workers appointed to treat the injured tive equipment which should be supplied by the should be paid an allowance, if qualified; that employer and the employers' submission that a safety officers were desirable as were safety com- weekly allowance should be paid to a worker supply- mittees and that protective clothing generally ing a helmet appears to recognise this fact. The should be supplied by the employer. The evidence payment of an allowance would not be completely acceptable to the Commission, being that which re- satisfactory in that it may not relieve an employer ferred to matters with which this Commission from an obligation to carry a supply of helmets if should concern itself and not suspect by reason of he wants all workers to be able to perform the dut- obvious exaggerations and misstatements. supported ies required of them and in the absence of evidence the stated desires of the unions but to varying as to existing practices, the claim appears to be degrees. On behalf of the employers it was said more desirable than the employers' answer and the claims were indefinite and difficult of prac- such a provision, with suitable safeguards, has tical application; that certain matters should be been included in the award. It should be mentioned left to other legislation and that insufficient reasons that under other awards employers are required and evidence had been advanced to support par- to supply certain articles which are required by ticular claims. Statute to be worn or used and sufficient reason The desirability of ensuring the safest working was not advanced to show why that requirement conditions on construction and other jobs is not should not be placed on employers in this industry. really in dispute and the real question to be deter- North-West Allowance, mined is whether this Commission should endeav- The unions claim additional weekly rates of our to lay down suitable provisions to bring about seven dollars for tradesmen and four dollars for those conditions. To make such an attempt would other workers ready, willing and available to work possibly interfere with the activities of other bodies a fifty-four hour week when employed north of the or persons experienced in safety matters and es- 26th parallel of south latitude on construction and tablished by law or otherwise to bring about safer allied work associated with the development and working conditions and in circumstances where improvement being carried out in the area. It is little real evidence was available to support some not intended that the rates should apply to any of the claims. For instance, it was evidenced that worker covered by the Distant Work clause who is the larger jobs, and perhaps those on which over accommodated in a suitable and acceptable hotel or fifty men are employed, were already the "safest" boarding house or to a permanent resident in a and it was said that more problems arose with the town. The claim seeks to replace an existing sub- smaller rather than the larger employer. Further- clause which prescribes the allowances claimed for more, some of the claims referred to the job as a workers employed on Increment I of the construc- whole and if such provisions are desirable for the tion of the communications centre in the area industry it would appear that the result sought occupied and controlled by the United States Navy could be achieved better by other means rather at, and in the vicinity of, North-West Gape. The than by an award which governs the relationship employers maintain that the allowances should not between an employer and his workers. For these be applied to workers employed on other projects reasons certain of the claims have been refused. and before considering the respective cases sub- In relation to the first aid outfit, the material mitted by the parties, it is desirable to outline before the Commission in support of the claim briefly the background of the existing subclause. that a standard kit should be supplied by the em- Following a compulsory conference held on the ployer, was extremely sketchy. The requirements 30th December, 1964, the parties involved in a dis- (if any) of the St. John Ambulance Association pute concerning the communications centre at were not known and there was no indication that North-West Cape, agreed to the dispute being heard generally employers were not supplying sufficient by the Commissioner presiding over the conference first aid material or of any articles which needed and on the next clay the award was amended to to be included in the outfit. It may be that overall provide allowances of seyeu dollars for tradesmen employers provide suitable outfits being those and four dollars for other workers but subject to which in practice have been found to be necessary certain conditions. The order made was in the and in this respect the award will not be altered but same terms as one issued by the Commission on a requirement will be placed on an employer to the 15th October, 1964, (44 W.A.I.G. p. 682) but supply an outfit on the job irrespective of the num- which, on appeal, was subsequently set aside for ber of men employed. Practical difficulties may the reason that section 69 of the Act had not been arise from such a requirement but it cannot be complied with and in these proceedings the parties seen that the need, for a basic outfit on a small agree that the reasons for the allowance can be job is any different from the need, for an outfit found in that October decision. Therein reference on a larger job. In addition, it is in the interests was made to an award issued by the Commission of all that first aid men, appointed by the employer, in April, 1964, for metal trades workers employed 784 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. on the construction of the communications centre, other extra amounts, was creating discontent; that and then in fixing the minimum wages, the Com- workers were isolated from home and town life; mission took into account the influence of the pro- that the climatic conditions were variable, that ject's national importance, its magnitude and isola- workers were forced to remain in the areas be- tion from permanent habitation and the climatic cause of the distances to be travelled and. that conditions in addition to the common desire of the regard should be paid to the living conditions in contractors and workers to work a regular fifty- camps. Evidence was given in respect of these fotir hour week. The decision stated that those living conditions, the complaints made by workers matters applied with equal force to building workers in the area, the conditions experienced in living and having concluded that "an anomaly exists be- and working in the north by reason of climatic tween the rates then fixed for metal trades workers conditions and isolation and, among other things, and those at present applying to the workers the distance from camps to the place of work, the covered by the awards, the subject of these appli- payment of the Increment 1 allowance at North- cations", the Commission fixed allowances to re- West Cape by some employers not required to do move that anomaly and based them on the rates so under the award, and the extensive working of prescribed in the Metal Trades Award. The en- overtime. titlement of a fitter and a carpenter under each The employers oppose the extension of the area of of the relevant awards was then set out and the operation of the present subelause on the ground allowance of seven dollars was fixed for tradesmen that it could not be shown that all of the circum- and later one of four dollars for other workers. stances in the north were the same as those at In view of the terms of the Metal Trades (Con- North-West Cape and Mr. Martin pointed out that struction) Award, it is clear that the wage of a fitter the North-West Cape allowance arose out of a working fifty-four hours was based, among other comparison with metal trades workers which com- things, on a site or disabilities allowance of four parison could not be made throughout the north; dollars per week and, in view of the increase in a that the special reasons existing at North-West similar allowance prescribed in this award, it is Cape, which caused the allowance to be prescribed necessary to reconsider the present comparative did not exist generally; that varied building pro- wages of a fitter and carpenter so that the anomaly gammes were being carried out in the north by removed in 1964 (or another anomaly) will not be large and small firms domiciled in the north or renewed (or created). By order dated the 3rd elsewhere; that other award conditions, for in- March, 1966, a fitter receives eighty-seven dollars stance, district allowances, covered some of the and thirty cents for a fifty-four hour week whilst, factors raised by the unions; that the allowance by order dated the 8th February, 1966, a carpenter was based on a requirement to work a fifty-four for forty hours receives a basic wage of thirty-two hour week; that the allowance had been fixed for dollars and thirty-eight cents and a margin of work on one project and its background did not eleven dollars and twenty cents and as a result of permit it to be applied to all work in a locality; this interim decision, will receive a lost time that the payment of the allowance by some em- allowance of three dollars and eighty-five cents, a ployers should not prejudice other employers tool allowance of ninety-five cents and a construc- objecting thereto and particularly when an em- tion allowance of two dollars and seventy-five ployer required by the award to pay the allowance cents or a total of fifty-one dollars and thirteen on certain work extended the payment to his other cents. Overtime rates are payable on this total employees in the area who were living in the com- rate and except in relation to the fares and travel- bined facilities provided for the whole of the work ling allowance which has been amended as a re- force; that some employers were supplying better sult of ihis decision, the other differing conditions facilities than others and that the claim, if granted, of employment referred to in the October, 1964, de- would create anomalies of the type which the 1964 cision, continue to apply. The precise method used decision, relating to the North-West Cape, sought in 1964 by the Commission to calculate the allow- to remove. ances is not known but on the information set The foregoing is an attempt to summarise briefly out in that decision, and particularly at page 684 the views of the parties and to highlight the com- thereof, a figure approximating the seven dollars plexity of the problem involved and it is not to be for tradesmen can be ascertained. The factors in- taken as a complete review of all of the submissions volved in that calculation, which have been altered and evidence advanced to support the respective by reason of this decision, follow claims by both viewpoints of the unions and the employers. All the unions and the employers, neither of whom of this material and the information gained during suggested a consequential alteration to these par- the inspections of certain areas in the north has- ticular special allowances and a consideration of been carefully weighed in reaching the following the aforementioned alterations, and the other conclusions:— matters taken into account in the 1964 decision, 1. In the Building Trades Award, certain does indicate that the allowances should remain clauses already cover some of the matters unaltered so that the result achieved generally in raised by the unions and the award contains 1964 will not be unduly disturbed. special provisions relating to work in the In respect of the area in which the allowance north. For instance, clause 19—Distant Work should be paid, the unions desire it to apply virtu- —sets out what is required in respect of ally to all work not performed in an established workers sent to work away from home and is town and in support thereof the Commission was therefore related to living standards, the dis- referred to the submissions advanced on behalf of tances travelled between lodgings and working the unions when the allowance was sought for work places, the payment of fares and travelling at North-West Cape and the decision thereon. It allowances and other matters. The provisions was said that the matters raised therein applied of the clause (and clause 21—Camp Allow- equally to all work throughout the North-West and ance) both of which apply over the whole of In addition it was submitted that some employers the State, are also in dispute in these applica- were already paying the allowance (or other tions and many of the submissions specifically amounts) on certain projects and that this, put by the unions in respect of the North coupled with the fact that other employers on the were really concerned with the matters sought same projects were not paying the allowance or to be covered by the general provisions. Also 29 June, 1966.] AUSTRALIAN INDUSTRIAL GAZETTE.

clause 20—District Allowance—which is not in employers on housing work within tire town- dispute, contains varying amounts to compen- site and living under similar (if not worse) sate workers in various areas for living costs, conditions, should also be paid the same allow- climatic conditions and isolation in the North. ance providing a working week of at least These amounts stemmed from an Australian fifty-four hours is required of those workers Workers' Union District Allowance decision by the particular employer. (38 W.A.I.G. p. 684) which decision was The payment of the allowance to workers based on information gained in respect of not engaged on Increment 1 by some employers certain coastal towns and therein it was ; in the area is regarded merely as an indica- that no consideration had been given to i tion that such an extension of the provision areas or really to areas outside, say, fifty would not be unreasonable. from each of those towns. On the 6, Subject again to what is to follow, hand, the decision recognised the fact that, the Hamersley and Mt. Goldsworthy iron ore workers living in messes and, for instance, projects may be compared with the North- supplied with board and lodging free of charge West Cape project. Each is undertaking what would not meet certain of the costs taken into may toe termed a "crash" building programme account in assessing the rates 'out this award in the north which is of national importance provides for the payment of half of those rates and of some magnitude with a large number when board and lodging is provided by the of men working long hours and generally liv- employer. ing in messes away from permanent townsites 2. The general provisions of the award with the need to construct a town and its faci- issued in 1960 covered the type of work then lities in addition to mining and industrial being performed throughout the State inehid- buildings. It is not unreasonable for the ing- the North and nothing has been rai; workers employed on these projects to be these proceedings to indicate that those g< granted an allowance of the type fixed for the provisions are unreasonable for the usua North-West Cape and by and large no reason of construction work in the North when exists why amounts different from those pre- pared with work in other areas. This com - i scribed for workers at the Cape should be is made subject, of course, to what is <- fixed. In conclusion, the evidence indicates wise said in this decision in relation to certain that the majority of workers employed on claims to alter some of those provisions. these projects already receive at least the 3. The North-West Cape allowance was allowance but not under the award and in fixed to cover the circumstances of a particular view of the aforementioned comparison there case, namely the construction in the North of is no reason why other workers should not be a multi-million dollar project of some magni- paid either the seven dollars or the four dol- tude and of national importance, requiring the lars allowance. employment of many hundreds (or thousanris1 7. To summarise— of workmen on a building programme which (a) The claim for the allowances to be could be described as urgent and in connection Paid to workers on all construction with which the employers demanded a working work concerned with the development week of at least fifty-four hours on a site and improvement of areas north of isolated from permanent habitation. the 26th parallel of south latitude is refused. Such a prescription could be 4. The allowances prescribed in the : applied, to construction work different for Increment 1 of the construction c from the project at North-West Cape communications centre have been or are and whilst it is appreciated that the paid to workers employed at least by the unions desire to legislate for other contractors on other work concerned witl sites which may be opened up in the centre and on the erection of houses and oiner future, such a prescription in the structures in the Bxmouth townsite. The pay- award is not possible when all of the ments are being made whether or not metal particular factors involved are not trades workers are employed, for example, as known. If and when other construc- on Increment 1, but it should be said that it tion sites are established the allowance is obvious why a contractor would pay car- to be prescribed therefore, if it be penters the same rate wherever employed in warranted, can be the subject of nego- the area when it could be said that carpenters tiation between the parties and, fail- whether employed on Increment 1 or 2 are ing agreement, an application may living and working under similar conditions. then be made to this Commission. 5. The allowance was granted initially to (b) The allowance will be extended to all remove anomalies between building workers workers required to work at least and metal trades workers and, if anything, a fifty-four hours per week and em- greater reason exists for the allowance to be ployed on work connected with the paid to other building workers to remove and communications centre at North-West anomalies existing between individual building Cape and including work in the Ex- workers. Subject to what is to follow it would mouth townsite and on work con- be anomalous if this Commission did not pre- nected with the Hamersley and Mt. scribe an allowance of seven dollars for car- Goldsworthy iron ore projects. The penters working on increment 2 which includes allowance was originally prescribed the building of houses and quarters on the for work on a site away from perma- site of the centre and in the township of Ex- nent habitation and it is recognised mouth when carpenters working on Increment that both Exmouth and Port Hedland 1 and living in the same quarters, supplied may be regarded as townsites, but Ex- with the same meals and working under simi- mouth is still in the course of con- lar conditions, are paid that amount by reason struction and in relation to the Mt. of the award. It would follow then that Goldsworthy project a substantial workers employed by subcontractors or other amount of work is being carried out 786 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

away from Port Hedland and it seems deal with each of the matters in dispute whether desirable for all workers living in or not it is a counter claim made on behalf of camps provided by the employer to be the employers. For clarity, the alterations sought paid the same minimum rate. In in each of the subclauses of the existing award will relation to these two projects, some be outlined before the submissions of the respect- thought has been given to providing ive parties are considered. that any permanent resident in either Subclause (a) now states that a worker sent by of the towns, or a worker residing in his employer or one who is engaged or selected or an hotel, should not be entitled to re- advised by an employer or his agent to proceed to ceive the allowance but, subject to a distant job or who is told that work will be what may be said at the speaking to available on such a job shall be provided with the minutes, it was thought inadvis- board and lodging except that a worker required able at this stage to disturb a uni- to supply his own bedding is entitled to an form minimum payment on the job for additional allowance. The unions claim that the the number of men involved, if any, worker concerned should be provided with suitable would be comparatively few. and acceptable board and lodging (which is de- (c) In the minutes an attempt has been fined) or be paid an allowance of twenty-five made to fix the time or the stage at dollars per week in lieu thereof and that he should which the allowance should no longer be paid an extra two dollars per week for out- be payable but in this respect and of-pocket expenses being those expenses additional at the speaking to the minutes, the as- to the ones met by a worker when living at home. sistance of the parties would be ap- The employers seek a continuation of the existing preciated. subclause but only in respect of a worker sent by his employer or who is engaged or selected by his 17.—Protection of Workers' Tools. employer to work on a distant job provided that The Carpenters' Union claims that the employer board and lodging shall not be supplied free of should provide on all jobs, a waterproof and secure charge to any worker absent from work without place apart from the employer's plant or material reasonable cause. and in joiner's shops separate lockers for each Subclause (b) prescribes that sleeping berth tradesman where the worker's tools may be locked accommodation shall be supplied when travelling up when not in use and, by so doing, seek to re- at night but the unions claim that penalty rates place the existing provision which states that the should be paid after eight hours if no sleeping employer shall provide a waterproof and reason- berth is provided and that after arrival at his ably secure place where the worker's tools (when destination a worker should be permitted to have not in use) may be locked up apart from the em- eight hours off or be paid a penalty. ployer's plant or material. This provision was re- Subclause (c) is agreed. cently the subject of an interpretation (45 W.A.I.G. Subclause (d) at present requires an employer p. 297) whereby it was determined that an em- to pay all fares in connection with travelling and ployer had to provide tool lockup facilities to an allowance of fifty cents for each meal during workers engaged on work in joiner's shops unless that period except when a worker is dismissed for those facilities were provided by the worker. misconduct or for incompetency, if dismissed with- Mr. Henley indicated that some discussions had in one week of commencing work, and in respect taken place in relation to the provision of separate of work in the north, requires a worker to pay his lockers for each joiner and submitted that it was own fare to the job which the employer must re- desirable for an obligation to be cast upon the fund after three months and an employer to pay employer to supply a separate cupboard or locker the return fare or half thereof) if a worker is in which each joiner could store his tools with employed for six months (or three months) unless safety. In other respects, no alteration was sought the worker is dismissed for misconduct. The unions to the existing subclause. Mr. Martin advised that seek an allowance of one dollar for each meal, the the discussions referred to by Mr. Henley had not payment of the initial fare by the employer if the really been completed but that in any event the worker agrees to remain on the job for three award should not require employers to provide months and the payment of a greater proportion of a separate locker for each joiner. the return fare when a worker is employed for more This claim will be refused for the information than three months but for less than six months. before the Commission is not sufficient to enable The employers desire the existing clause to remain it to draft a more satisfactory provision than the except it is claimed that no fare should be paid one in the existing award. During the proceed- where a worker is dismissed at any time for in- ings reference was made only to one shop where, competency. on the inspection, it appeared that satisfactory ar- Subclause (e) now provides for a worker's tools rangements had been or would be made in con- to be transported free of cost when a worker does nection with the storage of tools. Whether or not not sever his own contract of service. The unions similar arrangements have been made or are in seek the deletion of this exception. the process of being made at all other establish- Subclause (f) provides that when a worker uses ments is not known and in these circumstances it his own conveyance in travelling, the amount of is felt that in respect of any establishment at the fare which would have been incurred shall which some satisfactory arrangement does not be paid by the employer. The unions seek a pay- exist, the union should discuss the matter with ment of fifteen cents per mile plus travelling time the management concerned. If any difference in cases where no public transport is available. between the parties is not resolved by these dis- cussions within a reasonable time a further appli- Subclause (g) now allows a worker to return cation may be made to the Commission. home at the weekend after three months' service with his fare being paid in certain circumstances 19.—Distant Work. and the unions seek to prohibit such a return The unions and the employers, between them, within twenty-eight days of an annual leave break desire the provisions of the existing clause to be becoming due. altered considerably and it is convenient to now Subclause (h) is agreed. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 787

In addition the unions claim that workers shall of a very low standard. Such a minimum pay- be permitted to proceed on annual leave from dis- ment does not seem to me to be justifiable tant jobs and that all fares and travelling time and I point out to the unions that if the em- involved shall be paid for in addition to the leave; ployer does not himself provide board and that the employer shall pay an allowance of six lodging the worker does not have necessarily dollars to any worker returning home at the week- to go to a place selected by the employer if he end; that workers shall not be left on an isolated considers it of too low a standard. The obli- job unless means of communication or transport gation on the employer is to pay the expenses are available and that union officials visiting pro- reasonably incurred by the worker who can jects in the North should be supplied with free make his own choice of accommodation and as board and lodging and transport. Each of these long as that choice is a reasonable one, will be claims is opposed by the employers who, except as entitled to have the cost paid by the employer, indicated in respect of some of the current sub- but it is clear that accommodation of a low stan4 clauses, desire the existing award provisions to re- dard continues to be supplied by some employers) main unaltered. and the evidence was sufficient to indicate that! One other matter arises in respect of men em- the clause needed to be amended in some way tol ployed on distant work. These workers are pre- cause employers to provide suitable accommoda- , sently covered by the provisions of clause 18—Fares tion. A worker sent to work at a place away from his home is entitled to receive satisfactory board and Travelling Time—but the parties agree that and lodging and should not be required to live workers covered by the distant work clause should under some of the conditions referred to in the have special provisions included in this clause for evidence but the means by which the desired re- travelling between lodgings and the place of work. sult may be achieved by the award is not easily The unions claim payment at ordinary rates for discernible. It may be that for such a reason the- all time spent travelling between the accommoda- Court, in 1960, said the answer to unsatisfactorily tion provided and the job over a distance in ex- accommodation was in the hands of the individual cess of two miles whilst the employers consider worker whether he was sent by his employer to payment should only be made for any time in ex- a distant job or knowingly sought employment on cess of twenty minutes spent travelling to or from a particular job in which latter case the obligation the job. cast upon the employer need not be to provide such The submissions and the evidence presented to a high standard of accommodation. the Commission dealt with the number of the fore- This clause applies to all workers engaged on going claims in general terms. In some instances distant work and, subject to the provisions of clause no mention was made of a claim or the reason 21, it will cover workers sent to large towns in the therefor whilst in other cases the submissions or more populated South Western area of the State; evidence was far from convincing or otherwise in- to jobs in that area away from main towns where sufficient to support an amendment to the award. an employer or his workers may not be able to The claims falling under these headings have been find suitable accommodation irrespective of the refused and it is not intended to refer to them but cost thereof and to men sent to comaratively iso- only to survey the real and substantial case pre- lated areas of the State where the employer must sented by each party on the remaining subclauses provide accommodation which obviously could not and claims. equal the standard defined in the claim. Overall In relation to subclause (a) which formed the the claim would establish more than one minimum substantial portion of the unions' case, it was sub- standard in that it is only in or around established mitted that some of the accommodation supplied towns that the approved and acceptable accommo- on distant work was below standard; that workers dation as defined need be provided if it be available are required to live on the job in rooms and on but the award is concerned with fair and reason- verandahs with little or no furnishings; that under able minimum conditions of employment and this the building trades awards applying in other States clause will cover workers whether they be trans- suitable accommodation must be supplied; that in ferred to a distant job or employed for that job respect of the standard of accommodation, clause alone. 21—Camp Allowance—would apply to workers sent The payment of an allowance should not relieve to work other than at established towns; that only | an employer of his obligation to supply board and primitive cooking, washing or toilet facilities were I lodging and it could be to the detriment of a supplied on some jobs, for instance, when painters worker, and particularly in those cases where satis- "live" in houses being painted and that the in- factory accommodation is now provided, if an allow- tention of the clause could be avoided by employers ance were granted, for an employer could endeavour because a standard of accommodation was not pre- to meet this obligation by paying the allowance scribed. Evidence was given on the type of accom- rather than by supplying suitable accommodation. modation supplied on certain jobs by particular Additionally, the unions suggest the Board of Ref- employers. erence could fix a "fair charge" in those cases Mr. Martin contended that the standard of where a worker is entitled to the allowance and accommodation defined in the claim would be because he cannot find accommodation the em- difficult to meet and that it could not be applied ployer is forced to board and lodge him at a place in practice as a minimum in all circumstances below the stated standard but if this Commission under which workers were required to live away sets a standard, it should not permit a Board of from home. He referred to the decision in respect Reference to alter that standard or to fix a differ- of this award when it was issued (40 W.A.I.G. p. ent allowance or in other words to vary the mini- 667) to indicate that the submissions now put to mum conditions of employment which the Act the Commission were similar to those raised in requires this Commission to determine. 1960. That 1960 decision stated at page 671— The awards applying in other States do contain The union sought a minimum payment of somewhat similar provisions and a summary of £7.7s. per week for board and lodging under these conditions, which is set out below, indicates the clause on the grounds that board and that whilst in all States a provision is made for lodging at present provided, was in some cases, the payment of an allowance, the definition of a (6)—27357 788 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. reasonable standard of accommodation as claimed grounds that it was to this worker that the em- by the unions appears only in the New South Wales ployer had an obligation; that the award should award and it was included therein in 1964 on the not endeavour to prescribe conditions of employ- evidence of an employer's witness (64 N.S.W.A.R. p. ment before the parties entered into the contract 560 at p. 566). between master and servant and that the award should not grant free board and lodging to a Summary of Distant Work Provisions In Carpenters' worker who chooses to move from one job to an- Awards Applicable in Other States. other away from his home. The unions opposed Federal Award. the claim and contended that unless the wording A worker directed by his employer to a distant remained unaltered an employer could avoid pro- job is paid an allowance (twenty-five dollars and viding board and lodging to a worker entitled to twenty cents per week), or a higher amount if he same which was said to be the position prior to can satisfy the employer that a greater expense 1960. was reasonably incurred, to enable him to provide It has already been stated that it is the employer himself with suitable board and lodging provided who sends a worker to the country who should be that where such lodging is not available, the em- required to supply the best available and reason- ployer shall provide a hut or tent and still pay the able accommodation and additionally, it is noted allowance but if suitable board and lodging is that in the 1962 Federal decision, when the cur- provided by the employer, the allowance is not rent Federal Carpenters' Award was issued and payable. upon which the unions placed some reliance, the Queensland. Commission was "not prepared to accept that a carpenter who seeks work distant from his place A worker sent by his employer or selected or en- of residence should be paid accommodation costs". gaged by an employer or agent is provided with However, the employers did not produce evidence suitable board and sleeping accommodation or to show that the present wording had caused paid an allowance (twenty-five dollars and twenty workers not entitled to free board and lodging to cents per week). be supplied therewith. One submission put by Mr. New South Wales. Martin was that some of the wording used in the A worker employed on distant work, which is clause was superfluous and added nothing to the work away from the worker's usual place of resi- words suggested by the employers but if this be dence, is provided with reasonable board and lodg- so then no harm will be done if it remains. In ing or paid an allowance (twenty-five dollars and the whole of the circumstances the only alteration twenty cents per week). Reasonable board and lodg- which will be made is the deletion of the words "or ing is defined as lodging in a well kept establish- agent". If that person is say, an employment ment with adequate furnishings, good bedding, agent, then this clause, as it will be reconstructed, good floor coverings, good lighting and heating in should have no application for it is with the em- either a single or a twin room if a single room is ployer that the contract of employment should be not available, with hot and cold running water. arranged and until it is so arranged, the employer should not be required to provide accommodation. Victoria. Additionally, the employers say that board and As in the Federal award, except that "directed" lodging should not be provided free of cost to a includes the circumstances where an employer ad- worker not ready, willing and available to per- vises a worker that a job is available for him at a form work and whilst, broadly speaking, there distance. can be no argument with this principle, the em- South Australia—-As in the Federal Award. ployer already has the right to deal with any situa- It will be seen that under the Federal award, tion which may arise. No evidence was tendered and in Victoria and South Australia, a worker is by the employers to indicate those occurrences paid an allowance to enable him to provide himself which would cause the claim to be applied but if with suitable board and lodging and if he does not a worker illegally absents himself from his employ- do so, then it must be provided by the employer. ment his services may be terminated and, depend- This provision has been included in the Federal ing upon the circumstances, for misconduct. If the award for over 20 years and the principle involved claim is directed towards those cases in which a has been incorporated in this award for it gives number of workers may not report for work, then clearer expression to the remarks contained in the again dismissal for misconduct could follow or the 1960 decision but before dealing further with this employer could take other action appropriate to the aspect of the subclause it is desirable to consider circumstances. the remaining claims and the counterclaims by To summarise, it will be seen from the minutes the employers. that the wording of the subclause has been The claim for the payment of two dollars for strengthened but that no specific allow- out-of-pocket expenses is refused. To the extent ance has been prescribed. No evidence was intro- that a worker may be required to spend additional duced to support the amounts claimed, except it amounts on personal necessities when living away was stated that in some towns the amounts would from home his expenditure thereon would be more be insufficient, and if the amount of the allowance than offset by the saving which is made on the appearing in the awards applicable in the other- cost of his board at home. No specific reason was States was to be accepted, then those particular submitted for the deletion of the proviso to this allowances should not be separated from the other- subclause which prescribes a payment of thirty- relevant provisions of the subclause. If this were five cents for workers required to provide bedding done, and it is realised that the clause in the Fed- and as the whole of the unions' claim has not been eral award would meet the practicalities of the granted this proviso will be continued but with an varying circumstances in this State and would les- increased allowance. sen the chances of workers being required to live The employers sought to restrict the application in inferior accommodation, it would apparently of the clause to a worker sent by an employer to suit neither of the parties, who for one reason or a job or one engaged or selected by an employer another, do not consider such a provision desir- (and not his agent) to proceed to a job on the able. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 789

In subclause (d) the unions advanced no reason those subclauses namely that the employer should for an increase in the allowance for meals incur- assist the worker to meet the cost of a return home. red when travelling and claimed that for work Furthermore the employers desire the existing sub- north of the 26th parallel as with other work the clauses to remain and thereby recognise the prin- employer, rather than the worker, should pay the ciple but in objecting to this claim really con- initial fare but on the understanding that the tend that it is only reasonable when the worker worker would remain on the job for at least three elects to return home once in each three-monthly months. Generally speaking an employer should period. be required to pay the cost of any meal reasonably In my view the claim should be granted at least incurred when travelling and the award will pro- in principle but having regard to other provisions vide accordingly and similarly the employer should contained in this clause and elsewhere throughout pay the fare of a worker proceeding to a job whe- the award. It seems to be in the interests of the ther it be in the North or elsewhere. employer as well as the worker if a weekend visit The employers submitted that a worker whose to home is possible and, in circumstances where the fare had been paid may not remain in employment employer provides board and lodging and should for a period of three months and the provisions not be required to meet accommodation expenses of the new subclause have been drafted with this over the weekend, such a visit should not impose in mind and to limit the number of occasions upon a greater financial burden on him. An amount of which an action for recovery of the fare may need four dollars has been prescribed for nothing was to be taken employers in the North will be per- said to support the fixing of the allowance at six mitted, under clause 10—Payment of Wages—, to dollars and four dollars seems proper in view of keep three days' pay in hand. the weight given to the New South Wales decision. The employers' claim that workers dismissed at Allowance for Travelling. any time for incompetency should be denied the benefits of the subclause is refused. A period of The Commission is asked to fix the amount to be one week on the job as at present prescribed paid to a worker covered by this Distant Work should be a sufficient period in which to judge clause for the time spent travelling between the the competency of an individual worker and the place at which the worker is boarded and his place Commission was not advised of any difficulties aris- of work. No question arises as to the need for a ing under that provision. payment under some circumstances and for that The existing subclause (e) has been deleted and reason it is only necessary to consider the submis- the cost of transporting a worker's tools has been sions put by the parties relating to the occasions treated as part of the worker's fare. The tools upon which a payment should be made. required by the award to be supplied by a build- The unions refer to the provisions of clause 18— ing tradesman must be transported with that Fares and Travelling Time—which prescribe that worker in order that he may perform his work in the country workers on jobs outside a "free and the conditions under which an employer should radius" of two miles are paid fifty-two and a half pay for the cost of that transport should be the cents per day and ask that outside of this radius same as those under which a worker's fare is paid. all travelling time should be treated as working time The unions claim that an allowance of six dol- and paid for accordingly. The employers distin- lars should be paid to a worker who works as re- guish workers covered by the Distant Work clause quested during the ordinary hours of work on the and travelling to the one job from those workers working day before and after a weekend and who for whom the provisions of clause 18 were designed returns home at the weekend following a notifi- and request that payment should be made for ex- cation to the employer. It was submitted that cess travelling time only. some workers were able to return home from jobs In view of the wording of subclause (a), the pay- situated reasonably close to home and that some ments to be prescribed by this subclause will apply provision should be included in the award to cover only to those workers required by the employer to such instances and to require an employer to pay live at some distance from the job and before an allowance on those occasions. Mr. Henley re- dealing with the matters in dispute it is necessary ferred to a decision of the New South Wales In- to refer to some of the circumstances involved dustrial Commission which dealt with and granted when a worker is sent by his employer to a distant a similar claim (Volume 64 N.S.W.A.R. p. 560). In job. In all cases'a worker may not be boarded that decision it was said— in the vicinity of the job and in those cases the . . . The case put by the union was that em- employer should provide transport rather than re- ployees desire to return home, where possible quire the worker to find his own way to the job at the weekend, and that this is frequently and in instances where public transport is generally done in circumstances where it involves no loss not available./When transport is supplied, the roads of working time. When the employee does this, or tracks over which travelling is necessary will be he necessarily incurs travelling expenses, fares, of varying standards and the time taken to travel meals and the like and . . . When he does this, the distances involved will vary accordingly and for the employer is benefited to the extent that he this reason a measure of time is preferred to de- does not have to pay hotel accommodation termine excess travelling rather than one of dis- costs for the period ... I fully accept the tance suggested by the unions. view that men should be able to return home A consideration of the reasons for the prescrip- at weekends. I am further satisfied that when tion of a Fares and Travelling Time clause in the the man does this, the employer receives a Building Trades' Award, when such payments are benefit from it . . . not generally made to workers going to work, is The unions' submissions on this claim were brief of assistance in deciding this issue. In this industry but subclauses (g) and (h) of the existing clause construction jobs are carried on for relatively short already provide for workers returning home from periods and in different areas and those jobs can- distant jobs and under certain circumstances re- not be established as a worker's permanent place of quire employers to make certain payments in con- employment in relation to his place of residence. nection therewith. The additional provision now Therefore, building construction workers cannot sought is in accord with the principle reflected by select a place of living in the vicinity of the job 790 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. and are required to travel varying distances and to Application No. 256 of 1865 and Counterclaims by meet different expences from time to time and the Employers. even from day to day when proceeding to and from Certain of the remarks contained in the fore- work. It is in these circumstances that a special going apply to these claims and will not be re- and average payment is prescribed in clause 18 for peated nor will any reference be made to those all construction workers but the conditions referred amendments sought in the application as filed but to above do not exist in relation to'a worker which were not pressed. covered by the Distant Work clause/in that he/is sent to do work on a particular job and his place 8.—Preference to Unionists. of living is fixed in relation to that job. To some The employers seek to delete the Preference to extent he may therefore be compared with a worker Unionists clause from the award but no special going from his usual place of residence to a perma- reason was advanced to show why this award should nent place of employment but on the other hand, not contain a clause in the terms thought to be on distant work, the employer may require a worker desirable by the Commission in Court Session for to find his own way to work and generally when industry at large. That clause will be embodied he would have no means of transport or to travel in the award. an excessive distance to the job and in such a The unions did not oppose the inclusion of that case a worker should be entitled to some compen- clause in the award except it was submitted that sation for the time and any expense involved. the clause should refer only to financial members In the first place it does not appear unreason- of the union. By so claiming it was the desire of able for a worker to walk a short distance from the unions for preference to be given only to those his accommodation to the job but beyond that workers who were currently financial and in addi- distance, and generally in the absence of public tion to cast an obligation on the employer to check transport, the employer should provide suitable whether a worker had paid his union fees or risk transport or pay an allowance in lieu thereofjP The being found in breach of the clause. This altera- clause will provide accordingly but if a worker is tion to the usual clause is refused for that clause required to spend an excessive amount of time in which is now included in a number of awards of travelling, he should also be paid for that time at the Commission should only be altered in special ordinary rates of pay. The Commission has been circumstances and such circumstances cannot be given little assistance in determining a period which seen to exist in this industry. It is in the hands could be regarded as excessive but it should be no of a union to collect fees, to sue its members for less than the average time spent by, say, a joiner unpaid fees and to strike the name of any worker in travelling from his home to his usual place of from the roll of members if the fees are not paid employment. That time would, in all probability, within the prescribed period. be reasonably close to the period of twenty minutes suggested by the employers and for this reason 10.—Payment of Wages. that period of time has been allowed. In addi- The employers claim that a worker dismissed for tion the radius of twelve miles in which the basic misconduct, in addition to one who illegally termi- allowance prescribed in clause 18 has application nates his service, should not be entitled to be paid would tend to support such a time in that it is his wages before he leaves the job and that where only beyond that radius that the additional pay- it is impractical for the employer to pay wages on ment of five cents per mile need be made. the day, any wages due may be posted to the 21.—Camp Allowance. worker's address on the next working day. The unions seek a number of alterations to the Mr. Martin submitted that an employer in this existing clause, all of which are directed towards industry should not be required to keep money improving the conditions under which building available on the job in case a worker may be dis- workers are required to live on the job. missed for misconduct and that in other cases, The evidence, supported by the inspections, re- where, through reasons beyond his control, an vealed the vastly different conditions under which employer is unable to pay wages on the day upon workers are required to live in tents and the award which the employment is terminated, he should not will be amended to prevent a continuation of those be placed in breach of the award. The unions were conditions well described by Mr. Henley as being concerned that if the claim were granted, the "shocking". Subject to this alteration in the clause would not provide specifically for the pay- wording, the clause will not prevent an employer ment of wages to workers dismissed for misconduct from supplying accommodation in tents but the and that any amendment may deprive a worker of allowance payable to workers living therein will his due wage or cause the payment thereof to be be increased so that the worker will be properly delayed. compensated. At the same time the rate should The claim will be granted in principle. An not be attractive to the employer to cause him employer should not be in breach of the award to so accommodate his work force and. it is ex- if he fails to pay a worker, dismissed for mis- pected that by this means the standard of ac- conduct, on his last working day. In respect of commodation will be raised but without prohibiting such a worker and one leaving without notice the the use of tents which at least in certain areas employer is similarly placed in that in neither case of this State and in the circumstances of some could he be expected to know that the employment jobs do provide suitable accommodation. of the worker would suddenly cease. Therefore, he The present allowance has remained unaltered could not take the steps necessary to have funds at least since 1948 and, irrespective of the other available from which to pay any wages due. How- considerations raised during the proceedings, the ever, a worker dismissed for misconduct and, for allowance would need to be altered having regard the first time, a worker who illegally severs his to an increase of more than 120 per cent, in the contract of service, should have any wages due price index over the period. forwarded by post on the next working day. In An allowance of two dollars is fixed. addition, an employer should not be placed in The provisions claimed in respect of meal rooms breach of the award if he fails to pay on the last and toilet facilities are refused. The inspections working day for any reason beyond his control revealed that overall the meal rooms and facilities and the payment by post on the next day will pro- now provided are not unreasonable. tect the interests of the individual worker. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 791

14.—Special Rates and Provisions. that the appropriate marginal rate for the average The employers seek to reduce the special rate tradesman is still to be fixed, the other conditions for wet work and for repairs to ovens or furnaces of the award and the employers' claim, an allow- or on underpinning from ten per cent, to one of ance of six cents per hour will be prescribed. The five cents per hour on the ground that the rates attention of the parties is drawn to the wording should be brought into line with other special rates of the clause agreed between them which now refers prescribed in the clause and also seek to delete to "refractory repairs". The intention of these provisions dealing with sanitary arrangements, words is not clear, for the word "refractory" may electrical sanding machines and the Inspection of be used to describe substances, such as bricks, which Scaffolding Act. are specially resistant to heat or corrosion and in The provision dealing with wet work has been the dictionary is defined also as meaning stubborn deleted for reasons previously expressed so that it and hard to fuse or work. This provision should be is only necessary to determine the proper rate for discussed at the speaking to the minutes. work on oven or furnace repairs and on under- In relation to the claim to delete certain pro- pinning. Evidence was not called by the employers visions from the clause, namely, the award require- nor was the work inspected but, in view of the ment placed on employers to comply with the pro- submissions by the unions in respect of this pro- visions of the Health Act in relation to sanitary vision and others in clause 14, the claim should arrangements and the inspection of Scaffolding Act not be dismissed for those reasons and particularly and to do certain things in relation to electrical when factors said to be involved in respect of this sanding machines, the employers submit that each matter will be otherwise compensated in the award matter is well covered by other statutes and that at least to some extent. this Commission should not interfere with the The awards of the other States included in administration of those statutes. It is accepted Exhibit 42 have been examined and in Queensland that this Commission should be loath to prescribe twenty cents per day is prescribed for underpinning conditions such as these in its awards whether and either time and a sixth or time and a third or not an employer would be liable to a double for oven or furnace work if second hand bricks are penalty for the same offence and I have so ex- used or the work is carried out at a temperature pressed myself in other decisions, (45 W.A.I.G. p. exceeding one hundred and ten degrees fahrenheit. 581 at p. 587) but in the award applicable to this In New South Wales, nine cents per hour is paid industry, the Court has found it necessary to in- to workers engaged in repairing boilers, flues, clude the particular provisions and from what was furnaces, retorts and kilns. In Victoria, construc- seen during the inspections, at least in relation tion bricklayers are paid one dollar and eight to one of the matters, not without good cause. cents per week extra on underpinning and, depend- These claims are refused. ing upon the temperature, either four dollars and thirty-three cents or seven dollars and seventeen 30.—Representative Interviewing Workers. cents extra for repairs to ovens and furnaces, in The employers seek to restrict the entry of union South Australia five cents per hour is paid for officials on to the job to meal hours unless a dis- repair work on ovens and furnaces and two cents agreement exists, or is anticipated, in respect of any per hour on underpinning. Some of these rates award provision and also the right to refuse any incorporate special allowances for high temper- particular official right of entry if it is considered atures and it will be noted that there is no uni- that the official is creating dissatisfaction or is formity between the States in respect of the work offensive but if that refusal is disputed, subject to upon which special rates are prescribed and the the matter being taken before the Board of Refer- level of those rates. ence. The unions oppose the claim on the grounds that The award now grants a union official free access the work requires additional skills and involves to any job at any time and the unions maintain special disabilities and the history of the provision that such a provision is necessary in the building was outlined with reference being made to the rates industry to enable officials to perform their tasks paid in several other States. A bricklayer, em- and to protect the interests of works in the in- ployed by the State Electricity Commission and dustry. The employers referred to the right of engaged upon furnace work, gave evidence in entry provisions generally contained in other respect of that work in relation to the additional awards; the need for an official to act properly in skill required by bricklayers; the dirty and dusty carrying out his duties and the desirability of with- conditions under which the work was performed drawing the right of entry of any person abusing and its effect on health. The witness maintained the rights otherwise conferred by the clause but that the work performed under this award was a evidence was not advanced to show any abuse of little more difficult than S.E.C. work, but this view the existing provision nor to indicate that sufficient was expressed on the witness's general knowledge grounds existed to cause the present right of entry of the trade and on what he had seen because he to be restricted. had worked for the State Electricity Commission for over twenty years. The claim as filed will be refused but the em- Under the S.E.C. Award, a bricklayer receives an ployer is entitled to know when a union official (or additional seventeen cents per day for furnace any other person) is on the job if only for safety work and on underpinning as well as for wet work. reasons and the award will provide accordingly. This rate was apparently adopted from the Gov- ernment Building Trades Award in which it was 36.—Prohibition of Females or Junior Workers. fixed at that amount by Mr. S. P. Schnaars, Con- Clause 36 now prohibits the employment of ciliation Commissioner (as he then was) in 1962. females or junior workers, other than cadets or In that 1962 decision it was stated that the rate apprentices, on any work covered by the award un- "is more in keeping with the general rate applied less the union agrees to that employment and the to this class of disability". adult male wage must be paid to any such worker. The evidence in these proceedings indicates that The clause also provides that the male wage shall a rate somewhat higher than this seventeen cents be paid to boys not registered as apprentices within per day should be prescribed and keeping in mind a certain time. 792 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

The employers seek alterations to the clause to No provision for their employment is made in permit junior workers to be employed as assem- awards governing the industry elsewhere in blers in joiners' shops and as builders' labourers, Australia and they have never, as a normal and to delete those sections of the clause which practice, been employed in the industry in this require the adult male wage to be paid to boys State. I would prohibit their employment and whom the employer intends to apprentice when provide that if employed in defiance of the the registration of that boy is not completed with- prohibition, they should be entitled to the male in the period laid down by the Apprenticeship tradesman's rate. Regulations. Mr. Martin submitted that the em- The decision of the Court of Criminal Appeal was ployers should be permitted to employ junior no doubt the one dated the 15th October, 1957 workers if adult assemblers were allowed to be (37 W.A.I.G. p. 524), in which reference was employed in joinery shops and the union con- made to Part VIII of the Industrial Arbitration Act cerned agreed that this claim should be regarded which deals with apprentices and to the regula- as a consequential one. tions made thereunder and when it was said— No submission was advanced in relation to Dwyer, C.J. . . . Pietrola was desirous of be- junior builders' labourers and this claim is refused. coming an apprentice and commenced work The clause has been reworded to prohibit the em- with appellants. If he had become an ap- ployment of junior workers and females except in prentice his pay would have been according to the circumstances where an agreement is reached the apprentices' scale and he has been paid with the appropriate union in which case the adult in excess of the first year rate but his employ- male wage is possible. The award will not provide a ment did not continue for three months; he rate for any work which is prohibited. never completed the probationary period and In respect of junior workers not registered as therefore remained a probationer. apprentices within the stated time, the employers The appellant firm has apparently commit- contend that a failure to register an apprentice ted a breach of the Act in not registering his as required by the regulations should be treated apprenticeship, but that is not the matter only as a breach of the award and that an em- here in controversy. ployer should not have to pay the wage for a It appears illogical to hold that in such cir- skilled tradesman to an unskilled junior just com- cumstances Pietrola becomes entitled to the mencing to learn the trade. The unions sought wages of a fully qualified worker. A similar to retain the existing provision and submitted that question came before the Pull Court in 1926 boys had been employed in the industry for many (see Hearn v. Furniture Trades Union 28 months without employers making an attempt to W.A.L.R. 123). I think that decision is register them as apprentices; that time at the rational and should be followed . . . technical school is lost when boys are not regis- Wolff, S. P. J. . . . Both the Industrial Magis- tered as required; that the interests of the boy trate and the Court of Arbitration accepted the needed to be protected; that the apprenticeship the position that Pietrola was engaged by the system should be preserved and that penalties for appellant with a view to apprenticeship a breach of the award were not sufficient to deter . . . once it is conceded that he was working employers from failing to register an apprentice. during a testing period with a. view to appren- An example was given of a case in which an em- ticeship, he is no more entitled to the full ployer had employed a lad for some time with no tradesman's wages than the apprentice who intention of entering into an apprenticeship agree- has not qualified under his agreement, but ment. who nevertheless does useful work and is The Commission's standard Apprenticeship frequently as skilled as many tradesmen en- Regulations, which apply to most of the apprentices titled to receive the full wage . . . covered by this award, prescribe that no minor, I think that of the two views propounded the being a person not less than fourteen years of age more reasonable one is that the award does and not more than eighteen years of age, who cus- not make provision for the wages of a proba- tomarily works under the direction of or in asso- tioner whose probationership does not mature ciation with an employer, master or journeyman into apprenticeship and therefore the appellant upon the material and with the tools or implements was not obliged to pay the probationer full used in the industry, shall be employed or engaged wages. in an apprenticeship trade in the industry, except If the appellant is to be punished it is not for subject to the conditions of apprenticeship or pro- failing to pay the wage of a journeyman but bationship; that every apprentice shall be employed for breaking the award by failing to register on probation to determine his fitness or otherwise the probationer. ... for apprenticeship and that an employer, taking an In the present case it is said that the boy, not apprentice on probation, shall within fourteen days being duly registered as an apprentice, must thereafter, register such probationer with the Com- be classed as a worker under the Award, but mission. The award provides for the attendance of in view of the intention of the parties when he an apprentice at an approved technical school dur- was taken on, I think the reasoning in Hearn's ing four school years, and for the making up of case applies. Pietrola was, in my opinion, at any time lost during such training in the fifth year all times a probationer, although he was with of apprenticeship. the appellant for about 10 weeks. I do not Clause 36 was inserted in the award in 1960 and consider there is any evidence which supports it was then said— the proposition that there had been a change . . . This award has never provided for the of status by abandonment of the original idea. employment of juniors or females but the Jackson, J. ... on these facts the Industrial Court of Criminal Appeal has held that if such Magistrate dismissed the complaint, and I have workers were employed no breach of the award no doubt that he was largely influenced by the was committed and they could be paid any decision of this Court in 1926 in Hearn Bros. v. wage fixed by the employer. In my opinion Furniture Trades Union ... In a short judge- this is not an industry in which such employ- ment, with which Burnside, J. and Draper, J. ment of either juniors or females is desirable. agreed, McMillan, C. J. said, "The Magistrate 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 793

found as a fact that it was the intention to had been cut to size by a woodworking machinist apprentice the lad and it seems to me that the was placed in a metal jig for cramping, and, when offence which was committed was the offence held together with metal fasteners, this formed of not registering him as an apprentice." Al- the door frame. Then, by the application of glue, though it is put very shortly, it is obvious, I plywood sheets were attached to that frame and to think, that the Court held that once it was ribs placed loosely within it and pressure applied established that the intention was to apprentice in a press to form the door. The door was then the boy, he was not, merely because of non- sized on a machine operated by a machinist, registration as a probationer, entitled to a returned to the door section for the edgings to be journeyman's wages. ... attached with an air operated nailing machine, and This decision has been quoted at length for it finally trimmed and sanded. The witness also dealt establishes that when a minor is not registered as with the techniques introduced in the manufacture a probationary apprentice the intention of the par- of products which required a flat wooden surface, ties to the contract must be ascertained to see such as those developed in the furniture industry, whether or not the employer has breached the and stated that of the five workmen who were award by failing to register a probationer within engaged full time in assembling flush panel doors, the prescribed time. If the circumstances show that only the leading hand, a cabinet maker, had trade this is not the case then the award should estab- experience. Of the other four, one had previously lish an entitlement to the adult male wage for it been employed on tractor assembly, another had envisages workers on trade work being paid either been a drainer's assistant, the third an upholstery the full male rate or the rate prescribed for an ap- cutter and the fourth a farmer, but he had worked prentice. in the plywood section of the witness's business, The submissions of the parties were directed in and all had become proficient in the work required the main towards those cases in which there was within a few weeks. Finally, the witness made a an intention to apprentice and in such a case, an comparison between the work on flush panel doors employer should carry out the requirements of the and work in the manufacture of articles in the Apprenticeship Regulations and register the proba- furniture industry, being that work upon which tionary papers and later the Apprenticeship Agree- semi-skilled workers may be employed. Under cross- ment within the prescribed time or otherwise be examination, the witness, who had served an ap- called upon to pay the penalty which the legislature prenticeship and who had since been connected has thought fit for that offence subject to the with apprenticeship training, supported the appren- discretion of the Industrial Magistrate. It is recog- tice ship system and the employment of tradesmen nised that the interests of the apprentice must be on trade work but considered that the type of protected; that the full period of technical school assembly work involved was ideal for semi-skilled training should be allowed and the merit of other workers and for emphasis he instanced the use of submissions raised by the unions, but in these that class of worker in the furniture and engineer- respects other award provisions, for instance, the ing industries. requirement to attend technical training should Mr. Henley contended that the rights of trades- not be overlooked and the payment of a higher wage men and apprentices should be preserved; that the is not necessarily the solution to all of the matters employer who gave evidence and who was engaged raised. mainly in the furniture trade appeared to be the The clause will be amended but only to the extent only one concerned with the claim; that if the necessary to give effect to the foregoing. application were granted it could be the first step in the introduction of semi-skilled workers through- 9.—Wages. out the whole trade; that the trade of carpenter The employers seek a new classification of assem- and joiner should not be divided by introducing bler in joiner shop (i.e. a worker employed in fitting classifications for semi-skilled workers which could together by nailing, screwing, glueing or fixing in affect the opportunities for the stable employment any manner prepared parts of timber including any of tradesmen and apprentices; that tradesmen had necessary trimming) with a margin of six dollars done stock joinery work for many years as one of and fifty-five cents which claim is opposed by the their normal duties and in doing so carried out sim- Carpenters' Union on the ground that the work in- ilar work to that outlined in respect of flush panel volved should continue to form part of the work of doors; that at a recent enquiry into training for a tradesman. the building industry the employers had given no Mr. Martin submitted that assembly work could indication of a desire to sectionalise the trade; that be performed on a line of production or mass pro- the employer concerned in desiring to employ duction basis by persons without training and assemblers was not acting in accord with the experience in the trade; that for many years general practice of the joinery trade and that simi- persons other than tradesmen had been engaged in lar applications had been refused in the past. the assembly of flush panel doors; that in the furniture industry semi-skilled workers perform The submissions and evidence in support of the similar assembly work and other work in wood application only concern the assembly of flush panel which was previously carried out by tradesmen; doors and nothing else was raised before the Com- that work done in the past by tradesmen or by mission to indicate that any amendment to the workers entitled to be paid the tradesman's rate award should apply to other articles. In this con- should not, for that reason, always be performed text it appears that, generally, employers do not by those classes of workers and that the Commis- desire to employ workers on a mass production or sion should fix a proper rate for an assembler in line of production basis or it may be that em- a joiner's shop in the same manner as it would fix ployers may not be able to do so in that the work a rate for the work being done by other classifi- required in most joiners' shops could be so varied cations of workers. An employer engaged in the that skilled workers with trade experience must manufacture of flush panel doors gave evidence, be employed. Whatever may be the situation the which was supported by an inspection, of the work application for a classification to cover the assembly as carried out in his establishment. That evi- of articles other than flush panel doors will be dence and the inspection revealed that timber which refused. 794 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

In view of the submissions put by Mr. Henley, The Federal Carpenters' Award prescribes a mar- the background of the claim in respect of the gin of seven dollars and thirty cents for carpenters assembly of flush panel doors needs to be consid- engaged in the assembling and/or cramping and/or ered. The application was filed with the Commission glueing and/or dressing after assembling of pre- on the 6th July, 1965, by way of a counterclaim pared (i.e. dressed, mortised or tenoned) pieces of embodied in the employers' answer to the unions' timber for the manufacture of any article and application for increased marginal rates and al- for carpenters engaged in other joinery work pro- lowances. On the 24th August, 1965, the Industrial vided such work is carried out in a workshop not Magistrate held that workers employed by a furn- located on an "on site" building project. This iture manufacturer to perform this work on flush provision, or a similar one has appeared in Federal panel doors were doing the work of carpenters and awards for many years. In 1922, carpenters on joiners and that the employer was bound by the stock work were paid a lesser wage than other terms of the Building Trades' Award. The workers carpenters (16 C.A.R. p. 1136). In that award, concerned were then being paid under the Furni- carpenters making stock work were defined as per- ture Trades' Award. That decision was upheld by sons making stock doors not larger than seven the Industrial Appeal Court in December, 1965, feet by three feet by two inches, double insertion (46 W.A.I.G. p. 23). It follows, therefore, that a moulded or ledge doors of the same size, stock furniture manufacturer should have the right to sashes not larger than six feet by three feet by cause an application to be made to this Commission one and a half inches or stock frames for same, for an amendment of the award which covers his ladders, stepladders, skirt ironing boards, shirt employees. Furthermore, this Commission should ironing boards, boot cutting boards, paste boards, not refuse a claim merely because a number of wit- clothes horses, fly wire doors, fly wire windows, nesses are not called to give evidence for if a claim tree guards, dog kennels, wheelbarrows, and water is justified it should be granted and in respect of closets (other than pedestal seats). In the deci- this claim whether or not all employers desire to sion thereon it was said that a carpenter was a avail themselves of any provision to be included in highly skilled tradesman and particularly one em- the award. ployed on a building, "but there is a class of em- ployee who is termed a carpenter and who is not Before continuing it is desirable to refer to the entitled to this margin for skill. There is a class earlier decisions referred to by Mr. Henley and to of man in the timber yards who is employed on the award conditions in other States. In 1938 (18 work known as stock work. This is putting to- W.A.I.G. p. 526 at p. 528), the Industrial Board gether stock doors, stock sashes and work of a dealing with various Building Trades' Awards, re- similar nature. The bulk of the work is done by fused a claim by the employers for a classification machinery and the carpenter, who fits the mate- of a stock hand (joinery) and in the decision it was rial together, does not necessarily possess the same said— degree of skill as a carpenter doing general work. The claim for the stock hand in the joinery I have inspected the work done by these em- section was not supported by evidence. The ployees. It does not require the degree of skill evidence shows that in a small degree one es- as is required by the work done by a general car- tablishment was doing certain stock work but penter ..." there was nothing like the volume of work or In a 1940 decision in connection with the Fed- any guarantee of a potential volume to justify eral Carpenters' and Joiners' Award (42 C.A.R. the making of a special classification in this p. 472) a reference was also made to the stock regard ... carpenter— Coming now to the question of skill the con- The present claim, supported by the evidence ditions in the industry today are generally the which was clarified by an inspection, showed that same as those existing in 1936. The em- the volume of work in one establishment was suffi- ployer's representatives have submitted that cient to justify a special classification. No in- in the joinery shops, much of the work is now formation was made available in respect of the assembling only . . . These submissions are to work in other establishments. In 1956, the Queens- some extent true, but on the other hand there land Industrial Court dealt with an application is much evidence that in order to be regu- to amend the Building Trades Award and refused larly employed a carpenter must be able to do to include therein a separate section to cover semi- any kind of carpentry work . . . and that skilled workers of an employer engaged exclusively workers in joinery shops are at times expected or mainly in the manufactture of joinery. (41 Q.I.G. to be able and are engaged to do fixing work p. 1210). That application was dealt with on the on the jobs . . . principal ground of a change of circumstance It will not be denied that some of the opera- brought about through a change to mass produc- tions of carpenters call for a very high degree tion and it was refused for the reason that the of skill and that others call for considerably Court was "not convinced that any "change of less. A carpenter has a five year apprentice- circumstances" brought about by the factors men- ship and technical training; his general know- tioned in this industry in Queensland has yet ledge must cover the various branches of his reached such a stage as to call for a revision of calling; he must know the functions of his the award in the manner applied for". A num- tools and how to handle such tools with accu- ber of other matters, relevant to this application, racy and speed; he must exercise his own were discussed in that decision and have been judgment and the work he performs is re- noted. sponsible work. The different types of work which a carpenter is called upon to perform The position under the awards applying in other have to be taken into account when endeav- States is set out hereunder. In this respect this ouring to fix a flat margin for the average decision is now concerned only with the assembly standard of the craft but at least equal im- of flush panel doors and in the absence of any portance must be given to the necessity of information as to the award coverage of this work possessing those basic qualifications without in other States, it has been assumed that such work which a carpenter could not carry on his craft would be covered only by Building Trades Awards. at all. 795

. . . Another factor which tends to reduce approach to the Commission and by so doing the standard and margin below the maximum enable it to frame a classification to apply to the is the fact that a not inconsiderable number assembly of flush panel doors but only when car- of carpenters do in fact earn their livelihood ried out on a basis similar to that viewed in these either as concrete form makers or as assem- proceedings. blers in joinery mills only and their work does The minutes of the proposed order will now not entitle them to as high a margin as the issue and the speaking to the minutes will be held carpenter doing more skilled and difficult as soon as convenient after a copy of the consolida- work . . , ted award is forwarded to the Commission but not I order that the award be varied to sub- within two days of the date upon which that con- stitute the margin of 28s. 6d. for the present solidation is x'eceived. margin of 27s. plus, of course, the existing tool allowance of 2s. 6d. There will not be any The 16th day of June, 1966. increase in the margin of the stock work carpenter. (That margin was then 19s.) Delivery of Consolidated Award. In Queensland, a joiner in a factory where the THE COMMISSIONER: In the preliminary judg- employer is exclusively or mainly engaged in the ment delivered on the 18th of May, 1966, the mar- manufacture of joinery for sale is paid one dollar ginal rate for tradesmen was not determined for the and fifteen cents per week less than other joiners reasons then expressed and the following remarks but it is not known whether that difference is deal firstly with that rate and then with the other brought about by reason of the margins prescribed matters to which a reference needs to be made or whether allowances payable to other joiners following the speaking to the minutes. have no application to joiners in such establish- ments. In Victoria and in South Australia but only Marginal Rate. outside the Metropolitan Area, the relevant awards It should be said firstly that the preliminary follow the terms of the Federal award. Eleswhere judgment outlined the genei'al attitude adopted by in South Australia and in New South Wales, the the parties in respect of the marginal rate and particular awards only contain classifications for discussed briefly certain of the factors to be taken tradesmen. into account in fixing that rate. Next, in support In view of my final conclusion, it is not intended of the marginal increase (and other wage increases) to deal at length with the various submissions of general arguments were put forward by the unions the parties except to state that with changes in and mention need now only be made of the sub- work procedures and the introduction of machines, missions and evidence relating particulax-ly to the work, which previously required the skill of a marginal rate and to which a reference has not tradesman, may now be done by other workers already been made in the preliminary judgment. after little or no training. Examples of this may be In his opening submissions, Mr. Henley stated seen in the engineering industry and in the furni- that the unions were aware that the mai-gins in tux-e industry. In such cases it would be wrong to this State had been influenced by margins fixed prescribe that a semi-skilled worker should be in other States and for this reason he said en- paid the same rate as a tradesman merely because deavoux-s had been made to persuade employers the manufacture of the article once required the to make over award payments to recompense skill of a tradesman or for the same reason to rule building tradesmen for the work performed. It that only a tradesman should be permitted to was said this approach was adopted because addi- carry out the work. The matters raised by Mr. tional payments were being made to building Henley have been carefully considered but, in my tradesmen in other States but as that approach opinion, the work described in the evidence and had met with limited success the unions had de- viewed on the inspection is work for which a special cided to come to the Commission. (In connection classification should be inserted in the award and with the north-west allowance, the unions strongly with a margin less than that prescribed for a trades- submitted that in the north the different payments man. However, on the information before me, it is being made in excess of the award rate had been not possible to formulate a general classification to productive of industrial discontent.) Mr. Henley cover that work in all establishments without pos- also referred to certain amounts said to be paid in sibly depriving a worker of his just wage when he the other States in excess of the award rate and to is employed in connection with the manufacture the increased margin for building tradesmen in of flush panel doors in establishments other than Queensland. The position in Queensland is of no the one inspected. In this connection the decision assistance to the unions in this matter in that of the Commission dated the 13th October, 1964 certain over award payments in the engineering (44 W.A.I.G. p. 728), indicates that, in the industry industry in that State had caused the marginal at large, different methods of manufacture could rate for metal tradesmen to be increased and then, be followed and whilst that decision supports the because of past relationships, building tradesmen conclusion which I have reached in respect of one were granted the same margin. If over award pay- establishment, it sounds a note of warning that ments were to be taken into account in an applica- some regard needs to be paid to the work in other tion, not concerned only with a consideration of the establishments before an endeavour is made to general economic state of industry as a whole, to phrase a general classification such as that now indicate the true value of the work performed in claimed. the building industry then that principle could It should be said that some consideration has only be applied in respect of over award payments been given to that section of the Act which pex-mits being made within the building industry. This the Commission to inform its own mind but that would follow, for if such payments were made in action did not seem to be appropriate in these one industry and not in another it could only in- circumstances and a classification of assembler has dicate, in assessing "work values", that the margins not been included in clause 9 but as a prima facie should differ, that is of course, if it was proper to case was established, which in other circumstances take over award payments into account in fixing would be sufficient to cause liberty to apply to be the precise level of a margin on that "work value" granted, the employers are free to make a further basis. 796 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

In addition, Mr. Henley submitted that the total relevant to a consideration of the claim and par- wage of a carpenter was not sufficient for him to ticularly when the unions' submissions indicated attain the standard of living reasonable for a that the opinion was firmly held that even if the tradesman who was forced to "chase" over award award rate was raised because of those payments, payments and overtime to enable him to maintain endeavours would be made to persuade employers a satisfactory living standard; that a tradesman to grant additional payments; that it had not should be able to afford to keep his children at been shown that the reasons for any additional school longer in order to obtain a higher education amounts being paid in the other States existed in for the skills required by industry; that the this State; that to compare award wages with scattered nature of the work in the industry re- award wages to which over-award payments had quired a tradesman to travel to work by car rather been added was not to compare like with like; that than in public transport; that the development of the prosperity, if any, of a particular industry the building industry with multi-storeyed buildings should not be taken into account in fixing a mar- and large industrial structures required a ginal rate when regard had already been paid to higher standard of training; that the de- that prosperity in considering the basic wage and mand for skilled labour was acute with a the general level of margins, and furthermore, in shortage of tradesmen in the building in- any event, the unions had not produced material dustry; that, notwithstanding the increased de- sufficient to show the economic capacity of the mand for labour, union membership was not re- building industry; that any increase in produc- flecting that demand and carpenters were leaving tivity, if it was capable of being measured within the trade; that, comparatively speaking the price the building industry, had already influenced of labour was fixed and did not move when the wage movements throughout all industry; that price of other articles fluctuated; that the skill of matters concerned with the cost of living were a tradesman is needed and important in more germane to a consideration of the basic the development of the State and a worker wage by the Commission in Court Session; that with that skill should be compensated in a compensation for travelling to the job was pro- reasonable manner; that statistics showed the in- vided for in another clause, not indispute in the creased productivity of a building tradesman and proceedings, namely, clause 18, Fares and Travell- wages were now a lesser percentage of the total ing Time; that over the years since 1938 the cost of a building; that the tempo of the work unions had sought a margin equal to the margin has increased for example, with the use of ready- payable to tradesmen generally and, having gain- mixed concrete; that the reported financial posi- ed that margin in 1957 on the principle of com- tion of employers in the industry was such to in- parative wage justice, had not shown sufficient dicate "prosperity"; that the responsibility and reason for it to be exceeded; that the marginal skill required of a carpenter was different to that pattern established by comparison with rates for of earlier years, and that, although in the im- building tradesmen in other States should not be mediate past the standard marginal rate generally disturbed; and that the evidence produced did not payable in other States had been followed, the really discuss "work values". Throughout it was over award payments now made by employers in contended that the existing margin should be re- those States no longer made those award rates garded as being prima facie correct and that the Commission should find that the unions had failed reliable as a guide for fixing margins in this State. to establish a sufficient reason for its alteration. Mr White supported the remarks of Mr. Henley These matters can be dealt with before consid- and additionally submitted that regard should be ering the further submissions raised by the re- paid to the experience gained by a tradesman spective parties at the time of the speaking to the after he had completed his apprenticeship; that minutes. the general economic circumstances of the com- In the prevention and settlement of industrial munity in which the industry functioned must disputes, this Commission is required to fix a be taken into account; that labour was not being marginal rate for building tradesmen which is fair attracted to the industry in this State because and right and it is required to act according to the minimum award rate had generally become equity and good conscience as well as on the sub- the maximum rate paid on the job, and that wor- stantial merits of the case. The Commission is kers employed in other categories not requiring asked to fix the same margin for all building the training of a tradesman were earning high tradesmen covered by the award and is not called wages when compared with tradesmen. upon to distinguish between the skills of the var- Evidence was given on the cost of a tradesman's ious tradesmen involved and the "skill" to be "standard of living" but, leaving aside the un- measured is that of the average tradesman in- reliable evidence of one witness, the other evi- cluding one working in a joinery or other shop, dence revealed different "standards" brought in a mixed industry, or on construction work. Ex- about by varying personal requirements and this cept where other rates are specified to cover spe- evidence must be considered in that light. In ad- cial features of the industry, the margin should dition evidence was presented on the need to ob- cover the skills and responsibilities exercised in tain extra wages by working overtime or by over the performance of that work and the conditions award payments to hold a reasonable standard of under which it is carried out by "good" or "bad" living; on the demand for over award payments, tradesmen whether with one, ten or twenty or and in general terms, the payment thereof by em- more years of experience in the trade. ployers in this State; on features of the work in Before continuing extracts from the 1938, 1953 the building industry, including the practice of and 1957 Building Trades Decisions will be set travelling to each job, in other than public trans- out in order that this decision will record the port, and the use made by employers of workers' principal historical background against which the vehicles; on the demand for skilled labour and claim is being pressed. In addition extracts from on the award wages of relatively unskilled work- the 1947 Decision of Kelly, J. in the matter of ers in comparison with those of tradesmen. the Printing Industry (Commercial) Award (59 In reply Mr. Martin dealt with the general sub- C.A.R. p. 279) have been shown. Broadly that de- missions of the unions in some detail but, broadly, cision is relevant to a consideration of some of he contended that over-award payments were not the matters before this Commission. 797

1938 Building Trades Decision: comments previously made by His Honour Mr. ... in January of 1937, Chief Judge Deth- Justice Kelly in regard to rates for ship joiners ridge of the Commonwealth Court had ex- and he concluded by stating— pressed the opinion that he could see no ob- In the light of the foregoing, and on vious intrinsic disparity in the merit of the the evidence and argument adduced at the qualifications required by other skilled crafts- hearing before me in this case, I have men and those of carpenters and joiners . . . come to the conclusion that the applicants The question of what is the so-called Aus- as to the tradesmens' section have estab- tralian value has proved somewhat elusive . . . lished a claim for the amount of the in- When there are two industries in which crease sought "in conformity with the tradesmen are engaged, and those industries principle of equality or comparative wage are of major importance and both can be justice" and I decide accordingly. shown to be in a fairly prosperous condition, It is quite evident, therefore, that having then the tradesmen in each, provided that decided in 1947 that the building tradesmen they are called upon to exercise similar or equal were entitled to a margin which was in fact skill, should receive approximately the same the margin then prescribed for a fitter, that rates of pay. The question I have to consider the parties had little alternative during recent is this. Here is an industry in which workers wage adjustments to do other than to bring are engaged who, for the most part, are skilled the margin again on a similar basis, namely, operatives. They have to serve a term of ap- that of £3 15s. prenticeship to acquire grounding in the nec- Queensland is the only other State where a essary skill, and then it usually takes some composite margin for all building tradesmen years of experience before the operative can is prescribed. In 1951 there was an application become proficient in his trade. The same in that State for marginal increases. The deci- remark applies to the engineering trade and sion (36 Q.I.G. p. 229) increased the margins the engineering margin at the present time from £2/4/- to £2/6/-. The decision stated— is thirty shillings ... I have come to the con- We have decided to grant an increase clusion that the skilled operative in the of 2/- in the margin for skill, this bringing building trade should receive an increase on his it to £2/6/- which appears to be a fairly present margin . . . (18, W.A.I.G. 526 at p. 527). standard rate throughout the Common- (The margin then fixed of twenty-eight shil- wealth. lings and sixpence was slightly less than the Here also was a decision bringing the build- thirty shillings for an engineering tradesman). ing tradesmen of Queensland into line with Federal margins which were in fact the same 1953 Building Trades Decision: margin as paid to the fitter . This question was strenuously debated on . . . by now increasing the margin to £3/15/- I both sides . . . After taking into consideration consider that I am acting in conformity with all matters urged before us and particularly the most important principles of wage fixation, the history of marginal fixations in this in- principles that have long been accepted by dustry, the present standard margin for fitters all industrial authorities throughout Australia, in this State, and comparative wages paid namely, the principle of comparative wage elsewhere, I have reached the conclusion that justice, (37 W.A.I.G. p. 494, at p. 495.) at the present time the proper margin for Printing Industry (Commercial) Award Judge- the tradesman should be the sum of 52s. . . . ent: (33 W.A.I.G. p. 52, at p. 53). (The margin for . . . Reviewing past judgements in 1942 ... I a fitter was then 55s.). said: ... the practice of the Court upon each 1957 Building Trades Decision: occasion when a marginal rate is under review . . . Although the actual claim does not indicate has been to make its assessment with reference this, I necessarily consider that the application to what Dethridge, C. J., has termed "the value is actually one to bring the tradesmen's mar- at the time of the special skill or qualification gins to £3 15s., a margin similar to that pre- for which the marginal wage is to be paid". I scribed for tradesmen under the Metal Trades then quoted the following words of the first Award. In support of this the unions have Chief Judge: "In ascertaining possibilities as submitted documents which indicate that to margins the Court will bear in mind that throughout Australia the margin generally pre- in the past certain margins have been allowed, scribed for carpenters and other building but those margins will not be accepted as tradesmen is £3 15s. or higher . . . presumptively proper standards in present or ... in 1947 His Honour, Mr. Justice Kelly, future circumstances." Nevertheless, I pointed dealt with an application under the then exist- out the practical necessity of regarding the ing regulations to increase the building trades- pre-existing margin as prima facie sufficient mens' margin to the rates then prescribed and to that extent as a starting point -from for metal tradesmen under the Metal Trades which to approach the task of re-assessment. Award (59 C.A.R. pp. 957 and 969). He refused . . . lest it be said that the Judges have simply to increase these margins on the grounds then followed Powers, J. as a matter of precedent, put forward, but stated that there was not it is well to emphasise that their acquiescence anything to prevent the unions from making has been founded upon evidence of what the a further application based upon the ordinary industrial community has generally accepted recognised principles of wage adjustment to and adopted as a rule of fair practice ... I which he referred throughout his decision. mention the matter because I have observed This case came before Commissioner Galvin, a widespread tendency to refer to such so called who delivered his decision on the 3rd December, rules, practices or principles as being proof 1947 (59 C.A.R., p. 1,441). In that decision he that the Court has evolved and now holds increased the building tradesmens' margins to itself bound by a code of precedents. As if £2/6/-, the same margin which then applied to success in the settlement of industrial disputes fitters. During this decision he referred to could ever be achieved by any authority . . . 798 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

which failed to maintain a relative, though in this industry. Undoubtedly, this evidence was progressive, consistency in its treatment of directed towards indicating that some employers similar issues. "Fairness" I have said, "means in this State recognised that wage rates should be consistency with some accepted standard". increased, but, whatever its purpose, the unions' The converse is equally axiomatic: that without basic submission suffered. Details of those pay- an accepted standard there can be no measure ments in this State were not revealed although of what is fair. There can, indeed, be no information as to certain payments being made contribution to the promotion and maintenance in other States was discussed so that no comparison of industrial peace by the persons charged with would have been possible between the actual take- either the conciliation or the arbitration of home pay in each State. Furthermore some of industrial disputes unless they hold themselves that information was sketchy and a "building bound to conform in their decisions and aims trades" decision of the South Australian Industrial to some commonly accepted standards . . . Court dated the 25th March, 1966, indicates that The attitude taken by the Court in the payments in excess of the award rate are not matter of the determination of secondary common for building workers in that State. wages has, therefore, been "observed almost Leaving these matters aside, over-award pay- unswervingly." "It will consider only the con- ments should not be used as a guide in fixing a ditions at the time of making an award, measure of the true value of the work when, on the and ... it will ascertain the value of skill or evidence, by reason of a general shortage of labour, other qualification only as at that time" . . . payments in excess of the award are being made by . . . the Court "will not treat prevailing high employers. An official of one of the unions, in wages due to accidental and temporary condi- evidence, considered that the payments would be tions as the true criterion of the proper margins continued by some employers for their own pur- for skill to be prescribed." As Mr. Ander- poses particularly if the shortage of labour con- son has pointed out, "if a high margin tinued and even if wage increases flowed from this was given when workers in an industry were decision. The conclusion that over-award pay- receiving big wages because of a scarcity of ments should not be used as a guide in fixing the labour, a low margin would have to be given margin is reached for an obvious reason, but it may when there was an over supply of labour." be illustrated by the following example:— This may appear at first sight to be inconsist- In pitching a roof, a carpenter is required ent with the principle of assessing margins to have certain knowledge and ability, and be from time to time at the value of the work. able to apply his general trade experience and The point, however, is that the proper value skills to carry out that task. is not to be ascertained by reference merely That knowledge, ability, experience and skill to "accidental and temporary conditions." are recognised in the margin and I fail to see When the scarcity of labour is general throng- that a carpenter's knowledge, ability, experience out all industry the task of the Court is neces- and skill would be any different today if there sarily more difficult than when it is confined happened to be a plentiful supply of labour. to work of a particular type. For in the latter On the case presented, there appears to be little case, adherence to the principle of comparative, doubt that irrespective of what may flow from this wage justice, which I have elsewhere called decision, or the reasons therefore, requests to em- "the very corner-stone of any system of in- ployers to pay additional payments will be con- dustrial regulation" will always provide a tinued. That this should be so is disturbing, for valuable and ready guide to what will be a just the unions, in respect of the north-west allowance, measure of payment. But when the shortage contended that the various wages being paid in- is general, the tendency of all industries . . . cluding amounts in excess of the award rate were will be to compete amongst themselves for productive of industrial discontent and, in other their labour and so to inflate its value to the respects, that higher earnings, based on overtime, detriment of prices, of the national economy which could fluctuate in a manner similar to over- and of the general body of working people as award payments, caused problems for individual a whole. In such a case, the Court (which has workers. These problems could obviously bring wisely repudiated the so called attraction wage about, discontent and on these contentions by the principle, for wage fixation upon that basis unions it appears that the alleged action of em- could only lead to an ascending spiral of costs ployers' organisations, in advising employers not and prices) must be as careful not to sanction to pay in excess of award rates in these times of the excesses of the labour market as it must a general shortage of labour, has been a proper one be in time of over-supply of labour to prevent in the interests of industrial peace. Furthermore wage rates from becoming unfairly low. (59, it appears that it has been the responsible em- C.A.R., p. 279, at p. 285.) ployers whose approach has been not "to compete The first question to be dealt with is that of over- amongst themselves for their labour and so to in- award payments and, with due respect, I find flate its value to the detriment of prices, of the certain parts of the unions' submission and evi- national economy and of the general body of work- dence difficult to follow when taken as a whole. ing people as a whole", if I may use the words of The unions contended basically that over-award Kelly, J. in the Commercial Printing Judgment. payments were general in this industry in other In conclusion, the reason for a payment in ex- States, where there had been some industrial dis- cess of the award should be established for that content, and that in order to bring the take-home payment to be of any assistance to this Commis- pay of workers in this State into line with the sion in its determination of a proper margin. Ex- wages actually being paid in those other States, ceptions to this may arise where those payments the award rate should be increased. This was are so general in nature that they could be ac- necessary, it was claimed, because W.A. employers cepted as an indication of capacity to pay a mar- rejected the policy of granting over-award pay- gin otherwise felt to be reasonable, or, with other ments. However, the evidence did indicate that material, as an indication that the wage of a worker over-award payments were being made in this should be re-assessed so that his true comparative State and apparently by a fair number of employers position with other workers may be determined. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 799

The concept that wages should "fluctuate" with classification in an industry, would warrant demand as do prices of commodities is rejected. an increase of a similar amount to workers in Such fluctuations would be conducive to industrial industry as a whole. unrest, and in fact this is recognised to some That decision followed one in regard to the Metal extent by the unions. Additionally, certain re- Trades Award (43, W.A.I.G., p. 369) which also marks by Detheridge, C.J. on the principle of dealt with that National Wage Case and was granting wage variations to meet passing waves concerned in more detail with the economic con- of prosperity are to the point. In the building siderations (including productivity) discussed in industry, in particular, demands on the supply of that case. The factors covered by those economic labour are subject to somewhat violent fluctuations reviews have been taken into account in an assess- from time to time, and to hold that award wages ment of wages generally including those for say should vary in accordance with those fluctuations, building tradesmen and builders labourers and would be to introduce a dangerous concept into should not be used again. Additionally the an already difficult task of wage fixation. His economic factors (or indicators) are applied in both Honour said— basic wage and margins decisions, as well as those ... It is not sound in principle in my opinion concerned with conditions of employment, such that an addition to a marginal wage intended as annual leave. In view of the 1963 annual leave to remain as a permanent standard should decision, the 1964 basic wage decision of this Com- be made because of what may be a passing- mission and the 1965 National Wage Decision, wave of prosperity. Such a permanent addi- which increased marginal rates by l-i per cent, tion should not be made unless there is ground of the total wage and which decision was adopted for feeling assured that it can be maintained subsequently in this State by consent, it appears for a considerable time in the future through- that in a consideration of economic capacity and out the economic fluctuations of the industry. allied matters, regard needs to be paid to the If an addition to wages is to be made because total wage. In this State, with the basic wage of unusual prosperity it seems desirable that being reviewed quarterly, a compelling case would it should be expressly made for a limited time need to be presented to show that additional or until further order so that its temporary "capacity" existed lor an increase of margins on nature is understood. Such temporary addi- purely economic grounds. tions are probably better left to negotiations Under this heading it is appropriate to also deal with individual employers rather than imposed with the unions' claim that the wage of a trades- by ordinance upon all employers alike whe- man should be raised to an amount sufficient to ther prosperous or struggling ... (36 C.A.R., meet his ordinary living costs. Again, the level p. 738, at p. 745). of the total wage including the basic wage is rele- The parties dealt also with the effect of "econo- vant, but it cannot be said that the matters raised mic considerations" on the fixation of the margin. by the unions should only be dealt with by the Since 1954, it has become the practice for awards Commission in Court Session in a consideration to be reviewed, from time to time, having regard of the basic wage under section 123 of the Act. to what may be broadly described as the economic That section requires the declaration of a just capacity of Australia as a whole. On such occa- and reasonable wage to enable the average worker sions the wages, and other conditions of employ- to live in reasonable comfort having regard to ment, of all workers, whether skilled or relatively any domestic obligation to which he would be unskilled, have been altered taking into account ordinarily subject. For the purpose of the section the "productivity" of Australia as a whole, and that worker has always been regarded as being- many other related matters. In the last contested unskilled and, whilst it would not be proper to Building Trades case in this State (43, W.A.I.G., consider a "standard living wage" for a tradesman p. 740) Nevile, J. referred to the decision in the without regard to the basic wage fixed under sec- 1963 National Wage Case and stated— tion 123, it is going too far to contend that the basic wage is a just and reasonable wage fixed ... it (the Commonwealth Commission) to enable a tradesman to live in reasonable com- realised, and stated that it realised, that its fort. In fact, in earlier years, when the concept decision would obviously have an influence in of the average worker being an unskilled worker many other industries and not merely in in- was introduced, basic wage decisions distinguished dustries that were governed by Federal juris- between the requirements of unskilled labourers diction . . . and other workers. Furthermore, as Mr. Ince stated, the Com- mission went out of its way to state that there Clearly the "standard of living" of workers in was no evidence brought before it as to work receipt of a margin will be higher than that for values, in the Federal Metal Trades case. In an unskilled worker on the basic wage. That that case it decided that the state of the margin should reflect "the true value today of economy of Australia as a whole . . . could the work" and in such a context, it should enable warrant an increase of 10 % to margins for a tradesman to maintain a proper standard of (metal trades) workers . . . living within the community and to hold his place when compared with other workers performing- ... A decision given on that basis must work requiring other skills and, in some instances, necessarily mean that in the opinion of the lesser skills. The propriety of making such a Commission there was nothing special about comparison should be recognised, at least in cer- the Federal Metal Trades Industry. It par- tain circumstances, but lest any doubt should ticularly stressed that it had not investigated exist on this point, the remarks of Kelly, J. in a the work values of that industry and the main Baking Trades case (48, C.A.R., p. 382) should be basis of its whole consideration was the state sufficient to remove that doubt. The remarks of of the economy of Australia as a whole . . . Kelly J. are quoted for he held strong views on ... it must have come to the conclusion that the "principle of comparative wage justice," and the state of the economy of Australia as a in his 1947 Commercial Printing Award Judg- whole, except in special circumstances pertain- ment, previously referred to and which was men- ing to any particular industry or any particular tioned by Mr. Martin, His Honour dealt with that 800 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966. principle among others and spoke of making com- He did this in order "to preserve the compara- parisons between workers in comparable indus- tive status (of the margin) in relation to wage tries or in comparable occupations. In that de- rates payable in other industries irrespective cision Kelly, J. mentioned a 1941 interim judg- ment which he had given in a Merchant Service of particular fixations due entirely to altered Guild case (48, C.A.R., p. 577) and therein he conditions of labour brought about by the referred to that principle in the following terms:— war". "The necessity for keeping skilled labour There are certain principles, which are in the industry", he said, however, "must not almost axiomatic when one recognises the be overlooked. Also . . ." functions and limitations of any such tri- bunal. The first, which is the very corner- ... it would seem that, if the ratio of the stone of any system of industrial regulation, Court's judgment of 1924 were applied to pre- is that justice must be sought by reference to sent circumstances the baker's total margin, comparisons. This is the principle of com- in relation to the butcher's cannot to-day be parative wage justice or equality, to which fixed at lower than . . . I have had occasion elsewhere to refer. It is Another comparison is that afforded by the none the less fundamental and important, fitter's margin, regarded in some of the judg- albeit that in its application one cannot hope ments of this and of other Courts as typical generally for more than approximate results. of the margin appropriate for a fully skilled Wages and conditions cannot be defined in worker who had served a 5-years apprentice- terms of absolute justice and exactitude, (p.p. 623-4.) ship ... I agree with the view expressed by It was in September, 1942, that His Honour Hewitson, D.P. that "the length of period of issued the decision in the Baking Trades case and training required is not necessarily conclusive commencing at page 411 of that decision he said— of any positive standard of skill, but as one In 1924, the Bakers Board fixed the wages of the journeyman baker . . . There was an of the few criteria available it enters cogently appeal to the Industrial Court . . . The re- into the comparison of the relative degrees of sult of their appeal was that the Court assessed skill in different callings". the margin at . . . The reasons underlying ... I am not prepared to adopt the view the assessment are stated in the judgment of taken by Hewitson D.P. of the difference in the learned Deputy President who adjudicated the skill of the baker and the butcher. I am on the appeal. The judgment demonstrates prepared however, to to say this: that in that he made an exhaustive examination of the final result the conditions applicable in what he regarded as being the more com- the baking industry are such that it will be parable rates, including those prescribed in the recognised that the total wage paid to the awards or determinations of the tribunals of baker, apart from comparisons of skill, should the other States— be somewhat more than that paid to the "While I am satisfied," he concluded, butclicr . . "that the margin in the present industry The method of assessment I have been forced should, on the comparisons made, not only to employ is, I am aware, open to some criti- in the butchers', but in the margins in cism. It will be said, for instance, that the other industries, be higher than that of avocation of the baker is not closely compar- the butchers', it should not be so much able with the avocation of the butcher. It may be said also that the dissimilarity between higher as to cause further unrest by creat- an engineering fitter, the type of skill, the ing further apparent incongruities. training and the exigencies of his craft, and It is to be noticed in the reasons given for the skill, training and conditions of work of the 1924 judgment that the leraned Deputy a baker does not encourage confidence in any President gave particular attention to the com- comparison between these two being taken at parison he drew between the occupations of its face value. But apart from the compari- the butcher and the baker. He did so partly sons made there appears to be, in the awards in the light of the period of apprenticeship required for each . . . of this Court, no better or more satisfactory In 1925, the baker's margin was again the guide to an assessment. subject of proceedings before the Industrial On the other hand, a study of the State Court. The following passage is taken from awards does not disclose any considerable the judgment delivered on that occasion:— The margin for skill was awarded by attempt at uniformity either of working hours the Court on the last appeal. There is and conditions or of margins for the baking no evidence of change of conditions within industry . . . (The underlining is mine.) the industry, but that margin was fixed In 1957 building tradesmen in this State were in relation to other margins, particularly granted the same margin as building tradesmen the butchers'. The latter margin was con- in other States on the application of the principle sidered recently in the Butchers Board of comparative wage justice, and Mr. Martin con- case and was increased by Is. per week. tended that, in a continued application of this It is competent for the Board on the principle, the margin, which he claimed should principle of comparative wage justice to be regarded as being prima facie correct, should take that increase with other circum- remain unaltered. The only extent to which the stances into account when reconsidering present margin may be said to be prima facie the minimum weekly flat rate. . . . correct is to the degree that it has been influenced There is at present a State determination by various wage formulae arising from the several relating to butchers in South Australia but the judgments based on economic considerations which butchers' industry is for all practical purposes have been handed down in the last decade. How- regulated by the award of this Court. On 18th ever, in view of the changes which have taken April, 1939, Beeby, C.J. fixed a margin of . . . place in the industry and in other wage levels since 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 801

1953, the "correctness" of the margin based on a articles other than joinery, manufactured from true value of the work is suspect. The existing wood. If that margin is taken as representing margin of $11.20 was fixed by consent last year the value of the assembly work seen on an inspec- at a time when margins for all workers were tion, as it should be in view of the claim, it also under consideration and, subject to what is to becomes obvious that there is a need to review follow, the skill of a building tradesman has not the margin of a building tradesman if that margin been assessed on other than economic grounds is to recognise the training, knowledge and ability since at least, 1953. In that year the Court, of such a tradesman. inter alia, fixed a margin in relation to the one I turn now to consider the work of a tradesman prescribed for engineering tradesmen, but the within the building industry. The industry is one margin of those tradesmen had not been con- of major importance and it is imperative that the sidered independently of others under the relevant needed skill of the tradesman in the performance award for some years. of work within that industry should be reflected The 1957 Building Trades Decision is important in the margin in a proper manner. Furthermore, for it applied a principle of comparative wage the margin should recognise the present methods justice. The question arises whether, at this time, of performing that work with its varied and various a comparison should be made with the closely requirements and techniques. The submissions and comparable workers employed in the building in- evidence, supported by the inspections, including dustry in other States or with other types of that inspection concerned with the technical train- workers in this State. I lean towards the latter ing of apprentices, indicate that the margin for alternative which should only be adopted if the a building tradesman should be increased. In ad- first one is not available. In relation to the awards dition when those matters are taken together applicable in the other States there is nothing be- against the background of the Commission's know- fore me to indicate that, since at least 1957, the ledge of the work performed by other workers and appropriate industrial authority in any of those States has been given the opportunity in a real the margins paid for that work, the increase should case of fixing a margin to measure the true value be fairly substantial. of the work. (For reasons previously stated the Mr. Martin strongly contended that, in the nature Queensland Award is of no assistance.) In such of things, any change in the margin could have a circumstance the level of the margin in the other repercussions throughout the industry and perhaps States is of little assistance to this Commission throughout industry generally. No doubt this sug- and should not be used as a "guide" when a "better gestion was advanced in particular because of wage or more satisfactory guide to an assessment" of movements following marginal reviews based on the margin is available by reference to margins economic considerations and possibly because of prescribed for other workers employed within the 1951 Metal Trades decision in this State but this State. Certainly the margins prescribed in these proceedings such a submission has no merit. in the other States should not cause a The margin for a building tradesman is being fixed marginal increase to be refused if it is other- on his particular skill and responsibility and in wise justified. In further clarification of the fore- order to place him in his proper position in the going it should be stated that in applications con- general wage scale and if the increase was to be cerned with claims based on the principle of com- given "effect" throughout the industry or in in- parative wage justice the margins paid in other dustry generally as was suggested may happen States are not automatically adopted for other then its very foundation would be shaken. questions often arise. For example whether those Other matters raised initially by the parties may margins have been prescribed for reasons accept- be dealt with more briefly. The expense to which able to this Commission or by consent of the a tradesman is put in proceeding to jobs variously parties. situated is one which applies to both tradesmen The general industrial knowledge of this Com- and builders' labourers employed on construction mission indicates that the margin of a building work and should be dealt with under the Fares tradesman, fixed to cover his skill and responsi- and Travelling Time clause. Nothing was raised bilities, is insufficient comparatively speaking when in the proceedings, including an overall assessment the margins prescribed for other workers are con- of the awards in force in the other States, which sidered. However, only two examples will be given would indicate that I should grant relief not sought to illustrate this conclusion. First, since 1980 when in the specific claims by altering that clause. the Building Trades Award, No. 24 of 1958, was Similarly other submissions were not relevant in issued, the margin payable to a tradesman, after a consideration of the margin of a building trades- a period of some years training by apprenticeship man. For example, any arrangement between an and, on average, some years of experience as a employer and his workers for the use of vehicles tradesman, has increased by one-sixth. In the during working hours on the employer's business same period the margin of a builder's labourer is one best left to the parties to that agreement. with at least three months' experience and em- Also other submissions were connected with matters ployed on general labouring work has more than affecting all workers covered by the award and, doubled. This classification has been selected for, in some respects, so concerned the community as by reason of the inspections, it could not be seen a whole that, if any action is required thereon, it that such a comparison would be unfair. The would seem more appropriate for it to be taken increase for labourers, which was largely by agree- by bodies other than this Commission. ment between the parties, was no doubt granted It now remains to consider the submissions put for the same or a similar reason to that which, to the Commission at the time of the speaking to as will be stated, I consider makes it necessary to the minutes. review the margin of a building tradesman. Other Mr. Henley referred only to the judgment of Mr. margins prescribed for builders' labourers have also Commissioner Kelly delivered on the 27th May, more than doubled in the same period. The second 1966, in the matter of the Metal Trades Award. example arises out of those proceedings. The em- That judgment granted a margin of $15.50 to ployers claimed that an assembler in a joiner's shop metal tradesmen and Mr. Henley contended that should be paid a margin of $6.55 and that margin the same margin should be awarded to building was taken from an award covering assemblers of tradesmen. Mr. Martin undertook a criticism of 802 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

Mr. Henley's new submissions in being inconsistent twenty-eight years or thirteen years ago. There- with previous submissions put to the Commission fore it would not necessarily truly measure the on behalf of the unions; in seeking to use the present skill of a building tradesman. On the other metal trades judgment when it was not shown that hand the margins fixed for the great majority of the matters before this Commission were similar building tradesmen in each of the other States are to those considered by Mr. Commissioner Kelly, equal to the margin prescribed for the engineering or that an absolute comparison in work, skill and fitter in those respective States and it would seem responsibility existed between the two types of that a substantial reason should exist why that tradesmen; and in endeavouring to make a industrial relationship should not be reflected in "mathematical" comparison between margins for the awards of this Commission, provided, of course, metal tradesmen and building tradesmen when the that if by so doing an unreasonable margin did not position of each tradesman having the same margin result. was brought about in 1957 because of rates for Such a reason is not discernible. Building building tradesmen in other States and Mr. Martin tradesmen are entitled to a substantially higher stressed particularly when earlier that comparison margin than $11.20 for the reasons expressed and had been rejected by the building trades unions a consideration of the metal trades judgment would and also by industrial authorities in certain judg- not cause the Commission as presently constituted ments including some in this State. to reject the margin granted thereby on the ground It has already been said that, on the information that it was unreasonable for building tradesmen. made available to this Commission last year and In these circumstances a margin of $15.50 will be in February and March of this year, the margin awarded. should be higher. It should also be said that, In so doing the effect of the resultant increase even if the information presented in the metal on building costs is appreciated but the interests trades case was different to that before this Com- of the building tradesman and, indirectly, those of mission, the decision of Mr. Commissioner Kelly the community as a whole outweigh this con- confirms this conclusion. sideration. The over-award payments being made by a number of employers are sufficient to absorb The reference by Mr. Henley to the metal trades at least some of the increase without the necessity decision did nothing to advance the unions basic of the increased award cost being passed on to claim for an increased margin but it is in the the public that is even if, otherwise, increased light of that decision that the precise amount of charges to the public cannot be avoided. I am, the new margin for building tradesmen must be asisted in reaching the first mentioned conclusion determined. by the fact that no special submissions were In the settlement, by arbitration, of an industrial advanced to show that the building industry had dispute concerning wages the task of the Commis- insufficient capacity to pay an increased wage which sion is "that of ascertaining what in all the cir- may have been otherwise justified by the case pre- cumstances can be said to be fair payment for sented by the unions. Finally the total wage now the particular work in question. The justice of prescribed will be higher than the award wage awarding any particular rate depends on whether payable in any of the other States and nearly $6 it answers this test of fairness." In the Merchant higher than the next highest wage but that, of Service Guild Case (48, C.A.R. p. 577) in which itself, is no reason why an increase should not be Kelly, J. made the foregoing comment, he also granted and I am conscious that at the moment said that "wages . . . cannot be defined in applications are being heard which if successful terms of absolute justice and exactitude" and it is could increase some of those wages. If I were to also with these views in mind that a reasonable hold otherwise and some increases were achieved margin must now be fixed. as a result of those applications would it then be It has been stated that the increase in the agreed that the wage in this State was too low? margin should be "fairly substantial" to bring it Two further matters need to be mentioned, to a proper level and, irrespective of the factors namely, the allowance for using ramset guns and which may have influenced this Commission in the margin for assemblers of flush panel doors. In fixing that level in the absence of the Metal Trades connection with the first matter, in seeking the decision, it is desirable to consider whether a benefits of the metal trades judgment the unions margin of $15.50 would be appropriate. must be regarded as having adopted the whole of In the 1938 Building Trades decision, when it was that decision and by it an allowance for using said "when there are two industries in which ramset guns was refused. In the preliminary tradesmen are engaged and those industries are judgment I expressed the view that the use of of major importance, and both can be shown those guns should be taken into account in fixing to be in a fairly prosperous position, then the the margin and a sufficient reason has not been tradesmen in each, provided that they are called shown to cause me to alter that view. However, upon to exercise similar or equal skill should re- the rate will be continued in respect of builder's ceive approximately the same rates of pay," a labourers for, although such a rate does not margin of twenty-eight shillings and sixpence was appear to be in the Federal Award, the parties fixed compared with one of thirty shillings recently in 1965 agreed to it being continued and it granted to engineering fitters. In 1953 the same must be retained in order that this decision relativity was retained between these tradesmen will conform with the preliminary judgment when again the level of the margin of the engin- issued in respect of labourers. In relation to as- eering fitter was regarded as being relevant and semblers of flush panel doors a separate and lower in circumstances where just over a year previously margin was not included in the minutes in case the Court had reviewed the margin of that fitter. some workers employed on that work were affected Accepting the level of the new metal trades margin, inadvertently thereby and a further application a similar mathematical relationship would give a will be brought to the Commission on this matter. margin of $14.70 for a building tradesman but that In the meantime it would be wrong for the workers relativity should not, of itself, be the reason for concerned to be granted an illusory increase in any increase and such a margin would continue wages and, for this reason, the wage for assemblers a comparative relationship considered proper either of flush panel doors will remain unaltered. It is 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 803 realised that by so prescribing, some workers who similar work should be paid that allowance. For may otherwise have been entitled to an increased other reasons, other workers are also entitled to wage will have to wait for that wage until the the allowance when sent to work away from the whole matter is finalised. employer's premises with its standard facilities and it is only on this work that any difference of opin- The total wages payable to carpenters as a re- ion will arise. Clearly a worker sent away from sult of this decision and the preliminary judgment his usual place of work on the employer's premises of 18th May (with the previous wages shown in to perform work on-site in the construction of a brackets), will be as follows:— new building would experience the conditions, in- (a) Carpenters employed in or about the em- cluding the "poor" standard of facilities available ployer's business premises—$49 ($44.50); on those sites, for which the allowance was pre- (b) Carpenters on building construction— scribed. Conversely workers sent out to do minor $56.09 ($49.86); repair or maintenance work would, on average, (c) Carpenters on multi-storey buildings— not meet those conditions and, generally, standard $57.69 ($50.86); facilities would be available for their use. In (d) Carpenters working a 54-hour week on respect of other work, the provision should allow the Mount Goldsworthy and the Hamersley the occasions upon which the allowance is to be Projects and certain workers employed at paid, or not paid, to be determined precisely and North-West Cape (not including district in a manner which will do justice to the individual allowance)—$97.45 ($80.40); and worker and his employer, f (e) Carpenters under (d) above required to Mr. Henley referred to the definition of con- live in tents—$99.45 ($80.92), struction work in an award in another State but The Commission in fixing these amounts regards therein the allowance is only paid when the work them as being reasonable on the matters before is on site. However, the principle upon which the it for the conditions and hours of work involved construction allowance is based in this State does and although increases have been granted in the not make it possible for the allowance to be pre- award rates nothing herein contained is to be re- scribed for "repair or maintenance work" of any garded as inferring that employers should increase kind not on the site of a building being newly con- the actual wages at present being paid by $4.50 structed. Repair and maintenance work carried in the case of carpenters in (a) above and in re- out by workers sent out from the employer's busi- spect of other carpenters by $6.23; $6,83; $17.05; ness premises would, in the main, be minor in nature, but where an addition or alteration is made and $18.53, respectively. to an existing building the conditions under which Other Matters. the work would be performed could be similar to those experienced in the construction of a new At the speaking to the minutes several matters building. This would be so when that alteration or were raised in connection with which the parties addition was of some substance, but in the circum- were not entitled to be heard under section 69 of stances any endeavour to draw a clear line in the the Act and which had already been dealt with award between the work on which the allowance is in the preliminary judgment. It is more appro- to be paid and other work and which would be priate to raise such matters in other proceedings capable of being enforced may give rise to injustices rather than at the speaking to the minutes and in individual cases. It is for this reason that the with one exception it is not intended to refer to Board of Reference has been empowered to deal them in these remarks. In relation to the prefer- ence clause it could be expected that generally with any dispute which may arise. >. building trades' workers would join a union on 14.—Special Rates and Provisions. request without being given a copy of the clause In paragraph (i; of subelause (4) the reference or anything else but the award provision must be to refractory repairs has been deleted for the reason phrased to cover those cases where a worker has expressed in the preliminary judgment and dis- to be forced to join a union against his wishes. In cussed at the speaking to the minutes, The words such a case he is entitled to be made aware of the "ovens and furnaces" should cover all of the work requirements of the rules and in this respect a involved including that which may otherwise be decision of the Commission in Court Session re- termed to be within a boiler. ported in 45, W.A.I.G., p. 315, appears relevant. Subelause (16) Spray Painting has not been altered. The matters raised by Mr. White are such 9.—Wages. that it seems desirable, on the speaking to the In respect of the construction allowance the minutes, to leave the clause in the form it appeared parties sought some clarification in the award as in the minutes which, in relation to the question to work upon which the allowance should be paid raised in the preliminary judgment, was the form and for this reason the relevant paragraph has agreed between the parties. been re-worded. Subelause (23) has been altered so that an em- This allowance was discussed at some length in ployer will not be placed in breach of the award the preliminary judgment and it is not necessary if he fails to supply a helmet to a worker not to refer to the matters contained therein, but, to desiring one to be provided. assist the parties in their consideration of the Paragraph (a) of subelause (30) has also been altered provision, it seems appropriate to outline amended to clarify the period during which the certain matters. •Tn the first place, the allowance payments prescribed by the subelause are to be will be payable to workers not usually employed continued and to provide that the special allowances in or about the employer's business premises, even therein prescribed are to be paid to workers on those though it is realised that at times those workers projects which the parties agree are similar to those may not be employed on what is truly construction specified in the paragraph. This will enable the work. The parties agreed to that payment and it rate to be applied in proper cases without any need is a realistic means of determining one group of for the parties to approach this Commission, but, workers to whom the allowance should be paid in order to make the provision enforceable and to but its payment to some workers on certain work avoid misunderstandings, that agreement, which does not necessarily mean that all workers on should be with all of the employers concerned in (7)—27357 804 [29 June, 1966.

the project, must be formally approved by the Board Union of Workers and the West Australian of Reference. The subclause also provides that in Plumbers and Sheet Metal Workers' Industrial default of agreement the matter may be determined Union of Workers (Fremantle Branch), Appli- by the Board of Reference. It has not been possible cants, and Master Builders' Association of to more precisely fix the time at which the allow- Western Australia (Union of Employers) Perth ance will no longer be payable. The date on which the first shipment of ore is made is not necessarily and others, as per schedule attached, Respon- a true measure of that time in all circumstances. dents. For example, as distinct from the position at Koolan No. 256 of 1965. Island when the date of that shipment was fixed as Between Master Builders' Association of Western an appropriate time (44, W.A.I.G., p. 191), the per- Australia (Union of Employers) Perth and manent facilities needed for community life will others, as per schedule attached, Applicants, not be constructed on all projects prior to the time and Building Trades Association of Unions of of that shipment. In any event no injustice can Western Australia (Association of Workers); arise for when an employer considers the allowance The Western Australian Amalgamated Society should no longer be payable the way is open for him of Carpenters and Joiners' Industrial Union of to make application for the deletion of the provision Workers; The Builders' Labourers' Union of either in whole or in part. Workers of Perth, Western Australia; The Operative Stonemasons' Union of Workers of 19.—Distant Work. Western Australia; The Operative Bricklayers Whilst the reason for the unions' request to have and Stone Workers' Industrial Union of a standard of accommodation prescribed in the Workers, Perth, W.A.; The Operative Plasterers award is appreciated, no change has been made in and Plaster Workers Federation of Australia, the requirement placed on an employer to supply (Industrial Union of Workers) Western Aus- suitable board and lodging. The Commission is tralian Branch; The Operative Painters and available to assist in the settlement of any dispute which may arise in any particular case. Decorators' Union of Australia, West Australian A minimum allowance is to be paid by the em- Branch, Union of Workers; The West Austra- ployer for a meal required by a worker when lian Plumbers and Sheet Metal Workers, In- travelling, for a worker may provide his own meal dustrial Union of Workers and The West Aus- and be unable to justify its cost. The amount tralian Plumbers and Sheet Metal Workers previously prescribed in the award as the meal Industrial Union of Workers (Fremantle allowance, being the amount the employers sought Branch), Respondents. to have continued, has been fixed as that minimum. HAVING heard Messrs, W. Willox, T. Henley, N. Hayter, H. Fletcher, A. Lee and J. White on be- 30.—Representative Interviewing Workers. half of the abovementioned unions and Mr. G. The word "notifying" has been retained in pre- Martin on behalf of the employers, I, the under- ference to "advising" because that word better ex- signed, Commissioner of the Western Australian presses what is intended. The notification is not Industrial Commission, in pursuance of an alloca- a restriction on an ofHcial's right to visit a job, but tion to me by the Chief Industrial Commissioner a means by which the employer will be made aware and in pursuance of the powers contained in sec- of the presence of a union official. It cannot be tion 92 of the Industrial Arbitration Act, 1912-1963, seen that in any circumstance the provision will and all other powers therein enabling me, do here- prevent an official from making a visit to a job. by order and declare— Subject to what is to follow the consolidated award will be issued formally on Monday next with That the Building Trades Award No. 24 of the amendments contained therein operating from 1958 as amended, be and the same is hereby and including that date. This time is necessarily further amended and consolidated in accord- allowed to enable the parties to speak to the ance with the following schedule. minutes of provisions included in the order for the Dated at Perth this 20th day of June, 1966. first time and to raise the question of any rights which may be thought to exist under section 69. [L.S.] (Sgd.) D. CORT, If the parties do not desire any further proceedings Commissioner. to take place then the Commission should be so advised and the order will issue on Monday with Schedule. the parties not being required to attend. 1.—Title. This award shall be known as the "Building BEFORE THE WESTERN AUSTRALIAN Trades Award" No, 24 of 1958 as amended and INDUSTRIAL COMMISSION. consolidated. Nos. 22, 188, 198 and 522 of 1965. 2.—Arrangement. 1. Title. Between Building Trades Association of Unions of 2. Arrangement. Western Australia (Association of Workers); 3. Definitions. The Western Australian Amalgamated Society 4. Scope. of Carpenters and Joiners' Industrial Union of 5. Area. Workers; The Builders' Labourers' Union of 6. Term. Workers of Perth, Western Australia: The 7. Contract of Service. Operative Stonemasons' Union of Workers of 8. Preference to Unionists. Western Australia; The Operative Bricklayers 9. Wages. and Stone Workers' Industrial Union of 10. Payment of Wages. Workers, Perth, W.A.; The Operative Plasterers 11. Piecework. and Plaster Workers Federation of Australia, 12. Terms of Service. (Industrial Union of Workers) Western Aus- 13. Leading Hands. tralian Branch; The Operative Painters and 14. Special Rates and Provisions. Decorators' Union of Australia, West Australian 15. Inclement Weather. Branch, Union of Workers; The West Australian 16. Change Room, Plumbers and Sheet Metal Workers' Industrial 17. Protection of Workers' Tools. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE,

18. Pares and Travelling Time. other similar patented materials, 19. Distant Work. in the setting and jointing of pipes 20. District Allowance. for sewerage or storm -water drain- 21. Camp Allowances. age, in the timbering of shafts, 22. Hours. pits or wells in or around build- 23. Overtime. ings, in the preparation of grano- 24. Holidays. lithic surfaces but not the finish- 25. Long Service Leave. ing thereof, in the mixing of 26. Absence Through Sickness. plastic materials and the cleaning 27. Board of Reference. up of floors and woodwork after 28. Under-rate Workers. the application of such materials, 29. Provision of Appliances. in preparing or bending or placing 30. Representative Interviewing Workers. into position steel reinforcements 31. Record Book. in concrete in connection with 32. Posting of Award and Union Notices. building operations, in using a 33. Breakdowns, etc. jack hammer, in the demolishing 34. Cadets. and removing of buildings, in 35. Apprentices. mixing, preparing or delivering or 36. Prohibition of Females or Junior Workers. packing of concrete in connection 37. Shift Work. with the erection of structures or 38. Exemptions. buildings, in clearing, excavating Schedule of Respondents. or levelling off sites for buildings when such work is under the build- 3.—Definitions. ing contractor's contract and un- (1) "Bricklayer" means a worker engaged in der his direct control, in road con- bricklaying, brickcutting, firework (including kiln struction work in connection with work), furnaces or furnace work of any descrip- approaches to buildings inside the tion, setting cement bricks, cement blocks and building line (other than road con- cement pressed work, setting coke slabs or coke struction work governed by any bricks or plaster partition blocks, or any other award of the Western Australian work which comes or which may be adjudged to Industrial Commission or any come within the scope of brick work generally. agreement registered with that (2) "Rubble Waller" means a worker who does Commission); all or any of the following classes of work whether (iii) workers engaged in general labour- hammer dressed or sawn:— ing, comprising men engaged as (a) Foundation work. builders' labourers not included (b) Building random rubble uncoursed; or in the foregoing. building squared rubble in courses or reg- (b) "Assistant Powder Monkey" means a per- ular coursed rubble; and dressing quoins or son assisting under the direct supervision shoddies in connection with any such work; of a powder monkey in placing and firing- but this definition shall not of itself be taken to explosive charges excluding the operation prejudice or affect the right of any other classes of of explosive powered tools. tradesmen or woi'kers to do any class or kind of (c) "Assistant Rigger" means a person assist- work they have hitherto been accustomed to do. ing under the direct supervision of a rigger (3) "Builders' labourers": in erecting or placing in position the mem- (a) For the purpose of this award "builders' bers of any type of structure (other than labourers" means— scaffolding and aluminium alloy struc- (i) scaffolders, riggers, dogmen, gear tures) and for the manner of ensuring the hands, hod carriers, mortar mix- stability of such members, for dismantling ers, persons wheeling to and from such structures or for setting up cranes the lift or engaged in filling boxes or hoists other than those attached to with materials to be lifted with scaffolding. winch, hoist, elevator or crane re- (d) "Drainer" means a person directly res- quired for servicing bricklayers, ponsible for the correct and proper laying plasterers or masons and workers of sewerage and drainage pipes. controlling any such winch or (e) "Direct supervision" means in relation to hoist, drainage workers engaged in paragraphs (b) and (c) of this subclause connection with building opera- that the powder monkey or rigger, as the tions; case may be, must be present on the job (ii) workers engaged in underpinning to guide the work during its progress. and timbering basements, in the (f) "Leading Hand" means a Builder's labourer rough finishing of granolithic sur- who is given by the employer or his agent faces on which a wooden or tiled the responsibility of directing and/or or other like flooring is to be sup- supervising the work of other persons. erimposed or a worker in control (g) "Scalfolder" means a person engaged in of a trowelling machine, in the the work of erecting or altering or dis- erection of steel stanchions, gird- mantling scaffolding of all types. ers, principals and the erection of steel structural work when such (4) Carpentry and Joinery: work is part of the contractor's (a) '"Carpenter and Joiner" means a worker contract and under his direct other than an assembler of flush panel control, on furnace work and doors engaged upon work ordinarily per- bakers' ovens, in mixing, preparing formed by a carpenter and joiner In any and delivering of materials used workshop establishment, yard or depot,, hot such as bitumen, trinidad, and or on site (including dams, bridges, jetties 806 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

and/or wharves). Without limiting the petrol or oil containers generality of the foregoing such work may not exceeding fifty gal- include— lons capacity; (i) The erection and/or fixing work (b) a worker, not usually in metal. employed as a painter, (ii) (a) The marking out, lining, who is employed in plumbing and levelling of pre- either the superphos- fabricated form work and sup- phate manufacturing in- ports thereto; dustry or the aerated (b) the erection and dismantling water manufacturing in- of such formwork, but without dustry and who during preventing builders' labourers the slack season in the from being employed on such industry in question is work. employed in painting any (iii) the fixing of asbestos products, plant, machinery or dry fixing of fibre plaster mat- structures (other than erials and the fixing of building buildings) if such worker panels, wall board and plastic if he had not been per- material; mitted to be so employed (iv) the erection of curtain walling; would otherwise have probably been dismissed (v) the setting out and laying of because of the lack of wood blocks or parquetry or profitable work to which wooden mosaic flooring; and he could have been put (vi) the erection of prefabricated in his usual classifica- buildings or section of buildings tion; and constructed in wood, prepared in (c) a worker employed by factories, yards or on site. Di-Met (W.A.) Pty. Lim- (b) "Setter out" means a carpenter and ited in painting or ap- joiner who sets out work (other than plying protective coat- wood blocks or parquetry flooring) for ings in its workshop, to three or more other carpenters and any plant, machinery, joiners. object or structure, not (c) "Detail worker" means a carpenter and being a building or a joiner who sets out and works upon stair- part, in situ, of a build- cases, ^ bar, kitchen or office fittings or ing. any similar detail work from architects' (b) "Glazier" means a worker who— plans or blue prints. (i) fits and fixes leadlights and stain- (5) Painting: . ed windows into prepared posi- (a) "Painter": tions ; or (i) means a worker who applies paint (ii) fits and fixes glass or any of its or any other preparation used for kindred products, including vit- preservative or decorative pur- rolite, into any place prepared poses— for its reception and/or cuts such (a) to any building or struc- glass or such other product; or ture of any kind or to (iii) cuts glass or any of its kindred any fabricated unit form- products including vitrolite, for or intended to form part any purpose. of any building or struc- Provided that nothing in this definition ture; or shall apply to work done by shop sales- (b) to any machinery or men, picture frame or furniture makers, plant; or to any other worker who is at the date (ii) and includes any worker engaged of this award bound by any award of the in the hanging of wallpapers or Western Australian Industrial Commis- substitutes therefore or in glaz- sion or Industrial Agreement made under ing, graining, gilding, decorating, the provisions of the Industrial Arbitra- applying plastic relief, putty tion Act, 1912-1963 and registered in the glazing, or marbling; Western Australian Industrial Commis- (iii) and also includes any worker who sion. strips off old wallpapers or who (c) "Signwriter" means a worker who may removes old paint or varnish or prepare his own backgrounds and does who is engaged in the prepara- any of the following work:— tion of any work for painting or (i) Lettering of every description, by any materials required for the brush, spray or any other method trade; on any surface or material (other (iv) but does not include— than the surface of a roadway). (a) a worker not engaged in (ii) Pictorial or scenic painting by the building industry brush, spray or any other method proper, who applies only on any surface or material. one protective coating, (iii) Designing for windows, posters, where a final finishing show window and theatre dis- or decorative coat is not plays, honour rolls, illuminated required to any type of addresses, neon signs, stencils, machine, machinery or display banners or cut-out dis- structure or who paints plays. 807

(iv) Gilding, i.e. the application of (7) Plumbing: "Plumber" means a worker em- gold, silver, aluminium or any ployed or usually employed in executing any plumb- metal leaf to any surface. ing, gas fitting, pipe fitting, or domestic engineer- (v) Cutting out, laying out and fin- ing work, or who executes any work in or in con- ishing of cut-out displays of all nection with— descriptions. (a) sheet lead, galvanised iron or other classes (vi) Screen process work, i.e. the de- of sheet metal generally used by plumbers; signing, setting up and operation (b) the fixing of lead, wrought, cast or sheet for duplication or multiplication iron, copper, brass or other classes of pipe of signs on any material, whether work, including earthenware pipes, ventil- of paper, fabric metal, wood, ating or air-conditioning appliances; (c) water (hot or cold), steam (other than glass or any similar material. for power purposes), gas, air, oil (for Provided however, that nothing con- heating or cooking purposes), vacuum tained in this definition, nor in this systems and sewerage installations; award, shall be deemed to prevent the (d) house, ship, sanitary, chemical and/or employment of ticket writers at the rates general plumbing; of wage and subject to the conditions pre- (e) fire service work; scribed by the Ticket Writers' Award (No.

(b) For the purpose of this subclause, notice (ii) that the dismissal does not become effec- given at or before the usual starting time of any tive before the unionist has so commenced, ordinary working day shall be deemed to expire at (c) This subclause shall not apply to an the completion of that day's work. apprentice. (2) One week's notice on either side shall be (5) A non-unionist shall not be engaged for any necessary to terminate the contract of service of work to the exclusion of a well-conducted unionist any worker, other than a casual worker (where the if that unionist— notice shall be one hour) or an apprentice, who (a) is adequately experienced in and com- is not paid the allowance prescribed in subclause petent to perform that work; (4) of clause 9—Wages. If the required notice of (b) applies to that employer for employment termination is not given, one week's wages shall on that work'— be paid or forfeited. (i) not later than the time at which 8.—Preference to Unionists. the non-unionist applies; or (1) In this clause— (ii) within the time specified by that "the union" means any one of the unions employer in any advertisement party to this award; calling for such applications, "unionist" means a worker who is a member whichever is the later; and of the union; (c) is able to commence work at the time re- "non-unionist" means a worker who is not a quired by the employer. member of the union. (6) Subclause (5) of this clause does not apply (2) Subject to the provisions of this clause it to a non-unionist— is a condition of employment under this award (a) who holds a certificate of exemption from that each non-unionist shall— membership of the union issued and in (a) unless he has already applied for member- force pursuant to section 6 IB of the Indus- ship of the union in the manner prescribed trial Arbitration Act, 1912-1963; by the rules of the union, apply for such (b) for the period between the date on which membership in the manner so prescribed he applies for such a certificate and the within seven days of receiving, from an date on which that application is finally accredited representative of the union, a determined under that section; or copy of those rules, a copy of this clause (c) who is an apprentice. and an application form for membership; (b) upon being notified that he has been 9.—Wages. accepted as a member of the union, do The minimum rates of wages payable to workers such things as may be required under the under this award (other than duly registered rules of the union in relation to his apprentices and cadets) shall be— admission to membership; and $ (c) thereafter remain a unionist while so (1) Basic Wage (per week): 32.65 employed. (2) Margins (per week): (3) Subclause (2) of this clause does not apply (a) Bricklayers, rubble wallers, car- to any worker— penters, joiners, painters, sign- (a) who holds a certificate of exemption from writers, glaziers, plasterers, membership of the union issued and in plumbers and stonemasons as force pursuant to section 6 IB of the defined in clause 3 hereof .... 15.50 Industrial Arbitration Act, 1912-1963; (b) Assemblers of flush panel doors 11.20 (b) who, prior to the expiration of the seven (c) Builders' labourers— days referred to in that subclause, has (i) Rigger 8.60 applied for such a certificate of exemption, (ii) Drainer 8.60 unless and until that application is finally (iii) Dogman 8.60 determined under that section; (iv) Scaffolder 7.10 (c) for the unexpired portion of any period (v) Powder monkey 7.10 in respect of which he has, prior to com- (vi) Hoist or winch driver 7.10 mencing employment under this award, (vii) A worker engaged in the paid membership fees on his own behalf rough finishing of granolithic to another union; or surfaces on which a wooden (d) who is an apprentice. or tiled or other like flooring (4) (a) Where the secretary of the union has is to be superimposed, or a notified an employer that a non-unionist to whom worker in control of a trowel- the provisions of subclause (2) of this clause apply ling machine 7.10 has failed or refused to comply with those pro- (viii) Bricklayer's labourer 5.30 visions, that non-unionist shall not be retaiijed Plasterer's labomrer 5.30 in employment by that employer for more than Assistant rigger 5.30 twenty-four hours to the exclusion of any well- Assistant powder monkey .... 5.30 conducted unionist who is employed by, or who Demolition work (after three applies for employment with that employer and months experience) 5.30 who is adequately experienced and otherwise com- Gear band 5.30 petent in the work performed by that non-unionist. Pile driver 5.30 Tackle hand 5.30 (b) Where paragraph (a) of this subclause Jackhammer hand 5.30 operates so as to require the dismissal of a non- Steel or bar bending to pat- unionist by his employer the provisions of clause tern or plan 5.30 7 of this award are hereby declared inoperative Mixer driver (concrete) .... 5.30 in respect of that dismissal but only if— Steel erector 5.30 (i) a unionist is engaged to commence work Aluminium alloy structural in the place of the non-unionist; and erection 5.30 809

$ as a casual worker and for the time employed Gantry hand or crane hand 5.30 shall be paid seven and a half per cent, Crane chaser 5.30 extra if he is entitled to the allowance pre- (ix) Builders' labourers employed scribed in subclause (4) hereof or if not so on work other than specified entitled be paid 15 per cent, extra. in classifications (i) to (viii)— (a) During the first three 10.—Payment of Wages. months of experience (1) When a worker is dismissed (other than for in the industry .... 1.95 misconduct) or lawfully terminates his service, he (b) Thereafter 3.70 shall be paid all wages due to him before leaving the job unless that payment is prevented because (3) Tool Allowance: of circumstances beyond the control of the em- (a) Bricklayers and rubble wallers .... 0.55 ployer. Otherwise all moneys due shall be posted (b) Plasterers 0.60 on the next working day to the worker's last (c) Carpenters and joiners— known address or such other address as may be Joiners' shop 0.85 nominated by the worker. Others 0.95 (2) (a) Except as provided in paragraph (b) (d) Plumbers 0.75 hereof, an employer shall not keep more than one (e) Painters and signwriters 0.25 day's pay in hand. (f) Glaziers 0.20 (b) In respect of those workers covered by the Note 1—The tool allowances pre- provisions of clause 19—Distant Work, who are scribed in paragraphs (a), (b), (c) and employed in that area of the State north of lati- (d.) of this subclause, each include an tude 26° S., an employer may keep not more than amount of five cents for the purpose three days' pay in hand. of enabling the workers to insure their (3) Payment of wages shall be made on or before tools against loss or damage by theft Friday of each week at or before the usual finish- and fire. ing time on the normal pay day of each week. Note 2—The abovenamed allowances (4) Wages shall not be paid in the meal time. shall not be paid where the employer (5) Subject to subclause (1) hereof, where a supplies the workers with all neces- worker is required to spend time in waiting for sary tools. wages or attending the employer's office on a sub- The employer shall supply all neces- sequent day, he shall be paid at the ordinary rate sary tools for the use of stonemasons, of pay for the time so spent, in addition to any except when engaged on building con- fares incurred. Provided that this subclause shall struction, when the worker, if required not apply where such waiting or attending was due to supply his own tools, shall receive to an underpayment caused by a genuine mistake a tool allowance at the rate of 40 or by a genuine dispute as to the amount due. cents per week. (6) Subject to subclause (1) hereof, all wages (4) Allowance for lost time, ten statutory must be paid in cash, except that by agreement holidays and ten days' sick leave and with the worker concerned, payment for distant follow the job; to vary 83 per cent of work may be made by cheque the acceptance of any increase or decrease in wages: which by the worker is conditional upon the cheque (a) Bricklayers, rubble wallers, car- being paid on presentment. penters, joiners, painters, glaziers, signwriters, plasterers, plumbers 11.—Piecework. and stonemasons 4.24 (1) No employer shall employ a worker nor shall (bi Builders' labourers— any worker accept employment for work under this Classifications (i) to (iii), inclu- award at piecework or labour only rates or at the sive .... 3.67 rates for labour and material unless the rates for Classifications (iv) to (vii), in- such work shall have been fixed by the Commission. clusive .... 3.54 (2) No person who is a member of any union Classification (viii) 3.39 a party to this award shall, except in the capacity Classification (ix) — of a servant or worker, enter into any contract to (a) 3.11 execute any work involving service of a kind for (b) 3.26 which the rates and conditions are fixed by this A worker usually employed in or award, nor shall any employer bound by this award about his employer's business premises enter into any contract for the execution of any shall not be entitled to the allowance such work with any member of any such union prescribed in this subclause when except under the relationship of master and ser- working therein or when sent out vant. from there to outside work. (3) Upon application to the Commission by any party to this award the operation of subclause (2) (5) Construction Allowance 2.75 hereof may be suspended in relation to work A worker usually employed in or about his usually performed by any particular class of workers employer's business premises shall not be for such time and upon any subject to such con- entitled to the construction allowance pre- ditions as the Commission thinks proper. scribed in this subclause except when sent out from there on construction work which (4) Nothing contained in this clause shall be shall mean work that the employer and the deemed to render any contract made in breach of union or unions concerned agree is con- subclause (2) hereof unenforceable or void nor to struction work or, in default of agreement, modify or alter the terms of any such contract. that is so declared by the Board of Refer- 12.—Terms of Service. ence. (1) Each worker shall faithfully serve his em- (6) Casual workers: Any worker who is employed ployer on the work in which he is employed in for a period of less than one week (exclusive compliance with the terms and conditions of this of hours of overtime worked) shall be classed award. 810 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

(2) A worker employed by an employer shall not by reason of the operations carried out without the express consent of such employer and on it or by reason of wind force or vibra- the union accept temporary or other employment tion is likely to swing or sway. (No em- with any other employer whilst is such employ, nor ployer shall permit an apprentice who has shall such worker undertake a contract or sub- served less than two years to work on a contract to perform any other work whilst his em- boat-type or swinging scaffold and no ployment by the firstmentioned employer con- such apprentice shall work on any such tinues. scaffold.) 13.—Leading Hands. (b) Insulating work in an average temperature (1) Any worker referred to in clause 9 hereof, of 45° Fahrenheit or under. or a leading hand defined in subclause (3) of (c) Working for more than one hour con- clause 3—Definitions, who is placed in charge for tinuously in the shade in places where the not less than one day of— temperature is raised by artificial means (a) not less than three and not more than to exceed 130° Fahrenheit. 10 other workers referred to in clause 9 (d) Working in dust-laden atmosphere in shall be paid at the rate of two dollars joiners' shops where dust extractors are and 20 cents per week extra; not provided or in such atmosphere caused (b) more than 10 and not more than 20 other by the use of materials for insulating, workers referred to in clause 9 shall be deafening or pugging work (as, for paid at the rate of four dollars and 35 instance, pumice, charcoal, silicate of cents per week extra. cotton or any other substitute.) (c) more than 20 other workers referred to (e) Working in any confined space in and in clause 9 shall be paid at the rate of around a building. "Confined space" six dollars and 45 cents per week extra. means one of which the dimensions are (2) Any leading hand defined in subclause (3) such that the workman must work in an of clause 3—Definitions, being a licensed scaffolder, unusually stooped or cramped position or who. in compliance with the provisions of section without adequate ventilation or where con- 11 of the Inspection of Scaffolding Act, 1924-1962, finement within a limited space is pro- is employed or engaged in the supervision of the erection or demolition of scaffolding or gear on ductive of unusual discomfort to him. any scaffold exceeding or likely to exceed 20 (f) Engaged in repairs to sewers. feet in height from the horizontal base, shall be (g) Plumbers doing sanitary plumbing work paid the rate perscribed in paragraph (a) of sub- on repairs to sewer drainage or wastepipe clause (1) hereof when placed in charge of less services in any of the following places;— than three other workers referred to in clause 9. (i) Infectious and contagious diseases hospitals or any block or portion 14.—Special Rates and Provisions. of a hospital used for the care of (1) Builders' labourers using ramset guns or or treatment of patients suffering other explosive tools shall, while using such tools, from any infectious or contagious be paid one and a half cents per hour in addition disease. to the prescribed rate with a minimum additional (ii) Morgues. payment of twelve cents per day. (h) Bricklayers employed over fifty feet from (2) Workers required to work for more than the ground on chimney shafts. For every one hour continuously in the shade in places where additional fifty feet or fraction thereof an the temperature is raised by artificial means to additional three cents per hour shall be between 115° and 130° Fahrenheit, shall be paid paid. at the rate of three cents per hour in addition to (i) Working on repairs to ovens or furnaces the prescribed rate. or on underpinning. (3) Workers employed on the following work (5) Plasterers using flintcote shall be paid four shall be paid at the rate of four cents per hour in cents per hour extra except when flintcote is addition to the prescribed rate whilst so employed:— applied by hawk and trowel by plasterers to walls (a) The construction of a multi-storeyed and ceilings when the rate shall be eight cents per building above the fourth storey thereof; hour extra. provided that such extra rate shall not be payable when the exterior walls have been (6) All work clone by plumbers on a ship of any erected and the windows completed and class shall be paid for at the rate of nine cents fixed in position and a lift has been made per hour in addition to the rates set out in clause available to carry the worker to and from 9— the floor upon which he is required to (a) whilst under way; or work. For the purpose of this paragraph (b) in wet places or confined spaces; or the number of storeys shall be calculated (c) in a ship which has done one trip or more, from the street level and includes the in a fume or dust laden atmosphere, in ground floor. bilges, or when cleaning blockages in soil (b) The construction of buildings by the lift pipes or waste pipes or repairing brine slab method of erection or of silos when pipes. that work is carried out at a height of For the purpose of this subclause "wet place" 50 feet or more above the ground level. means one in which the clothing of the worker (4) Workers employed on the following work necessarily becomes wet to an uncomfortable shall be paid at the rate of six cents per hour in degree or one in which water accumulates addition to the prescribed rate whist so em- underfoot. ployed:— (7) All pipe work carried out by plumbers on a (a) Working on a boat-type or swinging scaf- ship of any class under the plates in the engine fold. "Swinging Scaffold" means any and boiler rooms and oil fuel tanks shall be paid scaffold suspended from overhead gear and for at the rate of 18 cents per hour in addition to not supported from the ground and which, the rates set out in clause 9. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(8) Well Work: A plumber or labourer required (19) Loads: Where bricks are being used the to enter a well thirty feet or more in depth for the worker shall not be required to carry— purpose in the first place of examining the pump, (ai more than 40 bricks each load in a wheel- pipe or any other work connected therewith, shall barrow (on a scaffold) to a height of 15 receive an amount of 33 cents for such examination feet from the ground: and 20 cents per hour extra thereafter for fixing, (b) more than 36 bricks each load in a wheel- renewing or repairing such work. barrow over and above a height of 15 feet (9) Permit Work: Any licensed plumber called on a scaffold; upon by his employer to use the license issued to The type of wheel barrow shall be agreed him by the Metropolitan Water Supply, Sewerage upon with the unions. and Drainage Board for an period in any one week, (20) Grinding Facilities: The employer shall pro- shall be paid 10 dollars for that week, in addition vide adequate facilities for the workers to grind to the rate prescribed in clause 9. tools, either at the job or at the employer's pre- (10) Plumbers on Sewerage Work: Plumbers, or mises and workers shall be allowed time to use the apprentices in their third, fourth or fifth year, on same whenever reasonably necessary. work involving the opening up of house drains or (21) First Aid Outfit: On each job the employer wastepipes for the purpose of clearing blockages shall provide a sufficient suply of bandages and or for any other purpose, or work involving the antiseptic dressings for use in cases of accident, cleaning out of septic tanks or dry wells, shall be (22) A worker, holding a Third Year First Aid paid a minimum of 33 cents per day, in addition Medallion of the St. John Ambulance Association, to the prescribed rate, whilst so employed. appointed by the employer to perform first aid (11) Stonemasons putting in foundations for duties, shall be paid at the rate of one dollar memorials in cemeteries shall be paid 90 cents and 25 cents per week in addition to the pre- extra for each foundation. Provided that this shall scribed rate. not apply where concrete piers are put in with (23) (a) The employer shall supply a safety hel- posthole diggers. met to each of his workers requesting one on any (12) Stonemasons working on the wall (cottage job where, pursuant to the regulations made under work and foundation work in coastal stone ex- the Inspection of Scaffolding Act, 1924-1962, a cepted) shall be paid three cents per hour extra. worker is required to wear such a helmet. (13) Setter Out: A "setter out" in a joiner's shop (b) Any helmet so supplied shall remain the pro- shall be paid 55 cents per day extra above the perty of the employer and during the time it is on minimum rate hereinbefore prescribed for his trade, issue, the worker shall be responsible for any loss but where a worker qualifies for an allowance under or damage thereto, fair wear and tear attributable this subclause and also under clause 13, he shall be to ordinary use excepted. entitled to whichever allowance is the higher, but (24) Provision of Boiling Water: The employer not to both. shall, where practicable, provide boiling water for (14) Detail Worker: A joiner engaged on detail the use of his workers on each job, at lunch time. work shall be paid 55 cents per day extra above the (25) Sanitary Arrangements: The employer minimum rate hereinbefore prescribed for his trade, shall comply with the provisions of section 102 but where a worker qualifies for an allowance under this subclause and also under clause 13, he shall of the Health Act, 1911. be entitled to whichever allowance is the higher, (26) Attendants on Ladders: No worker shall but not to both. work on a ladder at a height of over 20 feet from (15) Chemical and Manure Works and Oil Re- the ground when such ladder is standing in any fineries.—Journeymen and builder's labourers work- street, way or lane where traffic is passing to and ing in chemical and manure works and oil refineries fro, without an assistant on the ground. shall receive three cents per hour additional to the (27) Electrical Sanding Machines: The use of rate prescribed. electrical sanding machines for sanding down paint (16) Spray Painting (Painters): work shall be governed by the following provi- (a) Lead paint shall not be applied by a spray sions:— to the interior of any building. (a) The weight of each such machine shall (b) All workers (including apprentices) apply- not exceed thirteen pounds. ing paint by spraying shall be provided (b) Every employer operating any such with full overalls and head covering and machine shall ensure that each such respirators by the employer. machine, together with all electrical leads (c) Where from the nature of the paint or sub- and associated equipment is kept in a safe stance used in spraying, a respirator would condition and shall, if requested^ so to do be of little or no practical use in prevent- by any worker, but not more often than ing the absorption of fumes or materials once in any four weeks, cause the same from substances used by a worker in spray to be inspected by a licensed electrical painting, the worker shall be paid a special worker under the Electricity Act and the allowance of eighteen cents per day. regulations made thereunder, (17) (a) Lead Paint Surfaces: No surface painted (c) Employers shall provide and supply respi- with lead paint shall be rubbed down or scraped rators of a suitable type to each worker by a dry process. and shall maintain same in an effective (b) Width of Brushes: All paint brushes shall and cleanly state at all times. not exceed five inches in width and no kalsomine Where respirators are used by more than brush shall be more than seven inches in width. one worker, each such respirator shall be (c) Meals not to be taken in paint shop: No sterilised or a new pad inserted after use worker shall be permitted to have a meal in any by each such worker. paint shop or place where paint is stored or used. (d) Employers shall also provide and supply (18) Water and Soap: Water and soap shall be goggles of a suitable type. Provided that provided in each shop or on each job by the em- goggles with celluloid lenses shall not be ployer for the use of painters. regarded as suitable. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

(e) All workers shall use such protective equip- m the case of a worker to whom paragraph ment when using electrical sanding (c) of subclause (2) of clause 9 of this machines of any type. award applies—four dollars. (28) Adequate precautions shall be taken by all (e) In the calculation of pro rata entitlements employers for the safety of workers employed on Jie result shall be taken to the nearest five cents. retaining walls of dams. Any dispute as to the (31) Any dispute which may arise between the adequacy of precautions taken shall be referred parties in relation to the application of any of to the Board of Reference. the foregoing special rates and provisions may be (29) The employer shall comply with all provi- determined by the Board of Reference. sions of the Inspection of Scaffolding Act, 1924- 1962, and any regulations made thereunder. 15.—Inclement Weather. (30) (a) This subclause applies to workers em- Notwithstanding the provisions of clause 33 ployed— (Breakdowns, etc.), each worker (other than a casual worker) shall be paid an allowance at ordi- (i) on Increment 1 or Increment 2 of the nary rates for time lost through inclement weather, construction of the communications centre m the area occupied and controlled by the subject to the following conditions:— United States Navy at and in the vicinity (1) That such allowance shall not exceed the of North West Cape and during the period equivalent of eight hours' pay in any one of the construction of those increments to week. workers employed on other construction (2) That weather shall not be regarded as work at the town of Exmouth; inclement for the purposes of this clause (ii) in connection with the initial construction unless the employer or his representative of mining and other facilities being car- on the job, and the worker or a represen- ried out for and on behalf of Hamersley tative of the worker, agree that it shall be Iron Proprietary Limited at and in the so regarded. Failing such agreement, vicinity of Mount Tom Price and Dampier weather shall not be regarded as incle- and for and on behalf of Goldsworthy Min- ment and work shall continue. ing Pty. Limited at and in the vicinity of (3) That any intermission of work owing to Mount Goldsworthy and Port Hedland; and inclement weather, regarded as such afore- (iii) on any project that the employers and the said, shall immediately cease and work union or unions concerned agree is similar shall be immediately resumed on the em- to those specified in paragraphs (i) and ployer or his representative calling for a (ii) hereof if that agreement is aproved resumption of work. by the Board of Reference or, in default (4) That a worker shall not be entitled to of agreement, that is declared to be similar payment as provided for in this clause by the Board of Reference. unless he remains on the job until a deci- sion to cease work for the day has been (b) A worker required to work for not less than made by agreement between the employer fifty-four hours per week between the hours of 6 or his representative and the worker or a.m. and 5 p.m. Monday to Saturday, both inclusive his representative. who is ready, willing and available to work those hours and who works as directed by his employer, (5) That the intermission of work by workers shall be paid for such fifty-four hours the appro- who would be exposed to or working in priate allowance prescribed hereunder. Except as inclement weather, so regarded in accord- provided in paragraph (c) hereof a worker shall ance with this clause, shall not be a ground be paid for not less than forty hours together with for intermission of work in places where the allowance pro rata in any week in which he workers are not so exposed to or are not is ready, willing and available for work as pre- called upon to work in such inclement scribed in this paragraph. Where forty hours or weather. more but less than fifty-four hours are worked the 16.—Change Room. allowance shall be pro rata to the actual hours Where no other reasonably suitable place is worked. A worker shall be deemed to be ready, available, the principal contractor shall (unless it willing and available for work, notwithstanding his is impracticable to do so) provide on each job a absence from work, if such absence is supported suitable and convenient change room where the by a certificate from the local doctor that such workers may change their clothes. The change worker was unfit for duty due to sickness or acci- room shall not be used for storing lime, cement or dent not arising out of the worker's wilful action, other similar materials. and under such circumstances shall be paid in accordance with paragraph (c). 17.—Protection of Workers' Tools. (c) A worker who, in any week, would but for (1) Carpenters and Joiners.—The employer shall absence on approved leave or because he com- provide a waterproof and reasonably secure place menced employment after the beginning of that where the workers' tools (when not in use) may week or because of accident or sickness as referred be locked up apart from the employer's plant or to in paragraph (b) of this subclause have quali- material. fied for payment under that paragraph, shall be (2) Other Workers Except Builders' Labourers.— paid the allowance referred to in the said para- The employer shall, when practicable, provide a graph pro rata to the actual hours worked. reasonably secure place on each job for the safe- keeping of the workers' tools when not in use. (d) The allowance referred to in paragraph (3) The employer shall indemnify a worker in (b) of this subclause shall be— respect of any tools of the worker stolen, if the in the case of a worker to whom paragraph (a) employer's failure to comply with this clause is a of subclause (2) of clause 9 of this award material factor in contributing to the stealing of applies—seven dollars; and the tools. 29 June, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

18.—Pares and Travelling Time. (3) Time occupied in travelling (including wait- (1) For all workers required on any day to re- ing for transport connections) up to a maximum port directly to the job, the following allowance of eight hours each day shall be paid for at ordinary shall be paid to workers and apprentices to com- rates. Time occupied after arriving at the destina- pensate for excess fares and travelling time from tion awaiting commencement of work during the worker's home to his place of work and re- ordinary working hours shall be deemed to be turn:— time occupied in travelling. (4) The employer shall pay all fares, which shall (a) On places within a radius of 14 miles from be deemed to include the cost of transporting the the G.P.O., Perth—53 cents per day. worker's tools, in connection with such travelling, (b) For each additional mile up to 30 miles- and shall pay the cost of each ordinary meal five cents per mile. actually and reasonably required during such (ei Subject to the provisions of paragraph (d) travelling but the minimum allowance for such work performed at places beyond 30 miles a meal shall be fifty cents. Provided that neither from the G.P.O., Perth, shall be deemed the amount of the return fare nor the amount to be distant work unless the employer payable for the return travelling shall be payable and the workers, with the consent of the if the worker be dismissed for misconduct or within union, agree in any particular case that one working week of his commencing work on the the travelling allowance for such work job, for incompetency, or if the worker terminates shall be paid under this clause in which or discontinues his work on the job within one case an additional allowance of seven cents months of his commencing it: Provided further- per mile shall' be paid for each mile in that where such travelling is to or from or within excess of 30 miles. the area of the State north of latitude 26° S., the (di In respect to work carried out from an following provisions shall apply:— employer's depot situated more than 30 (a) The amount of the original fare shall be miles from the G.P.O., Perth, the main deducted from the subsequent earnings of Post Office in the town in which such the worker. depot is situated is substituted as the (b) One-third of the amount of such fare centre for the purposes of calculating the shall be refunded by the employer to any allowance to be paid to workers as fol- worker who continues for each of the first lows:— three months of the duration of the job, (i) On places of work within a radius with the full fare being refunded by the of two miles from such Post Office employer to a worker who continues in —Nil. his service until the completion of any (ii) On places of work beyond a radius job of less than three months' duration of two miles but within a radius of or to any worker dismissed by the em- 12 miles from such Post Office— ployer within the first three months of 53 cents per day. the employment, unless such dismissal was (iii) For each additional mile up to 30 due to the worker's misconduct. miles—five cents per mile. (c) Where a worker continues in the em- ployer's service at a distant job for three (e) Apprentices shall be paid three-quarters of months or six months, he shall be paid the above rates. by the employer either one half or the (f) Where transport to and from the job is full amount, as the case may be, of the provided by the employer from and to his fares incurred in returning to his home, depot or such other place more conveni- with the full amount of such fares being- ent to the worker as is mutually agreed payable by the employer to a worker who upon between the employer and worker, continues in his service until the comple- half the above rates shall be paid: Pro- tion of any job of less than six months' vided that the conveyance used for such duration or to any worker dismissed by transport is provided with suitable seat- the employer within the first six months ing and weatherproof covering. of the employment unless such dismissal (2) For travelling during working hours from was due to the worker's misconduct. and to the employer's place of business or from one (5) Where a worker uses any kind of conveyance job to another, a worker shall be paid by the em- of his own in travelling, the amount of the fare ployer at ordinary rates. The employer shall pay that would have been reasonably incurred had the all fares and reasonable expenses in connection worker used a public conveyance shall be paid by with such travelling. the employer to the worker. (3) The provisions of this clause shall not apply (6) (a) A worker not required to work during to workers covered by clause 19—Distant work. a weekend who works as required during the 19.—Distant Work. ordinary hours of work on the working day before (1) Where a worker is sent by his employer oi- and the working day after a weekend, and who ls engaged or selected or advised by an employer notifies his employer no later than the previous to proceed to a job or is told by an employer that Tuesday of his intention to return home at the a job will be available at such distance that he weekend and who returns home for that weekend, cannot return to his home each night, the em- shall be paid an allowance of four dollars for ployer shall pay the expenses reasonably incurred each such occasion unless travelling facilities are by the worker for board and lodging or shall provided. provide suitable board and lodging, but where the (b) A worker shall be deemed to have returned worker is required to provide bedding, he shall home at the weekend only if he is absent from be paid an allowance of 50 cents per week. the accommodation provided for him at the distant (2) When any worker is required to travel at place for not less than half the hours between night, sleeping berth accommodation shall be ceasing work on Friday and commencing work on provided by the employer. the next following working day. 814 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE, [29 June, 1966,

(7) If a worker elects to return to his home at The area within the following dis- the weekend after three mnoths' continuous service tricts :— $ away from home in the employ of the one em- (c) Three miles eastward of Meeka- ployer and thereafter at the end of each three- tharra to Wiluna 1.05 monthly period, he shall be paid a second class (d) The area within a line commencing return rail or road bus fare on the pay day which on the coast at lat. 24°; thence east immediately follows the date on which he returns to the South Australian border; to the job, unless travelling facilities are provided. thence south to the coast; thence This subclause shall not apply where the worker along the coast to long. 123°; thence has visited his home at the employer's expense, north to the intersection of lat. 26°; whether under subclause (6) or otherwise, during thence west along lat. 26° to the the three monthly period. coast 3.00 (8) When a worker has been engaged by the one (e) That area of the State situated be- employer for six months to work at a distant place tween lat. 24° and a line running from which it was not practicable to return to his east from Car not Bay to the South home at the end of three months, he shall at the Australian border 6.00 end of six months be granted one day's leave with- (f) That area of the State north of a out pay to enable him to return to his home during line running east from Carnot Bay such "long" weekend and, unless travelling facili- to the South Australian border . 7.00 ties are provided, he shall be paid a second class (2) The above allowances cover a week, whether return rail or road bus fare on the pay day which of five, six or seven days. For periods of less than immediately follows the date on which he returns five days, one-seventh of the above shall be payable to the job. Provided that a worker on jobs in the for each day or part thereof. Provided, however, area of the State north of latitude 26° S.. shall that workers who have worked at least one-half after working continuously for an employer for of a week shall be given the benefit of Sunday in six months without returning to his home be paid the calculation of district allowances. an additional three days' pay and after working (3) Workers living in messes provided by the for an employer continuously for twelve months employer shall be paid half the rates prescribed be granted two days' leave without pay and be in subclause (1). paid his return air fares between the job and his home on the pay day immediately following his 21.—Camp Allowances. return to the job. Provided further that for any (1) Where a worker is required to live in a tent specified job in the area of the State north of at or in the neighbourhood of the job, the employer latitude 28° S., with the consent of the union, any shall provide a suitable tent in good condition with other arrangement acceptable to the workers may board flooring and pay to that worker an allow- be substituted for the foregoing provision. ance at the rate of two dollars per week. (9) Where a worker, supplied with board and (2) In esses where the nature of the work nec- lodging by his employer, is required to live more essitates the pitching of a temporary camp, and than one half of a mile from the job, he shall when such camp is shifted to suit the requirements be provided with suitable transport to and from of the work, then the employer shall allow full that job or be paid an allowance of fifty-three pay for the actual time reasonably taken in strik- cents per day provided that where the time ing and pitching camp and the erection of bunks. actually spent in travelling either to or from the The employer shall decide as to what is a reason- job exceeds twenty minutes, that excess travelling able time for the striking and pitching, and pay- time shall be paid for at ordinary rates whether ment shall be made accordingly. In the event of or not suitable transport is supplied by the any dispute arising under this subclause, the same employer. may be decided by the Board of Reference. 20.—District Allowance. 22.-—Hours. (1) In addition to the wages prescribed in clause (1) Forty hours shall constitute a week's work. 9 hereof, allowances shall be paid at the rates set (2) Subject as hereinafter provided, such hours out below, to the workers employed in the follow- shall be worked on the first five days of the week ing areas:— and eight hours shall be worked on each day be- Boundary of Districts and allowance per tween the hours of 7.30 a.m. and 5 p.m. with an week: $ interval of not less than 45 minutes for lunch, pro- (a) The area within the State for which vided however— an allowance is not provided for (a) that in the case of repairs and renovations hereafter and including that area to shops or business premises where the within a radius of ten miles of Kal- work is likely to cause discomfort and in- goorlie, Boulder and Southern Cross Nil convenience to the users of the premises, the foregoing hours may be altered to (b) The area within the following dis- 7 a.m. to 6 p.m. on the first five days of tricts except that area situated with- the week, but a shift shall not be broken in a radius of ten miles of Kalgoorlic, except for the duration of the meal period. Boulder and Southern Cross:— Where the employer avails himself of the Carrabin and Bullfinch to South- proviso of this subclause, he shall notify ern Cross 0.52 the union in writing within 48 hours of Southern Cross and eastward to the commencement of the job; Kanowna 0.52 (b) that in the case of emergency work, a Coolgardie to Salmon Gums .... 0.52 worker in the plumbing industry may be Southward of Salmon Gums to rostered to work on Saturday morning and Esperance 0.23 such work may be counted as part of his Northward of the Kalgoorlic radius 0.70 40-hour week. The altered starting and Wurarga and eastward and north- finishing times necessitated by such an ward thereof to Meekatharra .... 0.70 arrangement shall be as agreed between Hopetoun - Ravensthorpe 0.70 the worker and the employer; 815

(c) that for any work in the area of north of (6) Any worker who is required to continue latitude 26 deg. S., the starting and finish- working for more than two.hours after his usual ing times herein prescribed may be altered knock-off time on any day shall be supplied by by agreement in writing between the em- the employer with a reasonable meal or, in lieu ployer and any accredited union official; of such meal, shall be paid an allowance of 50 (d) that an employer may employ his workers cents for a meal. Provided that this subclause on shifts under the provisions of clause shall not apply to a worker who has been notified 37 of this award. on the previous day that lie would be required (3) A worker shall not be prohibited nor dis- to work such overtime. couraged by his employer, nor by any leading hand (7) (a) Rest Period After Overtime: When over- or foreman acting for the employer, from having a time work is necessary it shall, wherever reasonably "cup of tea" (which expression includes any suit- practicable be so arranged that workers have at able beverage, together with something to eat) at least eight consecutive hours off duty between the a convenient time once during each morning work work of successive days. period, providing that such "cup of tea" is taken (b) A worker (other than a casual worker) who at a suitable place (where flasks and cribs may works so much overtime between the termination be safely left) designated by the employer for any of his ordinary work on one day and the com- particular worker or group of workers or if no such mencement of his ordinary work on the next day place be designated then at the nearest such suit- that he has not at least eight consecutive hours able place to the place where the worker in quest- off duty between those times shall, subject to para- ion reasonably believes when he commences work graph (c) of this subclause, be released after com- for the morning that he will be working at about pletion of such overtime until he has had eight- the time he customarily has such "cup of tea", and consecutive hours off duty without loss of pay for provided further that work is not unduly interfered ordinary working time occurring during such ab- with and that there is no organised stoppage of sence. work for the purpose of having the "cup of tea" (c) If, on the instructions of his employer, such except with the consent of the employer. a worker resumes or continues work without hav- (4) Where a worker is employed in such a place ing had such eight consecutive hours off duty, he or under such circumstances that it is not per- shall be paid at double rates until lie is released missible or practical for him to smoke at his work- from duty for such period and he shall then be ing place, he shall be permitted at some convenient- entitled to be absent until he has had eight con- time at least once during each morning work period secutive hours off duty without loss of pay for to go to some place at which smoking is permit- ordinary working time occurring during such ab- ted and practical for sufficient time, not exceeding- sence. seven minutes, to enjoy a smoke. 24.—Holidays, 23.—Overtime. (1) The following shall be regarded as holidays, (1) Subject to the provisions of clause 22 hereof but not paid holidays: The days observed as New a worker who commences work between midnight Year's Day, Australia Day, Good Friday, Easter and 6 a.m. shall be paid at the rate of double Monday, Anzac Day, Labour Day, State Founda- time until his usual starting time and, subject tion Day, Union Picnic Day, Christmas Day and thereto, all work performed outside the normal Boxing Day. limits of the hours of labour shall be paid for at Wlwre Christmas Day or New Year's Day falls the rate of time and a half for the first two hours on a- Saturday or a Sunday, such holiday shall be and double time thereafter. observed on the next succeeding Monday and where (2) Any worker who has left the premises at Boxing Day falls on a Sunday or a Monday such which he is employed and is recalled to work after holiday shall be observed on the next succeeding the usual ceasing time for less than one hour shall Tuesday in each such case the substituted day receive payment for one hour at overtime rates. shall be deemed a holiday without deduction of (3) If a worker is required to work during the pay in lieu of the day for which it is substituted. recognised meal period so that the commencement Provided that where the allowance prescribed of the meal period is postponed for more than in subclause (4) of Clause 9 Wages is not paid half an hour, that worker shall receive payment the holidays set out above shall be without deduc- at double time rates until he gets his meal. Pro- tion of pay. vided that where it is necessary for work to con- (2) All workers required to work on the days tinue uninterrupted, a lunch break of not less named in subclause (1) hereof, or on any Sunday than 45 minutes shall be allowed betv/een the shall be paid double time rate for all time worked hours of 11.15 a.m. and 1.30 p.m. to workers en- on any such day. gaged on such work. (3) On any public holiday not prescribed as a (4) Subject to the preceding subclause, if a holiday under this award, the employer's estab- worker who is required to work during the recog- lishment or place of business may be closed, in nised meal period does not in consequence obtain which case a worker need not present himself for during the shift the full continuous meal period, duty, and payment may be deducted, but if work be or loses any portion of the meal period, he shall done ordinary rates of pay shall apply. be paid at double time rates for the period not (4) Except as hereinafter provided, a period of obtained or any portion lost. three consecutive weeks' leave with payment of (5) The expression "recognised meal period" ordinary wages as prescribed shall be allowed an- means the period customarily observed as the meal nually to a worker by his employer after a period period between fixed times on the job, or at the of twelve months' continuous service with such works, as the case may be, except where the time employer. of commencement of the customary period is (5) If any award holiday falls within a worker's altered by mutual consent of the employer and the period of annual leave and is observed on a day workers on a job to suit the convenience of the which in the case of that worker would have been workers or the building proprietor, in which case an ordinary working day, there shall be added to the altered times shall be the basis of any rights that period one day being an ordinary working under the preceding subclauses (3) and (4). day for each such holiday observed as aforesaid. 816 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

(6) (a) Workers receiving the allowance pre- (14) Notwithstanding anything else herein con- scribed in subclause (4) of clause 9—Wages: If tained an employer who observes a Christmas a worker completes one week's continuous service closedown for the purpose of granting annual leave in any qualifying twelve-monthly period and law- may require a worker to take his annual leave in fully leaves his employment or his employment is not more than two periods but neither of such terminated by the employer through no fault of periods shall be less than one week. the worker, the worker shall be paid three fifty seconds of a week's pay at his ordinary rate of 25.—Long Service Leave. wage in respect of each completed week of con- The Long Service Leave provisions set out in tinuous service. Volume 44 of the Western Australian Industrial

Provided that sick leave which accumulates pur- (b) Plumbers shall supply themselves with all suant to this subclause shall be available to the tools set out hereunder:— worker for a period of two years but no longer from Lead dresser, bending stick, bossing the end of the year in which it accrues. tick, bossing mallet, one set of 1-1 27.—Board of Reference. in. bobbins, one set of 2 in. bob- (1) The Commission hereby appoints, for the bins, one bent pin, two l i in. man- purposes of this award, a Board of Reference con- drils, two 2 in. mandrils, one set sisting of a Chairman and two other members who 12 in. snips, one set 10 in. bent shall be appointed pursuant to regulation 80 of the snips, one square 12 in. (car- Industrial Arbitration Act (The Western Australian penter's), one set wiping cloths, Industrial Commission) Regulations, 1964. one brace (ratchet), one set wood bits, one steel compass 8 in. or 9 (2) The Board of Reference is hereby assigned in., one 2 ft. rule (carpenter's), the function of determining any dispute between cane handled dummy, panel saw, the parties in relation to any matter which under ladle, hammer (bricklayer's) this award may be allowed, approved, fixed deter- caulking tools, rasp, file, hack saw, mined or dealt with by a Board of Reference. gas pliers, steel float, rivet set, 28.—Under-rate Workers. groover, one shave hook, one claw (1) Any worker who by reason of old age or in- hammer, one spirit level, one pair firmity is unable to earn the minimum wage may pliers, cold chisel 6 to 9, plumb be paid such lesser wage as may from time to time bob, 60 ft. chalk line, wall drills, be agreed upon in writing between the union and foot prints 7 in., footprints 12 in., the employer. pointing trowel, screwdriver 10 in. and 14 in., bevel (carpenter's), one (2) In the event of no agreement being arrived crescent wrench 10 in., blowlamp, at, the matter may be referred to the Board of nest of keyhole saws. Reference for determination. CP Bricklayers: The employer shall supply (3) After application has been made to the Board scrutch combs and blades when required. and pending the board's decision, the worker shall l8) A worker in receipt of a tool allowance shall be entitled to work for and be employed at the provide himself with all necessary tools, kept in proposed lesser rate. suitable condition for the performance of his work 29.—Provision of Appliances. (other than those tools to be provided by the em- (1) Builders' Labourers: Employers shall provide ployer in accordance with this clause.) all necessary plant and tools free of charge. A worker who fails to provide all such tools when (2) Carpenters: The employer shall provide the required shall be guilty of a breach of this award following tools when they are required on the job— and shall not be entitled to the tool allowance pre- Dogs and cramps of all description, bars of ail de- scribed in this award until he complies with this scription, augers of all sizes, bits not ordinarily clause. used in a brace, all hammers except claw hammers, 30.—Representative Interviewing Workers. glue pots and brushes, dowel plates, trammels, On notifying the employer or his representative, hand and thumb screws, soldering irons, spanners the Secretary or any authorised officer of the from three-quarters of an inch upwards and all union or association shall have the right to visit power driven tools and machines on construction and inspect any job or shop or factory at any time jobs. when work is being carried on whether during or (3) Painters: The employer shall provide ail tools outside the ordinary working hours and to inter- in connection with the painting trade, excepting view the workers covered by this award provided putty knife, strippers, scissors, duster, paperhanging that he does not unduly interfere with the work brush, roller, two lining fitches, a two-foot rule, in progress. hammer and hacking knife. 31.—Record Book. (4) Sigmvriters: Signwriters shall provide them- Q) The employer shall make and keep a record selves with a full set of pencils and fitches, rest or records showing— stick, wash leather and two-foot rule. (a) the name and trade of each worker and (5) Plasterers: The employer shall supply all location of employment; floating rules, darbies, trammels, centres, buckets (b) the starting and finishing times on each and sieves. Stands for plasterers' mortar boards day; not less than two feet six inches from the ground (c) the hours worked; or where practicable and safe from a scaffold level, (d) the wage and overtime (if any) paid; shall be provided for the plasterer by the employer (e) the amount of fares and travelling time when requested. paid; (6) Plumbers: (f) taxation deductions; (a) The following tools shall be provided by the (2) Each week such record shall be signed by employer:— the worker or a receipt completed by the worker Metal pots, plumbing irons, mandrils, upon receipt of his wages and such record or re- long dummies, stocks and dies for ceipt shall be available for inspection by the Sec- iron and brass pipes, cutters, all retary or other duly accredited representative of tongs over twelve inches, vices, the union at any time during working hours at hack saw blades, taps and chisels the employer's business premises, and such per- for brick and concrete, son may take extracts therefrom: Provided that and the employer shall also supply all tools if such records are not available when demanded required for work to be performed on because of being at the job or by reason of a cause wrought iron and lead pipes over two beyond the employer's control, the employer shall inches in diameter and a worker shall sup- within twenty-four hours notify the union of a ply only the usual kit bag of tools and reasonable time and place at which they may be blow lamp. inspected. 818 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1966.

(3) Details of how his wages are made up shall (4) (a) Wages (per cent, of basic wage per be available to the worker at the time of payment. week): % (4) Any system of automatic recording by (i) Five-year term— machines shall be deemed a record for the purposes First year 35 of this clause. Second year .... 50 32.—Posting of Award and Union Notices. Third year 68 No employer shall prevent an official of the Fourth year 90 workers' union from posting a copy of this award, Fifth year 100 + $3.82 or any union notice, not exceeding fourteen inches (ii) Three-year term— by nine inches in a suitable place on any job. First year 55 Second year .... 90 33.—Breakdowns, etc. Third year 100 + $3.82 The employer shall be entitled to deduct pay- (b) Where apprentices work in circumstanc- ment for any day or portion of a day upon which es which would entitle tradesmen to the the worker cannot be usefully employed because construction allowance, the following of any strike by the union or unions affiliated with extra rates shall be paid to appren- it, or by any other association or union, or through tices:— the breakdown of the employer's machinery or any (i) Five year term (per cent, of stoppage of work by any cause which the employer construction allowance per cannot reasonably prevent. week)— % 34.—Cadets. First year 35 (1) Notwithstanding anything herein contained Second year 50 or implied, a bona fide registered builder shall be Third year 68 permitted to appoint one son (or any other nomi- Fourth year 90 nee) as a cadet to learn all branches of the build- Fifth year 100 ing trade. The rates and conditions for cadets (ii) Three year term (per cent, of shall not be less favourable than the applicable construction allowance per rates and conditions prescribed for apprentices by week)'— this award. First year 55 (2) Only one such cadet at any particular time Second year 90 shall be permitted any employer. Third year 100 (3) This clause shall apply only to an established business employing three or more journeymen, each (5) The employment of apprentices in the brick- one of whom shall be a qualified tradesman from laying, stonemasonry and plastering trades shall three or more building trades as defined in clause be governed by the provisions of the Building 3 of this award. Trades Apprenticeship Regulations. (4) The employer of a cadet shall notify the (6) Subject to regulation 25 of the Apprentice- Registrar within fourteen days of his engagement. ship Regulations 1964, the following shall apply to Upon receipt of such notification, the Registrar the training of carpentry and joinery apprentices:— shall give the unions fourteen days in which to (a) Every apprentice shall either— object to the employment of the cadet. (i) attend regularly and punctually any (5) On receipt of an objection, the matter shall appropriate vocational class or classes be referred to the Commission and the Commission, of instruction; or after hearing the parties, may make such order (ii) study any approved correspondence as it thinks fit. course appropriate to his trade. 35.—Apprentices. (b) Where an apprentice lives within 12 miles (11 Except as hereinafter provided, the term of of a Government or other approved tech- apprenticeship shall be five years, nical school where a course appropriate (2) The maximum number of apprentices al- to his trade and grade is provided, he must lowed to any employer in any branch shall be in attend this course. the following proportions:— (c) The hours of attendance in appropriate Bricklaying, Stonemasonry, Plastering: As al- trade classes shall be eight hours per week lowed under the Building Trades Appren- for the first school year of his apprentice- ticeship Regulations. ship—February to November—in his ap- Carpentry and Joinery, Plumbing: One ap- propriate technical course and eight hours prentice to every two or fraction of two per fortnight for the three subsequent journeymen employed by him, provided the school years: Provided that time lost dur- fraction shall not be less than one. ing training shall be made up during the Painting, Signwriting, Glazing: One appren- fifth year of apprenticeship. tice to every three or fraction of three journeymen employed by him in that (7) Subject to regulation No. 27 of the Appren- branch, provided the fraction shall not be ticeship Regulations, 1964, apprentices from any less than one. district in country areas where an appropriate tech- (3) Any male person under the age of 21 years nical class is not established, shall attend an ap- who has satisfactorily completed an approved pre- proved technical centre for two weeks' training each apprenticeship course conducted by the Technical year without loss of pay. Education Division of the Education Department (8) The employer shall be under no obligation may be indentured as an apprentice carpenter and to teach an apprentice to carpentry and joinery, joiner or bricklayer on a three-year term of ap- any work in connection with metal ceilings prenticeship. where that work is not performed by such em- In this subclause "approved" means approved by ployer. the Carpentry and Joinery Apprenticeship Advisory (9) A tool allowance of one-third of the amount Committee or the Mortar Trades Apprenticeship payable to tradesmen shall be paid to Advisory Committee as the case may be. apprentices (except in the stonemasonry 23 June, 1966.1 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 819 trade) in their first year and of two-thirds of the (h) A crib time shall be taken not less than amount payable to tradesmen, in such apprentices' four or more than five hours after the commence- second year, and of the same amount as is payable ment of the shift. to tradesmen in their third, fourth and fifth years (i) Suitable waterproof covering shall be pro- of apprenticeship. vided when necessary. (10) The employer shall provide each apprentice (j) Lighting shall be sufficient to provide full in the painting trade during his first year with a safety conditions. putty knife, stripper and duster. (k) Necessary precautions shall be taken against arc welding flashes. (11) No apprentice to the painting or signwrit- ing trades shall be registered in accordance with (2) Shift work may be worked in superphosphate the provisions of this award until such time as works under similar conditions to those set out he has lodged with the Registrar, a certificate to in the next preceding subclause hereof except that the effect that he does not suffer any disability the notice to be given to the unions shall be at by reason of colour blindness. least twenty-four hours' notice.

36.—Prohibition of Females or Junior Workers. 38.—Exemptions. (1) Except as provided in subclause (2) hereof, The Broken Hill Proprietary Company Limited, the employment of females or junior workers in respect to workers employed by it solely on (except cadets on any work which, if performed by maintenance work shall be exempted from comply- an adult male worker, would be subject to the ing with the provisions of clause 10 and for such provisions of this award is prohibited unless the workers may reduce the meal period prescribed consent of the appropriate union is in each case in subclause (2) of clause 22 to a period of not first obtained. If any female or junior worker less than thirty minutes. (except a cadet or apprentice) is so employed such worker shall be paid not less than the wage of an adult male performing similar work. Schedule of Respondents. (2) A junior worker (other than a cadet) em- ployed on work for which an apprenticeship is Master Builders Association of Western Australia provided for in this award and who is not regis- (Union of Employers) Perth, 37 Havelock tered as a probationer pursuant to regulation 5 Street, West Perth. of the Apprenticeship Regulations, shall be paid Western Australian Builders Guild (Inc.), 66 St. not less than the wage prescribed in clause 9 George's Terrace, Perth. for an adult male worker performing similar work Masters Painters, Decorators and Signwriters provided that this subclause shall not apply to Association of Western Australia, Wilfred any worker engaged with a view to apprenticeship. Road, Canning Vale. Such a worker shall be entitled to the rate pres- Master Plasterers Association of W.A. Union of cribed by this award for an apprentice in his Employers, 19 Howard Street, Perth. first year. The Manager, Millars Timber & Trading Co. Ltd., 115 St. George's Terrace, Perth, 37.—Shift Work. The Manager, Australian Lumber Co. Pty. Ltd., (1) a) On concrete silos construction where it North Lake Road, Melville. is found necessary to pour concrete by continuous The Manager, Berry Joinery Pty. Ltd., 90 Scar- pour methods, the employer may employ workers borough Beach Road, Mt. Hawthorn. on shift work, but before doing so shall give The Manager, Horace Costello & Co., 616 Hay notice of his intention to the unions concerned. Street, Jolimont. (b) One month's notice shall be given of his The Manager, Geraldton Building Co. Pty. Ltd., intention of doing so, but such notice need not Ocean Street, Geraldton. specify the exact commencing date of the pour. Messrs. A. J. Wildy & Zimmer, Prior Street, Albany. (c) When such shift work is to be worked, the Mr. R. J. Mason, Building Contractor, 10 Earl loading shall be on the ordinary rates, including Street, Albany. all allowances as prescribed in clause 9 of this Mr. T. D. Scott, Builder and Contractor, Bourke award, plus 25 per cent, for day, afternoon and Street, Bunbury and 180 Boulder Road, night shift. Boulder. (d) The normal working hours for shift work Mr. G. Duckett, Builder, Mt. Barker. shall be forty per week, to be worked in shifts Messrs, Ausden & Prosser, Strickland Street, of eight hours per day—Monday to Friday, in- Bunbury. clusive. Provided that overtime shall be double The Manager, J. G. Hough & Son Ltd., Albert time as defined in subclause (11) of clause 24. Road, Bunbury. (e) All work on any Saturday, Sunday or Public Mr. C. T. Gibbings, 353 Marine Terrace, Geraldton. Holiday shall be paid at the ordinary penalty rates for such day. The Manager, Thomson Bros. Ltd., Katanning. Messrs. S. W. Hawkes & Sons, Ensign Street, (f) Work under this award shall not be rec- Narrogin. ognised as shift work unless five consecutive after- noons or nights are worked, but shall be deemed Messrs. W. Barrett & Son, Caves Road, Busselton. overtime. Mr. R. Falkingham, Kent Street, Busselton. (g) Twenty minutes crib time for shift workers The Manager, Messrs, A. T. Brine & Sons Pty. Ltd., shall be taken in relays at such time as not to 22 St. George's Terrace, Perth. cause a stoppage of work and no deduction shall The Manager, Greenhalgh & Hewitt Pty. Ltd., be made therefor. A.M.P. Chambers, William Street, Perth. [81-27357 820 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [29 June, 1906.

The Manager, Jennings Construction (W.A.) Pty. The Manager, Broken Hill Pty. Ltd., Kwinana. Ltd., 2 Bishop Street, Wembley. The Manager, Jason Industries Ltd., Welshpool The Manager, H. L. Brisbane Wunderlich Ltd., Road, Welshpool. Lord Street, East Perth. The Secretary, Freney Kimberley Oil Co. (1932) The Manager, Triplett & Sons Pty. Ltd., 10 Hines N.L. 63 St. George's Terrace, Perth. Road, Hilton Park. The Manager, Joyce Bros. (W.A.) Pty. Ltd. The Manager, Arcus Pty. Ltd., 138 Aberdeen Street, Forsythe Street, Fremantle. Perth. Messrs, Cameron & Woolley & Co., 14 Riverside The Secretary, Western Australian Turf Club, Drive, Fremantle. Esplanade, Perth. The Licensee, Rockingham Hotel, Rockingham. The Manager, The Swan Brewery Co. Ltd., 98 The Licensee, Australia Hotel, Murray Street, Mounts Bay Road, Perth. Perth. The Manager, Shell Co. of Australian Ltd., 205 St. The Licensee, Adelphi Hotel, St. George's Terrace, George's Terrace, Perth. Perth. The Manager, Cuming Smith & Mt. Lyell Farmers Fertilisers Ltd., 133 St. George's Terrace, Perth. The Licensee, Savoy Hotel, Hay Street, Perth. The Licensee Court Hotel, Beaufort Street, Perth. The Manager, Co-Operative Bulk Handling Ltd., 569 Wellington Street, Perth. The Manager, A. E. Tilley & Co. Ltd., Beach Street, Fremantle. The Manager, Elder Smith & Co. Ltd., 113 St. George's Terrace, Perth. The Manager, George Boucher, 211 Newcastle The Manager, Western Australian Worsted & Street, Perth. Woollen Mills Ltd., 148 Carrington Street, Fre- The Manager, Bradford & Marquis, 10 Lake Street, mantle. Perth. The Manager, Attwood Motors Pty. Ltd., 22-32 Stir- Messrs. F. Instone & Co., Essex Street, Fremantle. ling Street, Perth. Messrs. J. Fitzpatrick & Co., 171 Eleanor Street, The Manager, Ford Motor Co. (Aust.) Pty. Ltd., Kalgoorlie. North Fremantle. The Manager, Stearn Bros., Kalgoorlie. The Manager, General Motors Holden Ltd., Buck- The Manager, City & Suburban Signwriters, 383 land Avenue, Mosman Park. Hay Street, Perth. The Manager, Swan Portland Cement Ltd., River- Mr. F. E. Baseden, Northam. vale. Messrs. A. S. Horn & Son, 16 Stephen Street, Bun- The Manager, James Hardie & Co. Pty. Ltd., bury. Welshpool. Mr. W. A. Button, York. The Manager, Plaistowe & Co. Ltd., 155 Havelock Mr. F. D. Eaton, 10 Du Boulay Street, Geraldton. Street, West Perth. The Manager, Peters Ice Cream (W.A.) Ltd., 110 The Manager, Foy & Gibson W.A. Ltd., Hay Street, Roe Street, Perth. Perth. The General Manager, Westralian Farmers Co- The Manager, Woolworths (W.A.) Ltd., 706 Hay operative Ltd.. 569 Wellington Street, Perth. Street, Perth. The Manager, West Australian Newspapers Ltd., The Manager, Harris Scarfe & Sandovers Ltd., Hay 125 St. George's Terrace, Perth. Street, Perth. The Manager, Adams Electric Pty. Ltd., 34 High The Manager, Malloch Bros. Ltd., 50 William Street, Fremantle. Street, Perth. The Manager, Claude Neon Ltd., 204 Stirling High- The Manager, Brownes Dairy Ltd., 299 Charles way, Claremont. Street, North Perth. The Manager, Whittome Bros. Pty. Ltd., 38 Cam- The Manager, Coca Cola Bottlers (Perth) Pty. bridge Street, Leederville. Ltd., 643 Newcastle Street, Leederville. Hartman & Sons, Albany. The Manager, Michelides Ltd., Lake Street, Perth. Hancock & Sons, Bunbury. The Manager, Broome Freezing & Chilling Works, Wilson Gray & Co. Pty. Ltd., 215 Newcastle Street, 731 Hay Street, Perth. Perth. The Accountant, University of W.A., Crawley. Wilson Gray & Co. Pty. Ltd., 13 Wilson Street, The Manager, Perth Modelling Works, Claisebrook Kalgoorlie. Road, East Perth. J. J. Higgins, 14 King George Street, Victoria Park. The Town Clerk, Perth City Council, Perth. A. R. Fracesoni, 58 Royal Street, Osborne Park. The Town Clerk, Fremantle City Council, Town United Reinforcements Pty. Ltd., 30 Searle Road, Hall, High Street, Fremantle. Applecross. The Secretary, Perth Road Board, Balcatta Beach D.R.M. Plastering Co. Road, Osborne Park. Pearls Ltd., c/o Brown & Bureau. 352 Murray The Town Clerk, Kalgoorlie Council, Kalgoorlie. Street, Perth. The Town Clerk, Boulder Council, Boulder. Di-Met (W.A.) Pty. Ltd., Welshpool Road, Welsh- pool. The Proprietors, Siesta Park, Busselton. Kwinana Construction (1956) Pty. Ltd., 14 High The Accountant, Wesley College, Coode Street, Street, Fremantle. South Perth. Christiani & Nielsen (Aust.) 7 Malcolm Street, The Secretary, Royal Agricultural Society, 239 Perth. Adelaide Terrace, Perth. The Manager, Lakewood Firewood Co. Pty. Ltd., The Manager, Stewart & Lloyds (Distributors) Lakewood. Pty. Ltd., Stirling Highway, Fremantle. K. Vilips, 3 Temple Street, Victoria Park.