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