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WEDNESDAY, 17th APRIL, 1968 No. 48-Part 1

>S — Delivered 10. Shift Work. 11. Overtime. GROCERY AND MATCH MANUFACTURING. 12. Meal Interval. BEFORE THE WESTERN AUSTRALIAN 13. Contract of Service. INDUSTRIAL COMMISSION. 14. Higher Duties. No. 5 of 1967. 15. Holidays. Between the Food Preservers' Union of Western 16. Annual Leave. Australia Union of Workers, Applicant, and 17. Absence Through Sickness. D. & J. Fowler (Aust.) Ltd. and others as per 18. Payment of Wages. Schedule A. Respondents. 19. Time and Wages Record. COMMISSIONER J. R. FLANAGAN, in pursuance 20. No Reduction. of the powers and jurisdiction conferred upon him 21. Under-rate Workers. by section 50 of the Industrial Arbitration Act, 1912-1966, and in pursuance of an allocation to 22. Junior Workers' Certificate. him under section 54 of the said Act, doth hereby 23. Limitation of Female Work. make the following award in connection with the 24. Right of Entry. industrial dispute between the abovenamed parties. 25. Board of Reference. 26. Travelling Facilities. Award. 27. General Conditions. 1.—Title. 28. Posting of Award. This Award shall be known as the Grocery and 29. Long Service Leave. Match Manufacturing Award, 1968, and replaces 30. Preference to Unionists*. Awards 17 and 17A of 1962 as amended. * Denotes disputed clause. 2.—Arrangement. 1. Title. 2A.—Special Loading. (1) Each ordinary wage rate prescribed else- 2. Arrangement. where herein shall be increased— 2A. Special Loading. (a) by 60 cents per week if it is equal to or 3. Scope. greater than the basic wage for males or, 4. Area. as the case may be, the basic wage for 5. Term. females; and 6. Definitions. (b) in all other cases by an amount which 7. Wages. bears the same relationship to 60 cents as the ordinary wage rate bears to the basic 8. Incentive Schemes. wage for males or, as the case may be, the 9. Hours of Work. basic wage for females. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

(2) For the purposes of subclause (1) of this Match Manufacturing— $ clause, and to give effect thereto, wherever a basic V.P.O. dipper 7.30 wage is prescribed herein it shall be deemed to be Painting machine attendant increased by 60 cents per week. (including mixing of the paint) 6.95 3.—Scope. Mixer (compo and adhesives) 6.95 This award shall apply to all workers employed Inner machine operator .... 6.00 by the respondents in the classifications described Board slitter (inner reels) .... 6.00 in Clause 7 hereof, in the manufacture, prepara- All Sections— tion, packing or putting up of spices, condiments, General Factory Hands 5.20 coffee, chicory, cocoa, tea, jelly crystals, farinaceous All others 2.65 foods, dog biscuits, polishes, honey and other simi- lar lines generally manufactured, packed, prepared (3) Adult Females (margin over female or put up by manufacturing grocers, matches, basic wage): margarine, cereal foods, macaroni or similar pro- General Assistants 3.25 ducts, nuts, nut foods, nut products, potato chips, (4) Junior Workers—Male (per cent, of popcorn, polishing materials and such other pro- male basic wage per week): % ducts as are handled by the respondents. 14 to 15 years of age 35 15 to 16 years of age 45 4.—Area. 16 to 17 years of age 55 This award shall have effect over the area south 17 to 18 yeai's of age 65 of the 26th parallel of south latitude. 18 to 19 years of age 75 19 to 20 years of age 85 5.—Term. 20 to 21 years of age 95 The term of this award shall be for a period Junior Workers.—Female (per cent, of three years as from the beginning of the first female basic wage per week): % pay period commencing on or after the date hereof. 14 to 15 years of age — 15 to 16 years of age 45 6.—Definitions. 16 to 17 years of age 55 "Leading Hand" shall mean a worker who is ap- 17 to 18 years of age 65 pointed as such by his employer and who, in addi- 18 to 19 years of age 75 tion to his ordinary duties, is required by the em- 19 to 20 years of age 85 ployer to supervise the work of other workers. 20 to 21 years of age 95 "Casual Worker" shall mean any worker en- (5) Casual Workers: Casual workers shall re- gaged and paid as such. ceive fifteen per cent, in addition to the rates "Mixer and/or Blender" means a worker en- prescribed in this clause for the work per- gaged on the mixing and/or blending of ingredients formed. for products covered by the award. (6) Leading Hands (males per week extra): A leading hand in charge of— $ 7.—Wages. (i) less than 3 other workers .... 1.20 The following shall be the minimum rates of (ii) not less than 3 and not more wages payable to workers covered by this award:— than 10 others 2.30 (1) Basic Wage (per week): $ (iii) more than 10 but less than Males 33.50 20 other workers 4.45 Females ... 25.13 (iv) more than 20 other workers 6.65 (2) Adult Males (margin over male Leading Hands (females per week extra): basic wage): A leading hand in charge of— $ (i) less than 3 other workers .... 0.60 Groceries— (ii) not less than 3 and not more Worker roasting and/or grind- than 10 others 1.10 ing and mixing and blending coffee or chicory 8.30 (iii) more than 10 but less than Steam retort operator or steam 20 other workers 2.30 vat cooker 7.55 (iv) more than 20 other workers 3.50 Other grinders or millers .... 7.00 (7) Workers engaged on the milling and/or Other mixers and blenders .... 7.00 grinding of spices or workers employed bot- Roasters of other commodities 7.00 tling concentrated liquid food colour in small Nut Foods and Allied Products— bottles and who are unable to avoid staining Roaster of nuts 8.30 their hands, shall be paid five cents per hour Salted cooker (potato chips and in addition to the rates herein prescribed. nuts) 8.30 (8) Liberty is reserved to the union to apply for Cereal Foods— the fixation of a margin for females em- Cereal cooker 7.80 ployed on coffee roasting. Fillers, pressmen and conveyor (9) Minimum Wage: workers 6.35 (a) Notwithstanding the provisions of this Macaroni— Clause, no adult male worker shall be Worker drying macaroni, ver- paid less than thirty-seven dollars, fifty- micelli and allied products .... 7.50 five cents per week as ordinary rates of Paste Makers 6.35 pay in respect of the ordinary hours of Press operators 6.35 work prescribed by this award. 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 65

(b) Where a minimum rate of pay as Company the subclause shall not apply, and all aforesaid is applicable to workers for work performed on Saturdays shall be paid for at work in ordinary hours, the same rate the rate of double time, except for shift work com- shall be applicable to the calculation of mencing at or before 10 p.m. on Saturdays. overtime and all other penalty rates, payment during sick leave and annual (3) When a worker is recalled to work after leav- leave and all other purposes of this ing the job, he shall be paid for at least three award. hours at overtime rates. (4) (a) A worker required to work overtime for 8.-—Incentive Schemes. more than two hours, without being notified on (1) The particulars of the basis of any incen- the previous day or earlier that he will be so tive scheme shall be supplied to the union. required to work, shall be supplied with a meal by the employer or paid sixty-five cents for a meal. (2) Adjustments and/or variations of the basis (b) If the amount of overtime required to be of any incentive scheme shall be subject to mutual worked necessitates a second or subsequent meal, agreement between the employer and the workers the employer shall, unless he has notified the concerned. workers concerned on the previous day or earlier (3) In the event of any disagreement between that such second or subsequent meal will also be the employer and the workers concerned, the mat- required, provide such meals or pay an amount ter may be referred to the Board of Reference by of forty-five cents for each such second or sub- the employer or the union. sequent meal. (c) No such payments need be made to workers 8.—Hours of Work. living in the same locality as their workshops who (1) The ordinary working hours shall not exceed can reasonably return home for such meals. forty and, subject to Clause 10—Shift Work, shall (d) If a worker, in consequence of receiving such be worked between 7 a.m. and 5.30 p.m. on Mon- notice has provided himself with a meal or meals, day to Friday inclusive. Provided that in the case and is not required to work overtime, or is required of workers employed by the Sanitarium Health to work less overtime than notified, he shall be Food Company, the forty ordinary hours may be paid the amounts above prescribed in respect of worked in five days between Sunday and Friday the meals not then required. inclusive. (5) (a) Rest period after overtime: When over- (2) The starting and finishing times in any time work is necessary, it shall, wherever, reason- establishment shall only be altered by the em- ably practicable, be so arranged that workers have ployer giving seven days' notice to his workers of at least eight consecutive hours off duty between such alteration, except where otherwise agreed be- the work of successive days. tween the employer and the union. (b) A worker (other than a casual worker) who works so much overtime between the termination 10.—Shift Work. of his ordinary work on one day and the commence- (1) An employer may, if he so desires, work his ment of his ordinary work on the next day that establishment on shifts, but before doing so, shall he has not at least eight consecutive hours off duty give notice of his intention to the union and of between those times shall, subject to this subclause, the intended starting and finishing times of ordin- be released after completion of such overtime until ary working hours of the respective shifts. he has had eight consecutive hours off duty with- (2) (a) Where any particular process is carried out loss of pay for ordinary working time occurring out on shifts other than day shift, and less than during such absence. five consecutive afternoon or five consecutive night (c) If, on the instructions of his employer, such shifts are worked on that process then the workers a worker resumes or continues work without hav- employed on such afternoon or night shifts shall ing had such eight consecutive hours off duty, he be paid at overtime rates. shall be paid at double rates until he is released (b) The sequence of work shall not be deemed from duty for such period and he shall then' be to be broken under the preceding paragraph by entitled to be absent until he has had eight con- reason of the fact that work on the process is not secutive hours off duty without loss of pay for carried out on a Saturday or Sunday or on any ordinary working time occurring during such public holiday. absence. (3) The loading on the ordinary rates of pay for 12.—Meal Interval. shift work shall be five per cent, for afternoon (1) Not less than thirty minutes nor more than shift and ten per cent, for night shift. one hour shall be allowed for a meal each day. (4) Where three shifts are worked, a meal break (2) A worker shall not be compelled to work of not less than twenty minutes shall be allowed for more than five and a half hours without a in each shift and paid for. break for a meal. 11.—Overtime. (3) When a worker is required for duty during (1) All time worked before the usual starting- any meal time, whereby his mealtime is postposed time or after the usual finishing time shall be for more than one hour, he shall be paid at over- deemed overtime and paid for at the rate of time time rates until he gets his meal. and a half for the first four hours and double time 13.—Contract of Service. thereafter. (1) Except in the case of a casual worker, whose (2) Except as hereinafter provided, all work engagement shall be by the hour, the contract of performed after twelve noon Saturdays, or on hiring of every worker shall be a weekly contract Sundays or on any of the holidays prescribed in terminable by one week's notice on either side, Clause 15 (1) hereof shall be paid for at the given on any working day or by the payment of rate of double time. Provided that in the case of one week's pay by the employer, or the forfeiture workers employed by the Sanitarium Health Food of one week's pay by the worker. 66 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

(2) The employer shall be under no obligation an ordinary working day there shall be added, to to pay for any day not worked upon which the that period one day being an ordinary working worker is required to present himself for duty, day for each such holiday observed as aforesaid. except such absence from work is due to illness and comes within the provisions of clause 17, or (3) If after one month's continuous service in such absence is on account of holidays to which any qualifying twelve-monthly period a worker the worker is entitled under the provisions of this leaves his employment or his employment is term- award. inated by the employer through no fault of the worker, the worker shall be paid one quarter of a (3) The employer shall be entitled to deduct pay- week's pay at his ordinary rate of wages in respect ment for any day or portion of a day upon which of each completed month of continuous service. the worker cannot be usefully employed because of any strike by the union or unions affiliated (4) Any time in respect of which a worker is with it, or by any other association or union, or absent from work except time for which he is en- through the breakdown of the employer's titled to claim sick pay or time spent on holidays machinery, or any stoppage of work by any cause or annual leave as prescribed by this award shall which the employer cannot reasonably prevent. not count for the purpose of determining his right to annual leave. 14.—Higher Duties. (5) In the event of a worker being employed by (DA worker engaged for more than half of one an employer for portion only of a year, he shall day or shift on duties carrying a higher rate than only be entitled, subject to subclause (3) of this his ordinary classification shall be paid the higher clause, to such leave on full pay as is proportion- rate for such day or shift. If employed for half of ate to his length of service during that period with one day or shift, or less, he shall be paid the higher such employer, and if such leave is not equal to rate for the time so worked. the leave given to other workers he shall not be (2) A worker's regular rate of wage shall not entitled to work or pay whilst the other workers of be reduced whilst he is temporarily employed on such employer are on leave on full pay. work classified with a lower minimum rate. (6) A worker who is justifiably dismissed for mis- conduct shall not be entitled to the benefit of the 15.—Holidays. provisions of this clause. (1) (a) The following days, or the days observed (7) In special circumstanses and by mutual con- in lieu shall, subject as hereinafter provided, be sent of the employer, the worker, and the union allowed as holidays without deduction of pay, concerned, annual leave may be taken in not more namely—New Year's Day, Australia Day, Good than two periods. Friday, Easter Monday, Anzae Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas (8) The provisions of this clause shall not apply Day and Boxing Day. Provided that another day to casual workers. may be taken as a holiday by arrangement between (9) A worker shall be given at least two weeks' the parties, in lieu of any of the days named in notice that he is to take his annual leave. the subclause. (b) Where Christmas Day or New Year's Day (10) Notwithstanding anything else herein con- falls on a Saturday or a Sunday, such holiday tained, an employer who observes a Christmas shall be observed on the next succeeding Monday closedown for the purpose of granting annual leave and where Boxing Day falls on a Sunday or a may require a worker to take his annual leave in Monday such holiday shall be observed on the next not more than two periods but neither of such succeeding Tuesday, in each such case the substi- periods shall be less than one week. tuted day shall be deemed a holiday without deduc- tion of pay in lieu of the day for which it is 17.—Absence Through Sickness. substituted. (1) A worker shall be entitled to payment for (c) Provided that in the case of workers em- non-attendance on the ground of personal ill- ployed by the Sanitarium Health Food Company health for one-twelfth of a week for each com- who ordinarily work on Sundays, any holiday which pleted month of service. Provided that payment falls or is generally observed on the preceeding for absence through such ill-health shall be Sunday in lieu of the Monday. limited to one week in each calendar year. Payment (2) On any public holiday not prescribed as a hereunder may be adjusted at the end of each holiday under this award the employer's establish- calendar year, or at the time the worker leaves the ment or place of business may be closed in which service of the employer, in the event of the worker case a worker need not present himself for duty being entitled by service subsequent to the sickness and payment may be deducted, but if work be done to a greater allowance than that made at the time ordinary rates of pay shall apply. Provided that the sickness occurred. This clause shall not apply for workers who ordinarily work on Sunday, any where the worker is entitled to compensation under such public holiday which falls or is generally the Workers' Compensation Act. observed on a Monday may be observed on the preceeding Sunday in lieu of the Monday. (2) A worker shall not be entitled to receive any wages from his employer for any time lost through 16.—Annual Leave. the result of an accident not arising out of or in (1) Except as hereinafter provided, a period of the course of his employment or for any accident, three consecutive weeks' leave with payment of wherever sustained, arising out of his own wilful ordinary wages as prescribed shall be allowed default or for sickness arising out of his own wilful annually to a worker by his employer after a period default. of twelve months' continuous service with such (3) No worker shall be entitled to the benefits of employer. this clause unless he produces proof satisfactory to (2) If any award holidays falls within a worker's his employer of sickness, but the employer shall not period of annual leave and is observed on a day be entitled to a medical certificate unless the which in the case of that worker would have been absence is for three days or more. 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 67

(4) Sick leave shall accumulate from year to (2) No worker shall have any claim upon an year so that any balance of the period specified in employer for additional pay in the event of the subclause (1) of this clause which has in any year age of the worker being wrongly stated on the not been allowed to any worker by his employer as certificate. If the junior worker shall wilfully paid sick leave may be claimed by the worker and, misstate his age in the certificate, he alone shall subject to the conditions hereinbefore prescribed, be guilty of a breach of this award, and in the shall be allowed by his employer in any subsequent event of a worker having received a higher rate year without diminution of the sick leave pre- than that to which he was entitled he shall make scribed in respect of that year. Provided that the restitution to the employer. sick leave which accumulates pursuant to this sub- The Certificate shall be available for inspection clause shall be available to the worker for a period by an accredited representative of the union in of two years but not longer from the end of the the manner which the Time and Wages Record is year in which it accrues. open for inspection. 18.—Payment of Wages. 23.—Limitation of Female Work. (1) Wages shall be paid at least weekly. No female worker shall be required to lift any (2) Not more than two days' wages shall be kept weight in excess of thirty-five pounds. in hand by the employer. (3) When a worker's services are terminated 24.—Right of Entry. through no fault of the worker he shall be paid all (1) Accredited representatives of the union wages due before leaving the employer's premises shall be permitted to interview the workers on or alternatively (except in the case of casual work- the business premises of the employer during non- ers) a cheque for the amount due may be forwarded working times or meal breaks. to the worker's last known address within forty- (2) In the case of a dispute between the union eight hours of such termination. and an employer which is likely to lead to a cessa- tion of work or to an application to the Court and 19.—Time and Wages Record. which involves the inspection of workers or of (1) The employer shall keep or cause to be kept machines in the process of production on which a record or records containing the following par- such workers are engaged, such union representa- ticulars:— tive shall have the right of inspection at any time (a) Name of each worker. during which the workers or machines concerned (b) Nature of his work. are working, but this permission shall not be exer- cised without the consent of the employer more (c) The hours worked each day and each week. than once in any one week. (d) The wages and overtime (if any) paid each week. (3) Provided that the duly accredited repre- sentative shall notify the employer beforehand of (e) The age of each junior worker. his intention to exercise his rights under this Any system of automatic recording by machines clause. shall be deemed to comply with this provision to the extent of the information recorded. 25.—Board of Reference. (2) The time and wages record shall be open for (1) The Commission hereby appoints, for the inspection by a duly accredited official of the union purposes of this award, a Board of Reference con- during the usual office hours at the employer's sisting of a chairman and two other members who office, or other convenient place, and the repre- shall be appointed pursuant to regulation 80 of the sentative may be allowed to take extracts there- Industrial Arbitration Act (Western Australian In- from. dustrial Commission) Regulations, 1964. 20.—No Reduction. (2) The Board of Reference is hereby assigned Nothing herein contained shall entitle an em- the function of allowing, approving, fixing, deter- ployer to reduce the wage of any worker who at the mining or dealing with any matter which, under date of this award was being paid a higher rate this award, may be allowed, approved, fixed, deter- of wage than the minimum prescribed for his or mined or dealt with by a Board of Reference. her class of work. 26.—Travelling Facilities. 21.—Under-rate Workers. Where a worker is detained at work until it is too late to travel by the last ordinary bus, train, (1) Any worker who by reason of old age or in- or other regular public conveyance to his usual firmity is unable to earn the minimum wage may place of residence, the employer shall provide pro- be paid such lesser wage as may from time to time per conveyance to the workers' usual place of resi- be agreed upon in writing between the union and dence, free of charge. This clause shall not apply the employer. to a worker who usually has his own means of (2) In the event of no agreement being arrived conveyance. at, the matter may be referred to the Board of Reference for determination. 27.—General Conditions. (3) After application has been made to the (1) Where the conditions of work are such that Board, and pending the Board's decision, the workers are unable to avoid their clothing becom- worker shall be entitled to work for and be em- ing excessively wet or dirty, they shall be supplied ployed at the proposed lesser rate. with suitable protective clothing or material. Such protective clothing or material shall remain the 22.—Junior Workers' Certificate. property of the emlpoyer and shall be returned (1) Junior Workers upon being engaged shall when required, in good order and condition, fair furnish the employer with a certificate containing wear and tear excepted. the following details:— (2) Where the conditions of work are such that (a) Name in full. workers are unable to avoid their feet becoming (b) Age and date of birth. excessively wet, the employer shall, on request, [17 April, 1968. supply free of charge, rubber boots, or, alterna- (b) who, prior to the expiration of the seven tively, the employer may pay the allowance of 30 days referred to in that subclause, has cents per week. Boots supplied by the employer applied for such a certificate of exemption, shall remain the property of the employer and unless and until that application is finally shall be returned when required, in good order determined under that section; or and condition, fair wear and tear excepted. Pro- (c) for the unexpired portion of any period in vided that an employer shall not be obliged to respect of which he has, prior to com- supply rubber boots to casual workers but shall mencing employment under this award, pay the allowance referred to above to any casual paid membership fees on his own behalf worker who regularly wears his own boots and to another union. needs to do so to avoid his feet becoming excessively wet. (4) (a) Where the Secretary of the union has notified an employer that a non-unionist to whom (3) Where the conditions of the work being per- the provisions of subclause (2) of this clause apply formed require the use of gloves, they shall be sup- has failed or refused to comply with those pro- plied by the employer free of cost. visions, that non-unionist shall not be retained in employment by that employer for more than (4) Where the employer requires a uniform to twenty-four hours to the exclusion of any well- be worn, it shall be supplied by the employer. conducted unionist who is employed by, or who applies for employment, with that employer, and (5) Where and when practicable, suitable seat- who is adequately experienced and otherwise com- ing accommodation shall be provided for females petent in the work performed by that non-unionist workers unless it is physically impossible to carry and is of the sex to which that work is allotted by out the work required in a sitting position. this award or, where the award makes no such (6) Adequate first aid equipment shall be pro- provision, by custom. vided in all establishments. (b) Where paragraph (a) of this subclause operates so as to require the dismissal of a non- 28.—Posting of Award. unionist by his employer the provisions of Clause The employer shall allow a copy of this Award 13 of this award are hereby declared inoperative if supplied by the union, to be posted in a place in respect of that dismissal but only if— easily accessible to the workers. (i) a unionist is engaged to commence work in the place of the non-unionist; and 29.—Long Service Leave. (ii) that the dismissal does not become effec- The Long Service Leave provisions published in tive before the unionist has so commenced. 44 of the Western Australian Industrial Gazette, (5) A non-unionist shall not be engaged for any at pages 606 to 612 inclusive, are hereby incorpor- work to the exclusion of a well-conducted unionist ated in and shall be deemed to be part of this if that unionist— award. (a) is adequately experienced in and compe- tent to perform that work; 30.—Preference to Unionists. (b) applies to that employer for employment (1) In this clause "the union" means the Food on that work— Preservers' Union of Western Australia, Union of (i) not later than the time at which the Workers: non-unionist applies; or "unionist" means a worker who is a member of (ii) within the time specified by that the union; employer in any advertisement call- "non-unionist" means a worker who is not a ing for such applications; member of the union. whichever is the later; (2) Subject to the provisions of this clause, it is (c) is able to commence work at the time re- a condition of employment under this award that quired by the employer; and each non-unionist shall— (d) is of the sex to which the work concerned is allotted by this award, or, where the (a) Unless he has already applied for member- award makes no such provision, by cus- ship of the union in the manner prescribed tom. in the rules of the union, apply for such membership in the manner so prescribed, (6) Subclause (5) of this clause does not apply within seven days of receiving from to a non-unionist— an accredited representative of the union, (a) who holds a certificate of exemption from a copy of those rules, a copy of this clause, membership of the union issued and in and an application form for membership; force pursuant to section 61B of the In- (b) upon being notified that he has been ac- dustrial Arbitration Act, 1912-1966; or cepted as a member of the union, to do (b) for the period between the date on which such things as may be required under the he applies for such a certificate and the ru'es of the union in relation to his ad- date on which that application is finally mission to membership; and determined under that section. (c) thereafter remain a unionist while so em- (7) The provisions of this clause shall not apply ployed. to workers employed by the Sanitarium Health Food Company or to the said Company. (3) Subclause (2) of this clause does not apply to any worker— In witness whereof this award has been signed (a) who holds a certificate of exemption from bv the said Commissioner this 20th day of March, membership of the union issued and in 1968. force pursuant to section 6 IB of the In- [L.S.] (Sgd.) J. R. FLANAGAN, dustrial Arbitration Act, 1912-1966. Commissioner. 17 April, 1968.] WESTERN

Schedule "A" Respondents. 2.—Arrangement. Anchor Products Pty. Ltd. 1. Title. Blue Seal Products Pty. Ltd. 2. Arrangement. D. & J. Fowler (Aust.) Ltd. 2A. Special Loading. Robert Harper & Co. Ltd. 3. Definitions. Flavoured Products Pty. Ltd. 4. Area. Food Products of Australia (A Division of General 5. Scope. Foods Corporation Pty. Ltd.). 6. Term. Peerless Emulsion Pty. Ltd. 7. Hours. Nabisco Pty. Ltd. 8. Wages. Sanitarium Health Food Company. 9. Boiler Work. Sunny Flo Apiaries. 10. Bonus Rates. Atlas Macaroni Co. Pty. Ltd. 11. Board of Reference. Golden West Macaroni Co. 12. Holidays. W.A. Match Co. Pty. Ltd. 13. Annual Leave. W.A. Honey Pool. 14. Contract of Service. Pre-Pact Processors and Packers. 15. Absence through Sickness. W. J. Pascoe & Sons. 16. Messing and Accommodation. Meadow Lea Margarine (W.A.) <& Co. Pty. Ltd. 17. Preference. Clifford Love & Co. Ltd. 18. Long Service Leave. West & Co. Enterprises. 2A.—Special Loading. Kiwi Home Products Pty. Ltd. (1) Each ordinary wage rate prescribed else- Reckitt & Coleman Pty. Ltd. where herein shall be increased— Hunters Products (W.A.) Pty, Ltd. (a) by 60 cents per week if it is equal to or greater than the basic wage for males or, as the case may be, the basic wage for females; and (b) in all other cases by an amount which WHALING. bears the same relationship to 60 cents as (Catcher Crews.) the ordinary wage rate bears to the basic wage for males or, as the case may be, the BEFORE THE WESTERN AUSTRALIAN basic wage for females. INDUSTRIAL COMMISSION. (2) For the purposes of subclause (1) of this No. 5 of 1968. clause and to give effect thereto, wherever a basic wage is prescribed herein it shall be deemed to be Between Australian Workers' Union, Westralian increased by 60 cents per week. Branch, Industrial Union of Workers, Appli- cant, and Cheynes Beach Whaling Co. (1963) 3.—Definitions. Pty Ltd, Respondent. "Whaling Season" shall mean the period from WHEREAS an industrial dispute existed between the day the Company commences whaling opera- the abovenamed parties, and whereas the said dis- tions, continuing until at least forty-eight hours pute was referred to The Western Australian In- after the last whale, to be nominated by the Com- dustrial Commission for the purpose of hearing pany, has been taken. and determination, and whereas the said reference "Port Day" shall mean any day on which a vessel of industrial dispute was allocated pursuant to is in harbour for the purpose of maintenance or section 54 of the Industrial Arbitration Act, 1912- repair, or is prevented from whaling by rough 1966, to Commissioner J. R. Flanagan and whereas weather or any other cause. the parties subsequently met and conferred and "Port Rate" shall mean the rate payable on have arrived at agreement on all matters in differ- a Port Day. ence, and whereas the parties have this day "Whaling Day" shall mean any day on which a appeared before the said Commissioner by their vessel proceeds to sea on whaling operations. respective representatives and requested the said Commissioner to make the said agreement an "Whaling Rate" shall mean the rate payable on award of the Commission: Now, therefore, the said a Whaling Day. Commissioner, pursuant to section 65 of the said Act and all other powers therein enabling him, 4.—Area. hereby declares the memorandum hereunder writ- This award shall operate over that area in which ten to have the same effect as and be deemed an the Company is carrying out whaling operations award of the Commission. off the coast of Albany, Western Australia. Memorandum of Agreement. 5.—Scope. This award shall apply to all crew members (Note: Wherever the word "award" occurs here- below the rank of Ships' Officer who are employed in, it shall be taken to mean and include "agree- by the Company on whaling operations. ment".) 6.—Term. 1.—Title. The term of this award shall be for a period of This award shall be known as "The Cheynes one year from the beginning of the first pay period Beach Whale Catcher Crews Award, 1968". commencing after the date hereof. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

7.—Hours. than work in connection with the re- (1) Port Days: provisioning of the vessel shall be paid for at port overtime rates, provided (a) Eight hours shall constitute a day's work that if the re-provisioning of the to be worked between the hours of 8 a.m. vessel extends beyond one hour after to 5 p.m. on any day Monday to Friday berthing, all work performed after inclusive. such time shall be paid for at port (b) Subject to the provisions of this sub- overtime rates. clause, all work done beyond the ordinary working hours on any day, Monday to Fri- (ii) Engine Room: On returning to port day, inclusive, shall be paid for at the rate after the completion of a whaling day of time and one-half for the first two all work performed in the engine room hours and double time thereafter. after berthing shall be restricted to (c) Work done on Saturday after 12 work of an urgent or emergency noon or on Sundays or on any day nature, provided that all such work prescribed as a holiday under this performed after the re-provisioning of award, shall be paid for at the rate the vessel has been completed or con- of double time. Provided that all work tinues beyond one hour after berthing, done on Saturdays prior to 12 noon shall whichever be the shorter period, shall be paid for at the rate of time and one- be paid for at port overtime rates. half for the first four hours and double (c) (i) Crew members shall be granted one time thereafter. day off in each two weekly period, (d) In the calculation of overtime rates each payment for such day to be made at day shall stand alone, provided that when port rate. a worker continues working beyond mid- night on any day, the hours worked after (ii) Whales caught by the catcher on midnight shall be counted as part of the which he is employed, on a crew mem- previous day's work for the purpose of ber's day off shall be credited to such calculating the rates to be paid. crew member and be paid for in ac- (e) For the purpose of this clause forty hours cordance with the provisions of clause shall comprise a week's work. 10. (f) When a worker is recalled to work after (3) Station Bunkering: leaving the job he shall be paid for at least three hours at overtime rates. (a) When a catcher is required to deliver fuel oil to the Station or to standby a vessel (2) Whaling Time: receiving whale oil for overseas shipment, (a) The working week whilst whaling opera- that day shall be counted as a whaling tions are being carried out shall consist day and in addition crew members of of seven days, Monday to Sunday inclusive, such catcher shall be credited, in respect and on such days crew members shall work to both "head bonus" and "end of season such hours as are necessary for the suc- bonus" with the number of whales caught cessful execution of whaling operations, by the whaling vessels during such bunker- provided that on any day on which a vessel ing period. commences whaling operations and returns to port through weather conditions, or any (b) Whilst on bunkering duties, all work per- other reasons, prior to the elapse of ten formed after the berthing of the whaling hours from standby, crew members may be vessel shall be paid for at the rate apply- employed, at the discretion of the Com- ing to the crew of such vessel, as deter- pany until such ten hours has elapsed pro- mined by sub-clauses 2 (b) (i) and (ii) of vided— this clause. (i) Ship's whaling routine (i.e., relief of (4) Ship Watching: All ship watching performed watches, etc.) shall be maintained outside of ordinary working hours shall be paid until such time as a decision is made for at the rate of time and one-quarter with the as to whaling operations. exception of Sundays and public holidays, when (ii) Once it is decided that whaling the rate of time and one-half shall apply, provided operations shall not be carried out, that a worker required to perform watching duty and it is declared a port-day, the after the completion of an ordinary shift and such port rate of pay shall apply for all watching duty extends through to the commence- time worked and port-pay hours of ment of the next succeeding ordinary shift shall work shall apply. be relieved from duty not later than noon on such (iii) In the event of a port-day having next succeeding ordinary shift without deduction been declared, and the vessel be sub- of pay. sequently ordered to go whaling, the period worked prior to the instruc- tion to proceed whaling shall be paid 8.—Wages. for at port-rates, and any subse- (1) The rate of wage for seamen and firemen quent time shall be paid for as a shall be: $ whaling day. (a) Port Rate (per week) 40.20 (b) The Master of each vessel shall determine (b) Whaling Rate (per week) .... 71.80 each day's whaling time and no overtime shall be payable, except as hereunder pro- (2) The rate of wage for a cook shall be: vided:— (a) Whilst messing (per week) 69.70 (i) Deck Crew: On returning to port after (b) When messing is discontinued in the completion of a whaling day all accordance with clause 16 (a) (per work performed after berthing, other week) 40.20 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(b) A crew member who terminates his em- (3) The rate of wage for deck boys shall ployment prior to the end of the season be: for reasons not acceptable to the Com- (a) 18 years of age and under— pany shall forfeit his "end of season" (i) Port Rate (ptr week) 20.10 bonus. Should any dispute arise regarding (11) Whaling Rate (per week) .... 23.93 this clause the Union shall have the right to refer the matter to a Board of Refer- (b) Over 18 years of age— ence. (i) Port Rate (per week) 71.80 (11) Whaling Rate (per week) .... 71.80 Schedule "B". (4) The above rates are inclusive of a Basic Based on Catcher's Individual Catch. Rate Wage (per week) 33.50. Whales Caught per Whale. 9.—Boiler Work, etc. 1- 25 For any of the following work, a worker shall, in addition to any other ordinary or overtime rate 26- 50 payable under this award, be paid at the rate of 51- 75 25 cents per hour for the time so occupied:— 76-100 (a) Working inside boilers or furnaces. 101-125 (b) Cleaning tubes (except tubes of water tube 126-150 boilers, unless cleaning is performed from 151-200 inside the steam or water drums or other 201-250 confined spaces), uptakes or smoke boxes Over 250 where doors have to be opened. (c) Cleaning bilges (including rose boxes) and 11.—Board of Reference. coffer dams. (d) Protective or alternative clothing shall be (1) The Commission hereby appoints for the supplied to workers engaged on the above- purpose of this award, a Board of Reference con- mentioned duties. sisting of a Chairman and two other members who shall be apopinted pursuant to regulation 80 of the 10.—Bonus Rates. Industrial Arbitration Act (Western Australian Industrial Commission) Regulations, 1964. (1) Head Bonus: The company shall pay to each crew member of each catcher, for each legal (2) The Board of Reference is hereby assigned length whale of either baleen or sperm variety, the function of allowing, approving, fixing, deter- delivered to the Station Whale Buoy, a "head" mining or dealing with any matter which, under bonus as set out in Schedule "A" hereunder. Such this award, may be allowed, approved, fixed, deter- "head" bonus shall be paid weekly. mined or dealt with by a Board of Reference and shall include the determination of any dispute Schedule "A". arising out of hours of work in excess of those Based on Collective Catch—All Catchers. usually worked during the seasons covered by pre- Rate vious agreements. Whales Caught per Whale. $ 12.—Holidays. 1- 75 0.30 (1) The following days or the days observed in 76-150 0.40 lieu, shall subject to subelause (2) hereof, be allowed as holidays without deduction of pay, 151-225 0.50 namely, New Year's Day, Australia Day, Good Fri- 226-300 0.60 day, Easter Monday, Anzac Day, Labour Day, 301-375 0.65 Foundation Day, Sovereign's Birthday, Christmas 376-450 0.70 Day and Boxing Day. 451-600 0.75 (2) A crew member required to work on any of 601-650 0.80 the foregoing days shall be paid an additional day's pay at port rates. 651-700 0.90 Over 700 1.00 13.—Annual Leave. (2) End of Season Bonus: The Company shall (1) A crew member shall be entitled to annual pay to each crew member for each legal length leave at port rates, at the rate of one-quarter of whale of either baleen or sperm variety credited a week's pay for each month of continuous service. to the catcher on which he is employed, during his (2) Any time in respect of which a crew member period of employment on such catcher, an "end is absent from work, except time for which he is of season" bonus as set out in Schedule "B" here- entitled to claim, sick pay, or time spent on holi- under, provided that:— days, annual leave, or long service leave, as pre- (a) The Company takes in excess of three scribed, shall not count for the purpose of deter- hundred legal length whales, all types mining his right to annual leave. included. On the three hundredth whale being taken the additional bonus will (3) A crew member who is justifiably dismissed accrue for all whales credited to the for misconduct shall not be entitled to the benefits catcher upon which and for that period of the provisions of this clause. during which a crew member is employed (4) If any prescribed holiday falls within a and will continue to accrue for all addi- worker's period of annual leave, there shall be tional whales taken until the end of the added to that period one day, being an ordinary season. working day, for each such holiday observed. 72 ^ WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

14.—Contract of Service. (3) Subclause (2) of this clause does not apply (1) The contract of service shall be by the week to any worker— and shall be terminable by one week's notice given (a) who holds a certificate of exemption from on either side on any day. If the Company or the membership of the union issued and in crew member fails to give the required notice, one force pursuant to section 6IB of the Indus- week's wages shall be paid or forfeited. trial Arbitration Act, 1912-1966; (2) The preceding clause does not apply when (b) who, prior to the expiration of the seven the last whale of the season has been nominated days referred to in that subclause, has by the Company, in which case two days' notice applied for such a certificate of exemption, of termination of engagement shall apply. unless and until that application is finally (3) This clause does not effect the right to dismiss determined under that section; or for misconduct. (c) for the unexpired portion of any period in respect of which he has, prior to commenc- ing employment under this award, paid 15.—Absence through Sickness. membership fees on his own behalf to (1) A crew member shall be entitled to payment another union. for non-attendance on the grounds of personal ill- health for one-twelfth of a week's pay for each (4) (a) Where the Secretary of the union has completed month of service. Payment hereunder notified an employer that a non-unionist to whom may be adjusted at the end of the season or at the provisions of subclause (2) of this clause apply any time the crew member leaves the service of has failed or refused to comply with those pro- the Company. visions, that non-unionist shall not be retained in (2) This clause shall not apply when the crew employment for more than twenty-four hours to member is entitled to compensation under the the exclusion of any well-conducted unionist who Workers' Compensation Act. is employed by, or who applies for employment with that employer and who is adequately experi- (3) All sick leave unclaimed shall be paid to enced and otherwise competent in the work per- the crew member on termination of employment formed by that non-unionist and is of the sex to or at the end of the season. which that work is allotted by this award or, where the award makes no such provision, by custom. 16.—Messing and Accommodation. (b) Where paragraph (a) of this subclause oper- (1) Messing and accommodation, including bed- ates so as to require the dismissal of a non-unionist ding, shall be provided by the Company whilst by his employer the provisions of clause 14 of this whaling, provided that for any non-whaling period award are hereby declared inoperative in respect in excess of five continuous days, messing shall of that dismissal but only if— be discontinued. (i) a unionist is engaged to commence work (2) All bedding and linen shall be signed for by in the place of a non-unionist; and each crew member. Failure to return same at termination of service may be treated by the Com- (ii) that the dismissal does not become effec- pany as lost and cost thereof be paid by the crew tive before the unionist has so commenced. member concerned. (5) A non-unionist shall not be engaged for any work to the exclusion of a well-conducted unionist 17.—Preference. if that unionist— (1) In this clause— (a) is adequately experienced in and com- "the union" means the Australian Workers' petent to perform that work; Union, Westralian Branch, Industrial (b) applies to that employer, for employment Union of Workers; on that work— "unionist" means a worker who is a member (i) not later than the time of which the of the union; non-unionist applies; or "non-unionist" means a worker who is not a (ii) within the time specified by that member of the union. employer in any advertisement call- ing for such applications, (2) Subject to the provisions of this clause, it is a condition of employment under this award whichever is the later; that each non-unionist shall— (c) is able to commence work at the time (a) unless he has already applied for member- required by the employer; and ship of the union in the manner prescribed (d) is of the sex to which the work concerned by the rules of the union, apply for such is allotted by this award or, where the membership in the manner so prescribed award makes no such provision, by custom. within seven days of receiving, from an accredited representative of the union, a (6) Subclause (5) of this clause does not apply copy of those rules, a copy of this clause to a non-unionist— and an application form for membership; (a) who holds a certificate of exemption from (b) upon being notified that he has been membership of the union issued, and in accepted as a member of the union, do force pursuant to section 61B of the Indus- such things as may be required under the dustrial Arbitration Act, 1912-1966; or rules of the union in relation to his admis- (b) for the period between the date on which sion to membership; and he applies for such a certificate and the (c) thereafter remain a unionist while so date on which that application is finally employed. determined under that section. 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 73

18.—Long Service Leave. 11. Holidays. 12. Annual Leave. The long service provisions published in Volume 13. Sick Leave. 45 of the Western Australian Industrial Gazette 14. First Aid. at pages 15 to 21 inclusive, are hereby incorporated 15. Time and Wages Record. in and shall be deemed to be part of this award. 16. Preference. 17. Long Service Leave. I certify pursuant to section 65 of the Industrial 18. Special Rates and Provisions. Arbitration Act, 1912-1966, that the foregoing is a copy of the agreement arrived at between the 2A.—Special Loading. parties mentioned above. (1) Each ordinary wage rate prescribed else- Dated at Perth this 26th day of March, 1968. where herein shall be increased— [L.S.l (Sgd.) J. R. FLANAGAN, (a) by 60 cents per week if it is equal to or Commissioner. greater than the basic wage for males or, as the case may be, the basic wage for females; and Filed at my office this 26th day of March, 1968. (b) in all other cases by an amount which R. BOWYER, bears the same relationship to 60 cents Registrar. as the ordinary wage rate bears to the basic wage for males, or as the case may be, the basic wage for females. WHALING. (2) For the purposes of subclause (1) of this (Shore Station.) clause and to give effect thereto, wherever a basic BEFORE THE WESTERN AUSTRALIAN wage is prescribed herein it shall be deemed to be INDUSTRIAL COMMISSION. increased by 60 cents per week. No. 4 of 1968. 3.—Area and Scope. Between Australian Workers' Union, Westralian This award shall operate over that area occupied Branch, Industrial Union of Workers, Appli- by the Company at Albany and shall apply to cant, and Cheynes Beach Whaling Co. (1963) workers classified in clause 6 hereof. Pty Ltd, Respondent. WHEREAS an industrial dispute existed between the abovenamed parties, and whereas the said dis- The term of this award shall be for a period of pute was referred to The Western Australian In- one year from the beginning of the first pay dustrial Commission for the purpose of hearing period commencing after the date hereof. and determination, and whereas the said reference of industrial dispute was allocated pursuant to 5.—Contract of Service. section 54 of the Industrial Arbitration Act, 1912- 1966, to Commissioner J. R. Flanagan and whereas (1) The contract of service shall be by the week the parties subsequently met and conferred and and shall be terminable by one week's notice given have arrived at agreement on all matters in dif- on either side on any day. If the Company or the ference, and whereas the parties have this day worker fails to give the required notice, one week's appeared before the said Commisioner by their wages shall be paid or forfeited. respective representatives and requested the said (2) This clause does not affect the right to dis- Commissioner to make the said agreement an miss for misconduct. award of the Commission: Now, therefore, the said Commissioner, pursuant to section 65 of the said Act and all other powers therein enabling him, 6.—Wages. hereby declares the memorandum hereunder writ- The minimum rates of wages payable to workers ten to have the same effect as and be deemed an covered by this award shall be as follows:— award of the Commission. $ (1) Basic Wage (per week) 33.50 Memorandum of Agreement. (2) Classification and margin (per week): (Note: Wherever the word "award" occurs herein, it shall be taken to mean and include (a) Dryer operator 7.60 "agreement".) (b) Separator operator 7.60 (c) Decanter operator ... 7.60 1.—Title. (d) Solubles operator 7.60 This award shall be known as "The Cheynes (e) Boatman ... 9.00 Beach Whaling Shore Station Award, 1968". (f) Driver hygiene ...... 8.60 2.—Arrangement. 1. Title. 7.—Hours. 2. Arrangement. (1) The ordinary working hours shall be worked 2A. Special Loading. between Monday and Friday inclusive and shall 3. Area and Scope. not exceed forty in any one week or eight hours 4. Term. in any one day. 5. Contract of Service. (2) The meal interval shall not exceed one hour. 6. Wages. 7. Hours. (3) When a night shift is worked, the ordinary 8. Overtime. hours of such shift shall be inclusive of a twenty 9. Rest period after overtime. minute crib time which shall be taken in relays 10. Shift Work. at such times as not to cause a stoppage of work. 74 [17 April, 1968.

8.—Overtime. 11.—^Holidays. CD Subject to the provisions of this subelause, (1) The following days, or the days observed in all work done beyond the ordinary working hours lieu, shall subject to subelause (2) of clause 8 here- on any day, Monday to Friday, inclusive, shall be of, be allowed as holidays, without deduction of paid for at the rate of time and one half for the pay, namely:—■ New Year's Day, Australia Day, first two hours and double time thereafter. Good Friday, Easter Monday, Anzac Day, Labour (2) Work done on Saturdays after 12 noon or Day, Foundation Day, Sovereign's Birthday, Christ- on Sundays or on any day prescribed as a holiday mas Day and Boxing Day. Provided that another under this award, shall be paid for at the rate day may be taken as a holiday by arrangement of double time. Provided that all work done on between the parties, in lieu of any of the days Saturdays prior to 12 noon shall be paid for at named in the subelause. the rate of time and one half for the first four (2) Where Christmas Day or New Year's Day hours and double time thereafter. falls on a Saturday or a Sunday, such holiday shall (3) Overtime on shift work shall be based on be observed on the next succeeding Monday and the rate payable for shift work. where Boxing Day falls on a Sunday or a Monday (4) A worker required to work overtime for such holiday shall be observed on the next succeed- more than two hours, without being notified on ing Tuesday; in each such case the substituted day the previous day or earlier that he will be so shall be deemed a holiday without deduction of required to work, shall be supplied with a meal by pay in lieu of the day for which it is substituted. the Company. 12.—Annual Leave. (5) (a) The Company may require any worker (1) Except as hereinafter provided, a period of to work reasonable overtime at overtime rates and three consecutive weeks leave with payment of such worker shall work overtime in accordance ordinary wages as prescribed shall be allowed an- with such requirement. nually to a worker after a period of twelve months (5) (b) No organisation party to this award or continuous service. worker or workers covered by this award, shall in any way, whether directly or indirectly, be a party (2) If any prescribed holiday falls within a to or concerned in any ban, limitation or restriction worker's period of annual leave and is observed on upon the working of overtime in accordance with a day which in the case of that worker would have the requirements of this subelause. been an ordinary working day there shall be added (6) In the calculation of overtime rates, each to that period one day being an ordinary working day shall stand alone. Provided that, when a worker day for each such holiday as aforesaid. continues working beyond midnight on any day, the (3) If after one month's continuous service - in hours worked after midnight shall be counted as any qualifying twelve-monthly period a worker part of the previous day's work for the purpose of lawfully leaves his employment, or his employment calculating the rates to be paid. is terminated by the Company through no fault of (7) When a worker is recalled to work after the worker, the worker shall be paid one-quarter of leaving the job he shall be paid for at least three a week's pay at his ordinary rate of wage in respect hours at overtime rates. of each completed month of continuous service. (8) When a worker is required to hold himself (4) Any time in respect of which a worker is in readiness for a call to work after ordinary hours, absent from work except time for which he is he shall be paid at ordinary rates for the time he entitled to claim sick pay or time spent on holi- so holds himself in readiness. days or annual leave prescribed by this agreement shall not count for the purpose of determining his 9.—Rest Period after Overtime. right to annual leave. (1) When overtime work is necessary it shall, 15) In the event of a worker being employed by wherever reasonably practicable, be so arranged the Company for portion only of a year, he shall that workers have at least eight consecutive hours only be entitled, subject to subelause (3) of this off duty between the work of successive days. clause, to such leave on full pay as is proportionate (2) A worker who works so much overtime be- to his length of service during that period with the tween the termination of his ordinary work on one Company, and if such leave is not equal to the day and the commencement of his ordinary work leave given to the other workers he shall not be on the next day that he has not at least eight con- entitled to work or pay whilst the other workers of secutive hours off duty between those times shall, the Company are on leave on full pay. subject to this subelause, be released after com- (6) A worker who is justifiably dismissed for mis- pletion of such overtime until he has had eight conduct shall not be entitled to the benefit of the consecutive hours off duty without loss of pay for provisions of this clause. ordinary working time occurring during such absence. 13.—Sick Leave. (3) If, on the instructions of the Company, such (1) A worker shall be entitled to payment for a worker resumes or continues work without having non-attendance on the ground of personal ill- had such eight consecutive hours off duty he shall health for one-twelfth of a week for each com- be paid at double rates until he is released from pleted month of service; Provided that payment duty for such period and he shall then be entitled for absence through such ill-health shall be limited to be absent until he has had eight consecutive to one week in each calendar year. Payment here- hours off duty without loss of pay for ordinary under may be adjusted at the end of each calendar working time occurring during such absence. year, or at the time the worker leaves the service of the Company, in the event of the worker being entitled by service subsequent to the sickness to a 10.—Shift Work. greater allowance than that made at the time the When the work is performed on shifts the load- sickness occurred. This clause shall not apply where ing on the ordinary rate of pay for night shift shall the worker is entitled to compensation under the be ten per cent. Workers' Compensation Act. 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 75

(2) A worker shall not be entitled to receive any (b) who, prior to the expiration of the seven wages from the Company for any time lost through days referred to in that subclause, has ap- the result of an accident not arising out of or In plied for such a certificate of exemption, the course of his employment, or for any accident, unless and until that application is finally wherever sustained, arising out of his own wilful determined under that section; or default, or for sickness arising out of his own wilful (c) for the unexpired portion of any period in default. respect of which he has, prior to com- (3) No worker shall be entitled to the benefits of mencing employment under this award, this clause unless he produces proof satisfactory to paid membership fees on his own behalf to the Company of sickness, but the Company shall another union. not be entitled to a medical certificate unless the absence is for three days or more. (4) (a) Where the Secretary of the union has notified an employer that a non-unionist to whom (4) All sick leave unclaimed shall be paid to the the provisions of sub-clause (2) of this clause worker on termination of employment or at the apply has failed or refused to comply with those end of the season. provisions, that non-unionist shall not be retained in employment by that employer for more than 14.—First Aid. twenty-four hours to the exclusion of any well- The Company shall provide a first aid chest in conducted unionist who is employed by, or who conformity with the scale prescribed by the Fac- applies for employment with that employer and tories and Shops Act. who is adequately experienced and otherwise com- petent in the work performed by that non-unionist and is of the sex to which that work is allotted by 15.—Time and Wages Record. this award or, where the award makes no such (1) The Company shall keep a record contain- provisions by custom. ing— (a) The names of all workers employed to (b) Where paragraph (a) of this sub-clause operates so as to require the dismissal of a non- whom the award applies. unionist by his employer the provisions of clause (b) The class of work performed. 5 of this award are hereby declared inoperative in (c) The hours worked (including overtime) by respect of that dismissal but only if— each worker; and (i) a unionist is engaged to commence work (d) the wages paid (including overtime) to in the place of a non-unionist; and each such worker. (ii) that the dismissal does not become. effec- (2) Such record may be inspected at any time tive before the unionist has so commenced. during ordinary working hours by a duly accredited representative of the Union, and he shall be allowed (5) A non-unionist shall not be engaged for any to take extracts therefrom. work to the exclusion of a well-conducted unionist if that unionist— 16.—Preference. (a) is adequately experienced in and compe- (1) In this clause— tent to perform that work; "the union" means the Australian Workers' (b) applies to that employer, for employment Union, Westralian Branch, Industrial on that work— Union of Workers; (i) not later than the time at which the "unionist" means a worker who is a member of non-unionist applies; or the union; (ii) within the time specified by that "non-unionist" means a worker who is not a employer in any advertisement call- member of the union. ing for such applications, whichever is the later; (2) Subject to the provisions of this clause, it is a condition of employment under this award that (c) is able to commence work at the time re- each non-unionist shall— quired by the employer; (a) unless he has already applied for member- (d) is of the sex to which the work concerned ship of the union in the manner prescribed is allotted by this award or, where the by the rules of the union, apply for such award makes no such provision, by cus- membership in the manner so prescribed tom. within seven days of receiving, from an accredited representative of the union, a (6) Sub-clause (5) of this clause does not apply copy of those rules, a copy of this clause to a non-unionist— and an application form for membership; (a) who holds a certificate of exemption from (b) upon being notified that he has been membership of the union issued, and in accepted as a member of the union, do such force pursuant to section 61B of the In- things as may be required under the rules dustrial Arbitration Act, 1912-1966; or of the union in relation to his admission (b) for the period between the date on which to membership; and he applies for such a certificate and the (c) thereafter remain a unionist while so epa- date on which that application is finally ployed. determined under that section. (3) Subclause (2) of this clause does not apply to any worker— 17.—Long Service Leave. (a) who holds a certificate of exemption from The long service provisions published in Volume membership of the union issued and in 45 of the Western Australian Industrial Gazette at force pursuant to section 61B of the Indus- pages 15 to 21 inclusive, are hereby incorporated in trial Arbitration Act, 1912-1966; and shall be deemed to be part of this award. 76 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

18.—Special Rates and Provisions. Schedule. (1) Height Money: A worker shall be paid an Clause 6—Wages: Delete subclauses (b), (c) and allowance of twenty-five cents for each day on (g) and insert in lieu thereof:— which he works at a height of fifty feet or more above the nearest horizontal plane. (b) Adult Males (2) Dirt Money: A worker shall be paid an (margin over basic wage per week): $ allowance of five cents per hour when engaged on (i) Breadcarters 6.35 work of an unusually dirty nature where clothes (ii) Breadcarters in charge of motor are necessarily unduly soiled or damaged. vehicles 9.70 (3) Confined Space: A worker shall be paid an (iii) Loader placed in charge of allowance of eight cents per hour when, because automatic slicing and wrapping of the dimensions of the compartment or space in machine 9.70 which he is working, he is required to work in a iiv.) Loader 6.70 stooped or otherwise cramped position. (v) Yardmen 3.05 (c) Adult Females I certify pursuant to section 65 of the Industrial Loader placed in charge of automatic Arbitration Act, 1912-1966, that the foregoing is a slicing and wrapping machine .... 5.70 copy of the agreement arrived at between the Loader 2.70 parties mentioned above. The following provisions shall only apply Dated at Perth this 26th day of March, 1968. within a 28 mile radius of the G.P.O., Perth:— L L S ] (Sgd.) J. R. FLANAGAN, (g) (i) Loaders who are required to commence Commissioner. work before 7 a.m. on any day shall be paid an extra ten per cent, for each day so worked. Filed at my office this 26th day of March, 1968. (ii) Breadcarters who are required to com- R. BOWYER, mence work before 7 a.m. on any day Registrar. on which delivery of bread is permitted by the Bread Act, 1903-1966 prior to 7 a.m. shall be paid an extra ten per cent, for each day so worked. A WARDS-Amendment of- BREADCARTERS. (Metropolitan and Collie.) CEMETERY EMPLOYEES. Award No. 35 of 1963. Award No. 28 of 1953. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 61 of 1968. Between Transport Workers Union of Australia, No. 1090 of 1967. Industrial Union of Workers, Western Aus- Between Western Australian Municipal, Road tralian Branch, Applicant, and Bread Manu- Boards, Parks and Racecourse Employees' facturers' (Perth and Suburbs) Industrial Union of Workers, Perth, Applicant, and the Union of Employers of Western Australia, Karrakatta Cemetery Board and the Fremantle Respondent. Cemetery Trust, Respondents. HAVING heard Mr D. Culley on behalf of the appli- HAVING heard Mr P. L. Norris on behalf of the cant and Mr D. Hosking on behalf of the applicant and Mr G. J. Martin on behalf of the respondent, and by consent, I, the undersigned, respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Indus- Commissioner of The Western Australian Industrial trial Commission, in pursuance of an allocation to Commission, in pursuance of an allocation to me me under section 54 of the Industrial Arbitration under section 54 of the Industrial Arbitration Act, Act, 1912-1966, and in pursuance of the powers 1912-1966, and in pursuance of the powers con- contained in section 92 of the said Act, and all tained in section 92 of the said Act, and all other other powers therein enabling me, do hereby order powers therein enabling me, do hereby order and and declare— declare— That the Breadcarters (Metropolitan and Collie) Award No. 35 of 1963 as amended be That the Cemetery Employees' Award No. 28 and the same is hereby further amended in of 1953, as amended and consolidated, be and accordance with the following schedule in the the same is hereby further amended in accord- manner following and that such amendment ance with the following schedule and that such shall take effect as from the beginning of the amendment shall take effect as from the be- first pay period .commencing on or after the ginning of the first pay period commencing on date hereof. or after the date hereof. Dated at Perth this 20th day of March, 1968. Dated at Perth this 29th day of March, 1968. (Sgd) J. R. FLANAGAN, (Sgd) D. CORT, [L.S.l Commissioner. [L.S.] Commissioner. 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

Schedule. METAL TRADES. Clause 11.—Wages: Delete subclauses (1) and (2) (General.) and insert in lieu thereof:— Award No. 13 of 1965. 11.—Wages. BEFORE THE WESTERN AUSTRALIAN The following shall be the minimum rate of INDUSTRIAL COMMISSION. wages payable to workers covered by this award:— $ No. 1094 of 1967. (1) Basic Wage (adult males per week) 33.50 Between Diesel Motors Pty. Ltd., and another, (2) Adult Males (margin per week): Applicants, and State Executive, Australasian (a) Crematorium operator-in-charge 16.30 Society of Engineers, Industrial Association of (b) Crematorium assistants 12.80 Workers, and another, Respondents. (c) Grave Diggers 11.60 HAVING heard Mr D. L. Hosking on behalf of (d) Gardeners 6.75 the applicants and Mr M. Jahn on behalf of the State Executive, Australasian Society of Engineers, (e) Maintenance men 4.65 Industrial Association of Workers and Mr J. Mut- (f) Motor Vehicle Drivers— ton on behalf of the Coastal Districts Committee, (i) Not exceeding twenty-five cwt. Amalgamated Engineering Union, Association of capacity 8.60 Workers and by consent, I the undersigned, Com- missioner of The Western Australian Industrial (ii) Exceeding twenty-five cwt. and Commission, in pursuance of an allocation to me not exceeding three tons under section 54 of the Industrial Arbitration Act, capacity 10.10 1912-1968, and in pursuance of the powers con- (iii) Exceeding three tons and tained in section 92 of the said Act, and all other under six tons capacity .... 11.70 powers therein enabling me, do hereby order and declare— (g) Machine Drivers—Operator-trac- tor-pneumatic tyred with power That the Metal Trades (General) Award No. operated attachments— 13 of 1965 as amended be and the same is hereby further amended in accordance with (i) Classes 1, 2 and 3 10.30 the following schedule. (ii) Classes 4, 5 and 6 (not includ- Dated at Perth this 12th day of March, 1968. ing tilting or one man hitch trailer) 12.60 (Sgd) J. R. FLANAGAN, (iii) Over class 6 and up to and IL.S.'J Commissioner. including 230 engine horse- power 14.10 (iv) Class 6 with power operated attachments in excess of 230 Schedule. horsepower 15.20 1. Clause 10—Apprentices: Delete subclause 2 of this clause and insert in lieu thereof:— (h) Drivers of portable petrol driven cross-cut or circular saws 6.70 (2) Apprentices may be taken to— Engineering: Patternmaking, electrical fitting, (i) For the purposes of paragraph (2) fitting and/or turning, first class machin- of subclause (g) of this clause— ing, first class welding, electrical install- (i) Pneumatic tyred tractors up to 230 ing, automative electrical fitting, motor power take off h.p. are classified as mechanics, motor cycle mechanics, brass follows:— finishing, first class electroplating, black- Power Take-off smithing, coppersmithing, scale adjusting, Class Horse Power. locksmithing, battery fitting, refrigeration 1 Up to 15. fitting, scientific instrument making, fuel 2 Over 15 up to 25. injection fitting. 3 Over 25 up to 35. Boilermaking: Boilermaking and/or steel con- 4 Over 35 up to 45. struction work and/or first-class welding. 5 Over 45 up to 60. Moulding: Jobbing moulding and coremaking 6 Over 60 up to 80. and/or jobbing brass moulding and core- 7 Over 80 up to 100. making. 8 Over 100. (ii) Pneumatic tyred tractors over 230 power take off h.p. are classified as First Schedule. indicated in the margins table of this clause. 2. Add the following new classification to para- graph (a) of subclause 2:— (iii) Back hoe when attached to a trac- tor shall be considered as a power Margin per week over basic wage: $ operated attachment to the tractor. Fuel Injection Fitter 16.70 78 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

CORRECTION should be answered in the negative but it is not necessary to reach a final conclusion on that matter. RAILWAY EMPLOYEES. It follows that, irrespective of the provisions of Award No. 3 of 1961. the Act, I would answer the second question in the (Correction to Order No. 26 of 1968.) negative. WHEREAS an error has occurred in the copy of In an application to amend the provisions of an the amendment of the above award as published award the onus is placed squarely on an applicant in the Western Australian Industrial Gazette of to show the need for such an amendment and, in 21st February, 1968, No, 48, Part 1, Sub-part 1, contrast to the considerable evidence brought by page 22, the following correction is made:— the applicant in relation to other matters in dis- pute, no evidence was produced to support this Clause 38—Shift and/or Night Work—Sub- claim. However, in order that there may be no clause 3 (a). "Night Shift": Delete reference misunderstanding, it should be said that it seems to "8 p.m," in the last line of this subclause likely that, the union may have had regard to what and insert in lieu thereof "8 a.m.". was said during the proceedings and decided not Dated at Perth this 18th day of March, 1968. to press the claim. Finally, I am fortified by the knowledge that the union is able to seek a new R. BOWYER, award for all wholesale salesmen and if salesmen Industrial Registrar. are being treated unjustly, then, no doubt, a reference of industrial dispute will be filed with the Commission. In view of the foregoing I feel it desirable to SHOP ASSISTANTS. leave the wording of clause 24—Exclusions—^un- (Metropolitan.) altered. Although the parties have agreed to change the clause it does not appear to make sense Award No. 41 of 1961. in that the Wholesale Salesmen's Award does not BEFORE THE WESTERN AUSTRALIAN cover storemen and others mentioned therein. INDUSTRIAL COMMISSION. I turn now to the claims to amend clause 19— No. 391 of 1967. Time and Wages Record—and clause 30—Right of Entry. The union asks that a worker's full name Between the West Australian Shop Assistants' and and address be recorded in the time and wages Warehouse Employees' Industrial Union of record and that accredited representatives of the Workers, Perth, Applicant, and Boans Limited, union be permitted to interview workers during and others, Respondents. working hours without restriction but not so as to Before Mr Commissioner D. E. Cort. unreasonably interfere with the performance of The 25th day of March, 1968, work. Mr R. E. Archer on behalf of the applicant. These claims were related one with the other Mr. D. L. Hosking on behalf of the respondents. and Mr Archer submitted each should be granted to overcome problems experienced by union Judgment. organisers. It was alleged that, although those organisers generally received every assistance, they THE COMMISSIONER: This is an application by were frustrated in some instances by the actions The West Australian Shop Assistants' and Ware- house Employees' Industrial Union of Workers to of certain employers. It was suggested that, if further amend the Shop Assistants' Award No. 41 the claim were granted, union officials would be of 1961. The parties have agreed to alter several helped in the performance of their daily tasks. provisions of the award but remain in dispute on Evidence was given by Organisers Higgins, Beard its application to wholesale salesmen; the time and and Skipper and by Mr Archer. wages record to be kept by the employer; the wage It is not intended to review that evidence in rates to be paid to adult females and to male and detail but it is possible to make two general obser- female junior workers and the right of entry of vations thereon. First, the main "problem" of the union officials to the employers' premises. Organisers seems to arise when it is intended to Dealing first with the claim relating to wholesale approach workers regarding union membership salesmen it should be said that generally those and secondly, it is clear that the provisions of the salesmen are covered by the provisions of Award award are already sufficient to overcome most of No. 72 of 1951 which applies within a radius of the difficulties mentioned. It should be remarked fifteen miles from the G.P.O., Perth. The union that clause 27.—^Preference of Employment— desires the Shop Assistants' Award to cover whole- requires workers to become members of the union sale salesmen employed outside of a fifteen mile and the union is able to take action against those but within a twenty-five mile radius of the G.P.O., workers who refuse to comply with that provision. Perth, in the industries mentioned in the Whole- In 1964, the Commission approved the concept of sale Salesmen's Award and also other salesmen preference to unionists (44 W.A.I.G. 513) but did employed in the industries specified in the Shop not place an obligation on the employer to require Assistants' Award, if those industries are not men- his workers to join the relevant union. In other tioned in the Wholesale Salesmen's Award. words, the question of a worker joining a union In my view the claim raises two questions for arises between those directly concerned and not consideration. First, should it be granted having with the employer unless a non-unionist is em- regard generally to the provisions of the Act and ployed to the exclusion of a well-conducted secondly, has it been shown that there is a real unionist. need for wholesale salesmen to be brought within With the foregoing in mind and, subject to what the terms of the Shop Assistants' Award? remains to be said, the clauses will be altered to The parties may have realised, from what was require the address of a worker to be shown for said during the proceedings, that I am inclined to in this way a worker may be identified for all pur- the view that the first of the foregoing questions poses of the award and union officials will be given 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 79 a right of entry to the employer's premises to in- the same marginal rate as male workers and fin- spect the work being performed but not to inter- ally, that the economy of the State was such that view the workers performing that work. It is it could support the claim. Evidence was called usual to find this right of entry in awards of the from a number of witnesses on the work performed Commission and the evidence supports its inclu- in the industry and that work was viewed in a sion in this award. It was not shown that the number of establishments. circumstances of this industry were such to re- The issue between the parties raises questions quire a special provision to be included in the of considerable importance and in order that those award as is the case in a few awards operating questions may be appreciated it is desirable to in this State. refer briefly to the past fixation of wages in In respect of certain matters raised in the pro- this industry. The union submitted an exhibit ceedings it should not be necessary to mention showing the marginal rates prescribed for shop that an employer and a worker contract one with assistants in various awards since 1929 and it is the other in relation to the work to be performed convenient to mention certain of the amounts set during certain hours for a specified wage. That out in that exhibit. However, before doing so, common law contract is governed to some extent it is recorded that, except in relation to the appli- by provisions of the award and it is not unreason- cation of certain National Wage formulae in this able for an employer to require work to be done State, the marginal rates for both male and female in accord with that contract. If a worker has shop assistants have been fixed by agreement another "contract", for example, with the union, between the parties since at least 1920. then, generally speaking, those duties should be In 1929 (9 W.A.I.G. 24), a male shop assistant, carried out at another time. Furthermore, in an wherever employed, was in receipt of a margin in industry where a worker is in contact with the excess of the male basic wage equivalent to $1.25 public, that worker must be able to give his atten- compared with one of $2.32 for female shop assist- tion to the work and not be engaged in what may ants in grocery departments or shops; $1.71 in soft become a heated conversation with a union official furnishings, manchester, dress and silk depart- regarding payment of union fees. It is in the ments or shops; $1.32 in hardware, furniture, carpet nature of things that some workers will try to and dairy produce, house furnishing, saddlery, avoid union membership with its financial obliga- sporting materials, men's clothing, mercery and tion and it is appreciated that unon officals do men's boot departments or shops and 81 cents in not have an easy task. However, in my view, the all other departments and shops. Those margins union has been given every reasonable assistance for female workers were paid in excess of the in this matter and an employer should not be female basic wage which was then 54 per cent, required by award to help the union further on of the male base. By 1948 (28 W.A.I.G. 511), mar- the question of union membership. It is also gins had risen to the equivalent of $2.50 for male noted that the union has made little or no attempt shop assistants and $3.46, $2.78, $2.41 and $1.89 to take action against workers who fail to join respectively for female shop assistants. In 1951, the union or to maintain financial membership. when the female basic wage was increased by $1.74, Before I leave this matter of preference to with no change in the male basic wage, the 1948 unionists it is desirable to record that clause 27 margins for females were decreased by a like of the award is not worded in the same way as amount but shortly thereafter (31 W.A.G.I. 688) the clause usually adopted by the Commission for the parties agreed that female shop assistants, the purposes of its awards. wherever employed, should be paid a margin equivalent to $2.65 and, at the same time, agreed It remains to deal with the principal matter in that male shop assistants should be paid a margin dispute between the parties, namely, the wages equivalent to $3.25. This was the first occasion to be paid to adult female workers and to junior upon which an "average" margin was prescribed male and female workers. for all female shop assistants. The principle of Shortly stated, the union claims that each adult fixing such a margin is still in force and the parties female worker should be paid the same total wage now agree that the one wage should be prescribed as a male worker in the same classification and for male shop assistants irrespective of the type of that male and female junior workers in each department or shop in which those assistants are age group should be paid the same percentage of employed and, notwithstanding the evidence to the wage prescribed for adult workers. In reply which a reference will be made later, each of the the employers contend that the wages at present parties ask that an "average" wage be prescribed prescribed for all of these workers should remain for all female shop assistants again irrespective of unaltered. Both the union and the employers the department or shop involved. The margins agree that the existing wages for adult male continued to increase after 1951, although in 1960 workers should continue and it is that agreed the margins for female workers were reduced by wage that indicates the extent of the dispute be- the equivalent of $2.81 when the female basic wage tween the parties. was increased by that amount to 75 per cent, of the male basic wage. At the moment the margins Under the existing award, adult male workers are $8.40 and $6.10 respectively for male and fe- are entitled to a wage of $42.50 per week if shop male assistants and slightly less for store workers. assistants and to $41.50 if storemen, packers It is against this background that the Commis- or despatch hands and the union claims that sion is asked to increase the wage for all female these rates should be paid to adult female workers. shop assistants from $31.83 to $42.50 per week (for In support of the claim Mr Archer submitted that convenience, reference will now be made to shop female workers employed in the industry under assistants only even though other female workers review performed the same work as male workers are involved), and in a situation where, in recent and therefore should be granted equal pay; that years, the Commission has dealt somewhat exten- the claim was in accord with the principle of com- sively with rates of pay for female workers. The parative wage justice in that in other States relevant decisions on those matters have been female workers are paid male rates of pay (but studied with care and the parties will realise that only in some shops or departments) and in several a substantial part of what is to follow is taken of those States other female workers are paid from those decisions. (21—42412 80 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

Along with other questions, the concept of equal 24th October, 1966. It was late in that year that the pay for male and female workers has been con- Act was amended so that the basic wages for adult sidered and as recently as the 30th October, 1967, male workers and adult female workers would be the Commission, as presently constituted, refused at the level of the basic wage determined from time to grant equal pay on an application by the Shop to time by the Commonwealth Conciliation and Assistants' Union (47 W.A.I.G. 1050). This de- Arbitration Commission. The Commission, as con- cision is mentioned as in some respects the basic stituted by a single Commissioner, has no jurisdic- submissions put in this matter are little different tion to alter the basic wage, nor did that jurisdic- from those raised in that 1967 application. How- tion exist in 1965. If in 1965 it were wrong, as I ever, in any event, the circumstances of this appli- think it was, for the Commission so constituted to cation are such that it seems desirable to deal at act under the general powers conferred by the Act somewhat greater length with the questions in- to, in fact, cause an alteration in the female basic volved than was the case in that application. wage, then, in 1968, it is obviously wrong for that First, as to jurisdiction, this Commission has the Commission to so act in the face of the Legislature. power to award the male rate of pay to female Secondly, although it may be said that the workers. It has said that it would do so in a principle of equal pay for work of equal value is proper case but that, in view of the provisions of gaining recognition there may be some misconcep- the Industrial Arbitration Act relating to the fixa- tions in regard to that principle. In the 1965 Dairy tion of a basic wage to be paid to female workers, Factory Appeal Case the then Chief Industrial a case would not be a proper one unless special or exceptional circumstances were involved. This was Commissioner and Mr Commissioner Flanagan recognised by the union and Mr. Archer submitted that a special circumstance did exist, but before It is quite evident therefore that, without dealing with that circumstance a reference needs substantial amendments to the basic wage sec- to be made to the provisions of the Industrial tion of the Act, any attempt, by other varia- Arbitration Act and, in general terms, to the tions or additions, cannot achieve "equal pay" fixation of the basic wage and marginal rates. in the sense that it is commonly and popularly Part VII of the Act deals with the basic wage used. Unless the basic wage provisions are also and thereunder a different and lower basic wage varied, then it is most apparent that other is fixed for female workers than for male workers. amendments could only result in creating fur- In that same Part, section 127A makes it obligatory ther anomalies throughout the entire system for awards and industrial agreements to prescribe of female wage regulation. From this it should and distinguish separately—(a) the basic wage to not be assumed that we are suggesting any be paid to adult male workers or to adult female alteration to the provisions relating to the workers and (b) other wages, allowances or addi- basic wage. That is a matter for the parties and tional remuneration. It seems obvious that when the legislature. The implications involved, on a workers do the same work, under identical condi- national level, obviously become more pro- tions and circumstances, the "other wages, allow- nounced when considered solely on a State ances or additional remuneration" should be the basis. Those implications involve a complete same for both male and female workers. Next, in breakaway from the concept of needs and the light of the provisions of the Act, there would social responsibilities in wage fixation; con- need to be a substantial reason for the "other sideration of serious social and economic wages" of the female worker (or of the male issues, including capacity to pay, prices and worker) to be fixed at a different level from that costs; the effect on the level of male wages, of the male (or the female) worker. It follows that and equally important the ultimate effect on the Commission should not fix a higher margin the employment of females, and make this for a female because the Legislature has fixed a matter an issue on which an industrial auth- lower basic wage for that worker unless the circum- ority should not attempt to give a lead by stances are out of the ordinary. This matter was exercising its discretionary powers in the dealt with by Mr Commissioner Kelly in a Dairy manner suggested. (45 W.A.I.G. 954 at p. 960.) Factory Decision dated the 24th September, 1965, Some work in industry happens to be performed (45 W.A.I.G. 771) and in an appeal against that by both male and female workers and there is no decision by the Commission sitting in Court doubt that in some instances the female is as cap- Session. (45 W.A.I.G. 954). Since then, Part VH of able or more capable than the male. However, this the Act has been amended by the Industrial Arbi- on its own does not necessarily entitle a female tration Act Amendment Act, 1966, but I am of the worker to the male rate of pay under the "equal opinion that the amending Act strengthens the pay principle". I hold the view that in the imple- statement in the 1965 decision "that to grant equal mentation of such a principle it is necessary, in the pay in the circumstances posed in the question first instance, to determine the true value of the would amount to a circumvention of those pro- work and then to express that value as a total wage visions (relating to the basic wage) and would be to be paid irrespective of the level of the male basic contrary to the policy of the Act". wage which the Commission is required to prescribe. In this respect, in 1965, the Commission sitting in For example, in the present case, it cannot be said Court Session had jurisdiction to determine and that the work of a shop assistant is or has been the declare a basic wage to be paid to male workers sole province of the male worker or that it is work and a basic wage to be paid to female workers. which has been valued at the level of the total male Those basic wages were fixed at the discretion of rate of pay. Therefore the question arises as to the Commission at amounts considered to be just whether the true value of that work is, say, the and reasonable for the average worker to whom it $31.83 now payable to a female or the $42.50 pay- applied and took into account the domestic obliga- able to a male, or some other amount. It is relevant tion to which that worker, living in reasonable com- that of the $42.50 now prescribed for a male shop fort, would be ordinarily subject and the economic assistant, nearly 80% of that amount is on account capacity of industry and any other matters which of the basic wage of $33.50. That basic wage had the Commission deemed relevant and advisable. its genesis in the 1964 Decision of the Commission The Commission last declared a basic wage on the in Court Session (44 W.A.I.G. 545) and was fixed 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 81 without regard to the value of the actual work per- 663 is relevant in that whilst the Court formed by a shop assistant except, perhaps, to the generally applied the terms of an agree- extent that the work may have contributed gen- ment between the union and the employer erally to economic capacity as a whole. True, the applicable in other States to employees of basic wage is no longer fixed having a direct regard that employer in this State it did not in- to the domestic obligation of the worker but so little time has passed since it was so fixed that this clude in its award those provisions which aspect cannot be ignored in considering the level of it considered were inconsistent with its the male rate of pay. principles. . . . Thirdly, it must be borne in mind that in the (d) When regard is paid to an Eastern States fixation of marginal rates regard is paid to the award, that award should be considered as "skill" and the responsibilities of the "average a whole and not only in respect to its most worker" in the classification involved and the total wage of a worker performing work which carries favourable provisions. In all awards many no "skill" or responsibility is not overlooked. It is conditions prescribed therein are related not possible to compare the work of a male shop and to select only one of the conditions assistant in a particular department or shop with could well distort the comparison intended. that of a female shop assistant in that same depart- and to that extract I would add another from a ment or shop and then to conclude that the com- Meat Industry Case (47 W.A.I.G. 751 at p. 752) — parative "value" of the work is the same for male and female assistants at large in all departments Comparative wage justice is an important or shops. Whilst this latter statement may appear factor to be taken into account in fixing mar- to be somewhat trite it is particularly pertinent in ginal rates but only in accord with certain this matter when the Commission is asked to fix well established principles referred to in num- an appropriate marginal rate for the average erous decisions reported in the Gazette, but female shop assistant irrespective of the depart- more recently in the matter of the metal trades ment or shop in which she is employed and when evidence is given of male and female shop assist- industry (46 W.A.I.G. 707) and the appeal ants working alongside each other in a particular thereon (46 W.A.I.G. 823) and the building department or shop. trades industry (46 W.A.I.G. 766). The rate I turn now to consider the special circumstance of pay in one award should not be accepted raised by the union in support of the claim. That as a guide to a rate to be awarded in another circumstance is "that females employed in the unless the Commission is satisfied that the retail trade are paid equal total wages in all States work in each case is fairly comparable. Even of the Commonwealth except W.A.". Such a sub- then, other conditions of the award need to be mission really raises the application of the accepted studied so that a true comparison is made, not principle of comparative wage justice and it is only with that other award but in order to proper to draw attention to the basis upon which avoid the creation of anomalies and incon- this principle is given application. In a 1964 sistencies within the award under review. . . . Government Printing Office Case (44 W.A.I.G. 265) Finally, in looking at another award, it is an attempt was made to summarise the many de- necessary to consider the circumstances under cisions on the principle in the following terms;— which it was made and the principle upon (a) In paying regard to the specific conditions in these Eastern States awards it is prefer- which the rates and conditions prescribed able for a "standard" condition to exist therein were fixed to ascertain whether those if it is to be introduced in this State. For circumstances and principles form a proper example, if in each of the other States basis upon which this Commission should act. the margin . . . was £6 17s. 6d. per week, At this point it should be made clear that, in . . . extremely good reasons would have to the other States, all female shop assistants do not be evident to cause that claim to be re- receive the male rate of pay in that it is paid to jected. females employed in a restricted number of de- (b) . . . this Commission, . . . will not auto- partments or shops. Therefore, the "special cir- matically introduce a provision into its cumstance" raised by the union does not exist in award merely because it applies in an such a way to support the claim as filed. In this award in another State . . . the first re- industry the position is somewhat different but quirement placed upon the party seeking certainly less "persuasive" than the one in the a change in an award prescription to show passenger carrying industry when the payment of that the existing practice or award pre- the male rate to conductresses in the other States scription was unjust or had been abused of the Commonwealth (except South Australia) to such an extent to necessitate an altera- was not regarded as a special circumstance suffici- tion to the award. In my opinion, when ent to cause the male rate to be awarded (44 that first requirement has been met regard W.A.I.G. 874). In that matter the Commission can then be paid to the Eastern States looked to the background of those rates and it is awards to ascertain whether a provision proper to do so in this application. of one of them should be introduced to overcome the condition found to be un- In Queensland, male rates have been paid since reasonable. at least 1924 to females employed in the man- (c) When Eastern States awards contain dif- chester, dress and silks, men's and juvenile cloth- fering provisions, greater weight should be ing, mercery, draper-y, furnishings, grocery or furni- given to the provision inserted by an in- ture departments or in a grocery shop or in a dustrial authority, more particularly when furniture shop or in an ironmonger's shop in the reasons for decision are given which are Brisbane district. (9 Q.I.G. 53.) It appears that a consistent with the principles followed in similar provision first appeared in a 1915 Shop this State. . . . The Pulp and Paper De- Assistants' Award at a time when no female em- cision reported in Volume 39 W.A.I.G. p. ployees were principally employed on the work. 82 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

It is relevant to observe that in a 1960 case deal- others more suitable for men than women, in ling with the payment of male rates to female many cases again quite unsuitable for men assistants in the Northern areas of Queensland, or much more suitable for women than the Full Bench of the Industrial Court of Queens- men. . . . land stated— We have decided on the present applica- . . . However after the First World War had tions that the proper course for us to take started. Parliament introduced an important is to insert in the award a clause providing principle into industrial relations in Queens- that (a) shop assistants employed in the sale land, in so far as the wages of females were of certain specified goods such as groceries, concerned. men's clothing, hardware, shall be paid at the "The Industrial Arbitration Act of 1916", rates prescribed for males ... (36 N.S.W.A.R. contained the following significant provision 456 at pps. 478 and 484). and the same provision now appears in the Then in a 1940 Shop Assistants' Case it was current Act:— said:— "... the Court may make an Award with . . . The contention now placed before us reference to a calling or callings— is that not only should the same wage be (i) Fixing . . . the lowest prices for their paid to "persons of either sex performing the work or rates of wages payable to same work or producing the same return of employees . . . profit or value to their employer," but Provided that in fixing rates of that . . . wages in any calling— and after dealing at some length with the provi- (a) The same wage shall be paid sions of the Act relating to the basic wage, the to persons of either sex perform- decision continued— ing the same work or producing Another legislative aspect of the matter the same return of profit to must now be referred to and considered . . . their employer . . ." By the amending Act No. 14 of 1926, the definition of "Industrial matters" . . . was This lays down a principle of wage fixation amended to include "any claim that the same to be followed by the Court. (45 Q.I.G. 1251 wage shall be paid to persons of either sex at p. 1252). performing the same work or producing the In New South Wales, male rates of pay were same return of profit or value to their first prescribed for female assistants in 1937. employer." . . . The provision introduced by the Several extracts from decisions of the New South Act of 1926 was considered by the Commission Wales Industrial Commission are informative. in In re Hairdressers, &c., Females (State) First, the 1937 decision— Award (1929) A.R. 39, where the following ... It was claimed that the goods sold in passage appears at page 42:— these departments had, in the past, almost ex- Now, apart from special circumstances, the clusively been handled by male shop assistants, usual method of fixing the amount of the wage but that of recent years the practice had been to be awarded to any particular class of growing up of employing women and girls in employees, is to assess the amount which is to these departments, thus ousting or preventing be taken as an adequate margin over and above the employment of men and youths. the current living wage, either for the skill Material was placed before the Commission involved in the work or for its nature or the . . . which showed that, in the case of many conditions under which it is carried out, and retailers, a very low percentage of males was by adding that determined margin to the employed and that, too, in the sale of goods current living wage an amount is obtained generally sold by male shop assistants. This which is regarded as the minimum fair wage to practice of a limited number of retailers in be awarded. This principle is applied both to the beginning forced others, however desirous wages for male employees and wages for they might have been of employing men and female employees, but as the Act requires a youths, to do the same and make use of the separate living wage to be fixed for female cheaper labour in order to meet resulting employees, and that wage has always been competition. It seemed, however, to the Com- fixed at an amount less than the living wage mission that the mischief sought to be for adult males, this system has resulted gen- remedied by the unions would not be cured erally in lower wages being awarded to by the provisions contained in the applications females. That the Legislature contemplated a . . . the Commission realised that the problems differentiation is clear by the fact of the pro- presented might best be solved by allocating vision for a male living wage and a female the work available between males and females living wage. By the amending Act of 1926 the according to the classes of goods handled. definition of "Industrial matters" in section 5 Accordingly, we proceeded to divide the various of the principal Act was amended by adding departments into three classes namely, men's subclause (g) thereto in the following terms:— departments, women's departments, and de- any claim that the same wage shall be partments common to both men and women. paid to persons of either sex performing In the first class, shop assistants whether the same work or producing the same re- males or females should be paid male rates; turn of profit or value to their employer. in the second class, an employer should be Now this section only permits such a claim entitled to employ all female shop assistants: to be regarded as an industrial matter, and and, in the third class, not less than 50 per therefore within the competency of a com- cent, of the shop assistants employed should mittee or this Commission to determine, but be males. . . . no indication is given by the Legislature as We think that the sale of certain goods and to how the discretion of the committee or this classes of goods in retail shops is in some Commission is to be exercised. The female cases quite unsuitable work for women, in living wage is still retained as an integral part 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 83

of the system of wage fixation, and in our view basis for the assessment of the rates of pay this method described above still remains the for males. In the result, it has been excep- prima facie method of determining the amount tional hitherto for awards to be made fixing of any wage to be awarded to females. The equal total rates of wages for males and Commission is bound to entertain an applica- females performing the same work. (58 tion for the male rate to be awarded to females N.S.W.A.R. 470 at pps 474-5.) under the defined conditions, but it must Following the aforementioned 1937 decision, exercise its discretion in the light of all the female shop assistants became entitled to the male circumstances of each case. rate of pay if employed in any department or shop The Commission's view respecting the prin- in the sale of groceries, men's clothing, used cloth- ciples proper to be applied when considering ing, hardware, furniture, carpets and linoleum, an application for equal pay for the sexes un- manchester, mercery, men't hats, youths' hats, der the power expressly conferred by the Act men's footwear, youths' footwear, sports goods, of 1926 was pronounced in clear terms in 1929. saddlery and trade grindery, wireless sets and At that time the Industrial Arbitration Act equipment, motor vehicles and motor vehicle also provided for a different basis for the accessories and bicycles and bicycle accessories. assessment of rates of pay for females from that Subsequently, as a consequence of the equal pay provided for rates of pay for males. The Com- legislation that list of goods was extended. mission took the view . . . that the intention of the Legislature was to retain the female In Victoria, the position is somewhat compli- living wage as an integral part of the system cated in that a number of Wages Boards deal with of wage fixation, and that the method of sections of the retail trade. However, the Drapers' assessing female rates of pay upon the basis of Board has been selected to indicate the period over the female living wage still remained, prima which certain female assistants have been entitled facie, the method of determining the amount to the male rate. It is to the point that Mr Archer of any wage to be awarded to females. ... A suggested that this Board was one of importance separate and lower basis for the assesment of and influence. female rates of pay is still prescribed as an In 1920, the Drapers' Board held an appointment integral part of the system of wage fixation in to deal with persons employed in the business of a this State. Moreover, there would appear to seller of goods usually sold by drapers or haber- be still stronger support for the application, at dashers including mantle, costume, millinery, the least, of the same principle, since, as we gloves, stockings and underclothing and in that have pointed out, the very purpose and inten- year saleswomen in dress, manchester, drapery, tion of the Legislature in passing the Act in furnishing, prints or silk departments were granted 1937 was to achieve and maintain uniformity, the male rate of pay whilst other saleswomen re- so far as the basis for assessment of wages is ceived a much lower rate. In 1965, those other concerned, with the basis adopted and to be saleswomen were granted a wage increase so that adopted by the Commonwealth Court. ... (39 the margin in excess of the female base was the N.S.W.A.R. 198 at pps 199 and 204) same as that prescribed for the male assistant for and finally in the 1959 Equal Pay Case held to the reason that "there is no aspect of a sales- consider the 1958 legislation which directed the woman's work which makes it less skilful in the Commission to award equal pay in certain circum- broad sense relevant to a marginal fixation than stances:— that performed by a male. Each sex, for reasons ... It appears to have been not unusual in of delicacy, is exclusively engaged in some depart- some industries for male rates to be awarded ment in selling to persons of the same sex but the to females engaged on work normally regarded overall impression, which emerges from the evi- as male work, but no reported case has come dence and inspections, is that the skills required to our notice where the basis of the jurisdic- and the duties performed are substantially the tion so to award was considered. Where it same for both sexes". could have been shown that the female "persons" concerned were performing the same Other departments or shops in which male rates work or producing the same return of profit to are prescribed for female assistants in Victoria are their employer, the jurisdiction to award equal furniture, motor requisites, grocery and hard- rates of pay would no doubt have existed pur- ware. suant to the power to determine "Industrial Finally, in relation to South Australia, it appears matters" as defined. This may have been the that since at least 1928, female assistants selling basis for the decision of the Commission in In in the dress, manchester, drapery, furnishing, re Shop Asistants (Metropolitan) Conciliation prints, men's clothing or mercery departments Committee (1937 A.R. 456 at p. 484) that there have been entitled to the male rate of pay. Male was jurisdiction to prescribe that the same rates have also been paid in other departments wages shall be paid to persons of either sex and it is possible to refer to decisions of the South where the particular issue had been whether Australian industrial authority in order to gain an equal pay could be prescribed for male and appreciation of the position. female employees working in "men's depart- ments". . . . The fh-st of these decisions is in connection with It is plain that, in their practice of fixing an application in 1952 by employers to delete a wages for female employees, the tribunals provision which required the male rate to be paid under the Industrial Arbitration Act have to certain female shop assistants. It was there uniformly acted on the view that the statute stated:— has prescribed, as an integral part of the In an award of 21st May, 1936, for shop and system of wage fixation in this State, a female warehouse employees at Port Pirie, there was basic wage which is to be adopted for the provision ensuring to "female assistants em- assessment of rates of pay for females and ployed in selling in grocery, mercery and men's which is separate from and lower than the clothing departments" the same wage as males. amount of the basic wage prescribed as the (v.14 S.A.I.R.12). That provision was inserted WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

"by consent" of the parties to that award, they would be; and the fact that the clause but only a very few of the present applicants found a place (by consent of the parties) in were parties to that award . . . the existing award suggests that it was thought The fact that some of the present employer when that award was made that in the inter- applicants may have consented to clause 6 of ests of the parties and of the community it the existing award is not, of itself, a sufficient was desirable (so far as Port Pirie is con- reason for repeating it in a new award at the cerned) that men should be retained in the request of the respondent Union. (See Gawler particular employment to which the clause Shop Assistants Case, 12 S.A.I.R. 226). In the relates. In the circumstances I think that, Public School Teachers Case (18 S.A.I.R. at until the employers satisfy the Court that the pp. 140-141) Mr President Morgan said: "The existing condition of employment now under principles which this Court has applied to the discussion cannot be justified on principle, it fixation of women's wages where women do should not be removed. I propose to include the same class of work as men have been con- the clause in the new award. (25 S.A.I.R. 123 stant for at least the last twenty years. . . . at p. 130.) The cardinal rule may be stated thus—that Next, in 1958, the Shop Assistants' Union made unless the industry is one where it is desirable application to amend the Country Award to pro- that men should be kept in employment, and vide for equal pay and it was said:— there is a real danger of their being competed Finally I turn to the third of the questions out of employment by women labour, the wage which fall to me for decision, namely, whether rate payable to women doing the same class of male rates of pay should be awarded to work as men should be fixed by adding to females selling certain types of goods. the woman's living wage the same margin as The clause claimed is as follows:— has been allowed to men above the man's liv- ing wage for the class of work in question. Male Rates for Certain Females. . . . that cardinal rule has never been de- Females employed in the sale of gro- parted from since the Furniture Board Case ceries, men's clothing, mercery, men's boots by this Court, though its application has been and shoes, or furniture, or employed in modified where particular conditions in an departments principally devoted to the sale industry under consideration have justified of builders' hardware, sanitaryware, tools such modification." In considering that state- of trade, saddlery and ironmongery (ex- ment it must be kept in mind that since the cluding kitchenware) shall be paid the Full Court's opinion expressed in the Clerks same rates as are prescribed for males. (Marginal Rates) Case (No. 2) in May of this This clause seems to be the same as that year (v. p. 31 ante), prima facie the wage included in the current Port Pirie Shop and rates for women doing the same work as men Warehouse Employees award under the head- will be ascertained by adding to the living ing of "Male Rates for Certain Females". That wage for women seventy-five per centum of provisions in its present form has found a the margin which was added to the living wage place in the Port Pirie Shop and Warehouse for men when fixing the_men's wage. But I Employees award since 1947 and was so in- am not aware that this Court has ever sug- serted by consent of the parties. Actually a gested that females doing the same work as similar provision but with a more restricted males should be awarded the same wage for coverage of merchandise was first inserted in any reason other than that referred to in the the Port Pirie award for shop assistants, etc., Printing Trades Case—that "it is desirable that by consent in 1936. men should be kept in employment, and there In the current determination of Shop Board is real danger of their being competed out of No. 1 the same sort of provision has-been in- employment by women labour-"; and in that case serted although the classes of goods, which, if it was said (at p. 53) that where the prima facie sold by females, attract the male rate of pay, rule with respect to the fixation of females' are not the same as those prescribed by the wages was challenged, "evidence should be current Port Pirie Shop and Warehouse Em- adduced to show that it is desirable having in ployees award referred to above. view the interests of all parties and of the There are in evidence before me determina- community, that men should be retained in tions of wage fixing tribunals of other States that industry or grade . . ." which also prescribe the male rate of pay for The only evidence before me seems to sug- females selling a wider variety of goods than gest that owing to comparatively limited op- is fixed by tribunals in this State, although it portunities for employment at Port Pirie there is not easy to understand the justification in is a danger of some male shop assistants being every case for such prescriptions? What, then, competed out of employment if a lower rate should be the guiding principles in these mat- than that for the male be fixed for female ters? The question was to some extent con- doing the same work. There is before me no sidered by me in the Port Pirie Shop and evidence on the part of the applicants which Warehouse Employees Case (25 S.A.I.R. 123 at controverts the evidence given by the respond- p. 131). ent Union's witness Lines. On that evidence So far as the present application is con- some men who are employed in the sale of cerned, I indicate that I propose to adhere to groceries might be competed out of employ- the same principle ... I anticipate that in ment, but no particular evidence was directed some cases it would be difficult to decide what to any other classes of goods covered by the the interest of the community might actually section. Although I might have some doubt be. Suppose, for example, in a country town whether men other than those engaged in the there is a factory which is able to absorb the sale of groceries would be competed out of available male labour. Could it be said that busines by women if I rescind the clause, yet because females were employed as shop assist- the presence of the clause itself and the evi- ants that men were being competed out of dence (meagre as the later is) suggests that such work? Moreover, difficult questions can 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

arise, particularly where efficient male labour unemployment situation, it is almost impossible for shops in towns in the country is not avail- to predict with any feeling of certainty what able, whereas more efficient female labour is. would be the effect on employment in the In such a case, efficiency would win the con- classes of occupations we are now considering test and the inefficient male applicant would if the relationship between male and female not get the job which is available, irrespective rates of pay were suddenly altered so as to of whether females had to be paid the male make female rates substantially lower than the rate or not. The provision for payment of the rates payable to their male counterparts. male rate to females in certain cases will never But for the general unemployment referred satisfactorily solve the real problem underlying to above and the fact that an alteration of the the matter now under review when efficient present relationship of male and female rates male labour is inadequate. In some cases a of pay might in such circumstances induce a prohibition of the employment of females in situation where males, the traditional bread- shops might be the only effective remedy. winners of the family, could not find any . . . the problem of competing out has never employment whereas females, who, generally been really thoroughly investigated but I ad- speaking, do not have the same family respon- here to it as the basis of justification for sibilities as males, were in employment, we awarding male rates of pay for females in might have felt compelled to alter the present certain cases although the question is fraught prescription and fix the relationship between with difficulty. In a clear case I would not male and female rates, for the occupations hesitate to act in the public interest. I think, concerned, at the percentage normally adopted to, that the Court may have to take some by the Court in fixing female rates of pay, action to discourage females from accepting namely, 75 per centum. work for which they are not suited such as However, we cannot ignore the evidence con- that where the lifting of heavy articles or cerning unemployment. We point out that one merchandise is involved. In such a case it of the functions of the Court is to protect the might be that a prohibition of the employment interests both of employers and of employees. of females is the appropriate remedy, but cir- If the relationship between the rates payable cumstances could arise which might justify to male and female employees in the classes of the payment of a male rate of pay to females. occupations we are considering were suddenly Unless justified on the grounds of (a) compet- changed at the present time so that the rates ing out or (b) discouraging employers from payable to females were substantially lower accepting females for types of work for which than those payable to males, we feel that male they are not suited or which are not appropri- employment could be adversely affected. In ate for them to do, I would not generally our opinion this would be opposed to the public award the male rate of pay for females in interest in the broad sense. this industry. There may be other grounds which justify the payment of the male rate Having regard to the present state of the to females but at the moment I am not aware employment situation, therefore, we are not prepared to say that the Chairman of the of them and I take the matter no further in Industrial Board erred in refusing to alter the this application. existing relationship, which, we point out, has There is in the present case no evidence continued for approximately 40 years. ... we upon which I could come to a finding that men feel that little harm can be done by continuing are being competed out of work in this in- that relationship at least until such time as it dustry in the country by females and under can be altered without the present fear that those circumstances I feel unable to award the effect would be to cause additional unem- the clause as claimed. (28 S.A.I.R. 89 at p. ployment as regards males at present employed 95.) in the industry. In making this statement, we and finally in the matter of appeals against a emphasise that if we had felt satisfied that any determination of the Shop Board the Full Court males who might have been displaced from dealt with the question on the 1st March, 1962. this industry as a result of a reduction in In that matter the employers applied to the Shop female rates could have been readily absorbed Board to have all the provisions prescribing male into other industries, we would probably have rates of pay for female shop assistants deleted from been prepared to alter the existing relation- the award. The effect of the decision was to allow ship. the employers' application as regards grocery shops We have also given consideration to the but to refuse it as regards other shops. Both the provisions in awards and determinations oper- employers and the union appealed against the de- ating in other States, but point out that, par- cision and, after dealing with the principles upon ticularly as the provisions are not identical in which wage rates had been fixed for female em- each State, they should not be followed if to ployees, the Full Court reviewed the submissions do so was opposed to the principles of this of the parties and in relation to the employers' Court discussed earlier herein. appeal said— In our opinion different considerations might In addition, the employees' representatives apply if the employees were seeking to estab- tendered certain statistics relating to the lish male rates of pay for female shop assist- general unemployment situation in Australia ants for the first time, but of course, we are, as a whole and in South Australia. That there in this case, considering the complete reverse is at present a certain amount of unemploy- of such a situation. ment in industry generally cannot be de- In brief, we do not consider that, under nied. . . . normal circumstances, male rates should be As we have stated more than once, in the required to be paid to female shop assistants classes of occupations we are at present con- as regards the occupations we are considering, sidering, females are already in receipt of male but, having regard to the history of the in- rates of pay. Having regard to the present dustry, the fact that there is no evidence of 86 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

any vital change in the structure of the in- or replenishing the shelves. Normally goods dustry, and the general employment situation, on display sell themselves without the aid to we are not of the opinion that the existing any extent of the staff. relationship between male and female rates The statistical evidence before the Court should be disturbed at the present time. indicates that the percentage of male em- For the above reasons, this portion of the ployees to females is dropping appreciably, employers' appeal is dismissed. . . . although such a trend is to be expected in the modern type of grocer's shop where few In considering the union's appeal, the Pull males, except managers, are employed. The Court said—• conclusion is irresistable that in such shops It is to be remembered that from very early male employees, other than managers, are not times in the history of this Court, female em- now really essential to any great extent un- ployees in the grocery section of this industry less goods of heavy weight are handled. have consistently—except for one period of . . . The trend undoubtedly has moved fairly short duration—received the male rate against the employment of males in the for such work. It is true that female employees grocery section but it seems to us on the evi- do not normally carry out all the work ex- dence, or as a fair infei'ence from the evidence pected of male employees, for example, the that it has done so owing to other factors. It lifting of heavy weights. However, it could not has become obvious that men have, for one be expected that females should perform such reason or another, been seeking employment work and indeed, there may be other aspects in other industries where, at least in times of of the work that they are not expected to prosperity, the rewards seem to be greater. perform, though we are not aware of any. The This, coupled with modern trends in grocers' evidence before the Chairman of the Board shops has caused the number of male em- seems to establish or at least strongly suggest ployees to drop in relation to females, not- that in this section of the industry also, male withstanding that females have, until the com- employees are more efficient and effective than ing into operation of the current determina- females and that if efficient male labour were tion, been receiving the same rate of pay as available, such male labour would be employed men. Indeed, it has occurred despite the in preference to female labour. The original factor of equal pay which might lend some reasons for fixing the same rate of pay for support to the theory that men are not now, females as for males in this section of the trade under modern conditions and changing cir- were not brought to our attention. We can- cumstances, as necessary in grocers' shops as not, however, ignore the fact that such a pro- they used to be vision was included in determinations for many It seems to us that while in self-service years prior to the making of the determina- stores some males will continue to be employed tion under appeal. It may be pertinent to add, on management and planning, or where there too, that the awards of other States indicate is heavy work to be performed, yet the work that in most cases females receive the same of the cashier who reckons up the amount each rate of pay as males in this section of the customer has to pay, as well as the work of trade. We point out that mere usage in this those who "rack-up" and replenish the State or elsewhere should not determine the shelves, may be said to be quite appropriate matter, although in such circumstances the for women. Court would not be disposed to delete the pro- In the modern grocer's shop there arises vision without some good reason. However, we some doubt as to whether males need be re- emphasise that equal rates of pay for male and tained except in small numbers and we do not female employees should not be awarded ex- consider that the change to what we regard cept in the circumstances discussed earlier in as the appropriate rate of pay for women, this judgment when referring to the Court's namely, 75 per centum of the male rate, will principles in relation to this subject matter. cause that essential nucleus of male labour to be competed out of work. Before attempting to come to any conclusion Nor do we see any great danger that males on the facts, we think it highly desirable to will be competed out of employment in the examine the evidence relating to the grocery older type of grocer's shop. In many of such section of the industry. The evidence reveals the proprietor has a delivery round whereby that radical changes have in fact taken place orders are collected and delivered almost ex- in the industry in recent years, particularly in clusively, if not exclusively, by men. The work the methods of selling, resulting in a curtail- of lifting goods of heavy weight would have ment of labour and the establishment of to be performed by men also and although serve-yourself stores, sometimes called super- the serving of customers could be performed marts. The method now generally adopted in by females, the other factors of the work such establishments is to place on display would necessitate the employment of a certain goods of many different kinds, allowing cus- number of men. tomers to choose their own goods, the prices of which are usually marked on the articles In view of the significant changes which themselves or on the racks and the total cost have taken place in the structure of this sec- of which is computed by a female cashier as tion of the industry we feel unable to say that customers leave the shop. Most of the em- the Chairman erred or was manifestly wrong. ployees are females, being mainly employed in (30 S.A.I.R. 13.) "racking up" or replenishing the shelves as the The following observations may now be made on goods on display are depleted. Male labour in the position in the other States as it relates to the this type of establishment is, except for the question now before the Commission:— manager, not considerable but males are (1) Generally, emphasis has been given to employed where the lifting of heavy weights the level of the female basic wage and to the is involved and sometimes for "racking up" intention of the Legislature that the wage of 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

the female worker should be lower than that (7) The Commission is also aware of the for the male. In New South Wales, stress change which has taken place in the approach has been laid on the intention to retain the of society to the employment of female female basic wage as an integral part of the workers. In these times it is accepted that system of wage fixation. In Queensland and female workers should have an equal oppor- New South Wales and for many years the tunity of employment in industry and the Legislature has given a discretion in specific field in which women are being employed is terms to the industrial authority to allow increasing. This is to be expected with the equal pay and, since 1958, the New South present shortage of male labour in this State Wales Industrial Commission has been directed but is of itself no reason for the claim to be to so prescribe under certain circumstances. granted, and This State may be distinguished from those (8) On the evidence and the inspections I two States in that there is no legislative am unable to agree that a}l of the work for directive regarding equal pay whilst it may be which the male rate is prescribed elsewhere said that there is such a directive in regard is work on which female assistants should be to the level of male and female wages in that paid a considerably higher wage than that the female basic wage and the male basic prescribed for assistants in other departments. wage have been fixed by the Legislature; In my view the foregoing does not support the (2) Equal pay has operated to an extent in union's submission that the limited prescription some of the other States since at least 1920 of male rates in other States creates a special and in all of those States since 1937 but never circumstance sufficient to cause this Commission in Western Australia; to depart from its normal practice of considering (3) Broadly speaking, the departments or the work and fixing a fair and reasonable margin shops in which male rates are paid to female to be added to the female basic wage. workers in the other States are not dissimilar It remains to refer to the evidence of two em- to those in this State in which, in 1929 at ployers, each of whom supported the principle of least, female assistants were entitled to a male rates being paid to female workers. Those higher margin than male assistants and sub- employers are engaged mainly, but not wholly, in stantially higher margins than female shop the grocery trade and have paid "male rates" to assistants in "other departments or shops". most female assistants since April, 1966. Viewed As mentioned earlier, in 1951 the parties as a whole, that evidence was not so convincing agreed that an "average" margin should be to cause me to depart from the principles laid prescribed for female assistants and the prin- down by this Commission. Employers are free to ciple of prescribing a common rate for all pay in excess of the award rate for whatever female assistants has continued with apparent reason they consider proper, but such payments satisfaction as both the union and the em- should be given little or no weight in considering ployers asked the Commission to continue that minimum wage levels and particularly when, com- principle. It may be that the reason, which paratively speaking, the payments are the excep- caused a higher minimum wage to be pre- tion rather than the rule. In such a case the scribed for some female assistants in this overaward payment cannot be taken as an indica- State, ceased to exist in the post-war era and tion of the capacity of the industry as a whole to in this respect the appeal decision in South pay a higher wage. Finally, I am fortified in reach- Australia is relevant; ing this conclusion by my appreciation of the work (4) In the instant case, no question arises being performed and by what has been said by the as to females being employed to oust or pre- Full Court in South Australia. In looking at that vent the employment of male workers, nor work, in which one of the witnesses said a worker has it been suggested that any of the work is could become proficient in a short time, it would unsuitable for women. The reasons for the not be possible to value it at an amount in excess prescription of the male rate, say, in New of $42 per week. Also it is relevant to recall that South Wales in 1937, do not exist in this in 1966 the Commission indicated that, in fixing State in 1968 even assuming that in these wages, it was appropriate in certain circumstances times those grounds would be sufficient to sup- to look to the wages prescrbed for workers in other port such an award. In this respect the evi- industries in this State and this course has been dence clearly indicated that some female followed in this case to substantiate a conclusion workers are employed now because male otherwise reached. workers are not available and that the work I would refuse the claim for the prescription of was suitable for and could be performed by the male rate of pay for female workers in this female workers; industry and turn to consider whether the existing (5) In South Australia the male rate was marginal rates should be altered. originally granted by consent and on the Much of what has already been said is also principles enunciated it seems most unlikely relevant in relation to this question but attention that, in today's circumstances in this State, a is drawn to those decisions of the Commission claim for equal pay would succeed; which have dealt with the fixation of marginal (6) The Commission is aware that some rates for male and female workers employed in the changes have taken place in the industry over same classification. Those decisions have held that, the years. A change in the grocery trade has prima facie, male and female workers, employed in been referred to in South Australia and this the same classification, should be paid the same type of retailing is becoming more prevalent marginal rate but that rate has not necessarily been in other departments, for example, hardware. awarded when the industry has been viewed in In view of this, less weight can be given to pro- depth (46 W.A.I.G. 951). In view of these decisions visions inserted in awards in other States in it is first necessary to consider whether the work the 1920's and 1930's than would otherwise be of the average female employed in the industry is the ease and particularly in view of the posi- sufficiently different from the work of the average tion in this State as referred to in paragraph male in the industry to cause the Commission to 3. above; depart from the prima facie rule. 88 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

The evidence from a number of witnesses, the before the Commission it is impossible to fix a inspections of several establishments and my margin for the average female shop assistant which general knowledge of the industry are of assistance will do justice to each of the persons bound by the in this respect but there are several complicating award whether those persons be worker or em- factors to which I must refer. First, little was ployer. On the one hand, it will appear to be unjust said in relation to any change which has taken to some if a margin is fixed below the male mar- place in the work performed in the industry over gin of $8.40 per week and on the other it will the years. However, it would seem that, with the appear to be unjust if female assistants engaged in exception of the introduction of "self-service", few relatively simple retailing are granted a margin such changes have taken place. This must be anywhere near that prescribed for the more skilled viewed against the parties' own assessment of the male worker. In my opinion the margin of $6.10, work in that it has been agreed between them that presently prescribed for female assistants, should the average male worker should have a substan- be increased but not by an amount sufficient to tially higher margin than the one fixed for the bring it too close to the $8.40 per week agreed for average female worker. Secondly, the evidence the average male assistant. showed that work performed by some female assist- ants was more skilled than that performed by To fix the level of the margin I feel it is proper others but as that evidence did not cover the work to ascertain whether the wages prescribed for of shop assistants in all departments it is not female assistants (but not the male rates) in the possible to reach a firm conclusion on the relative other main States can be of assistance. In Queens- skills of all assistants. Without such a complete land the wage is $32.50 per week or about 70 cents review of all of the work anomalies and inconsist- higher than the wage in this State. In New South encies could be introduced into the award if vary- Wales the rates vary from $31.10 to $34.30 per week ing marginal rates were granted to some female with the principal group of assistants receiving assistants. Thirdly, it would not appear to be $31.25 or, depending on age, $34.30 per week. The conducive to industrial peace to award a higher lesser of these rates is about 60 cents below the margin to a female assistant in a department for wage in this State and the other about $2.50 considerations likely to apply equally to the male higher. In Victoria several rates are also prescribed. worker when the male worker in that department These range from $30.85 to $33.90 per week but it will receive the same margin as his counterpart appears that $33.90, which is about $2 per week in elsewhere. Therefore, on the claim and answer excess of the Western Australian wage, is the wage before the Commission, it would appear to be un- prescribed for the majority of assistants. Finally, wise to endeavour to "go outside" those issues by in South Australia, the wage is either $31.00 or reintroducing differential rates of pay. Fourthly, $31.50 per week. In passing it should be remarked the evidence and inspections showed that female that the lower rate is the one prescribed fairly assistants were being employed in a greater num- recently for work in grocery departments or shops. ber of departments than was previously the case. Each of these rates is less than the wage of $31.83 However it was said that male workers, who would prescribed for female assistants in this State. be preferred, are not available. Next, the evidence To summarise, the present wage in this State is and the inspections also showed that the work higher than that paid in South Australia, higher of some male and female assistants was similar than the wage prescribed for some assistants in but that the male assistant was usually employed New South Wales and Victoria but up to about $2.50 in the department requiring the most ability. and $2.00 per week below the maximum wages in (This, of course, applied equally to the female those respective States and about 70 cents below assistants in those departments.) In the so called the Queensland wage. It is this type of situation, chain stores only female assistants are employed in which varying rates are prescribed in the differ- and it is this type of work which I regard as being ent States, which has caused the industrial tribunal less skilled than other "selling" carried out by shop in this State to look for a "standard" in the appli- assistants. Lastly, in at least some departments cation of the principle of comparative wage justice. it is necessary for a worker to gain experience and On the information before the Commission it is it is understandable that the experienced female not possible to select one wage as being more proper assistant would be more efficient than the inex- than another except the maximum rates in New perienced male but the margins are not related South Wales and Victoria must be ruled out in view to experience and must be paid to all assistants of the earlier conclusion that the margin for (male or female) irrespective of comparative female assistants should be something less than experience. $8.40. It is noted that in some States the female It will be evident from the foregoing that, in my margin is equal to that of the male and in others opinion, it has been shown that female assistants that it is less than the male margin. If the rate in in at least some departments or shops perform this State is to be equal to that in the Eastern work so similar to the male worker that, in other States the immediate question is whether the Com- circumstances, the margin for both would be the mission should select the $31.50 in South Australia, same; that the work of the average male assist- the $32.50 in Queensland, the $33.90 or some lesser ant, for which the margin of $8.40 is fixed, calls amount in Victoria or the $34.30 or again some for the exercise of far greater skill than the work lesser amount in New South Wales. of the average female assistant in other depart- It seems proper that the Commission should fix ments. However the matter before me is such a wage which on the evidence and inspections ap- that to endeavour to fix differential rates for pears reasonable in all the circumstances. assistants at large would be to create difficulties After consideration I would increase the margin and problems and possibly difficulties and problems by $1.50 per week. If it had been open to me to fix much greater than those which such a decision differing margins in various departments a some- would seek to overcome. what higher margin than $7.60 would have been In the final analysis I am led to the conclusion prescribed for some assistants but a somewhat that overall the work of the "average male assist- lower one for the lesser skilled assistants. For those ant" is more "skilled" than the work of the interested in comparisons, this increase will take "average female assistant". Therefore, on the issues the wage of female assistants to an amount about 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 89

$1.80 in excess of the highest "female wage" in The minutes of the proposed order contain the South Australia and about 80 cents in excess of that rates felt to be proper. Generally, having regard wage in Queensland but it must be remembered to the industry in which these junior workers are that some female assistants in those States are employed, those rates have been fixed on similar entitled to a much higher wage. The new wage will principles to those referred to in the Dairy Factory also be higher than some of the wages prescribed Case (45 W.A.I.G. 52) and to maintain a regular in New South Wales and Victoria but, for the but gradual increase throughout the various age reasons expressed, not as high as the maximum groups. wage in those States. The minutes of the proposed order will now issue. Similar considerations apply to storewomen, The speaking to those minutes will be held on packers and despatch hands. Some store work is receipt of a request from the applicant. not suitable for female workers but I see no reason to disturb the relationship between assistants and Order accordingly. storeworkers fixed by the parties and the same in- crease will be awarded. It follows that, in my view, the economy should BEFORE THE WESTERN AUSTRALIAN be called on to bear the additional wage cost in- INDUSTRIAL COMMISSION. volved. In view of the submissions put by Mi- No. 391 of 1967. Archer in relation to the economic position of the Between The West Australian Shop Assistants' and State, it should be made clear that because of that Warehouse Employees' Industrial Union of position the increase has not been fixed at a differ- Workers, Perth, Applicant, and Boans Limited, ent level than would otherwise be the case. and others, Respondents. I turn now to the claim for increased wages for male and female junior workers. In the first place HAVING heard Mr. R. E. Archer on behalf of the the contention that juniors in the same age group applicant and Mr. D. L. Hosking on behalf of the should be paid the same wage calculated as a per- respondents, I, the undersigned, Commissioner of centage of the adult rate is rejected. It is not sup- The Western Australian Industrial Commission, in ported by the provisions of the Industrial Arbitra- pursuance of an allocation to me under section 54 tion Act or, on the submissions, by the awards of the Industrial Arbitration Act, 1912-1966, and applicable in the other States and, in any event, it in pursuance of the powers contained in section 92 would have to be refused in view of the decision of the said Act, and all other powers therein en- relating to adult female assistants. However, it is abling me, do hereby order and declare— still necessary to review the level of the wages That the Shop Assistants' (Metropolitan) presently payable to male and female juniors. Award No. 41 of 1961, as amended, be and the The union also submitted that wage increases same is hereby further amended in accordance should be granted on the comparative wage justice with the following schedule and that such principle in that regard should be paid to the rates amendment shall take effect as from the begin- prescribed in the other States. No evidence was ning of the first pay period commencing on or called from a junior worker but the other evidence, after the date hereof. supported by inspections, gave an indication of the Dated at Perth this 29th day of March, 1968. work performed and the conditions under which it [L.S.] (Sgd.) D. CORT, is so performed. On the other hand, Mr Hosking Commissioner. contended that the general level of rates paid to junior workers in this State should be the first con- sideration in that rates should be fixed within that framework. Schedule. These respective submissions may be said to 1. Clause 11—Overtime: Delete subclauses (d) suffer from the same fault. With one exception, and (g) of this clause and insert in lieu thereof:— namely, the Dairy Factory Award, the attention (d) Work performed on Saturdays before 12 of the Commission was not drawn to the reason for o'clock noon in establishments which work a the rates being fixed at the different levels in the five-day week (Monday to Friday inclusive) other States or in other awards in this State. Fur- shall be paid for at the rate of time and a thermore, no "standard" is discernible from either half for the first four hours and double time the exhibit tendered by Mr. Archer or that sub- thereafter. mitted by Mr. Hosking. (g) (i) All time worked before the usual Refen-ing to the employers' exhibit, it is notice- starting time or after the usual able that the wage rates in the "factory" awards finishing time in any establishment are generally lower than those prescribed for office shall be paid for at the overtime workers in the Clerks' Award. The reason for this rates. is not known, but if it is because of the work or (ii) A worker required to work overtime the conditions under which it is performed (includ- on Saturday afternoon, Sunday or a ing the standard of dress required), then those holiday referred to in clause 12 after rates are of more assistance in this matter than leaving the employer's premises and the wages prescribed in the other awards. who returns home on completion of Be that as it may, I am of the opinion that, that overtime, shall be paid:— generally, the wage rates for both male and female (aa) For a minimum of two hours junior workers should be increased. In addition, at overtime rates if notified and it follows from what has gone before, I see of the requirement to work no reason why junior male storemen of certain overtime before leaving the ages should receive a higher rate than junior male employer's premises. shop assistants, nor do I agree with the union that, (tab) For a minimum of three generally, junior storemen should be paid less than hours at overtime rates if junior assistants. recalled. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

(iii) When overtime work is necessary it $ shall, wherever reasonably practic- If placed in charge of 3 or more able, be so arranged that workers other workers but less than 10 have at least eight consecutive hours workers 2.35 off duty between the work of succes- If placed in charge of 10 or more sive days. workers 4.60 A worker (other than a casual (c) Adult Females (margin over female worker) who works so much over- basic wage per week): time between the termination of his ordinary work on one day and the Shop assistants or demonstrators .... 7.60 commencement of his ordinary work Storewomen, despatch hands, pack- on the next day that he has not ers .... 6.95 had at least eight consecutive hours In addition to the rate prescribed off duty between those times, shall, herein for her classification, a worker subject to this paragraph, be re- required by the employer to be in leased after completion of such charge of a shop or of other workers overtime until he has had eight con- shall be paid the following amount:— secutive hours off duty without loss If placed in charge of a- shop with of pay for ordinary working time no other workers or if placed in occurring during such absence. charge of less than 3 other workers 0.95 If, on the instructions of his em- If placed in charge of 3 or more ployer, such a worker resumes or workers but less than 10 workers .. 1.80 continues work without having had If placed in charge of 10 or more such eight consecutive hours off other workers 3.50 duty, he shall be paid at double rates until he is released from duty (d) Junior Male Workers (per cent, of for such period and he shall then male basic wage per week): % be entitled to be absent until he Under 16 years of age 40 has had eight consecutive hours off 16 to 17 years of age 524 duty without loss of pay for ordin- 17 to 18 years of age 65 ary working time occurring during 18 to 19 years of age 774 such absence. 19 to 20 years of age 924 20 to 21 years of age .... 100 + 2. Clause 19—Time and Wages Record: Delete $1.00 subclause (a) of this clause and insert in lieu Junior Female Workers (per cent, of thereof:— female basic wage per week): % (a) The employer shall keep and enter up Under 16 years of age 45 or cause to be kept and entered up records 16 to 17 years of age 574 containing the following particulars:— 17 to 18 years of age 674 (i) The name and address given by each 18 to 19 years of age 774 worker. 19 to 20 years of age 924 (ii) The class of work performed. 20 to 21 years of age .... 100 + (iii) The daily starting and finishing times 50 cents (and overtime, if any) worked by each (f) Where a worker is required to use a fork worker. lift, towmotor or mechanical hoist in the (iv) The wages (and overtime, if any) paid performance of his duties, he shall be paid to each worker. an additional 3 cents per hour whilst so en- gaged. (v) The ages of junior workers. (g) Casual Hands—Whilst so engaged, casual 3. Clause 28—Wages: Delete this clause and hands shall be paid at the rate of 15 per insert in lieu thereof:— cent, in addition to the rates prescribed herein. 28.—Wages. (h) Any person, whether a junior or adult, em- The minimum rates of wages payable to workers ployed as a canvasser and/or collector shall covered by this award shall be as follows:— be paid the adult male wage. (a) Basic Wage (per week): $ (i) Where a canvasser provides his own bicycle Adult males 33.50 he shall be paid an allowance of 25 cents Adult females 25.13 per week. (b) Adult Males (margin over male basic (j) A worker shall receive 7 cents for every hour wage per week): of which he spends 20 minutes or more in a Shop assistants or demonstrators .... 8.40 cold chamber in which the temperature is Storeman, packer, despatch hands . 7.40 less than 30 degrees fahrenheit. Storeman working singly 7.90 Canvasser and/or collector 8.40 4. Clause 30.—Right of Entry: Delete this clause Window dresser 9.50 and insert in lieu thereof:— In addition to the rate prescribed 30.—Right of Entry. herein for his classification, a worker (a) On notifying the employer or his represen- required by the employer to be in tative an accredited representative of the union charge of a shop or of other workers shall be permitted to interview a worker during shall be paid the following amount:— non-working times or the meal period on the If placed in charge of a shop with business premises of the employer, but this per- no other workers or if placed in mission shall not be exercised without the consent charge of less than 3 other workers 1.25 of the employer more than once in any one week. 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 91

(b) In the ease of a disagreement existing or amendment shall take effect as from the be- anticipated concerning any of the provisions of this ginning of the first pay period commencing award, an accredited representative of the union, on or after the date hereof. on notifying the employer or his representative, Dated at Perth this 29th day of March, 1968. shall be permitted to enter the business premises of the employer to view the work, the subject of [L.S.] any such disagreement, but shall not interfere in (Sgd.) D. CORT, any way with the carrying out of such work. Commissioner.

Schedule. SHOP ASSISTANTS. 1. Clause 13—Wages: Delete this clause and (Wholesale Salesmen.) insert in lieu thereof:— Award No. 72 of 1951. 13.—Wages. The minimum rate of wages payable to workers BEFORE THE WESTERN AUSTRALIAN covered by this award shall be as follows:— INDUSTRIAL COMMISSION. (1) Basic Wage (per week): $ No. 998 Of 1967. Males 33.50 Between The West Australian Shop Assistants' and Females 25.13 Warehouse Employees' Industrial Union of Workers, Perth, Applicant, and Goode, Durrant (2) Adult Males (margin over male basic and Murray Limited, and others, Respondents. wage per week): Before Mr. Commissisoner D. E. Cort. Wholesale Salesman 8.40 The 25th day of March, 1968. (3) Adult Females (margin over female Mr. R. E. Archer on behalf of the applicant. basic wage per week): Mr. D. L. Hosking on behalf of the respondents. Wholesale saleswomen 7.60 (4) Junior Male Assistants (per cent, of Judgment. male basic wage per week): % THE COMMISSIONER: This is an application by Under 16 years of age 40 the Shop Assistants' Union to amend the Whole- 16 to 17 years of age 524 sale Salesmen's Award No. 72 of 1951 in respect 17 to 18 years of age 65 of the wage rates for adult female workers and 18 to 19 years of age 774 for male and female junior workers and in relation 19 to 20 years of age 924 to the Time and Wages Record and Right of Entry 20 to 21 years of age 100 + clauses. $1.00 The claims are the same as those dealt with by (5) Junior Female Assistants (per cent, the Commission in the mater of Application Nod. of female basic wage per week): 391 of 1967 to amend the Shop Assistants' Award Under 16 years of age 45 No. 41 of 1961, and the reasons for decision, issued 16 to 17 years of age 574 on that application, apply equally to this applica- 17 to 18 years of age 674 tion. In the light of that decision and the minutes 18 to 19 years of age 774 of the proposed order issued in connection there- 19 to 20 years of age 924 with, the parties are requested to draw up an 20 to 21 years of age 100 + amending order in this matter. 50 cents The speaking to the minutes on that order will be held along with the speaking to the minutes in 2. Clause 23—Time and Wages Record: Delete the Shop Assistants' application. subclause (1) of this clause and insert in lieu thereof:— Order accordingly. (1) The employer shall keep and enter up or cause to be kept and entered up, records containing the following particulars:— BEFORE THE WESTERN AUSTRALIAN (a) The name and address given by each INDUSTRIAL COMMISSION. worker. No. 998 of 1967. (b) The class of work performed. Between The West Australian Shop Assistants' and (e) The daily starting and finishing times Warehouse Employees' Industrial Union of (and overtime if any) worked by each Workers, Perth, Applicant, and Goode, Durrant worker. and Murray Limited and others, Respondents. (d) The wages (and overtime, if any) paid to each worker. HAVING heard Mr. R. E. Archer on behalf of the applicant and Mr. D. L. Hosking on behalf of the (e) The ages of junior workers. respondents, I, the undersigned, Commissioner of 3. Clause 24—Right of Entry: Delete this clause The Western Australian Industrial Commission, in and insert in lieu thereof:— pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in 24.—Right of Entry. pursuance of the powers contained in section 92 of (1) On notifying the employer or his representa- the said Act, and all other powers therein enabling tive an accredited representative of the union shall me, do hereby order and declare— be permitted to interview a worker during non- That the Wholesale Salesmen's Award No. 72 working times or the meal period on the business of 1951, as amended and consolidated, be and premises of the employer, but this permission shall the same is hereby further amended in accord- not be exercised without the consent of the em- ance with the following schedule and that such ployer more than once in any one week. 92 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

(2) In the case of a disagreement existing or (8) (a) When overtime work is necessary it anticipated concerning any of the provisions of shall, wherever reasonably practicable, be so this award, an accredited representative of the arranged that workers have at least 8 con- union, on notifying the employer or his repre- secutive hours off duty between the work of sentative, shall be permitted to enter the business successive days. premises of the employer to view the work, the (b) A worker (other than a casual worker) subject of any such disagreement, but shall not who works so much overtime between the ter- interfere in any way with the carrying out of mination of his ordinary work on one day and such work. the commencement of his ordinary work on the next day that he has not at least 8 con- secutive hours off duty between those times shall, subject to this paragraph, be released WATER, SEWERAGE AND DRAINAGE after completion of such overtime until he has EMPLOYEES. had 8 consecutive hours off duty without loss (Government.) of pay for ordinary working time occurring Award No. 22 of 1967. during such absence. (c) If, on the instructions of his employer, such BEFORE THE WESTERN AUSTRALIAN a worker resumes or continues work without INDUSTRIAL COMMISSION. having had such 8 consecutive hours off duty, No. 48 of 1968. he shall be paid at double rates until he is Between the Government Water, Sewerage and released from duty for such period and he shall Drainage Employees' Industrial Union of then be entitled to be absent until he has had Workers, and others, Applicants, and Hon. 8 consecutive hours off duty without loss of Minister for Water Supply, Sewerage and pay for ordinary working time occurring dur- Drainage and the Metropolitan Water Supply, ing such absence. Sewerage and Drainage Board, Respondents. (d) The amount due under this subclause in respect of any day shall be reduced by any HAVING heard Mr. H. R. Barrett on behalf of the amount due under subclause (2) of this clause Government Water, Sewerage and Drainage Em- for time not worked (or counted as being ployees' Industrial Union of Workers. Mr, M. Jahn worked) within 8 hours prior to the worker's on behalf of the Australasian Society of Engineers' ordinary commencing time on that day. Industrial Union of Workers, Western Australian Branch, Mr. J. Mutton on behalf of Coastal Dis- (e) Notwithstanding the foregoing provi- tricts Committee, Amalgamated Engineering Union sions of this subclause paragraphs (a), (b), Asosciation of Workers and Mr. R. Fletcher on be- (c) and (d) shall not apply to workers referred half of the Electrical Trades Union of Workers of to in subclause (5) hereof who work less than Australia (Western Australian Branch), Perth, 6 of the hours of the day prior to the com- applicants, and Mr. G. A. Johnson on behalf of mencement of the ordinary work of that day. the respondents and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers con- AWARDS- tained in section 92 of the said Act, and all other Application for Amendment of- powers therein enabling me, do hereby order and declare— BIJILDING TRADES. That the Government Water, Sewerage and (Government.) Drainage Employees' Award No. 22 of 1967, be and the same is hereby amended in accord- Award No. 25 of 1958. ance with the following schedule and that such BEFORE THE WESTERN AUSTRALIAN amendment shall take effect as from the begin- INDUSTRIAL COMMISSION. ning of the first pay period commencing on or after the date hereof. No. 24 of 1968. Between Building Trades Association of Union of Dated at Perth this 6th day of March, 1968. Western Australia (Association of Workers), Applicant, and Minister for Works, and others. (Sgd.) J. R. FLANAGAN, Respondents. Commissioner. Before Mr Commissioner J. R. Flanagan. The 26th day of March, 1968. Schedule. Mr T. Butler and Mr L. Beech on behalf of the Clause 18.—Overtime: applicants. 1. Delete paragraph (c) of subclause (1). Mr W. Brown on behalf of the respondents. 2. Delete subclauses (5) and (8) and insert in lieu thereof:— Judgment. (5) A worker required to stand by shall be THE COMMISSIONER: This is an application by rostered on a system to be mutually agreed the Building Trades Association of Unions of West- for each depot, and shall be paid 2 hours at ern Australia to amend the Special Rates and Pro- ordinary rates for such stand-by on any day visions clause of the Building Trades (Government) from Monday to Friday and 3 hours for Satur- Award 1962. The applicant seeks to add to that day or Sunday or a public holiday, in addition clause a new provision in the following terms:— to any overtime to which he is entitled under A worker employed in and about an abattoir this award and shall also receive a day in lieu shall be paid an allowance calculated at the of any public holiday on which he is on stand- rate of two dollars and fifty cents per week. by. The allowance shall be paid during overtime 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 93

but shall not be subject to penalty additions. upon to work in unusually obnoxious conditions". A worker receiving this allowance is not en- The Board is considering a claim "on behalf of titled to any other allowance under this clause, plumbers and carpenters employed at the Midland except that provided for plumbers in sub-clause Junction Abattoirs" for an allowance "on account (4) (h). of obnoxious conditions of work" concluded "that The award was issued for a term of one year on there was no particular claim before it warranting the 9th November, 1962, and in the reference of a determination" and the application was accord- dispute a claim for a ten shilling per week abattoir ingly dismissed. (42 W.A.I.G. 882.) allowance was refused by the then Conciliation Reference was made in the foregoing decision to Commissioner who said:—• plumbers having received a disabilities allowance of seven shillings and sixpence per week but that such The claim for an extra allowance when allowance had been withdrawn upon the issue of working around abattoirs is refused. In the the award. However, it was pointed out that the main the workers so employed are permanent employer was prepared to resume payment of the employees and the extent of the disability allowance to plumbers with retrospective applica- around the abattoirs is only pronounced de- tion but would not entertain a proposition of pay- pending on the length of the employment. (42 ment of any allowance to carpenters. The employer W.A.I.G. 485.) has continued the payment of an allowance of 75 In the Metal Trades (General) Award, 1966, an cents per week to plumbers. abattoir allowance of the amount claimed herein In the light of the foregoing it is apparent that was granted and an allowance of the same amount the applicant has been motivated in this applica- was subsequently included in the Engineering tion in consequence of a special rate having been (Government) Award No. 29 of 1957 but qualified awarded to workers in metal trades awards. to the extent that where overalls are supplied by There is a burden, therefore, imposed on the the employer the weekly allowance is reduced by applicant, to clearly establish an affinity with metal 50 cents. trades workers by demonstrating that the incidence The applicant, in support of the claim, under- and degree of the disabilities encountered by build- took to establish that building trade workers ex- ing trade workers approximate to those experi- perience the same conditions as those encountered enced by metal trades workers. by metal tradesmen and to this end evidence was The claim for a consolidated allowance is made adduced from two carpenters, one employed at the on behalf of 49 building trade workers comprising Midland Junction abattoir and the other at the carpenters, plumbers, painters, plasterers and W.A. Meat Export Works Robbs Jetty. labourers who are employed at the two main An inspection of these abattoirs enabled the metropolitan abattoirs. It seems clear from a con- Commission to observe in particular the conditions sideration of the evidence and information prof- which were considered to be unusually obnoxious fered during inspections that, with the exception and which the applicant contended was justifica- of plumbers, whose experiences could be said to be tion for the allowance claimed. more closely comparable to those of mechanical fitters to the extent that maintenance and repair The application was opposed by the respondents requirements take them into a wider range in and on the ground that the applicant had not dis- about an abattoir than is the case with other charged the undertaking to establish that building building trades workers, the applicant has not trade workers and metal trades workers experience adequately discharged the onus and the claim is the obnoxious or extremely unpleasant conditions accordingly refused. to an equal degree and submitted that in any case, the history of the award and its current provisions, From impressions gained during inspections it is should cause the application to fail. equally clear that there would be occasions par- ticularly at Midland Abattoir when the conditions In granting the allowance in the Metal Trades experienced by some of the building trade workers (General) Award Mr Commissioner Kelly said— could conceivably justify the prescription of a I am satisfied that a composite allowance special rate for such workers whilst so engaged. is the most convenient and satisfactory method This however is a matter for determination by a of compensating these workers for the un- Board of Reference constituted under sub-clause pleasant features of their work and I am also (15) of Clause 13 of the Award. satisfied that most of that work is unpleasant Decision, accordingly. to a greater or lesser extent and that a good deal of it is highly obnoxious. In addition to the offensive features of their work, these workers quite frequently encounter work in hot, cold, wet and confined places which, AGREEAAENTS-INDUSTRIAL- though often not hot enough, cold enough, wet enough or confined enough to qualify inde- Registered— pendently for a special rate, combined with and accentuate those offensive features. (46 PRINTING. W.A.I.G. 731.) (Mental Health Services—Apprentices.) The principle of a consolidated average disability INDUSTRIAL AGREEMENT. rate enunciated therein has been endorsed and applied by consent with the payment of $1 per week No. 4 of 1968. to building trade workers employed at Robbs Jetty (Registered 22nd March, 1968.) since 1963. THIS agreement made in pursuance of the Indus- Following the issuance of the present award and trial Arbitration Act, 1912-66, this 22nd day of the rejection by the Conciliation Commissioner of March, 1968, between the Hon. the Minister for an abattoir allowance, a provision was invoked Health of the one part; and the Printing and which empowers a Board of Reference to deter- Kindred Industries Union, "Western Australian mine an extra rate for "workers who are called Branch, Industrial Union of Workers of the other 94 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

part, that for the consideration hereinafter agreed that the said Industrial Agreement be fur- appearing the parties hereto mutually covenant ther varied in the following manner, that is to and agree the one with the other as follows:— say:— That an apprentice may be employed by the Clause 7—Priorities: Delete this clause and insert Mental Health Services at the Industrial Rehabili- in lieu thereof:— tation Unit at Claremont, in the Printing Trades, 7.—Priorities. and that the said apprentice shall be bound by the The Harbour and Light Department shall deter- conditions and rates of pay prescribed by the mine the priority of working ships in each port. Printing (Government Printing Office) Award 3 Passenger vessels of the State Shipping Service of 1963 as amended. It is further agreed that this shall receive priority. agreement shall apply only in respect of that apprentice. In witness whereof the parties hereto have here- Male basic wage $33.50. under set their hands and seals the day and year Area. hereinbefore written. This agreement shall operate within the Metro- Signed for and on behalf of— politan area. Robert Laurie Pty. Ltd.—E. M. CONDRY, Term. Messrs. Nicholls Pty. Ltd.—S. BUSWELL, The term of this Agreement shall be three (3) The Fremantle Stevedoring Co. Pty. Ltd.— years from the date of issue. J. GARNSWORTHY, Smith Patrick Stevedoring (W.A.) Pty. Ltd.— N. PARKER, In witness whereof the parties hereto have hereunto set their hands and seals the day and in the presence of— year first hereinbefore written. W. J. BROWN. Signed for and on behalf of Harbour and Light Department—K. G. the said Honourable the FORSYTH, Minister for Health in the in the presence of— presence of— W. J. BROWN. I. HARMSWORTH, The Common Seal of the A. S. ELLIS, Australian Workers' Union Director Mental Health Services. Westralian Branch Industrial Union of Workers, Perth, was The Common Seal of the hereunto affixed in the Printing and Kindred In- presence of— dustries Union, Western F. V. MITCHELL, Australian Branch Indust- [L.S.l Secretary. rial Union of Workers was affixed hereunto in the H. BARRY, presence of— President. J. WILLIAMS. [L.S.] L. E. HEARLE, Secretary. COMPULSORY CONFERENCES- The Boilermakers' Society of Australia, Union of Workers, Coastal Districts, W.A. and Others, and the Utah Construction and Mining Coy. AGREEMENTS-INDUSTRIAL- Re Special Allowance on Construction Site Variation and Amendment of- at Mt Tom Price. No. 63 of 1968. STEVEDORING A COMPULSORY conference was held before the (Northern Ports) Chief Industrial Commissioner, Mr. B. M. INDUSTRIAL AGREEMENT O'Sullivan, on Monday, the 18th March, 1968, at No. 5 Of 1968. Mt. Tom Price at 9.30 a.m. Registered 28th March, 1968.) Present: Messrs. F. Bastow, C. Ward, E. Smith, B. THIS Industrial Agreement, made in pursuance of Archer, J. Marks, V. Starak, B. Eley, V. the Industrial Arbitration Act 1912-1966, this 25th Malpeli, R. E. Sales and F. Roels rep- day of March, 1968, between Robert Laurie Pty. Ltd., resenting the unions. Messrs. Nicholls Pty. Ltd., the Fremantle Stevedor- ing Pty. Ltd., and Smith Patrick Stevedoring (W.A.) Messrs. L. Girdlestone, D. Murie, R. Brock and Pty. Ltd., all of Fremantle (hereinafter called "the J. Kasvardi representing the employer. employer") and the Harbour and Light Department The conference was called at the request of the of the one part, and the Australian Workers Union, Boilermakers' Society of Australia concerning a Westralian Branch, Industrial Union of Workers, dispute existing between the Utah Construction Perth (hereinafter called "the union") of the other and Mining Coy. and all unions concerned in the part, witnesseth that the parties hereto mutually construction of a new plant at Mt. Tom Price. covenant and agree the one with the other as fol- The unions involved are the Building Trades group lows: Whereas the parties hereto being the parties and the Electrical Trades Union, the Amalgamated of an Industrial Agreement made on the 18th May, Engineering Union and the Boilermakers' Society 1967, and numbered 18 of 1967, have mutually of Australia. 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 95

An inspection of the work site was carried out on Sunday, the 17th March, 1968, and all persons BOARDS OF REFERENCE-SPECIAL-. attending the conference were in attendance at the inspection. Long Service Leave- The dispute concerned a claim by the unions Appeals against Decisions of— involved for a disability allowance of thirty cents per hour to compensate for the unusually dirty and PASTRYCOOKS. hazardous nature of the job of construction at Award No. 11 of 1963. the milling plant of the Hamersley Iron Coy. BEFORE THE WESTERN AUSTRALIAN During the inspection members of the various INDUSTRIAL COMMISSION. unions were seen in their work positions at the construction site and the conditions under which No. 28 of 1968. they were required to work were amply demon- Between Western Australian Pastrycooks and Con- strated during the inspection by the conference fectioners' Union of Workers, Perth, Appellant, members. and the Dutch Biscuit Manufacturing Pty Ltd, It was submitted at the conference that the Respondent. conditions under which the workers were required Before the Commission in Court Session. to work were abnormal. It was pointed out that Chief Industrial Commissioner B. M. O'Sullivan, the work of construction was being carried out Esq., and Mr. Commissioners E. R. Kelly and during the period of operation by the mining com- J. R. Flanagan. pany. The 22nd day of March, 1968. The conference was told that the company had Mr W. S. Latter for appellant union. endeavoured to eradicate the disability of dust on Mr L. Girdlestone for respondent. the job but such attempts had not been successful. The company has, by agreement, paid the workers Judgment. at this site an allowance of ten cents per hour to MR. COMMISSIONER O'SULLIVAN: This is an cover the disability of the dirty conditions but it appeal against a decision of a Special Board of is now claimed that the amount of ten cents is Reference made on the 31st. day of January, 1968. not sufficient to cover the conditions at present existing, it being submitted that the dirty condi- The Board rejected the claim made by Cornelius tions are increasing in intensity and it was further Hoeksema for pro rota long service leave and from submitted that the number of workers on the job that rejection this appeal is made on the following have increased since mid-January. grounds:— (1) The Board erred in finding that Hoeksema The company representatives suggested that the terminated his own employment. allowance of five dollars per week in the award was sufficient to cover the disability in ordinary (2) The Board erred in allowing the respond- circumstances but because of the condition of dirt ent to raise alternative defences and to be existing, the ten cents additional allowance was influenced by the said alternatives. paid. It was suggested that at the time of the (3) The Board erred in that it failed to ap- inspection the conditions were worse than ordin- preciate the significant misconduct by the arily found and that the company had continued employer and failed to regard the law that in attempts to eradicate the dust nuisance at this such misconduct may terminate the con- site. tract of service. The union representatives claimed that any pay- (4) The Board's decision was against the evid- ments in excess of the ten cents should be made ence and the weight of evidence. retrospective to the 1st day of January, 1968, that (5) The Board wrongly placed the onus of date being about one month subsequent to the proof on the applicant and not the re- agreement to pay the ten cents for the disability spondent. of the dust nuisance. The grounds of appeal may well be considered The Commissioner considered the submissions in three parts; the first concerning the evidence and reviewed the conditions of the site at the and the Board's finding of fact; the second the time of inspection. form of pleadings at the Board and the third the On the understanding that any allowance recom- conduct of the Board as to the requirement of onus mended may be withdrawn by a direction of a of proof. Commissioner in the event of a stoppage of work The evidence before the Board disclosed that by workers related to disabilities of the work place the appellant had been employed by the respond- or camp site without the prior application for a ent for more than ten years and was a person conference being made to the Commission, a whose claim fell within the provisions of subclause recommendation was made. (3) of clause 3 of the Long Service Leave provi- The recommendation concerns only workers in sions. the area of the site of the milling operations and The decision of the Board of Reference is to be work performed by employees of the Utah Con- found in 48 W.A.I.G. at p. 27. struction and Mining Company. Upon reading the majority decision of the Board, It was recommended that an allowance of it appears to me that it had concluded that the twenty-two cents per hour be paid and that it be appellant had established the fact that he had paid from and including the 14th day of January, been employed for the required number of years 1968. but found that he had not satisfied the further It was further recommended that the allowance requirements of subclause (3) of clause 3. be paid to all workers on the site from and includ- The Board made findings of fact upon the evid- ing the 10th day of March, 1968. ence and had the benefit of observing witnesses The conference concluded at 11.10 a.m. and upon my reading of the evidence and the (3)—42412 96 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968. reasons for judgment, I do not conclude that the alleged termination by the employer but did not findings were contrary to the evidence and should prove it as a fact and did not discharge the onus have been otherwise. I find no grounds upon which placed on him. The appellant cannot succeed on I should interfere with the findings of fact. the fifth ground of appeal and I believe that the The complaint by the appellant that the respond- appeal must be dismissed. ent was permitted to raise alternative defences to Mr COMMISSIONER KELLY: I agree. the claim cannot, in my opinion, succeed. For Mr COMMISSIONER FLANAGAN: I agree. my part I see no departure from ordinary conduct Order accordingly. of pleading when an alternative is pleaded in defence. The defence to the claim in this case was that the appellant had himself terminated his BEFORE THE WESTERN AUSTRALIAN services, or alternatively, the appellant's conduct INDUSTRIAL COMMISSION. was serious misconduct justifying a dismissal by the respondent. No. 28 of 1968. Between Western Australian Pastrycooks and In any event the Board did not make any find- Confectioners' Union of Workers, Perth, Ap- ing in the alternative situation and said as much pellant, and the Dutch Biscuit Manufacturing in its finding. Pty Ltd, Respondent. The third part of the grounds of appeal concerns HAVING heard Mr W. S. Latter on behalf of the the onus of proof and in this part the appeal appellant union and Mr L. Girdlestone on behalf could well have some merit. of the respondent, upon an appeal by the said It is not always an easy matter to determine appellant union from a decision of a Special Board when the onus of proof moves but it does appear of Reference constituted under the Long Service that in applications before Boards of Reference Leave provisions incorporated in the Pastrycooks' concerning long service leave, the matter of onus Award No. 11 of 1962, as amended, given on the is well defined. 31st day of January, 1968, in the matter of a claim by Cornelius Hoeksema from pro rata long service Subclause (3) reads— leave, the Commission in Court Session doth (3) Subject to the provisions of paragraph hereby order— (6) of this subclause, where a worker has That the said appeal be dismissed. completed at least ten years' service but less than fifteen years' service since its commence- Dated at Perth this 22nd day of March, 1968. ment and his employment is terminated— By the Commission in Court Session, (i) by his death; or (Sgd) B. M. O'SULLIVAN, (ii) by the employer for any reason other [L.S.l Commisisoner. than serious misconduct; or (iii) by the worker on account of sickness of or injury to the worker or domestic or other pressing necessity where such DISPUTES- sickness or injury or necessity is of such a nature as to justify or in the AAatters dealt with under event of a dispute is, in the opinion Section 137- of the Special Board of Reference, of such a nature as to justify such BEFORE THE WESTERN AUSTRALIAN termination; INDUSTRIAL COMMISSION. the amount of the leave shall be such pro- No. 71 of 1968.' portion of thirteen weeks' leave as the num- Between Forwood Down (W.A.) Pty Ltd, Applicant, ber of completed years of such service bears and the Boilermakers' Society of Australia, to fifteen years. Union of Workers, Coastal Districts, W.A., and I believe that the applicant must establish the the workers designated in the annexure here- term of years appropriate and then the fact that with, Respondents. his employment was terminated by the employer or by himself because of sickness or one of the Order. other reasons of paragraph (iii). THIS matter by leave of the Commission on the Once the applicant has established the years of ground that it was of an urgent nature having service and the fact of termination by the em- been heard by the Commission in Court Session ployer, then he has discharged his onus and the ex parte in Chambers and the Commission in Court respondent must establish misconduct or any other Session, having heard Mr S. J. Carter on behalf defence. of the applicant and having read the Statutory Declarations of Stanley James Carter and Richard In this present case the applicant established Laurie Seale made on the 25th day of March, 1968, the term of years but upon his claiming termina- and being of the opinion that a contravention of tion of his employment by the employer a dispute the Industrial Arbitration Act, 1912-1966, has arose. It is for the applicant to establish the occurred and is continuing, hereby makes the fol- termination and in the reasons given by the lowing order to wit— majority of the Board I find that his claim of (1) The respondent Union and the respondent termination by the employer was not accepted workers employed by Forwood Down and therefore the onus did not move to the (W.A.) Pty Ltd, be enjoined from refusing, respondent. limiting or banning work during ordinary The rule might well be stated as being "he who or overtime hours of duty as provided for alleges must prove" and it is my opinion that in The Metal Trades (General) Award No. this applicant has failed to satisfy the rule. He 13 of 1965 as amended or from committing 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

or continuing a cessation or limitation of Keith Busfield, 7 Sambeth Place, Como. work as prescribed by the provisions of the Edwin Clegg Lyons, 170 Corinthian Road, Riverton. Industrial Arbitration Act, 1912-1966. Antoni Bladowski, 165 Lake Street, Perth. (2) That forthwith the respondent union and Jan Hendrik Wubbels, 1 Cadden Street, Millen. each of its officers by the enforcement of Reginald Edward Rolls, 45 Hopkinson Way, the Union rules and by such other means Wilson. as are available do and continue to do all Savo Stojsavljevic, 10 Selby Street, Thornlie. things in their power to ensure that the George Burnett, 36 Chapman Road, Bentley. workers whose names appear on the James McLaughlin, 23 Raleigh Street, Belmont. schedule annexed hereto comply with the Kenneth Stone, 24 Tudor Avenue, Riverton. requirement contained in paragraph (1) Arne Anda, 20 Oakland Street, Cloverdale. of this order. Berend Leutscher, 47 Donaldson Street, Queens Park. Dated at Perth this 28th day of March, 1968. Robert Jean, 136 Arlunya Avenue, Cloverdale. By the Commission in Court Session, Leonardus Van Veldhoven, 3 McMillen Street, CL.S.l Victoria Park. (Sgd) E. M. O'SULLIVAN, David George Currie, 294 Epsom Avenue, Clover- Commissioner. dale. Mark William Van Dongen, 126 Wharf Street, Cannington. TAKE notice that non-compliance with this Order Malcolm Jones, 16 Panton Crescent, Karrinyup. will render any person in default liable for punish- Horst Wycisk, 61 Terence Street, Gosnells. ment for an offence under the Industrial Arbitra- Anton Theodore Byleveld, 218 Berwick Street, tion Act, 1912-1966. AND take further notice that Victoria Park. any party or person affected by this Order may Larry Christon, 357 Stratheran Road, Forrestfield. move the Commission in Court Session on twenty- L. E. Prout, 44 Alday Street, Bentley. four horns' notice to the applicant to vary, suspend Sydney Lesley Denness, 76 Claydon Street, New- or cancel the Order and take further notice that burn. it is hereby directed that a copy of this Order Norman Wilkie, 7/152 Calais Road, Wembley together with a copy of the application and the Downs. Statutory Declarations in support thereof be served John Graham Sheldon, 22 Scott Street, South by the applicant on the abovenamed respondents. Fremantle. Robert Harley Taylor-Rennie, 17 Hitchcock Street, St. James. William John Woods, Lot 364 Northumberland Name"; Address. Road, Forrestfield. Michael Palumbo, 60 Hampshire Street, Victoria Wilfred Holmes, 126 Mars Street, Carlisle. Park. Alexander Stewart, 382 Hardy Road, Cloverdale. Janne Koops, 148 Surrey Road, Rivervale. Otto Riechers, Dixon Street, Kewdale. L. G. Bristow, Lot 4, Connell Avenue, Gosnells. Willem Slooter, 110 Shepperton Road, Victoria Eric William Brittain, 9 Kalgoorlie Street, Belmont. Park. Edwin Ahkim, 42 Westminster Street, East Victoria Daniel Kearney, 35 Sussex Street, Victoria Park. Park. Keith Vestey, 21 Hyde Street, Mosman Park. Darryl Ogg, Plat 4, cnr. Onslow and Railway Par- Patrick Edward Doran, 145 Hamilton Street, ade, Shenton Park. Queens Park. Philip Ibbotson, 364 Kew Street, Cloverdale. Mario Raffaele Ambrosino, 12 Spring Avenue, Prank Clift, 41 Westfield Street, Maddington. Middle Swan. Robert D'Sylva, 35 McGregor Street, Embleton. Guiseppe De Domenico, 28 Lichfield Street, Ernest Sharp, 25 Clinton Avenue, Millen. Victoria Park. Vasil Chilko, 21 Bickley Road, Cannington. Salvatore Romeo, 8 Noel Road, Gooseberry Hill. Kenneth Bawden, 44 Keane Street, Kewdale. Gunther Polchen, 2 Eric Street, Cottesloe. Romildo diLena, 116 Oats Street, Carlisle. Volker Renke, 2 Eric Street, Cottesloe. Gerhard Van Ingen, 28 Selby Street, Thornlie. George Arthur Dollas, 64 Gerard Street, Canning- Albert Mereweather, 6 Beverley Terrace, Clover- ton. dale. James Duncan, 96 Clayton Road, Bellevue. George McKinlay, Lot 328, Northumberland Street, Thomas T. Lawson, 26, 2nd Avenue, South Perth. Forrestfield. Duncan Urquhart, Kelvin Road, Maddington. William John Clark, Stafford Road, Kenwick. Michael Chamberlain, 30 Orpington Street, Clover- James Edward Bull, 115 Raleigh Street, Carlisle. dale. Gerard McKay, 9 Onslow Flats, Albany Highway, Robert Charles Buller, 2494 Albany Highway, Bentley. Gosnells. Raymond James Stewart, 417 Guildford Road, Ernst Bolliger, Flat 13, 132 Terrace Drive, Perth. Bayswater. Arthur Raymond Evans, 13 Mazzini Street, East David Ross Shaw, 4 Upton Street, Millen Estate. Victoria Park. James Charles Davies, 384 Hardy Road, Cloverdale. David John Le Couteur, c/o Miss Gray, Southern John French, 1 Lichfield Street, Victoria Park. River Road, Gosnells. Vincent Wilkinson, 40 Pitzroy Street, Queens Park. Hans Kammann, 82 Beatty Avenue, East Victoria Robert Stirling, 17 Peacock Street, Cloverdale. Park. Dennis Liddington, Flat 5, Block 5, Burtway, Perth. Demal Gordic, 19 Celebration Street, East Can- Charlie Bartolone, Reservoir Road, Maddington. nington. Edward Albert Pegler, 42 Grand Parade, Redcliffe, Sydney Keating, Flat 2, 36 Bedford Street, Bentley. Norman John Milligan, 23 Ross Street, Kewdale. Edward Hocek, 151 Knutsford Avenue, Rivervale. Vivian John Grundy, 20 Northampton Street, Vic- Josef Wind, 56 South Western Highway, Armadale. toria Park. Norman Dempster Cook, 35 Coolgardie Street, Peter David Bradley, Plat 2, Dakara Flats, Chap- Bentley. man Road, Bentley. Antonio Di Marchi, 18 Warwick Street, Bentley. 98 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE [17 April, 1968.

The Association now seeks its removal and in PUBLIC SERVICE ARBITRATION- addition claims a reduction, to "five working days", of the existing qualifying period. The Commis- AWARDS—Delivered— sioner's answer is in terms of retention of both provisions as they stand under the current Agree- PUBLIC SERVICE ALLOWANCES ment. (HIGHER DUTIES) The Association pleads that what might be con- veniently called the annual leave barrier is not only Western Australia. irrational and unjust but tends to lower morale and PUBLIC SERVICE ARBITRATION ACT, 1966. hence conduce to inefficiency. Mr Currie concedes that certain comparable awards covering salaried Proceedings before the Public Service Arbitrator. officers embody similar provisions but the fact that No. 4 of 1967. their conditions of employment tend to follow the IN the matter of Government Officers who are public service pattern indicates the futility of look- public service officers or temporary employees ing in this direction for a lead. The Award cover- under and within the meaning of the Public ing the Railway Officers' Union however is cited Service Act, 1904-1966, and the Public Service as a significant exception. Comrhissioner, and in the matter of a claim It is contended that assumption of the full duties concerning higher duties allowances to be paid and responsibilities of the higher office by the to Government Officers in addition to salary officer called upon to act therein should be acknow- and the circumstances 'in which such higher ledged as the proper basis for determining eligi- duties allowances shall be payable, made by bility for the allowance. It is readily admitted that The Civil Service Association of Western Aus- on the one hand there are offices entailing certain tralia Incorporated. elements of responsibility which the less senior officer might not be expected to prove competent Decision. to undertake, and that on the other the officer who In respect of Clause 4 subclause (a) of the above inherits an empty basket and through lack of in- claim. dustry during his temporary occupancy of the higher office bequeaths a full one should not be en- The questions arising for consideration at the couraged to benefit from his lassitude. In neither present stage of this proceeding are firstly, for case should the officer concerned be heard to claim what length of time should an officer be required that he has qualified. to act in an office classified higher than his own, in For the Commissioner Mr Rutherford's sub- order to qualify for higher duties allowance? And mission is that the existing provisions appear secondly, should the fact that the officer is required reasonable and that, while pros and cons are to be to act in such office merely for the purpose of per- found amongst industrial awards, comparable pro- mitting clearance of normal annual leave preclude visions appear in a number of these covering Local payment to him of such allowance? Government Officers. The value of such compari- These questions are interwoven and arise from a sons appears however to be seriously called in claim by the Association seeking alleviation of a question by reason of the criticism levelled by Mr rule which is deeply ingrained in the public ser- Currie. vice system. Further justification for the annual leave barrier The Public Service Act of 1900 expressly pre- is offered on the grounds that an officer about to cluded any payment above his normal salary to an depart on annual leave, having made due prepara- officer required to step into the breach occasioned tion, is }n a position to hand over to his relief with- by the absence of a fellow officer. A concession out an embarrassing accumulation in the pending which may have seemed generous enough at the tray such as might well be expected to confront an time was granted by Regulation made under the officer called upon in a sudden emergency to 1904 enactment authorising such additional re- assume the more responsible post. While it must be muneration as the Governor might think fit for conceded this factor does make a not inconsiderable any period in excess of six months for which an contribution to the case for retention of the annual officer was called upon to relieve. leave barrier it is not difficult to visualise circum- Further liberalisation followed over the ensuing stances which could well lessen its impact. years resulting in progressive diminution of the In the search for a solution of such problems as qualifying period until in 1955, by Agreement made the present, one is called upon to evaluate com- under Part X of the Industrial Arbitration Act, it parisons and in doing so of course to draw con- was finally reduced to the existing requirement of clusions from contrasting situations. It is of some two weeks. moment therefore to dwell upon that afforded by It is apparent therefore that the formidable sub- payment of an allowance to an officer required to stance of the early 1900's has fallen away to the act in a senior position during the appointee's mere shadow of the 1960's but it is a shadow which absence on two weeks sick leave, of the need for continues nevertheless to dim the prospect of which he may well have been forewarned, and its temporary enrichment which such officers as are denial to another officer called upon to take a called upon to relieve their seniors during normal senior chair—no matter how well he may have annual leave might otherwise entertain, because demonstrated his competency to perform the full it is decreed that in such event higher duties allow- duties and assume full responsibility expected of ance shall not be paid. him—for the three weeks of the normal occupant's So long as the qualifying period continued to annual leave. exceed the duration of annual leave this exclusion Doubtless many other instances involving some of course applied automatically, but the reduction such temporary re-allocation of duties from which of the former and the subsequent extension of the the elements of suddenness and hence unprepared- latter have combined to necessitate introduction ness are missing could be found to counter-balance into the Agreement of a term expressly designed to further the weight sought to be attached to this ensure the survival of this disqualification. submission. 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 99

It seems to me the strongest point in the case for the profound changes which the State has under- the Respondent is presented in the form of com- gone since the days when this barrier was first parisons with similar provisions incorporated in erected for what doubtless then seemed most ex- Commonwealth and Eastern States legislation and cellent reasons, viewed in more up-to-date perspec- in the final assessment a critical survey of the tive its retention as an impediment to higher duties effectiveness of this point as a determining factor allowance smacks somewhat of an anachronism and is essential. upon the substantial merits of this case can no As Mr Rutherford concedes no standard pattern longer be justified. emerges but there is sufficient material to establish I accept the proposition that assuming the re- that in the overall scheme of things, regarded from quirement as to the qualifying period has been this stand point, this State appears to occupy a fulfilled the acid test for determining eligibility for relatively satisfactory position. higher duties allowance—irrespective of the cir- Apart from the Commonwealth where a salary cumstance necessitating the temporary occupancy barrier at a comparatively high figure imposes some of the higher office—is whether, in fact, the officer restriction in the way of an otherwise virtually concerned does perform the full duties and accept unencumbered entitlement to higher duties allow- the full responsibility of that office. ance, New South Wales adopts a policy bearing Reverting to the questions posed at the com- some trace of similarity in that the salary line is mencement of this decision but dealing with them drawn at the somewhat modest figure of $4,833 in reverse order I conclude that the answer to the beyond which not only does the qualifying period second question is in the negative so that the extend from five consecutive working days to a counter-proposal embodied in the Commissioner's term in excess of four weeks (continuous or answer to this Claim on this particular point should broken) but unless the qualifying period has be rejected. already been served, the annual leave barrier be- Referring finally to the first question, I do not comes operative, subject only to special dispensa- propose to interfere with the existing qualifying tion by the Public Service Board. period of two weeks. On interstate comparisons this In Victoria, South Australia and Tasmania, the appears a most reasonable requirement and looking barrier still operates by virtue of the duration of at this matter in isolation does nothing to change the qualifying period which, until proclamation of that view. Having regard to the added importance the recently re-enacted Public Service Act of South which a proper assessment of the acting officer's Australia brings into local effect a reduction to competence will hereafter assume I feel the exist- "more than one week", varies in these States only ing testing time should certainly not be reduced. a matter of a few days between the two extremes Alternatively to increase it would be to suggest its of "more than four weeks", and "longer than one inadequacy although it might be said to have long month". since withstood the test of time. I propose therefore The situation in South Australia assumes special to leave well alone and the answer to this question significance in view of the enactment of the pro- is, as contended in the counter-proposal, two vision expressly designed to preserve the annual weeks. This item of the Claim is accordingly re- leave barrier, a matter which one supposes would fused. have been viewed by the Legislature in the light of Dated this 21st day of December, 1967. prevailing interstate comparisons and other rele- vant factors. (Sgd) H. G. SMITH, One is impelled, nevertheless, to consider this in [L.S.l Public Service Arbitrator. relation to the situation in Queensland where in 1963 the Industrial Commission saw fit to reduce the qualifying period from four to three weeks thus Western Australia. abolishing a distinction operating to the detriment PUBLIC SERVICE ARBITRATION ACT, 1966. of officers relieving in the three weeks annual leave zone as compared with their more fortunate breth- Proceedings Before the Public Service Arbitrator. ren privileged to relieve in a four weeks zone. This No. 4 of 1967. decision thus had the immediate effect of sounding IN the matter of Government Officers who are the death-knell of the annual leave barrier, or public service officers or temporary employees what then remained of it, in that State. under and within the meaning of the Public Service Act, 1904-1967, and the Public Service Prom this comparison emerges a situation which Commissioner, and in the matter of a claim made could by no means be described as clearly defined by The Civil Service Association of Western Aus- but it would be difficult to deny that the weight tralia Incorporated concerning higher duties allow- of authority comes down fairly heavily on the side ance to be paid to Government Officers in addi- of retention of the annual leave barrier. tion to salary and the circumstances in which such Despite this the factors dictating the need for higher duties allowance shall be payable. its preservation in the States concerned are mat- ters upon which, on the evidence before me, I can Decision. do little more than speculate. I am inclined to sus- THIS claim came before me originally on the 21st pect the explanation is to be found in something day of November, 1967 for determination of cer- rather more substantial than the preservation of tain fundamental issues arising from the answer uniformity merely for its own sake and that quite lodged by the Public Service Commissioner seek- probably the real reason is not unrelated to ing inclusion of provisions similar to those of economic considerations. Clause 16 of the Public Service Allowances Agree- No such reason has been offered however in the ment, 1961, firstly, prescribing the qualifying period present case and in the absence of more positive of two weeks as a prerequisite to payment of factors in favour of such interstate unanimity as higher duties allowance and secondly, excluding now exists, I am persuaded to accept the Claimant's payment of such allowance where performance of invitation to look at this case in isolation and in the higher duties involved is required merely to doing so, I come to the conclusion that in view of enable clearance of normal annual leave. 100 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

The decision on these points having been de- (b) Where the full duties of a higher office are livered on the 21st day of December, 1967, the temporarily performed by two or more officers they parties have subsequently reached agreement on shall each be paid an allowance as determined by the remaining items of the Claim. It therefore re- tlie Commissioner: Provided that a dispute or dis- mains for me to hand down the Award embodying agreement as to the amount of any such allow- that agreement in the form in which it appears ance shall be deemed to be a dispute or disagree- hereunder. ment within the meaning of section 11 (1) (f) of Dated this eleventh day of March, 1968. the Public Service Arbitration Act, 1966. CL.S.] (Sgd.) H. G. SMITH, (c) Where a Relieving Officer classified above Public Service Arbitrator. the automatic range acts in an office classified one class higher than his own for a continuous period exceeding four weeks, he shall be paid higher duties allowance as prescribed in subclause (a) for Western Australia. all that part of such period in excess of four weeks. PUBLIC SERVICE ARBITRATION ACT, 1966. (d) Where a Relieving Officer classified above Proceedings Before the Public Service Arbitrator. the automatic range acts in an office classified two or more classes higher than his own, he shall be No. 4 of 1967. paid higher duties allowances as prescribed in sub- IN the matter of Government Officers who are pub- clause (a). lic service officers or temporary employees under and within the meaning of the Public Service Act, (e) Where an incremental range of salaries is 1904-1967, and the Public Service Commissioner, allocated to an office, an officer acting in that office and in the matter of a claim made by The Civil shall in due time be entitled to receive an increase Service Association of Western Australia Incor- in higher duties allowance equivalent to the annual porated concerning higher duties allowance to be increment he would have received had he been paid to Government Officers in addition to salary permanently appointed to such higher office. and the circumstances in which such higher duties (f) Where an officer who has been paid an in- allowance shall be payable. creased higher duties allowance in accordance with Having heard and considered the above claim the preceding subclause is further required to act and having determined the same in accordance in the same office within a period of twelve months with Section 15 (4) of the Public Service Arbitra- from the date he last acted therein, he shall be tion Act, the Public Service Arbitrator, pursuant paid an allowance at the rate received when last to Section 24 of the said Act, hereby makes the acting in that office. following Award:— (g) Where an officer who has qualified for pay- PUBLIC SERVICE ALLOWANCES (HIGHER ment of higher duties allowance under this clause is required to act in another office or other offices DUTIES) AWARD, 1968, Award No. 5. classified higher than his own for periods of less 1.—Title. than two weeks duration and without any break This award shall be known as the Public Service occurring in acting service, he shall be paid higher Allowances (Higher Duties) Award, 1968, Award duties allowance in respect of such further period No. 5. or periods of so acting: Provided that payment shall be made at the highest rate the officer has 2.—Scope. been paid during his term of continuous acting or This award shall apply to all officers and tem- at the rate applicable to the office in which he is porary employees employed under the provisions currently acting—-whichever is the less. of the Public Service Act, 1904-1967, whose offices (h) Where an officer who is directed to act in an are not included in the Special Division of the office classified one class higher than his own has Public Service. during the preceding eighteeen months completed an aggregate of twelve months acting service with 3.—Arrangement. allowances as prescribed by this clause in offices of (1). Title. the same classification as or higher classification (2). Scope. than the office in which he is so directed to act, the allowance payable shall be increased by the incre- (3). Arrangement. ment that would be paid to a permanent appointee (4). Higher Duties Allowance. of that office in his second year of service therein. (5). Copies of Award. (i) Where an officer who has been in receipt of (6). Term of Award. an allowance granted under this clause for a con- tinuous period of twelve months or more proceeds 4.—Higher Duties Allowance. on— (a) An officer other than one classified as a Re- (ii) a period of any other approved leave of lieving Officer above the automatic range, who is directed by the permanent head or duly authorised Hi) a period of any other approved leave of senior officer to act in an office which is classified absence of not more than three weeks higher than his own and who performs the full duration— duties and accepts the full responsibility of the he shall continue to receive such allowance if he higher office for a continuous period of two weeks resumes after such leave in the office in respect of or more, shall, subject to the provisions of the which he was paid such allowance: Provided that award, be paid an allowance equal to the difference this subclause shall apply to an officer who has between his own salary and the salary he would been in receipt of an allowance for a period of receive if he were permanently appointed to the less than twelve months if, during his absence, no office in which he is so directed to act. other officer acts in the higher office. 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 101

(j) Where an officer who is in receipt of an 13. Term of Agreement. allowance granted under this clause proceeds on— Schedule A—Male Officers—Salary Classes (i) a period of annual leave in excess of the and Grades. normal, or Schedule B—Female Officers—Salary Classes (ii) a period of any other approved leave of and Grades. absence of more than three weeks dura- Schedule C—Qualifications Allowance. tion— he shall not be entitled to x-eceive payment of such 3.—Scope. allowance for the whole or any part of the period This agreement shall apply to all Officers em- of such leave. ployed in an Administrative or Clerical capacity by (k) No officer under the age of 21 years shall be the Council. permitted to relieve or act in an office classified higher than his own without the prior approval of 4.—Adjustment of Salary Rates. the Commissioner. The various salary rates expressed herein shall be automatically varied to conform to any varia- 5.—Copies of Award. tions which are made from time to time in the Every officer shall be entitled to have access to a equivalent salary rates applying to officers covered copy of this award. Sufficient copies shall be avail- by the Public Service (Administrative and Clerical able in each Department for this purpose. Officers Salaries Agreement, No. 6 of 1967. Any such variations shall apply from the date that the 6.—Term of Award. variations have been effected in respect to officers This award shall operate as from and including covered by that agreement. the eleventh day of March, 1968 and shall remain in force for a period of three years from that date, 5.—Male Officers—Salary Classes and Grades. provided that either of the parties may after the (a) Except where otherwise provided in this tenth day of March, 1969, make application in agreement, the classes and grades applicable to accordance with the provisions of the Public Ser- male officers in Administrative and Clerical posi- vice Arbitration Act, 1966, for variation of this tions shall be as indicated in Schedule A. award. (b) In allocating salaries or salary ranges, in Dated at Perth this eleventh day of March, 1968. accordance with Section 12 of the Public Service (Sgd) H. G. SMITH, Arbitration Act, 1966, the Council may amalgamate tL.S.l Public Service Arbitrator. any two classes. 6.—Male Officers—Automatic Range. (a) The rates of pay for male clerical automatic Agreements Filed— range officers shall be as follows:— Per ADMINISTRATIVE AND CLERICAL SALARIES. Annum. (Western Australian Institute of Technology.) Age or Year of Adult Service— $ ADMINISTRATIVE AND CLERICAL SALARIES 16 years of age 1,263 AGREEMENT, 1968. 17 years of age 1,482 Western Australian Institute of Technology. 18 years of age 1,752 19 years of age 2,065 No. 2 of 1968. 20 years of age 2,292 THIS agreement, made pursuant to the provisions 21 years of age or first year of aduit of the Public Service Arbitration Act, 1966, of service 2,452 Western Australia this 20th day of March, 1968, 22 years of age or second year of adult between the Civil Service Association of Western service 2,560 Australia Incorporated (hereinafter referred to as 23 years of age or third year of adult the Association) of the one part and the Interim service 2,670 Council of the Western Australian Institute of 24 years of age or fourth year of adult Technology (hereinafter referred to as the Coun- srvice 2,800 cil) of the other part, witnesseth that the parties 25 years of age or fifth year of adult hereto mutually covenant and agree the one with service 2,930 the other as follows:— 26 years of age or sixth year of adult service 3,060 1.—Title. 27 years of age or seventh year of adult This agreement shall be known as the Admini- service 3,200 strative and Clerical Salaries Agreement, 1968 (b) Classes and grades beyond a salary of $3,200 (Western Australian Institute of Technology). per annum shall be those set out in Schedule A to this agreement, provided that an officer shall 2.—Arrangement. not be eligible for promotion to a position above 1. Title. the automatic range or to claim or receive a salary 2. Arrangement. higher than a salary of $3,200 per annum, until he 3. Scope. 4. Adjustment of Salary Rates. has passed a promotional examination as deter- 5. Male Officers—Salary Classes and Grades. mined by the Council from time to time, has 6. Male Officers—Automatic Range. acquired equal or higher qualifications as approved 7. Female Officers—Salary Classes and Grades. by the Council or has been exempted from the 8. Female Officers—^Automatic Range. requirements of this subclause by the Council. 9. Qualification Allowance. (c) An officer who is over the age of 21 years 10. Annual increments. on appointment to the automatic range may be 11. Temporary Employees. appointed at a minimum rate of pay based on years 12. Copies of Agreement. of service and not on age. 102 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

(d) A male clerical automatic range officer who thereafter, any allowance still received by is a married man or is the support of those related the officer shall be reduced and converted to him, on the approval of the Council, shall be to salary as and when the officer becomes paid an allowance equivalent to the difference be- eligible for annual grade increments; and tween his rate of pay and the next higher grade in the increment scale of the automatic range, with (c) an allowance paid under this subclause a maximum salary, inclusive of such allowance of shall cease, should the officer refuse to $3,200 per annum. accept promotion. (e) A male clerk appointed to the automatic (j) A male clerk classified in a Class 1 position range who, at the date of such appointment, has shall be paid an allowance of $140 per annum after successfully completed— completion of twelve months' service on the maxi- (i) English and three other subjects including mum salary of such Class 1 position, which allow- either Mathematics A, Mathematics B, ance shall increase to $280 per annum after com- General Mathematics, Economics or Ac- pletion of a further twelve months' service. countancy at the Leaving Certificate Ex- Provided that— amination of the University of Western (a) in each case, the Director certifies as to Australia; or the good conduct, efficiency and ability of (ii) such examinations as may be accepted by the officer to perform higher duties; the Council as being of a standard equiva- lent to or higher than that attained in (b) on the promotion of an officer to a higher acquiring the requirements contained in position, any allowance received by him paragraph (i) of this subclause; under this subclause shall be reduced by the amount which is required to bring his shall be paid an allowance of $60 per annum on salary up to the minimum salary of the and from the date of his appointment to the auto- position to which he is promoted, and matic range. thereafter, any allowance still received by (f) A male clerk appointed to the automatic the officer shall be reduced and converted range who, subsequent to the date of such appoint- to salary as and when the officer becomes ment, successfully completes one of the examina- eligible for annual grade increments; tion requirements, contained in paragraphs (i) and (ii) of subclause (e), shall be paid an allowance (c) an allowance paid under this subclause of $60 per annum on and from the first day of the shall cease, should the officer refuse to month following the date on which the final ex- accept promotion; amination paper was held. (d) an officer shall not be eligible to receive (g) Payment of an allowance prescribed by sub- an allowance under this subclause unless clause (e) or subclause (f), shall be in addition to he has completed not less than nine years' any allowance received by the officer in accordance service in a clerical capacity as an adult with the provisions of subclause (d). permanent officer. (h) Payment of an allowance prescribed by sub- clause (e) or subclause (f), shall cease on the date 7.—Female Officers—Salary Classes and Trades. when— (a) Except where otherwise provided in this (i) the officer becomes eligible to receive a Agreement the classes and grades applicable to Qualifications Allowance in accordance female officers in clerical positions shall be as with Clause 9 of this Agreement; or indicated in Schedule B. (ii) the officer becomes eligible to receive an (b) In allocating salaries or salary ranges in allowance in accordance with subclause (i) accordance with Section 12 of the Public Service of this clause. Arbitration Act 1966, the Council may amalgamate (i) A male clerical automatic range officer who any two classes. has passed the examination referred to in subclause (c) A female Clerical officer who has obtained (e), (i) or (e) (ii), and who has been retained promotion to either Class 1, 2, 3 or 4 as set out in on the maximum salary of the automatic range Schedule B to this Agreement and who has com- for at least one year, shall be paid an allowance pleted not less than twenty (20) years of con- of $140 per annum which shall be increased to tinuous permanent service, shall be paid an allow- $280 per annum on completion of a further year's ance of $60 per annum, provided the Director service on the automatic range. Thereafter the certifies as to the good conduct, diligence and allowance shall be increased— efficiency of the officer and provided further that (i) to $420 per annum when the officer has an allowance under this subclause shall not apply been in receipt of the allowance of $280 to an officer paid in accordance with the provi- per annum for a period of twelve months; sions of subclause (d) hereof. and (d) An adult female officer who is paid in (ii) to $560 per annum on the completion of a accordance with the rates prescribed in Schedule further twelve months' service. B and who, on or after the 1st January, 1968, is performing work of the same or a like nature and Provided that— of equal value to a male officer shall, subject to (a) an allowance under this subclause shall the principles and conditions laid down by Minis- not be granted unless the Director certifies terial Circular (L238/67) dated 28th November, as to good conduct, efficiency and ability 1967, receive payment on the basis set out in such of the officer to perform higher duties; Circular. Provided that as from the date of this (b) on the promotion of an officer to a higher Agreement a female officer shall not be appointed position, any allowance received by him to any position the duties of which are the same under this subclause shall be reduced by or a like nature and of equal value to those per- the amount which is required to bring his formed by a male officer, unless she has passed salary up to the minimum salary of the the promotional examinations prescribed for male position to which he is promoted, and officers from time to time. 103

8.—Female Officers—Automatic Range. certifies that the officer is eligible and (a) The rates of pay for female Clerical officers would be recommended for promotion on who occupy positions in the automatic range shall the grounds of efficiency and good con- be as follows:— duct; such allowance to cease on promotion Per to a higher position or should the officer Annum refuse to accept promotion; and Age or Year of Adult Service— $ (ii) an allowance of $60 per annum on com- 15 years of age 1,071 pletion of not less than 20 years of con- 16 years of age 1,159 tinuous permanent service, provided the 17 years of age 1,303 Director certifies as to the good conduct, 18 years of age 1,483 diligence and efficiency of the officer. 19 years of age 1,645 20 years of age ... 1,801 9.—Qualifications Allowance. 21 years of age or first year of adult (a) Diplomates: A male adult clerk who holds— service 2,030 the diploma in Commerce of the University of 22 years of age or second year of adult Western Australia; or service .... 2,130 23 years of age or third year of adult the diplomas in Public Administration, Ac- service 2,200 countancy, Business Studies or Manage- 24 years of age or fourth year of adult ment Studies of the Technical Education service 2,270 Division of the Education Department; 25 years of age or fifth year of adult or passes the final examinations in all subjects service 2,350 in the syllabus of— (b) Classes and grades beyond a salary of $2,350 an Institute of Accountants, Secretaries or per annum shall be those set out in Schedule B. Cost Accountants approved by the Coun- cil; or (c) An officer who is over the age of 21 years on The Commonwealth Institute of "Valuers; or appointment may be appointed at a minimum rate of pay based on years of service and not on age. The Australian Insurance Institute; or passes— (d) An automatic range officer shall be paid an in five (5) units (including English I) allowance of $60 per annum. of a degree course in Arts, Science, Provided that— Economics or Law at the University of (i) in the case of a typist or clerk-typist she Western Australia; or passes an efficiency examination approved the examination in Law prescribed under by the Council in shorthand writing at a section 25 of the Public Service Act, speed of 100 words per minute and type- 1904-1966; writing at 50 words per minute; or passes— (ii) in the case of a machinist she passes an in the first four years of the part-time examination approved by the Council in syllabus of the Associateship in Account- typwriting at a speed of 35 words per ing or the Associateship in Administra- minute and in the operation of account- tion of the Western Australian Institute ing and listing machines; and of Technology ; (iii) such allowance shall cease on the pro- or holds or passes—a motion of the officer to a higher position qualification or examination which, in or should the officer refuse to accept the opinion of the Council is equivalent promotion. to any of the aforesaid; (e) An automatic range officer who has passed and who in receipt of a salary which either of the examinations referred to in subclause is expressed in column (a) of Schedule (d) and has completed at least two years' con- C to this Agreement, shall be paid tinuous service on a salary of $2,350 per annum qualifications allowance at the rate ex- exclusive of allowance, shall be paid an allowance pressed in column (b) of that Schedule of $130 per annum, inclusive of the allowance immediately adjacent to the officer's under subclause (d). Thereafter the allowance salary. shall be increased to— (b) Graduates and Associates: A male adult (i) £200 per annum when the officer has been clerk who holds— in receipt of the allowance of $130 per annum for a period of twelve months; and a degree in Arts, Commerce, Science, Economics to or Law of the University of Western Aus- trala;or (ii) $280 per anunm on the completion of a further twelve months' service. an Associateship in Commerce, Management, Business Administration or Public Admin- (f) The payment of an allowance in accordance istration of the Technical Education with subclause (e) shall be subject to a certificate Division of the Education Department; or from the Director as to the good conduct, efficiency and ability of the officer to perform higher duties who passes an Associateship in Accounting or and such allowance shall be converted to salary Administration of the Western Australian on promotion to a higher position or shall cease Institute of Technology; or should the officer refuse to accept promotion. who holds or passes— (g) An automatic range officer who has not a qualification or examination which, in passed either of the examinations referred to in the opinion of the Council, is equivalent subclause (d) shall be paid— to any of the aforesaid; (i) an allowance of $50 per annum on com- and who is in receipt of a salary which pletion of five years' continuous service on is expressed in column (a) of Schedule a salary of $2,350 provided the Director C to this Agreement, shall be paid 104 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

qualifications allowance at the rate ex- Schedule A. pressed in column (c) of that schedule immediately adjacent to the officers' MALE OFFICERS—CLERICAL DIVISION. salary. Salary Classes and Grades. (c) Payment of an allowance under the pro- Minimum Intermediate Maximum visions of this clause shall cease as a result of the officer becoming entitled to a salary for which no qualifications allowance is provided. 10.—Annual Increments. Subject to good conduct, diligence and efficiency an officer shall proceed from the minimum to the maximum of his salary range by annual increments according to the grades of such classification. 11.—Temporary Employees. A person employed in a temporary capacity shall shall be paid at a daily or weekly rate of pay MALE OFFICERS—ADMINISTRATIVE DIVISION. equivalent to the annual rate that would be pay- able under the provisions of this Agreement to a Salary Classes. permanent officer engaged on duties of a similar Class Salary nature and equal responsibility but in no case shall the provisions of clauses 6 (d), 6 (i), 6 (j) and 8 (e) of this Agreement apply in respect of a person temporarily employed. 12.—Copies of Agreement. Every officer and temporary employee shall be entitled to have access to a copy of this agreement. Sufficient copies shall be available in the Institute for this purpose. 13.—Term of Agreement. This agreement shall operate as from and includ- Schedule B. ing the twenty-second day of December, 1967, and FEMALE OFFICERS—SALARY CLASSES AND shall remain in force for a period of three years, GRADES. provided that at any time after the expiration of the first twelve months from the operative date of Class Minimum Maximum this agreement or after the expiration of any period of twelve months from the date of any variation thereof, either of the parties may negoti- ate with the other party to amend or add to this agreement or approach the Public Service Arbitra- tor for an amendment to this agreement.

Schedule C. In witness whereof the parties hereto have here- CLERICAL DIVISION OFFICERS. unto set their hands and seals the day and year first before written. Qualifications Allowance. Salary Diplomate Graduate Signed by the Chairman of (Column (a).) (Column (b).) (Column (c).) the Western Australian In- Per Annum Per Annum Per Annum stitute of Technology— T. L. ROBERTSON, Chairman. In the presence of— H. W. PETERS, Administrative Secretary. [L.S.] The Common Seal of the Civil Service Association of Western Australia Incorpor- ated was hereunto affixed in the presence of— J. R. FLETCHER, Trustee. R. A. PEMBER, Trustee. B. J. COLLIER, General Secretary. 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

ADMINISTRATIVE AND CLERICAL SALARIES. 6.—Male Officers—Automatic Range. (Main Roads Department.) (a) The rates of pay for male clerical automatic range officers shall be as follows:— PUBLIC SERVICE ARBITRATION ACT, 1967. per Administrative and Clerical Salaries Agreement Annum 1968 (Main Roads Department). Age or Year of Adult Service— $ 16 years of age 1,263 No. 3 of 1968. 17 years of age 1,482 THIS agreement made pursuant to the provisions 18 years of age 1,752 of the Public Service Arbitration Act, 1966, of 19 years of age 2,065 Western Australia this 29th day of March, 1968, 20 years of age 2,292 between the Civil Service Association of Western 21 years of age or first year of adult Australia Incorporated (hereinafter referred to as service 2,452 the Association) of the one part and the Commis- 22 years of age or second year of adult sioner of Main Roads (hereinafter referred to as service 2,560 the Commissioner) of the other part, witnesseth 23 years of age or third year of adult that the parties hereto mutually convenant and service 2,670 agree the one with the other as follows:— 24 years of age or fourth year of adult service 2,800 1.—Title. 25 years of age or fifth year of adult This agreement shall be known as the Admini- service 2,930 strative and Clerical Salaries Agreement 1968 26 years of age or sixth year of adult (Main Roads Department). service ...... 3,060 27 years of age or seventh year of adult 2.—Arrangement. service 3,200 1. Title. (b) Classes and grades beyond a salary of 2. Arrangement. $3,200 per annum shall be those set out in Sched- 3. Scope. ule A to this Agreement, provided that an officer 4. Adjustment of Salary Rates. shall not be eligible for promotion to a position above the automatic range or to claim or receive 5. Male Officers—Salary Classes and Grades. a salary higher than a salary of $3,200 per annum, 6. Male Officers—Automatic Range. until he has passed a promotional examination as 7. Female Officers—Salary Classes and Grades. determined by the Commissioner from time to 8. Female Officers—Automatic Range. time, has acquired equal or higher qualifications 9. Qualifications Allowance. as approved by the Commissioner or has been exempted from the requirements of this subclause 10. Annual Increments. by the Commissioner. 11. Temporary Employees. (c) An officer who is over the age of 21 years 12. Copies of Agreement. on appointment to the automatic range may be 13. Term of Agreement. appointed at a minimum rate of pay based on Schedule A—Male Officers—Salary Classes years of service and not on age. and Grades. (d) A male clerical automatic range officer who Schedule B—Female Officers—Salary Classes is a married man or is the support of those related and Grades. to him, on the approval of the Commissioner, shall Schedule C—Qualifications Allowance. be paid an allowance equivalent to the difference between his rate of pay and the next higher grade 3.—Scope. in the incremental scale of the automatic range, This agreement shall apply to all Government with a maximum salary, inclusive of such allowance Officers employed in an Administrative or Clerical of $3,200 per annum. capacity by the Commissioner. (e) A male clerk appointed to the automatic range who, at the date of such appointment, has 4.—^Adjustment of Salary Rates. successfully completed— The various salary rates expressed herein shall (i) English and three other subjects including be automatically varied to conform to any varia- either Mathematics A, Mathematics B, tions which are made from time to time in the General Mathematics, Economics or Ac- equivalent salary rates applying to officers covered countancy at the Leaving Certificate exa- by the Public Service (Administrative and Clerical mination of the University of Western Officers) Salaries Agreement, No. 6 of 1967. Any Australia; or such variations shall apply from the date that (ii) such examination as may be accepted by the variations have been effected in respect to the Commissioner as being of a standard officers covered by that agreement. equivalent to or higher than attained in acquiring the requirements contained in 5.—Male Officers—Salary Classes and Grades. paragraph (i) of this subclause; (a) Except where otherwise provided in this shall be paid an allowance of $60 per annum on Agreement, the classes and grades applicable to and from the date of his appointment to the male officers in Administrative and Clerical posi- automatic range. tions shall be as indicated in Schedule A. (f) A male clerk appointed to the automatic (b) In allocating salaries or salary ranges, in range who, subsequent to the date of such ap- accordance with section 12 of the Public Service pointment, successfully completes one of the exa- Arbitration Act, 1966, the Commissioner may amal- mination requirements, contained in paragraphs gamate any two classes. (i) and (ii) of subclause (e), shall be paid an 106 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

allowance of $60 per annum on and from the first (c) an allowance paid under this subclause day of the month following the date on which the shall cease, should the officer refuse to final examination paper was held. accept promotion; and (g) Payment of an allowance prescribed by sub- (d) an officer shall not be eligible to receive clause (e) or subclause (f), shall be in addition to an allowance under this subclause unless any allowance received by the officer in accordance he has completed not less than nine years' with the provisions of subclause (d). service in a Clerical capacity as an adult (h) Payment of an allowance prescribed by sub- permanent officer. clause (e) or subclause (f), shall cease on the date when— 7—Female Officers—Salary Classes and Grades. (a) Except where otherwise provided in this (i) the officer becomes eligible to receive a Agreement the classes and grades applicable to Qualifications Allowance in accordance female officers in Clerical positions shall be as with clause 9 of this Agreement; or indicated in Schedule B. (ii) the officer becomes eligible to receive an (b) In allocating salaries or salary ranges in allowance in accordance with subclause accordance with section 12 of the Public Service (i) of this clause. Arbitration Act, 1966, the Commissioner may (i) A male clerical automatic range officer who amalgamate any two classes. has passed the examination referred to in sub- (c) A female Clerical officer who has obtained clause (e) (i) or (e) (ii), and who has been promotion to either Class 1, 2, 3, or 4 as set out retained on the maximum salary of the automatic in Schedule B to this Agreement and who has range for at least one year, shall be paid an completed not less than twenty (20) years of allowance of $140 per annum which shall be in- continuous permanent service, shall be paid an creased to $280 per annum on completion of a allowance of $60 per annum, provided the Branch further year's service on the automatic range. or Section Head certifies as to the good conduct, Thereafter the allowance shall be increased— diligence and efficiency of the officer and provided (i) to $420 per annum when the officer has further that an allowance under this subclause been in receipt of the allowance of $280 shall not apply to an officer paid in accordance per annum for a period of twelve months; with the provisions of subclause (d) hereof. and (d) An adult female officer who is paid in ac- (ii) to $560 per annum on the completion of a cordance with the rates prescribed in Schedule further twelve months' service. B and who, on or after the 1st January, 1968, is Provided that— performing work of the same or a like nature and of equal value to a male officer shall, subject to the (a) an allowance under this subclause shall principles and conditions laid down by Ministerial not be granted unless the Branch or Sec- Circular (L238/67) dated 28th November, 1967, tion Head certifies as to the good conduct, receive payment on the basis set out in such Cir- efficiency and ability of the officer to cular. Provided that as from the date of this perform higher duties; Agreement a female officer shall not be appointed (b) on the promotion of an officer to a higher to any position the duties of which are the same position, any allowance received by him or a like nature and of equal value to those per- under this subclause shall be reduced by formed by a male officer, unless she has passed the the amount which is required to bring his promotional examinations prescribed for male salary up to the minimum salary of the officers from time to time. position to which he is promoted, and thereafter, any allowance still received by 8.—Female Officers—Automatic Range. the officer shall be reduced and converted (a) The rates of pay for female Clerical officers to salary as and when the officer becomes who occupy positions in the automatic range shall eligible for annual grade increments; and be as follows:— (c) an allowance paid under this subclause Per shall cease, should the officer refuse to Annum. accept promotion. Age or Year of Adult Service: $ (j) A male clerk classified in a Class 1 position 15 years of age 1,071 shall be paid an allowance of $140 per annum 16 years of age 1,159 after completion of twelve months' service on the 17 years of age ...... 1,303 maximum salary of such Class 1 position, which 18 years of age 1,483 allowance shall increase to $280 per annum after 19 years of age .... 1,645 completion of a further twelve months' service. 20 years of age 1,801 21 years of age or first year of adult Provided that— service . .. 2,030 (a) in each case, the Branch or Section Head 22 years of age or second year of adult certifies as to the good conduct, efficiency service ... ■■ . 2,130 and ability of the officer to perform higher 23 years of age or third year of adult duties; service 2,200 (b) on the promotion of an officer to a higher 24 years of age or fourth year of adult position any allowance received by him service . 2,270 under this subclause shall be reduced by 25 years of age or fifth year of adult the amount which is required to bring service ...... 2,350 his salary up to the minimum salary of the position to which he is promoted, and (b) Classes and grades beyond a salary of $2,350 thereafter, any allowance still received by per annum shall be those set out in Schedule B. the officer shall be reduced and converted (c) An officer who is over the age of 21 years on to salary as and when the officer becomes appointment may be appointed at a minimum rate eligible for annual grade increments; of pay based on years of service and not on age. 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 107

(d) An automatic range officer shall be paid the Commonwealth Institute of Valu- an allowance of $60 per annum. ers; or Provided that— the Australian Insurance Institute; (i) in the case of a typist or clerk-typist she or passes— passes an efficiency examination approved in five (5) units (including English I) of a by the Commissioner in shorthand writing degree course in Arts, Science, Econ- at a speed of 100 words per minute and omics or Law at the University of typewriting at 50 words per minute; Western Australia; or (ii) in the case of a machinist she passes an the examination in Law prescribed under examination approved by the Commis- section 25 of the Public Service Act, sioner in typewriting at a speed of 35 1904-1966; words per minute and in the operation or passes in the first four years of the part- of accounting and listing machines; and time syllabus of the Associateship in Ac- (iii) such allowance shall cease on the promo- counting or the Associateship in Adminis- tion of the officer to a higher position or tration of the Western Australian Institute should the officer refuse to accept promo- of Technology; tion. or holds or passes a qualification or examina- (e) An automatic range officer who has passed tion which, in the opinion of the Commis- either of the examinations referred to in sub- sioner, is equivalent to any of the afore- clause (d) and has completed at least two years' said, continuous service on a salary of $2,350 per annum and who is in receipt of a salary which is expressed exclusive of allowance, shall be paid an allowance in column (a) of Schedule C to this agreement, of $130 per annum, inclusive of the allowance shall be paid qualifications allowance at the rate under subclause (d). Thereafter the allowance expressed in column (b) of that schedule immedi- shall be increased to— ately adjacent to the officer's salary. (i) $200 per annum when the officer has been (b) Graduates and Associates: A male adult in receipt of the allowance of $130 per clerk who holds— annum for a period of twelve months; and a degree in Arts, Commerce, Science, Econ- to omics or Law of the University of Western (ii) $280 per annum on the completion of a Australia; or further twelve months' service. an Associateship in Commerce, Management, (f) The payment of an allowance in accordance Business Administration or Public Admin- with subclause (e) shall be subject to a certificate istration of the Technical Education Di- from the Branch or Section Head as to the good vision of the Education Department; or conduct, efficiency and ability of the officer to perform higher duties and such allowance shall who passes an Associateship in Accounting or be converted to salary on promotion to a higher Administration of the Western Australian position or shall cease should the officer refuse to Institute of Technology; or accept promotion. who holds or passes a qualification or exam- (g) An automatic range officer who has not ination which, in the opinion of the Com- passed either of the examinations referred to in missioner, is equivalent to any of the subclause (d) shall be paid— aforesaid, (i) an allowance of $50 per annum on com- and who is in receipt of a salary which is expressed pletion of five years' continuous service in column (a) of Schedule C to this agreement, on a salary of $2,350 provided the Branch shall be paid qualifications allowance at the rate or Section Head certifies that the officer expressed in column (c) of that schedule immedi- is eligible and would be recommended for ately adjacent to the officer's salary. promotion on the grounds of efficiency and (c) Payment of an allowance under the provi- good conduct; such allowances to cease on sions of this clause shall cease as a result of the promotion to a higher position or should officer becoming entitled to a salary for which no the officer refuse to accept promotion; qualifications allowance is provided. and 10.—Annual Increments. (ii) an allowance of $60 per annum on com- pletion of not less than 20 years of con- Subject to good conduct, diligence and efficiency tinuous permanent service, provided the an officer shall proceed from the minimum to the Branch or Section Head certifies as to the maximum of his salary range by annual increments good conduct, diligence and efficiency of according to the grades of such classification. the officer. 11.—Temporary Employees. A person employed in a temporary capacity shall 9.—Qualifications Allowance, be paid at a daily or weekly rate of pay equivalent (a) Diplomates: A male adult clerk who holds— to the annual rate that would be payable under the diploma in Commerce of the University of the provisions of this agreement to a permanent Western Australia; or officer engaged on duties of a similar nature and the diplomas in Public Administration, Ac- equal responsibility but in no case shall the provi- countancy, Business Studies or Manage- sions of clauses 6 (d), 6 (i), 6 (j) and 8 (e) of ment Studies of the Technical Education this agreement apply in respect of a person tem- Division of the Education Department; porarily employed. or passes the final examinations in all subjects 12.—Copies of Agreement. in the syllabus of— Every officer and temporary employee shall be an institute of accountants, secretaries entitled to have access to a copy of this agreement. or cost accountants approved by Sufficient copies shall be available in each Depart- the Commissioner; or ment for this purpose. 108 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

13.—Term of Agreement. Schedule B. This agreement shall operate as from and includ- FEMALE OFFICERS—SALARY CLASSES ing the 22nd day of December, 1967, and shall AND GRADES. remain in force for a period of three years, pro- Class. Minimum Maximum. vided that at any time after the expiration of the $ $ first 12 months from the operative date of this 1 2,550 2,630 agreement or after the expiration of any period of 2 2,725 2,825 12 months from the date of any variation thereof, 3 2,970 3,115 either of the parties may negotiate with the other 4 3,260 3,405 party to amend or add to this agreement or ap- 5 3,560 3,715 proach the Public Service Arbitrator for an amend- ment to this agreement. SCHEDULE C. Clerical Division Officers. Qualifications Allowance. In witness whereof the parties hereto have here- Salary Diplomate Graduate unto set their hands and seals the day and year (Column (a).) (Column (b).) (Column (c).) first before written. Per Annum Per Annum Per Annum The Common Seal of the $ $ $ Commissioner of Main 2,452 120 180 Roads was hereunto affixed 2,560 120 180 by D. H. Aitken the Com- 2,670 120 180 missioner of Main Roads 2,800 120 180 for the time being in the 2,930 120 180 presence of— 3,060 120 180 P. Parrick. 3,200 120 180 D. H. AITKEN. 3,340 120 180 [L.S.] 3,480 120 180 The Common Seal of the Civil 3,620 120 180 Service Association of West- 3,760 120 180 tern Australia Incorporated 3,910 120 180 was hereunto affixed in the 4,060 120 180 presence of— 4,220 120 180 J. R. FLETCHER, 4,380 120 180 Trustee. 4,540 60 120 4700 60 120 B. E. CORBOY, 4,860 — 60 [L.S.] Trustee. 5,020 — — B. J. COLLIER, General Secretary. PUBLIC SERVICE Schedule A. (GENERAL DIVISION OFFICERS). MALE OFFICERS—CLERICAL DIVISION. Western Australia. Salary Classes and Grades. STATE PUBLIC SERVICE. Class. Minimum. Intermediate. Maximum. Public Service (General Division Officers) $ $ $ Salaries Agreement, 1968. 1 ...... 3,340 — 3,480 2 ...... 3,620 — 3,760 No. 1 of 1968. 3 ...... 3,910 — 4,060 THIS agreement, made pursuant to the provisions 4 ...... 4,220 — 4,380 of the Public Service Arbitration Act, 1966, of 5 ...... 4,540 — 4,700 Western Australia this Fifteenth day of March, 6 ...... 4,860 — 5,020 1968, between the Civil Service Association of West- 7 ...... 5,190 5,360 5,530 ern Australia Incorporated (hereinafter referred to 8 ...... 5,710 — 5,890 as the Association) of the one part and the Public 9 ...... 6,070 — 6,260 Service Commissioner (hereinafter referred to as 10 ...... 6,450 — 6,640 the Commissioner) of the other part, witnesseth 11 ...... 6,830 — 7,020 that the parties hereto mutually covenant and MALE OFFICERS—ADMINISTRATIVE agree the one with the other as follows:— DIVISION. 1.—Title. Salary Classes. This agreement shall be known as the Public Class. Salary. Service (General Division Officers) Salaries Agree- ment No. 1 of 1968. 1 7,340 2 7,670 2.—^Arrangement. 3 8,030 1. Title. 4 8,390 2. Arrangement. 5 8,750 3. Scope. 6 9,120 4. Adjustment of Salary Rates. 7 9,490 5. Male Officers—Salary Classes and Grades. 8 9,870 6. Male Officers—Field Assistants. . 9 10,250 7. Male Officers—Laboratory Assistants. 10 10,650 8. Male Officers—Drafting Assistants. 11 11,100 9. Female Officers—Salary Classes and Grades. 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 109

10. Female Officers—^Laboratory Assistants and (iii) an officer who occupies a position Technical Assistants. which has been classified by an amal- 11. Female Officers—^Laboratory Attendants. gamation of Classes 1, 2 and 3, shall 12. Female Officers—Telephonists and Assis- proceed to the intermediate salary of tants. Class 2 after he has been in receipt 13. Female Officers—Drafting Assistants. of the maximum salary of Class 1 for 14. Annual Increments. a continuous period of twelve months 15. Temporary Employees. and to the intermediate salary of Class 16. Copies of Agreement. 3 after he has been in receipt of the 17. Term of Agreement. maximum salary of Class 2 for a con- tinuous period of twelve months. 3.—Scope. (b) An officer who is over the age of 21 years This agreement shall apply to all Government on appointment may be appointed at a minimum Officers who are employed in the General Division rate of pay based on years of service and not on under and within the meaning of the Public Ser- age. vice Act, 1904-1967. (c) An officer retained on the maximum salary 4.—Adjustment of Salary Rates. prescribed for Classes 1, 2 or 3 by subclause (a) for a period of five (5) years shall be paid an The salary rates prescribed by this agreement allowance of $60 per annum provided the Per- shall be varied to the extent necessary to give manent Head certifies that such officer is eligible effect to any decision of the Commonwealth Con- and would be recommended for promotion on the ciliation and Arbitration Commission in a National grounds of efficiency and good conduct. An allow- Wage Case made during the currency of this ance paid under this subclause shall be converted agreement and expressed to be on general economic to salary on promotion to a higher position and grounds and which has general application. shall cease should the officer refuse to accept pro- 5.—Male Officers—Salary Classes and Grades, motion. (a) The rates of pay for male General Division (d) Classes and grades beyond a salary of $3,152 officers except as provided for Field Assistants per annum shall be those set out in Schedule A (Clause 6), Laboratory Assistants (Clause 7) and to this agreement. Drafting Assistants (Clause 8) shall be as fol- (e) In allocating salaries or salary ranges, in lows:— accordance with Section 12 of the Public Service Per Arbitration Act, 1966, the Commissioner may amal- Annum. gamate any two or more classes. Class 1: $ 15 years of age 1,037 6.—Male Officers—Field Assistants. 16 years of age 1,207 (a) The rates of pay for male field assistants 17 years of age 1,482 shall be as follows:— 18 years of age 1,752 Per 19 years of age 2,065 Annum. 20 years of age 2,292 Age or Year of Adult Service— $ 21 years of age or first year of adult 15 years of age 1,037 service 2,452 16 years of age 1,207 22 years of age or second year of adult 17 years of age 1,482 service 2,552 18 years of age 1,752 23 years of age or third year of adult 19 years of age 2,065 service 2,662 20 years of age 2,292 24 years of age or fourth year of adult 21 years of age or first year of adult service 2,782 service 2,452 Class 2: 22 years of age or second year of adult Minimum 2,782 service 2,552 Intermediate 2,862 23 years of age or third year of adult Maximum 2,942 service 2,662 Class 3: 24 years of age or fourth year of adult service 2,782 Minimum 2,942 25 years of age or fifth year of adult Intermediate 3,032 service 2,902 Maximum 3,152 26 years of age or sixth year of adult Provided that— service 3,022 (i) an officer who occupies a position 27 years of age or seventh year of adult which has been classified by an amal- service 3,152 gamation of Classes 1 and 2, shall pro- Provided that an officer who has been awarded a ceed to the intermediate margin of diploma of an approved Agricultural College shall Class 2, after he has been in receipt be paid— of the maximum margin of Class 1 for a continuous period of twelve months; (i) one grade above the rate prescribed in this clause for his age, if he is under 21 years and of age; or (ii) an officer who occupies a position which has been classified by an amal- (ii) two grades above the rate prescribed in gamation of Classes 2 and 3, shall this clause for his age or year of adult proceed to the intermediate margin of service, if he is 21 years of age or over. Class 3, after he has been in receipt (b) An officer who is over the age of 21 years of the maximum margin of Class 2 for on appointment may be appointed at a minimum a continuous period of twelve months; rate of pay based on years of service and not on and age. 110 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

(c) An officer retained on the maximum salary (b) An officer who is over the age of 21 years prescribed by subclause (a) for a period of five on appointment may be appointed at a minimum (5) years shall be paid an allowance of $60 per rate of pay based on years of service and not on annum provided that the Permanent Head certifies age. that the officer is eligible and would be recom- mended for promotion on the grounds of efficiency 9.—Female Officers—Salary Classes and Grades. and good conduct. An allowance paid under this (a) Except where otherwise provided in this subclause shall be converted to salary on promotion agreement, the classes and grades applicable to to a higher position and shall cease should the female officers shall be as indicated in Schedule B. officer refuse to accept promotion. (b) In allocating salaries or salary ranges, in 7.—Male Officers—Laboratory Assistants. accordance with Section 12 of the Public Service (a) The rates of pay for male laboratory assist- Arbitration Act, 1966, the Commissioner may ants shall be as follows:— amalgamate two or more classes. Per (c) An adult female officer covered by this agree- Annum. ment who is performing work of the same or a Age or Year of Adult Service— $ like nature and of equal value to a male officer 15 years of age 1,103 shall, subject to the principles and conditions laid 16 years of age 1,263 down by Ministerial Circular (L238/67) dated 28th 17 years of age 1,482 November, 1967, receive payment on the basis set 18 years of age 1,752 out in such Circular. 19 years of age 2,065 20 years of age ... 2,292 10.—Female Officers—Laboratory Assistants and 21 years of age or first year of adult Technical Assistants. service 2,452 22 years of age or second year of adult (a) The rates of pay for female laboratory assist- service 2,552 ants and technical assistants shall be as follows:— 23 years of age or third year of adult Per service 2,662 Annum. 24 years of age or fourth year of adult Age or Year of Adult Service $ service 2,782 15 years of age 1,048 25 years of age or fifth year of adult 16 years of age 1,133 service 2,902 17 years of age 1,274 26 years of age or sixth year of adult 18 years of age 1,455 service 3,022 19 years of age 1,614 27 years of age or seventh year of adult 20 years of age .... 1,773 service 3,152 21 years of age or first year of adult (b) An officer who is over the age of 21 years service .... 1,986 on appointment may be appointed at a minimum 22 years of age or second year of adult rate of pay based on years of service and not on service 2,081 age. 23 years of age or third year of adult (c) An officer retained on the maximum salary service 2,161 prescribed by subclause (a) for a period of five 24 years of age or fourth year of adult (5) years shall be paid an allowance of $60 per service 2,241 annum provided the Permanent Head certifies that 25 years of age or fifth year of adult the officer is eligible and would be recommended service 2,321 for promotion on the grounds of efficiency and good (b) An officer who is over the age of 21 years conduct. An allowance paid under this subclause on appointment may be appointed at a minimum shall be converted to salary on promotion to a rate of pay based on years of service and not on higher position and shall cease should the officer age. refuse to accept promotion. (c) An officer who has completed not less than 20 years of continuous permanent service shall be 8.—Male Officers—Drafting Assistants. paid an allowance of $80 per annum, provided the (a) The rates of pay for male drafting assist- Permanent Head certifies as to the good conduct, ants shall be as follows:-— diligence and efficiency of the officer. Per Annum. 11.—Female Officers—Laboratory Attendants. Age or Year of Adult Service— $ (a) The rates of pay for female laboratory 21 years of age or first year of adult attendants shall be as follows:— service 2,662 Pei- 22 years of age or second year of adult Annum. service 2,782 Age or Year of Adult Service $ 23 years of age or third year of adult 15 years of age 908 service 2,902 16 years of age 1,051 24 years of age or fourth year of adult 17 years of age 1,135 service 3,022 18 years of age 1,278 25 years of age or fifth year of adult 19 years of age 1,459 service 3,152 20 years of age 1,665 26 years of age or sixth year of adult 21 years of age or first year of adult service 3,292 service 1,818 27 years of :age or seventh year of adult 22 years of age or second year of adult service 3,432 service 1,928 28 years of age or eighth year of adult 23 years of age or third year of adult service 3,577 service 2,028 29 years of age or ninth year of adult 24 years of age or fourth year of adult service 3,717 service 2,108 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. Ill

(b) An officer who is over the age of 21 years Provided that an officer shall not proceed beyond on appointment may be appointed at a minimum a salary of $2,301 per annum unless she— rate of pay based on years of service and not on (i) has completed and passed an efficiency ex- age. amination in the appropriate group of sub- (c) An officer who has completed not less than jects of the Technical Education Division 20 years of continuous permanent service shall be of the Education Department, herein paid an allowance of $80 per annum, provided the listed:— Permanent Head certifies as to the good conduct, diligence and efficiency of the officer. Engineering Drafting— Elementary Drawing, Mechanical 12.—Female Officers—Telephonists and Assistants. Drawing I, Qualifying Mathematics (a) The rates of pay for female telephonists and D; or assistants shall be as follows:— Such other subjects of equivalent Per standard as may be approved by the Annum. Public Service Commissioner. Age or Year of Adult Service $ 15 years of age 940 Architectural Drafting- 16 years of age 1,070 Freehand Drawing, Building Construc- 17 years of age 1,160 tion I, Qualifying Mathematics D. 18 years of age 1,300 Cartographic Drafting— 19 years of age 1,480 Plan Drawing I, Cartographic Repro- 20 years of age 1,685 21 years of age or first year of adult duction of Maps and Plans I, Quali- service 1,840 fying Mathematics D; or 22 years of age or second year of adult (ii) has completed six years of continuous ser- service 1,950 vice as a Drafting Assistant after attain- 23 years of age or third year of adult ing the age of 21 years. service 2,050 (b) Subject to a satisfactory report from the 24 years of age or fourth year of adult Permanent Head concerning the officer's conduct, service 2,130 diligence and efficiency, an officer who completes (b) An officer who is over the age of 21 years and passes the prescribed efficiency examination be- on appointment may be appointed at a minimum fore reaching a salary of $2,356 per annum, shall rate of pay based on years of service and not on be paid an allowance of $60 per annum, provided age. that such allowance shall convert to salary and (c) An officer who has completed not less than cease when a salary margin of $2,356 per annum 20 years of continuous permanent service shall be is reached. paid an allowance of $80 per annum, provided the (c) An officer who is over the age of 21 years Permanent Head certifies as to the good conduct, on appointment may be appointed at a minimum diligence and efficiency of the officer. rate of pay based on years of service and not on (d) A female assistant who passes an examina- age. tion in typewriting at 40 words per minute as approved by the Commissioner shall be paid an (d) An officer who has completed not less than allowance of $40 per annum. 20 yeai's of continuous permanent service shall be (e) A female telephonist who passes a Tele- paid an allowance of $80 per annum, provided the phonists' Efficiency Examination as approved by the Permanent Head certifies as to the good conduct, Commissioner shall be paid an allowance of $40 diligence and efficiency of the officer. per annum. 14.—Annual Increments. 13.—Female Officers—Drafting Assistants. Subject to good conduct, diligence and efficiency (a) The rates of pay for female drafting assist- an officer shall proceed from the minimum to the ants shall be as follows:— maximum of his salary range by annual increments Per according to the grades of such classification. Annum. Age or Year of Adult Service $ 15.—Temporary Employees. 16 years of age 1,113 17 years of age 1,274 A person employed in a temporary capacity in 18 years of age 1,455 the General Division under the provisions of section 19 years of age 1,614 31 of the Public Service Act, 1904-1967, shall be 20 years of age 1,773 paid at a daily or weekly rate of pay equivalent to 21 years of age or first year of adult the annual rate that would be payable under the service 1,986 provisions of this agreement to a permanent officer 22 years of age or second year of adult engaged on duties of a similar nature and equal service 2,161 responsibility. 23 years of age or third year of adult service 2,221 16.—Copies of Agreement. 24 years of age or fourth year of adult Every officer and temporary employee shall be service 2,301 entitled to have access to a copy of this agree- 25 years of age or fifth year of adult ment. Sufficient copies shall be available in each service 2,356 Department for this purpose. 26 years of age or sixth year of adult service 2,426 27 years of age or seventh year of adult 17.—Term of Agreement. service 2,535 This agreement shall operate as from and in- 28 years of age or eighth year of adult cluding the fifteenth day of March, 1968, and shall service 2,610 remain in force for a period of three years, pro- (4)—4241E 112 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

vided that either of the parties may after the Australia Incorporated (hereinafter referred to as fifteenth day of March, 1969, negotiate with the the Association) of the one part and the Public other party to amend or add to this agreement Service Commissioner (hereinafter referred to as or approach the Arbitrator for an amendment to the Commissioner) of the other part, witnesseth this agreement. that the parties hereto mutually covenant and agree the one with the other as follows:— In witness whereof the parties hereto have here- unto set their hands and seals the day and year 1.—Title. first before written. This agreement shall be known as the Public Signed by the Public Service Service Allowances (Motor Car Hire) Agreement, Commissioner of Western No. 4 of 1968. Australia in the presence 2.—Scope. of— This agreement shall apply to all officers and J. B. CROOKS. temporary employees employed under the provi- R. H. DOIG. sions of the Public Service Act, 1904-1967, whose The Common Seal of the Civil offices are not included in the Special Division of Service Association of the Public Service. Western Australia (Incor- porated) was hereunto 3.—Arrangement. afflxed in the presence of— 1. Title. J. R. FLETCHER, 2. Scope. Trustee, 3. Arrangement. B. E. CORBOY, 4. Definitions. Trustee. 5. Payment of Hire for Use of Officer's Own B. J. COLLIER. Vehicle. [L.S.I General Secretary. 6. Special Conditions. 7. Copies of Agreement. Schedule A. 8. Term of Agreement. MALE OFFICERS—GENERAL DIVISION. Salary Classes and Grades. 4.—Definitions. Class Minimum Intermediate Maximum In this agreement the following expressions $ $ $ shall, unless the contrary intention appears, have 1 3,292 — 3,432 the meaning hereby respectively applied to them, 2 3,577 — 3,717 namely:— 3 - 3,872 — 4,022 "Metropolitan Area" means that area within 4 4,182 — 4,342 a radius of thirty (30) miles from the 5 4,502 — 4,662 Perth Railway Station. 6 4,827 — 4,987 "South-West Land Division" means the South- 7 5,157 5,327 5,502 west Land Division as defined by section 8 5,682 — 5,867 28 of the Land Act, 1933-1965, excluding 9 6,052 — 6,242 the area contained within the metropoli- 10 6,432 — 6,622 tan area. 11 6,817 — 7,007 "Other Areas" means that area of the State 12 — — 7,327 of Western Australia south of 26 degrees 13 — — 7,657 south latitude, excluding the metropolitan area and the South-West Land Division. Schedule B. FEMALE OFFICERS—GENERAL DIVISION. 5.—Payment of Hire for Use of Officer's Salary Classes and Grades. Own Vehicle. Class Minimum Intermediate Maximum (a) An officer who is required to maintain a motor car for use when travelling on official busi- $ $ $ ness and who is not in receipt of an allowance 1 2,535 — 2,610 provided under subelause (b) shall, for journeys 2 2,710 — 2,815 approved by the permanent head, be paid hire for 3 2,955 — 3,100 such vehicle to cover all expenses in connection 4 3,245 — 3,390 therewith, in accordance with the rates set out in 5 3,540 — 3,690 the schedule hereto. 6 3,840 — 3,990 (b) The Commissioner may authorise a com- 7 4,140 — 4,290 muted amount for the hire of motor vehicles or any other conveyance belonging to an officer. (c) Where an officer in the course of a journey PUBLIC SERVICE ALLOWANCES (MOTOR travels through two or more of the separate areas, CAR HIRE). payment of hire at the rates prescribed by sub- State Public Service. clause (a) shall be made at the appropriate rate PUBLIC SERVICE ALLOWANCES (MOTOR CAR applicable to each of the separate areas traversed. HIRE) AGREEMENT, 1968. (d) The Commissioner may increase the rates Agreement No. 4 of 1968. prescribed by this clause in any case in which THIS agreement, made pursuant to the provisions he is satisfied that they are inadequate. of the Public Service Arbitration Act, 1966, of (e) A year for the purpose of this clause shall Western Australia this 1st day of April, 1968, commence on the first day of July and end on between the Civil Service Association of Western the thirtieth day of June next following. 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 113

Schedule. COAL INDUSTRY TRIBUNAL- RATES OF HIRE FOR USE OF OFFICER'S OWN VEHICLE ON OFFICIAL BUSINESS. AWARDS-Amendment of— Cents per Mile. 1. South of 26 Degrees South Latitude. COLLIERIES STAFF. Award No. 62 of 1955. , j * 41. i Engine Displacement Area and Details. | (in cubic centimetres) MINING ACT, 1904-1965. Mileage travelled each Over 1 600( Part XIII, Division 1. year on official busi- l,600cc. andl,600cc. ui Before the Western Australian Coal Industry ness: and under Tribunal held at Collie. Metropolitan Area— Application No. 38 of 1967. 1-5,000 miles .... 10.5 8.1 over 5,000 miles 6.5 5.! Between the Australian Collieries Staff Association S.W. Land Division— Industrial Union of Workers, Applicant, and 1-5,000 miles .... 11.7 9.7 Griffin Coal Mining Co. Ltd. and Western Col- over 5,000 miles 7.9 6A Other Areas—• lieries Ltd., Respondents. 1-5,000 miles .... 12.5 10.E Application for an increase in wages of 30 cents over 5,000 miles 8.7 7.C per week for classifications in Division "A". 2. North of 26 Degrees South Latitude. Decision. Mileage travelled each Between year on official busi- 26° and 22° THIS is an application by the Association for an ness: increase of 30 cents per week for all Division "A" 1-5,000 miles classifications in Award No. 62 of 1955, in order to over 5,000 miles .... restore parity with their counterparts in New South Wales (C.R. 1859) and with Division "B" classifica- 6.—Special Conditions. tions. An officer, who in accordance with the preceding clause is entitled to receive a rate of hire applic- The Tribunal has allowed the amendments as able to motor cars of l,600cc. and under, but on claimed, the employers being in agreement. the date immediately prior to the coming into The Tribunal hereby awards, orders and pre- operation of this Agreement maintained a motor scribes that Award No. 62 of 1955 of the W.A. car for which he was in receipt of a rate pre- Coal Industry Tribunal, as amended, be further scribed by Clause 15 of the Public Service Allow- amended in the following manner:— ances Agreement, 1961 for motor vehicles of over 1. Clause 5. Wages subclause (b): Increase all 12 h.p„ shall continue to be reimbursed the rates margins shown opposite classifications in Division payable under the aforesaid Clause 15 until the "A" by 30 cents per week. 31st December, 1968 in respect of such motor car, 2. These amendments shall be deemed to have or the date on which he ceases to use the motor taken effect from the commencement of the pay car on official business if prior to the 31st Dec- period current on 14th September, 1967. ember, 1968. Dated at Collie this 25th day of October, 1967. 7.—Copies of Agreement. W. J. WALLWORK, Every officer shall be entitled to have access to Chairman, a copy of this Agreement. Sufficient copies shall Western Australian Coal Industry Tribunal. be available in each Department for this purpose. 8.—Term of Agreement. Filed in my office this 18th day of March, 1968. This agreement shall operate as from and includ- ing the 1st April, 1968 and shall remain in force R. BOWYER, for a period of three years from that date, pro- Industrial Registrar, vided that either of the parties may after the The W.A. Industrial Commission. 1st April, 1969, negotiate with the other party to amend or add to this agreement or approach the Arbitrator for an amendment to this agreement. DEPUTIES. Award No. 19 of 1954. In witness whereof the parties hereunto set MINING ACT, 1904-1965. their hands and seals the day and year first before Part XIII, Division 1. written. Before the Western Australian Coal Industry Signed by the Public Service Tribunal held at Collie. Commissioner of Western Australia in the presence Application No. 37 of 1967. of— Between Collie District Deputies Union of Workers, J. B. CROOKS. Applicant, and Amalgamated Collieries of W.A. R. H. DOIG. Ltd., and others, Respondents. The Common Seal of the Application for an increase of marginal rate pay- Civil Service Association of able to Deputies by 97 cents per shift. Western Australia Incor- Decision. porated was hereunto THIS is an application by the Deputies Union to affixed in the presence of— increase the marginal rate payable to deputies by J. R. FLETCHER, 97 cents per shift, following a similar increase Trustee. granted to tradesmen in the engineering unions on B. E. CORBOY, 28th July, 1967. [L.S.l Trustee. The members of the Tribunal being unable to B. J. COLLIER, agree and evenly divided the Chairman gave the General Secretary. decision of the Tribunal and allowed an increase 114 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968.

of 15 cents per shift to remove an anomaly In the case of engineers their increases were created by the continued payment to engineers of granted in anticipation of the decision expected the underground allowance of 15 cents per shift, shortly to be given in the Commonwealth Metal the rates of deputies and engineering tradesmen Trades Margins case. If, as previously, any being otherwise equated. marginal increases granted by Federal tribunals In the case of engineers their increases were flow to mine-workers in New South Wales, it will granted in anticipation of the decision expected be open to the Union to apply for similar increases shortly to be given in the Commonwealth Metal in this State. Trades Margins case. If, as previously, any mar- The Tribunal hereby awards, orders and pre- ginal increases granted by Federal Tribunals flow scribes that Award No. 4 of 1953 of the W.A. Coal to mineworkers in New South Wales, it will be Industry Tribunal, as amended, be further amended open to the Union to apply for a similar increase in the following manner:— in this State. 1. Clause 6 Wages, subclause c) (i). Increase The Tribunal hereby awards, orders and pre- the marginal rates shown opposite classification scribes that Award No. 19 of 1954 of the W.A. Coal No. 30 Miner—composite duties—by an amount of Industry Tribunal as amended be further amended 15 cents per shift. in the following manner: 1. Clause 9. Rates of Pay subclause (b): In- 2. This amendment shall not apply to attend- crease the amount shown inerein by 15 cents per ance allowance. shift. 3. The amendment shall be deemed to have 2. This amendment shall not apply to attend- taken effect on and from the commencement of ance allowance. the pay period current on 14th August, 1967. 3. The amendment shall be deemed to have Dated at Collie this 29th day of November, 1967. taken effect on and from the commencement of the W. J. WALLWORK, pay period current on 14th August, 1967. Chairman, Dated at Collie this 29th day of November, 1967. Western Australian Coal Industry Tribunal. W. J. WALLWORK, Chairman, Filed in my office this 18th day of March, 1968. Western Australian Coal Industry Tribunal. R. BOWYER, Industrial Registrar, Filed in my office this 18th day of March, 1968. the W.A. Industrial Commission. R. BOWYER, Industrial Registrar, The W.A. Industrial Commission. AWARDS-Applications for Amendment of- MINING. APPLICATION BY MINE-WORKERS UNIONS Award No. 4 of 1953. FOR A 35 HOUR WORKING WEEK. MINING ACT, 1904-1965. MINING ACT 1904-1965. Part XIII, Division 1. Part XIII, Division 1. Before the Western Australian Coal Industry Before the Western Australian Coal Industry Tribunal held at Collie. Tribunal, held at Collie. Application No. 35 of 1967. Applications Nos. 11, 13, 14 and 17 of 1967. Between: Between Coal Miners Industrial Union of Workers of Western Australia, Applicant, and Amalga- 11/67—Coal Miners Industrial Union of Workers mated Collieries of W.A. Ltd, and others, Re- of Western Australia; spondents. 13/67—Collie District Deputies Union of Workers; Application for an increase of marginal rates for 14/67—Federated Engine Drivers' and Fire- all classifications by 97 cents per shift. men's Union; Decision, 17/67—Amalgamated Engineering Union of THIS is an application by the Miners' Union to Workers, Applicants, and; increase marginal rates for all classifications by Griffin Coal Mining Co. Ltd., and others. 97 cents per shift, following similar increases Respondents, Application for a 35-hour granted to tradesmen in the Engineering Unions on Working Week. 28th July, 1967. Decision. The members of the Tribunal being unable to agree and evenly divided the Chairman gave the THESE applications, which are made jointly, com- decision of the Tribunal and dismissed the applica- prise what has become known as the 35 hour week tion in respect of all classifications with the excep- case. They represent the culmination of earlier tion of that of composite miners. Composite efforts by the mine-workers unions to secure a miners will receive an increase of 15 cents per shift straight out 35 hour week, or 70 hour fortnight to remove an anomaly created by the continued in lieu of the prescribed 77 hour fortnight. payment to engineers of the underground allow- A 35 hour week has been in practical operation ance of 15 cents per shift, the rates of composite on a trial basis since 1961, hours actually worked miners and engineering tradesman being otherwise being made up by 10 shifts per fortnight each of equated. 7 hour duration bank-to-bank. The mine workers 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 115 have worked under an arrangement incorporated in the awards that any deficiency in the tonnage APPRENTICES- quota at any mine be made up by working an Application to employ apprentices eleventh shift on back Saturday as part of the working fortnight and without any obligation on in excess of quota fixed the part of the employers to pay for the extra shift. Only one mine, on two occasions, has been by Award- required to work on a back Saturday to make up a tonnage quota during the whole trial period. FURNITURE TRADES. No good purpose is being served by retaining the Award No. 6 of 1960. back Saturday provisions in their present form the In the Matter of Award No. 6 of 1960 (Furniture 35 hour week will be implemented in full without Trades), and in the matter of a Board of any loss of pay to mine-workers and, it is antici- Reference thereunder. pated, without any inrcease in costs to the com- panies. Certain fringe benefits will flow to Decision. mine-workers by the reduction from an 11 shift 1. In this matter, Poveys Furniture Manufac- to a ten shift fortnight, but the workers will be turers of 415 Scarborough Beach Road, Osborne asked to make some sacrifices in return. In par- Park, applied to the Board of Reference for ticular, the prescribed 7 hour bank-to-bank shift approval to employ Ross Edward Jennings as a will become a 7 hour bank-to-bank shift in fact. Cabinet Making apprentice in excess of the propor- There will be no time concessions. tion set down under the award. The application is Attendance allowances will continue, the same made under Clause 39 (a) of the award. amount of money being paid as at present. The 2. Ross Jennings had completed twelve months' whole question of attendance allowance is due for full time training at Leederville Technical School overhaul, but that is not a matter for the moment. and was eligible for apprenticeship on a three year It is not suggested that the principle should be term. abolished or the amount of payments reduced. Rates of pay will be converted to total rates per 3. It was submitted to the Board that this Com- week instead of margins per shift. It will take pany had the necessary facilities to soundly train some time to work out the new rates and to frame the apprentice in the trade of cabinet making and consequential amendments which will flow from the Board was also satisfied that the existing ratio the introduction of a 70 hour fortnight. The of apprentices to journeymen in this firm was such minutes of draft Award amendment will be duly that Jennings would receive proper training. handed down and may be spoken to if required. 4. The Secretary of the Union indicated to the It is anticipated that production per man-shift Chairman that in this particular instance the will be maintained at its present level if not in- Union was not strongly opposing the application. creased. Production quotas will be set by the 5. Accordingly the decision of the Board is that Tribunal, failing agreement between the parties. approval be granted to Poveys to employ Ross If quotas are not met action may be taken by the Edward Jennings as a cabinet making apprentice in Tribunal on the application of any party. excess of the quota prescribed in the above award. In the existing provisions of the various Awards relating to the bonus production shift there is to Dated at Perth this 15th day of March, 1968. be found a reference to a worker who fails to R. R. ELLIS, make a reasonable effort to maintain production, Chairman. or who is a frequent absentee from work without lawful excuse. The Unions supported this provi- sion when it was introduced into the Awards and have continued to support it in operation. Similar provisions will be retained in the new Award amend- Reduction of Term of Registered ments and continued support is expected from the Unions involving decisive action against any worker Apprenticeship Agreements- who, after due warning does not pull his weight. BEFORE THE WESTERN AUSTRALIAN The whole idea leading to the introduction of INDUSTRIAL COMMISSION. a 35 hour week of five shifts is that production will be maintained or increased, and that costs No. 59 of 1968. will be maintained at their present level. Full In the matter of Apprenticeship Regulations, 1964, co-operation of management and workers is and in the matter of various registered ap- expected in order to achieve this result. prenticeship agreements and applications to This decision is the decision of the Chairman, reduce the terms thereof. (Private Employ- other members of the Tribunal being unable to ment.) agree and evenly divided. HAVING read and considered the applications Tribunal Award amendments will follow this herein made under regulation 11 of the above- decision and will be promulgated in due course. mentioned regulations and having considered the recommendation of the Western Australian Ap- Dated at Collie this 29th day of November, 1967.. prenticeship Advisory Council in relation thereto W. J. WALL WORK, and by consent of all the parties to the above Chairman, W.A. Coal Industry Tribunal. apprenticeship agreements in connection with which the applications are made and the consent of the Unions concerned, I, the undersigned Chief Filed in my office this 18th day of March, 1968. Industrial Commissioner of the Western Australian R. BOWYER, Industrial Commission, in pursuance of the powers Industrial Registrar contained in the said regulations and all powers the W.A. Industrial Commission. therein enabling me do hereby approve of the WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [17 April, 1968. terms of the agreements of apprenticeship as set SECOND YEAR. out and identified in the said schedule hereto being reduced from five years to four- years and Industrial Safety. confirm the agreement demonstrated by each ap- Training should follow the principles set out in plication that any periods of technical training "Apprentice Safety Manual—Metal Trades". lost as a result of the reduction in terms approved Apprentices should be conversant with section herein be made up in the remaining years of II of this manual. apprenticeship. Practical plane and solid geometry. Dated at Perth this 12th day of March, 1968. Trade calculations. Jointing methods.—Strength of soft solders of CSgd) B. M. O'SULLIVAN, various composition, and soldered joints. Dif- [L.S.l Commissioner. ference in technique between hard and soft soldering, silver soldering, brazing, bronze welding. Melting temperatures of jointing Schedule. materials and metals. Reductions of One Year—Private Sector. Composition of the following alloys; Monel metal, Name; Trade; Employer. stainless steel, silver solder, bronzes, plastics, aluminium, etc. I. S. Smith; Electrical Fitting; Great Boulder Gold Mines Ltd. Protective coatings for metals as used in the C. R. Rees; Boilermaking/lst Class Welding; Sheetmetal Industry. Humes Ltd. Characteristics of the commercial acids (hydro- chloric, sulphuric and nitric) and their re- actions with the common metals. Simple Radial Line Development.—Circular bell- mounts with knocked up flange and bottom and pipes coming off at different angles. Syllabus of Training- Oblique cones, pyramids, buckets, cabinetwork SHEETMETAL WORKING. procedures. Simple parallel Line Developments.—Elbows, tees, FIRST YEAR. Y-pieces, pipe junctions. Lobster back bends, Industrial Safety. simple blocking, stretching and forming of Training should follow the principles set out in metal. "Apprentice Safety Manual—Metal Trades". Revision. Continuing proficiency in oxy and arc Apprentices should be conversant with section welding. Including resistance welding. I of the manual and their responsibilities to industry. THIRD YEAR. Practical Plane and solid geometry. Industrial Safety. Trade calculations. Training should follow the principles set out in The preparation of qualities of soft solders used "Apprentices Safety Manual—Metal Trades". in sheet metal working. Apprentices should be conversant with Section Notes on Soldering—The uses of fluxes and acids, III of this manual. the preparations of soldering irons for use with various metals and solders, phosphoric acid Pattern Drawing to scale with triangulation exer- and soldering fluxes. cises. The setting out of various joints and seams. Rounded elbows and offsets in square downpipe. Weights and gauges of sheetmetals for different Rounded elbows and offsets in rectangular down- work. pipe. Metals and their properties. Box with knocked-up ends. Elementary consideration of alloys, lead and tin, Sink (equal tapered sides and knocked up ends copper, zinc, plastics, stainless steel, alumin- and bottom). ium, cusilman, bronze, coated metal sheets (i.e., as in Marviplate). Care, handling and pro- Stove pipe. Elbow. T-pieces in unequal pipes. tection of such material. Oblique T-pieces in equal and unequal pipes. First principles.—Correct use of all hand and elec- Offside oblique T-pieces as applies to exhaust trically operated tools, machines, and care of systems and air conditioning systems. same, correct use of hand tools, including the Elbows and junctions in square pipe at different sharpening of twist drills, and equipment, and angles (Square and diagonal). the necessity of a proper attitude to work situation and industrial clothing. Correct use Cone frustrum and intersections. Blocking and of rollers. Correct principles of folding, peening. grooving, notching, wiring, jennying, and mak- Simple Rainheads. Oval container with blocked ing allowances for same. lid. Making of square trays, round trays, knockups, Bell mouth, square base and circular top. soldering methods, practical geometry, ground- ing in pattern marking radial line develop- Exercises in cutting and fitting gutter mitres. ments, simple cones, funnels. To understand Cabinetwork. the first principles of oxy, arc and also plastic External and internal angles at 90 degs. and welding. To be proficient in simple welds on various other angles. sheetmetal between ten and sixteen gauge (Birmingham Sheetmetal gauge in practice). Return ends. Box gutter, joints, branches, etc. Revision. Curved O.G. gutter. 17 April, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 117

Capable of oxy cutting, argon welding, micro inert Abrasive Bobs: gas welding, metallic arc welding. Plastic Types of glues and grits. welding. Polishing types of mops and polishing com- pounds. Assembling and care of equipment, etc. Knowledge of the techniques involved in pre- Continuing proficiency in Oxy and Arc Welding. paring surfaces for protection coatings. The working and forming of plastic materials. Knowledge of chemical reaction in the joining Revision. of dissimilar materials. The working and forming of plastic material. FOURTH YEAR. FIFTH YEAR. Industrial Safety. Advanced triangulation. Vent on sloping vent sheet. Transitional and Oblique conical sections. conical. Mitring oblique conical sections and cylinders. Rectangular pipe intersecting cylinder obliquely. Oblique pyramid and prism. Bellmouth or chute out of centre. Oblique pyramid section and prism. Semi circular to round or Transitions—oblong pipe Unequal tapering objects with flat and curved sur- to round. faces combines. Irregular breeches pieces. Oval equal and unequal tapering objects. Wheel barrow body. Elliptical cones and section. Bull nose—Rounded corner. Box letters. Practical projects. Transition elbow. To become proficient in all branches of the weld- Develop mitres in mouldings including door and ing processes applicable to this trade. window frames. To have acquired an elementary knowledge of cost- Multiple way piece—Welded—Triangulation. ing, the principles of shop planning and pro- duction. Industrial and Agricultural hoppers. To be able to work from and have a thorough Twisted rectangular pipe bends. knowledge of Mechanical and Architectural Composite models. Drawings as applicable to this trade. Power brakes, mechanical and hydraulic, safety in The working and forming of plastic material. use. Setting and adjustment and bending Where metal spinning is undertaken within an sequences. establishment an apprentice employed in his Continuing proficiency in oxy cutting, argon weld- last year should have some knowledge of this ing, micro-inert gas welding, metallic arc weld- activity. ing. Plastic welding. Industrial Safety. Knowledge of the principles of the power fixing tool H. PROTHERO, and to become proficient in its use (with the R. C. PURDIE, object of obtaining license). > G. BLENCOWE, Metal Finishing: Types of wheels, speeds and grits. L. W. BENNETTS, Sanding: Types of discs and techniques. Examiners.