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Metal Trades (General) Award 1. - AWARD STRUCTURE 1.1 - TITLE This Award shall be known as the "Metal Trades (General) Award" as amended and consolidated and to the extent shown in the First Schedule to this Award replaces the several awards and industrial agreements set forth in that schedule and, with respect to construction work, replaces the several orders set out in the said schedule. 1.2 - ARRANGEMENT 1. AWARD STRUCTURE 1.1 Title 1.2 Arrangement 1.3 Area and Scope 1.4 Equal Opportunity 1.5 Division of Award 1.6 Definitions and Classification Structure 1.7 Award Modernisation PART 1 – GENERAL 2. CONTRACT OF EMPLOYMENT 2.1 Contract of Service 2.2 Training 2.3 Redundancy 2.4 Introduction of Change 3. HOURS OF WORK 3.1 Hours 3.2 Overtime 3.3 Shift Work 4. RATES OF PAY 4.1 Minimum Adult Award Wage 4.2 Supported Wage System for Employees with Disabilities 4.3 Apprentices 4.4 Junior Employees 4.5 Part time Employment

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Metal Trades (General) Award

1. - AWARD STRUCTURE

1.1 - TITLE

This Award shall be known as the "Metal Trades (General) Award" as amended and consolidated and to the extent shown in the First Schedule to this Award replaces the several awards and industrial agreements set forth in that schedule and, with respect to construction work, replaces the several orders set out in the said schedule.

1.2 - ARRANGEMENT

1. AWARD STRUCTURE

1.1 Title1.2 Arrangement1.3 Area and Scope1.4 Equal Opportunity1.5 Division of Award1.6 Definitions and Classification Structure 1.7 Award Modernisation

PART 1 – GENERAL

2. CONTRACT OF EMPLOYMENT

2.1 Contract of Service2.2 Training2.3 Redundancy2.4 Introduction of Change

3. HOURS OF WORK

3.1 Hours3.2 Overtime3.3 Shift Work

4. RATES OF PAY

4.1 Minimum Adult Award Wage4.2 Supported Wage System for Employees with Disabilities4.3 Apprentices4.4 Junior Employees4.5 Part time Employment4.6 Payment of Wages4.7 Time and Wages Record4.8 Wages and Supplementary Payments4.9 Traineeships

5. ALLOWANCES AND FACILITIES

5.1 Higher Duties5.2 Special Allowances and Facilities5.3 Car Allowance5.4 Fares and Travelling Time

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5.5 Distant Work5.6 Location Allowances

6. LEAVE

6.1 Annual Leave6.2 Sick Leave6.3 Long Service Leave6.4 Bereavement Leave6.5 Parental Leave6.6 Carer's Leave6.7 Public Holidays

7. DISPUTE RESOLUTION PROCEDURE

8. REGISTERED ORGANISATION

8.1 Right of Entry for Discussions with Employees8.2 Right of Entry to Investigate Breaches8.3 Posting of Award and Union Notices8.4 Board of Reference

9. SUPERANNUATION

PART 2 – CONSTRUCTION WORK

10. GENERAL PROVISIONS

11. DEFINITION

12. CONTRACT OF EMPLOYMENT

12.1 Contract of Service12.2 Apprentices12.3 Redundancy

13. WAGES

14. HOURS

14.1 Rest Period14.2 Shift Work

15. ALLOWANCES AND PROVISIONS 15.1 Special Allowances and Provisions15.2 Allowance for Travelling and Employment in Construction Work15.3 Distant Work15.4 Special Provision – Western Power

16. LEAVE

16.1 Annual Leave Loading

17. STRUCTURAL EFFICIENCY

18. NAMED PARTIES

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19. INDUSTRIES

Schedule 1 - Awards, Industrial Agreements and Orders Replaced

Appendix 1 - Old Classifications

Appendix 2 - Old Definitions

Appendix 3 - ABB Power Transmission Pty Ltd

Appendix 4 - Architectural Aluminium Fabrication Classification

1.3 - AREA AND SCOPE

This Award relates to each industry mentioned in Clause 19 and applies to all employees employed in each such industry in any calling mentioned in Clause 4.8 - Wages and Supplementary Payments of PART 1 - GENERAL or Clause 13. - Wages of PART 2 - CONSTRUCTION WORK of this Award.

Exclusion to scope clause – Electrical Contracting Industry

This Award shall not apply to employees who are on-hired to electrical contracting companies or to employers who are engaged in the electrical contracting industry as defined under the terms of the Electrical Contracting Industry Award R 22 of 1978.

1.4 - EQUAL OPPORTUNITY

The provisions of this Award shall be interpreted and applied so as not to discriminate against an employee on any ground on which discrimination in work is unlawful under the Equal Opportunity Act 1984.

1.5 - DIVISION OF AWARD

1.5.1 PART 1 – GENERAL applies to all employees covered by the Award.

1.5.2 PART 2 – CONSTRUCTION WORK applies to employees engaged on construction work defined in Clause 1.6. – Definitions and Classification Structure of PART 1.

1.5.3 Where a provision of PART 2 conflicts with a provision of PART 1, the provision of PART 2 shall prevail.

1.6 - DEFINITIONS AND CLASSIFICATION STRUCTURE

1.6.1 General:

"Apprentice" means an apprentice under the Industrial Training Act 1975.

"Cadet" means:

(1) an employee who is appointed by an employer bound by this Award solely for the purpose of being trained for an administrative or supervisory position (not being a supervisory position to which this Award applies) in the employer's business; and

(2) an employee who is a full-time student at a university, school of mines or technical college and who is employed during vacations by an employer bound by this Award solely for the purpose of giving the student practical experience necessary for the completion of the employee's course of study.

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"Casual Employee" means an employee engaged and paid as such.

"Construction work" means work on site in or in connection with:

(1) the construction of a large industrial undertaking or any large civil engineering project;

(2) the construction or erection of any multi-storey building; and

(3) the construction, erection or alteration of any other building; structure, or civil engineering project which the employer and the union or unions concerned agree or, in the event of disagreement, which the Board of Reference declares to be construction work for the purposes of this Award.

"Junior Employee" means an employee under the age of 21 years who is not an apprentice or a cadet.

"Commission" means the Western Australian Industrial Relations Commission.

"Registrar" means the Registrar of the Western Australian Industrial Relations Commission.

"the Act" means the Industrial Relations Act 1979.

1.6.2 Classification Structure and Definitions:

(1) The following classifications and definitions have superseded the old task and craft based definitions contained in Appendices 1 and 2 hereof. The following classifications specify skill and training standards and broad areas of work. The definitions recognise the National Broad Base, National Engineering Production Certificate and National Metal and Engineering Curricula modules as recognised and accredited in Western Australia by Department of Education and Training or its successor.

(2) Classifications are based on the progressive acquisition of modules of skill and/or training and application of skills and form the career path which determines the pay rate structure.

(3) Reclassification shall be on the basis of skills obtained through accredited training.

(4) Appointment to any wage level in the classification structure is contingent upon such additional work being available and required to be performed by the employer.

Wage Group Classification Title Minimum Training Requirement

*C 5 Advanced Engineering Tradesperson - Level II

Advanced Certificate or 15 modules

*C 6 Advanced Engineering Tradesperson - Level I

First Year of Advanced Certificate of 12 Modules

C 7 Engineering TradespersonSpecial Class - Level II

Nine Modules

C 8 Engineering TradespersonSpecial Class - Level I

Six Modules

C 9 Engineering Tradesperson – Level II

Three Modules

C 10 Engineering Tradesperson - Level I Engineering / Production Employee

Trade Certificate or 24 Modules of an Engineering / Production Certificate

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C 11 Engineering / Production Employee - Level IV

16 Modules of an Engineering / Production Certificate

C 12 Engineering / Production Employee -Level III

Eight Modules of an Engineering / Production Certificate

C 13 Engineering / Production Employee -Level II

In-house Training

C 14 Engineering / Production Employee -Level I

Up to 38 hours' induction training

* Refer to definitions re the training requirements.

1.6.3 Wage Group C14

(1) Engineering/Production Employee - Level I(Relativity to C1O - 78%)

An Engineering/Production Employee - Level I is an employee who undertakes up to 38 hours' induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow employees, training and career path opportunities, plant lay-out, work and documentation procedures, occupational health and safety, equal employment opportunity and quality control/assurance.

(2) An employee at this level performs routine duties essentially of a manual nature and to the level of his or her training:

(a) Performs general labouring and cleaning duties.

(b) Exercises minimal judgement.

(c) Works under direct supervision.

(d) Is undertaking structured training to enable him/her to perform work at Cl3 level.

1.6.4 Wage Group C13

(1) Engineering/Production Employee - Level II(Relativity to C1O - 82%)

An Engineering/Production Employee - Level II has completed up to three (3) months structured training so as to enable the employee to perform work within the scope of this level.

(2) At this Level an employee performs work above and beyond the skills of an employee at C14 and to the level of the employee's training:

(a) Works under direct supervision, either individually or in a team environment.

(b) Understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations and faults.

(c) Understands and utilises basic statistical process control procedures.

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(3) Indicative of the tasks which an employee at this Level may perform are the following:

(a) Repetitive work on automatic, semi-automatic or single purpose machines or equipment.

(b) Assembles components using basic written, spoken and/or diagrammatic instructions in an assembly environment.

(c) Basic soldering or butt and spot welding skills or cutting scrap with oxy-acetylene blow pipe

(d) Uses selected hand tools,

(e) Cleans boilers.

(f) Maintains simple records.

(g) Uses hand trolleys and pallet trucks.

(h) Assists in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainers.

1.6.5 Wage Group C12

(1) Engineering/Production Employee - Level III(Relativity to C1O - 87.4%)

An Engineering/Production Employee - Level III has completed an Engineering Production Certificate I or equivalent training to enable him/her to perform work within the scope of this Level.

(2) At this Level an employee performs work above and beyond the skills of an employee at C13 and to the level of his or her training -

(a) Is responsible for the quality of his or her own work, subject to routine supervision.

(b) Works under routine supervision, either individually or in a team environment.

(c) Exercises discretion within his or her level of skills and training.

(3) Indicative of the tasks which an employee at this Level may perform are the following:-

(a) Operates flexibly between assembly stations.

(b) Operates machinery and equipment which requires exercising skills and knowledge beyond that of an employee at Level Cl3.

(c) Non-trade engineering skills.

(d) Basic tracing and sketching skills

(e) Receiving, despatching, distributing, sorting, checking, packing (other than repetitive packing in a standard container or containers in which such goods are ordinarily sold), documenting and the recording of goods, materials and components.

(f) Basic inventory control in the context of a production process.

(g) Basic keyboard skills.

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(h) Advanced soldering techniques.

(i) Boiler attendant.

(j) Operation of mobile equipment including forklifts, hand trolleys, pallet trucks, overhead cranes and winch operation.

(k) Ability to measure accurately.

(l) Assists one or more tradespersons.

(m) Welding which requires the exercise of knowledge and skills above Level C13.

(n) Assists in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainers.

1.6.6 Wage Group C11

(1) Engineering/Production Employee - Level IV(Relativity to Cl0 - 92.4%)

An Engineering/Production Employee - Level IV has completed 16 Modules towards an Engineering Production Certificate II or equivalent training so as to enable the employee to perform work within the scope of this Level.

(2) At this Level an employee performs work above and beyond the skills of an employee at 012 and to the level of the employee's training:

(a) Works from complex instructions and procedures.

(b) Assists in the provision of on-the-job training to a limited degree.

(c) Co-ordinates work in a team environment or works individually under general supervision.

(d) Is responsible for assuring the quality of his or her own work.

(3) Indicative of the tasks which an employee at this Level may perform are the following:

(a) Uses precision measuring instruments.

(b) Machine setting, loading and operation.

(c) Rigging (certificated).

(d) Inventory and store control, including -

(i) licensed operation of all appropriate materials handling equipment;

(ii) use of tools and equipment within the scope of (basic non-trades) maintenance;

(iii) computer operation at a level higher than that of an employee at C12 Level.

(e) Intermediate keyboard skills.

(f) Basic engineering and fault-finding skills.

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(g) Basic quality checks on the work of others.

(h) Is licensed and certified for forklift, engine driving and crane driving operations to a level higher than C12.

(i) Has a knowledge of the employer's operations as it relates to production processes.

(j) Lubricates production machinery equipment.

(k) Assists in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainers.

1.6.7 Wage Group C10

(1) Engineering Tradesperson - Level I

An Engineering Tradesperson - Level I holds a Trade Certificate or Tradesperson's Rights Certificate as an:

Engineering Tradesperson (Automotive) Level I; or

Engineering Tradesperson (Electrical/Electronic) - Level I; or

Engineering Tradesperson (Mechanical) - Level I; or

Engineering Tradesperson (Fabrication) - Level I, and

is able to exercise the skills and knowledge of that trade.

(2) An Engineering Tradesperson - Level I works above and beyond an employee at C11 and to the level of the employee's training:

(a) Understands and applies quality control techniques.

(b) Exercises good interpersonal and communications skills.

(c) Exercises keyboard skills at a level higher than C11.

(d) Exercises discretion within the scope of this grade.

(e) Performs work under limited supervision, either individually or in a team environment.

(f) Operates all lifting equipment incidental to the employee's work.

(g) Performs non-trade tasks incidental to the employee's work.

(h) Performs work which, while primarily involving the skills of the employee's trade, is incidental or peripheral to the primary task and facilitates the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training.

(i) Is able to inspect products and/or materials for conformity with established operational standards.

1.6.8 Production Systems Employee

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(1) A Production Systems employee, while still being primarily engaged in engineering/production work, applies the skills acquired through the successful completion of an Engineering/Production Certificate Level III in the production, distribution or stores functions according to the needs of the enterprise.

(2) A Production Systems employee works above and beyond an employee at C11 and to the level of the employee's training:

(a) Understands and applies quality control techniques.

(b) Exercises good interpersonal communications skills.

(c) Exercises discretion within the scope of this grade.

(d) Exercises keyboard skills at a level higher than C11.

(e) Performs work under general supervision, either individually or in a team environment.

(f) Is able to inspect products and/or materials for conformity with established operational standards.

(3) Indicative of the tasks which an employee at this Level may perform are as follows:

(a) Approves and passes first off samples and maintains quality of product.

(b) Works from production drawings, prints or plans.

(c) Operates, sets up and adjusts all production machinery in a plant, including production process welding to the extent of training.

(d) Can perform a range of engineering maintenance function including:

(i) removal of equipment fastenings, including use of destructive cutting equipment;

(ii) lubrication of production equipment;

(iii) running adjustments to production equipment.

(e) Operates all lifting equipment.

(f) Basic production scheduling and materials handling within the scope of the production process or directly related functions within raw materials/finished goods locations in conjunction with technicians.

(g) Understands and applies computer techniques relating to production process operations.

(h) First class engine driver's certificate.

(i) Has high level stores and inventory responsibilities beyond the requirements of an employee at C11.

(j) Assists in the provision of on-the-job training in conjunction with tradespersons and trainers.

(k) Has a sound knowledge of the employer's operations as it relates to the production process.

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1.6.9 Wage Group C9

(1) Engineering Tradesperson - Level II(Relativity to C10 - 105%)

An Engineering Tradesperson - Level II is an:

Engineering Tradesperson (Automotive) - Level II; or

Engineering Tradesperson (Electrical/Electronic) - Level II; or

Engineering Tradesperson (Mechanical) - Level II; or

Engineering Tradesperson (Fabrication) - Level II,

who has completed the following training requirement, including appropriate on-the-job training:

three appropriate modules in addition to the training requirements of C10 Level;

and, where practical, the modules should be identified in the Enterprise Training Programme.

(2) An Engineering Tradesperson - Level II works above and beyond a Tradesperson at C10 and to the level of the employee's training:

(a) Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

(b) Exercises discretion within the scope of this grade.

(c) Works under general supervision, either individually or in a team environment.

(d) Understands and implements quality control techniques.

(e) Provides trade guidance and assistance as part of a work team.

(f) Exercises trade skills relevant to specific requirements of the enterprise at a level higher than Engineering Tradesperson - Level I.

(3) Tasks which an employee at this Level may perform are subject to the employee having the appropriate Trade and Post Trade Training to enable the particular tasks to be performed.

1.6.10 Wage Group C8

(1) Engineering Tradesperson Special Class - Level I(Relativity to C10 - 110%)

An Engineering Tradesperson Special Class - Level I means an:

Engineering Tradesperson Special Class (Automotive) - Level I; or

Engineering Tradesperson Special Class (Electrical/Electronic) - Level I; or

Engineering Tradesperson Special Class (Mechanical) - Level I, or

Engineering Tradesperson Special Class (Fabrication) - Level I;

who has completed the following training requirements including appropriate on-the-job training:

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six appropriate modules in addition to the training requirements of C10 Level;

and, where practical, the modules should be identified in the Enterprise Training Programme.

(2) An Engineering Tradesperson Special Class - Level I works above and beyond a Tradesperson at C9 and to the level of the employee's training:

(a) Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

(b) Provides trade guidance and assistance as part of a work team.

(c) Assists in the provision of training in conjunction with supervisors and trainers.

(d) Understands and implements quality control techniques.

(e) Works under limited supervision, either individually or in a team environment.

(3) The following tasks are indicative of what an employee at this level may perform, subject to the employee having the appropriate Trade and Post Trade Training to enable the particular tasks to be performed:

(a) Exercises high precision trade skills using various materials and/or specialised techniques.

(b) Performs operations on a CAD/CAM (Computer Aided Drafting/Computing Aided Manufacturing) terminal in the performance of routine modifications to NC/CNC (Numerical Control/Computer Numeric Control) programmes.

(c) Installs, repairs, maintains, tests, modifies, commissions and/or fault-finds complex machinery and equipment which utilises hydraulic and/or pneumatic principles and, in the course of such work, reads and understands hydraulic and pneumatic circuitry which controls fluid power systems.

(d) Works on complex or intricate circuitry which involves examining, diagnosing and modifying systems comprising inter-connected circuits.

1.6.11 Wage Group C7

(1) Engineering Tradesperson Special Class - Level II(Relativity to C10 - 115%)

An Engineering Tradesperson Special Class - Level II means an:

Engineering Tradesperson Special Class (Automotive) - Level II; or

Engineering Tradesperson Special Class (Electrical/Electronic) - Level II; or

Engineering Tradesperson Special Class (Mechanical) - Level II; or

Engineering Tradesperson Special Class (Fabrication) - Level II,

who has completed the following training requirement, including appropriate on-the-job training:

three appropriate modules which are qualitatively higher than, and in addition to, the training requirements of C 8 Level;

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and, where practical, the modules should be identified in the Enterprise Training Programme.

(2) An Engineering Tradesperson Special Class - Level II works above and beyond a Tradesperson at C8 and to the level of the employee's training:

(a) Exercises the skills attained through satisfactory completion of the training prescribed for this classification.

(b) Is able to provide trade guidance and assistance as part of a work team.

(c) Provides training in conjunction with supervisors and trainers.

(d) Understands and implements quality control techniques.

(e) Works under limited supervision, either individually or in a team environment.

(3) The following tasks are indicative of what an employee at this Level may perform, subject to the employee having the appropriate Trade and Post Trade Training to enable the particular tasks to be performed:

(a) Works on machines or equipment which utilise complex mechanical, hydraulic and/or pneumatic circuitry and controls, or a combination thereof.

(b) Works on machinery or equipment which utilises complex electrical/electronic circuitry and controls.

(c) Works on instruments which make up a complex control system which utilises some combination of electrical, electronic, mechanical or fluid power principles.

(d) Applies advanced computer numerical control techniques in machining or cutting or welding or fabrication.

(e) Exercises intermediate CAD/CAM skills in the performance of routine modifications to programmes.

(f) Works on complex or intricate interconnected electrical circuits at a Level above C8.

(g) Works on complex radio/communication equipment.

1.6.12 Wage Group C6

* The Advanced Certificates and Associate Diplomas noted in this definition do not equate to existing TAFE qualifications of the same name and possession of such qualifications does not of itself justify classification of an employee at this level.

(1) Advanced Engineering Tradesperson - Level I(Relativity to ClQ - 125%)

An Advanced Engineering Tradesperson Level I means an:

Advanced Engineering Tradesperson (Automotive) - Level I; or

Advanced Engineering Tradesperson (Electrical/Electronic) - Level I; or

Advanced Engineering Tradesperson (Mechanical) - Level I; or

Advanced Engineering Tradesperson (Fabrication) - Level I;

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who has completed, (including appropriate on-the-job training):

12 modules of an Advanced Certificate; or

12 modules of an Associate Diploma; or

equivalent accredited training,

and, where practical, the modules should be identified in the Enterprise Training Programme.

(2) An Advanced Engineering Tradesperson - Level I works above and beyond a Tradesperson at C7 and to the level of the employee's training:

(a) Undertakes quality control and work organisation at a Level higher than C7.

(b) Provides trade guidance and assistance as part of a work team.

(c) Assists in the training of employees in conjunction with supervisors/trainers.

(d) Performs maintenance planning and predictive maintenance work other than in technical fields.

(e) Works under limited supervision, either individually or in a team environment.

(f) Prepares reports of a technical nature on specific tasks or assignments as directed.

(g) Exercises broad discretion within the scope of this Level.

(3) The following are indicative of tasks which an employee at this Level may perform, subject to the employee having the appropriate Trade and Post Trade Training to enable the particular tasks to be performed:

(a) Work on combinations of machines or equipment which utilises complex electronic, mechanical and fluid power principles.

(b) Work on instruments which make up a complex control system that utilise some combination of electrical, electronic, mechanical, fluid power principles and electronic circuitry containing complex analogue and/or digital control systems utilising integrated circuitry.

(c) Application of computer integrated manufacturing techniques involving a higher level of computer operating and programming skills than for Level C7.

(d) Work on various forms of machinery and equipment which are electronically controlled by complex digital and/or analogue control systems using integrated circuitry.

1.6.13 Wage Group C5

* The Advanced Certificates and Associate Diplomas noted in this definition do not equate to existing TAFE qualifications of the same name and possession of such qualifications does not of itself justify classification of an employee at this level.

(1) Advanced Engineering Tradesperson - Level II(Relativity to C10 - 130%)

An Advanced Engineering Tradesperson - Level II means an:

Advanced Engineering Tradesperson (Automotive) - Level II; or

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Advanced Engineering Tradesperson (Electrical/Electronic) Level II; or

Advanced Engineering Tradesperson (Mechanical) - Level II or

Advanced Engineering Tradesperson (Fabrication) - Level II,

who has completed (including appropriate on-the-job training) -

an Advanced Certificate; or

15 modules of an Associate Diploma; or

equivalent accredited training,

and, where practical, the modules should be identified in the Enterprise Training Programme.

(2) An Advanced Engineering Tradesperson - Level II works above and beyond a Tradesperson at C6 and to the level of the employee's training:

(a) Provides technical guidance or advice within the scope of this level.

(b) Prepares reports of a technical nature on specific tasks or assignments as directed, or within the scope of discretion at this level.

(c) Has an over-all knowledge and understanding of the operating principle of the systems and equipment on which the Tradesperson is required to carry out the task.

(d) Assists in the provision of on-the-job training in conjunction with supervisors and trainers.

(3) The following are indicative of the tasks an employee at this level may perform, subject to the employee having the appropriate Trade and Post Trade Training to enable the particular tasks to be performed:

(a) Through a systems approach is able to exercise high level diagnostic skills on complex forms of machinery, equipment and instruments which utilise some combination of electrical, electronic, mechanical or fluid power principles.

(b) Sets up, commissions, maintains and operates sophisticated maintenance, production and test equipment and/or systems involving the application of computer operating skills at a higher level than C6.

(c) Works on various forms of machinery and equipment electronically controlled by complex digital and/or analogue control systems using integrated circuitry.

(d) Works on complex electronics or instruments or communications equipment or control systems which utilise electronic principles and electronic circuitry containing complex analogue and/or digital control systems using integrated circuitry.

1.7 - AWARD MODERNISATION

1.7.1 The parties are committed to modernising the terms of the Award so that it provides more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

1.7.2 The parties commit themselves to the following principles as part of the structural efficiency process and have agreed to participate in a testing process in accordance with the provisions of this clause -

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(1) Acceptance in principle that the new award skill level definitions will be more suitable for the needs of the industry, sometimes more broadly based, in other matters more truly reflective of the different skill levels of the tasks now performed, but which shall incorporate the ability for an employee to perform a wider range of duties where appropriate.

(2) The parties will create a genuine career path for employees which allows advancement based on industry accreditation and access to training.

(3) Co-operation in the transition from the old structure to the new structure in an orderly manner without creating false expectations or disputation.

PART 1 - GENERAL

2. - CONTRACT OF EMPLOYMENT

2.1 - CONTRACT OF SERVICE

2.1.1 (1) A contract of service to which PART 1 - GENERAL of this Award applies may be terminated in accordance with the provisions of this clause and not otherwise but this subclause does not operate so as to prevent any party to a contract from giving a greater period of notice than is hereinafter prescribed, nor to affect an employer's right to dismiss an employee without notice for serious misconduct, and an employee so dismissed shall be paid for the time worked up to the time of dismissal only.

(2) For the purposes of 2.1.1(1), the definition of "serious misconduct" is misconduct, including conduct as defined by regulation 12.10 of Division 4 of Part 12 of Chapter 2 of the Workplace Relations Regulations 2006, of such a nature that it would be unreasonable to require the employer to continue the employment of the employee concerned during the required period of notice.

(3) Subject to the provisions of this clause, a party to a contract of service may, on any day give to the other party the appropriate period of notice of termination of the contract prescribed in 2.1.2 and the contract terminates when that period expires.

2.1.2 Notice of Termination by Employer

(1) In order to terminate the employment of an employee the employer shall give the employee the following notice:

PERIOD OF CONTINUOUS SERVICE WITH THE EMPLOYER

PERIOD OF NOTICE

Not more than 1 year At least 1 week

More than 1 year but less than 3 years At least 2 weeks

More than 3 years but less than 5 years At least 3 weeks

More than 5 years At least 4 weeks

(2) An employee who at the time of being given notice is over 45 years of age and who at the date of termination has completed two years' continuous service with the employer, shall be entitled to one week's notice in addition to the notice prescribed in 2.1.2(1).

(3) Payment in lieu of the notice prescribed in 2.1.2(1) and 2.1.2(2) shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

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(4) In calculating any payment in lieu of notice the employer shall pay the employee an amount that is equal to, or exceeds, the total of all amounts that, if the employee's employment had continued until the end of the required notice period, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be worked out on the basis of:

(a) the employee's ordinary hours of work (even if they are not standard hours); and

(b) the amounts ordinarily payable to the employee in respect of those hours, including for example, allowances, loadings and penalties; and

(c) any other amounts payable under the employee's contract of employment.

(5) The period of notice in this subclause shall not apply in the case of probationary employees where the duration of the probation is three months or for a longer period and is reasonable having regard to the nature and the circumstances of the employment, apprentices, trainees engaged under a traineeship agreement or an approved traineeship, employees engaged for a specific period of time or for a specific task or tasks, or short-term casual employees.

(6) For the purposes of this clause a "short-term casual employee" refers to any casual employee, other than a casual employee with at least twelve (12) months regular and systematic employment who would, but for the decision to terminate his or her employment, have a reasonable expectation of continuing employment.

(7) For the purpose of this clause continuity of service shall be calculated in accordance with regulation 12.11 of Division 4 of Part 12 of Chapter 2 of the Workplace Relations Regulations 2006.

(8) In order to terminate the employment of a short-term casual employee the employer shall give the employee one hour's notice, or one hour's wages in lieu of notice.

(9) The provisions of this subclause shall not apply in any case where the employee's contract of service is changed from PART 1 - GENERAL to PART 2 – CONSTRUCTION WORK, of this Award.

(10) An employee is not entitled to notice under this clause where the termination of employment occurs because of succession, assignment or transmission of the business of the employer to another person and the requirements of regulation 12.13(1)(a) and (b) of Division 4 of Part 12 of Chapter 2 of the Workplace Relations Regulations 2006 are met.

2.1.3 Notice of Termination by Employee

(1) The notice of termination required to be given by an employee shall be the same as that required of an employer, save and except that there shall be no additional notice based on the age of the employee concerned, and the required period of notice to be given by any casual employee (whether or not a short-term casual employee) shall be one hour.

(2) If an employee fails to give the required notice or having given, or been given, such notice leaves before the notice expires, the employee forfeits the entitlement to any moneys owing to the employee under this Award except to the extent that those moneys exceed the ordinary wages for the required period of notice.

2.1.4 Time Off During Notice Period

(1) During the period of notice of termination given by the employer an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

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(2) If an employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

2.1.5 Statement of Employment

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of employment and the classification or the type of work performed by the employee.

2.1.6 Absence From Duty

The employer shall be under no obligation to pay for any day not worked upon which the employee is required to present for duty, except when such absence is due to paid leave to which the employee is entitled under the provisions of this Award.

2.1.7 Standing Down of Employees

(1) (a) The employer is entitled to deduct payment for any day or part of a day on which an employee (including an apprentice) cannot be usefully employed because of industrial action by any of the unions party to this Award, or by any other association or union.

(b) If an employee is required to attend for work on any day but because of failure or shortage of electric power work is not provided, such employee shall be entitled to two hours' pay and further, where any employee commences work he or she shall be provided with four hours' employment or be paid for four hours' work.

(2) The provisions of 2.1.7(1) also apply where the employee cannot be usefully employed through any cause which the employer could not reasonably have prevented but only if, and to the extent that, the employer and the union or unions concerned so agree or, in the event of disagreement, the Board of Reference so determines.

(3) Where the stoppage of work has resulted from a breakdown of the employer's machinery the Board of Reference, in determining a dispute under 2.1.7(2), shall have regard for the duration of the stoppage and the endeavours made by the employer to repair the breakdown.

2.2 - TRAINING

2.2.1 The parties to this Award recognise that in order to increase efficiency, productivity and international competitiveness of industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:

(1) developing a more highly skilled and flexible workforce;

(2) providing employees with career opportunities through appropriate training to acquire additional skills; and

(3) removing barriers to the utilisation of skills acquired.

2.2.2 Following proper consultation in accordance with 4.8.8 in Clause 4.8 - Wages and Supplementary Payments, or through the establishment of a training committee, an employer shall develop a training programme consistent with:

(1) the current and future skill needs of the enterprise;

(2) the size, structure and nature of the operations of the enterprise;

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(3) the need to develop vocational skills relevant to the enterprise and the metal and engineering industry through courses conducted by accredited educational institutions and providers.

2.2.3 Where it is agreed that a training committee be established, such training committee shall be constituted by equal numbers of employer and employee representatives and have a charter which clearly states its role and responsibilities, for example -

(1) formulation of a training programme and availability of training courses and career opportunities to employees;

(2) dissemination of information on the training programme and availability of training courses and career opportunities to employees;

(3) the recommending of individual employees for training and reclassification;

(4) monitoring and advising management and employees regarding the ongoing effectiveness of the training.

2.2.4 (1) Where, as a result of consultation in accordance with 4.8.8 of Clause 4.8 - Wages and Supplementary Payments or through a training committee and/or with the employee concerned, it is agreed that additional training in accordance with the programme developed pursuant to 2.2.2 should be undertaken by an employee, that training may be undertaken either on or off the job and if the training is undertaken during ordinary working hours, the employee concerned shall not suffer any loss of pay. The employer shall not unreasonably withhold such paid training leave.

(2) Any costs associated with standard fees for prescribed courses and prescribed textbooks (excluding those textbooks which are available in the employer's technical library) incurred with the undertaking of training shall be reimbursed by the employer upon production of evidence of such expenditure. Provided that reimbursement shall be on an annual basis, subject to the presentation of reports of satisfactory progress.

(3) Travel costs incurred by an employee undertaking training in accordance with this clause, which exceed those normally incurred in travelling to and from work, shall be reimbursed by the employer.

2.2.5 Subclauses 2.2.2, 2.2.3 and 2.2.4 shall operate as interim provisions and shall be reviewed after nine months' operation. In the meantime, the parties shall monitor the effectiveness of those interim provisions in encouraging the attainment of the objectives detailed in 2.2.1. In this connection, the unions reserve the right to press for the mandatory prescription of a minimum number of training hours per annum, without loss of pay, for an employee undertaking training to meet the needs of an individual enterprise and the metal and engineering industry.

2.2.6 Any disputes arising in relation to 2.2.2 and 2.2.3 shall be subject to the provisions of Clause 7. - Dispute Resolution Procedure of this Award.

2.3 - REDUNDANCY

2.3.1 Discussions Before Terminations

Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with their union or unions in the manner required by Clause 2.4 – Introduction of Change.

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2.3.2 Transfer to Lower Paid Duties

Where an employee is transferred to lower paid duties for reasons set out in 2.3.1 the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to had the employment been terminated, and the employer may at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary weekly rate of wage and the new lower ordinary weekly rate of wage for the number of weeks of notice still owing.

2.3.3 Severance Pay

(1) In addition to the period of notice prescribed in 2.1.2(1) in Clause 2.1 - Contract of Service, of this Award, for ordinary termination, and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in 2.3.1 shall be entitled to the following amount of severance pay in respect of a continuous period of service: Provided that the entitlement of any employee whose employment terminates on or before 1 February 2006 shall not exceed 8 weeks’ pay.

PERIOD OF CONTINUOUS SERVICE SEVERANCE PAY

Less than 1 year Nil1 year and less than 2 years 4 weeks' pay2 years and less than 3 years 6 weeks' pay3 years and less than 4 years 7 weeks' pay4 years and less than 5 years 8 weeks' pay5 years and less than 6 years 10 weeks' pay6 years and less than 7 years 11 weeks' pay7 years and less than 8 years 13 weeks' pay8 years and less than 9 years 14 weeks' pay9 years and less than 10 years 16 weeks' pay10 years and over 12 weeks' pay

"Weeks' Pay" means the ordinary weekly rate of wage for the employee concerned.

Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.

(2) For the purpose of this clause continuity of service shall not be broken on account of -

(a) any interruption or termination of the employment by the employer if such interruption or termination has been made merely with the intention of avoiding obligations hereunder in respect of leave of absence;

(b) any absence from work on account of paid leave or on account of leave lawfully granted by the employer; or

(c) any absence with reasonable cause, proof whereof shall be upon the employee;

Provided that in the calculation of continuous service under this subclause any time in respect of which an employee is absent from work except time for which an employee is entitled to claim paid leave shall not count as time worked.

(3) Service by the employee with a business which has been transmitted from one employer to another and the employee’s service has been deemed continuous in accordance with section 6 of the Long Service Leave Act 1958 shall also constitute continuous service for the purpose of this clause.

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2.3.4 Employee Leaving During Notice

An employee whose employment is to be terminated for reasons set out in 2.3.1 may terminate employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

2.3.5 Alternative Employment

An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

2.3.6 Time Off During Notice Period

(1) During the period of notice of termination of employment given by an employer, an employee whose employment is to be terminated for reasons set out in 2.3.1 that employee shall for the purpose of seeking other employment shall be entitled to be absent from work during each week of notice up to a maximum of eight ordinary hours without deduction of pay. The eight hours need not be consecutive.

(2) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. The employee is required to provide to the employer evidence that would satisfy a reasonable person of the entitlement.

2.3.7 Notice to CentreLink

Where a decision has been made to terminate employees in the circumstances outlined in 2.3.1, the employer shall notify CentreLink or its successor thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

2.3.8 Superannuation Benefits

(1) Subject to further order of the Commission where an employee, who is terminated receives a benefit from a superannuation scheme, the employee shall only receive under 2.3.3 the difference between the severance pay specified in that subclause and the amount of the superannuation benefit the employee receives which is attributable to employer contributions only.

(2) If the superannuation benefit is greater than the amount due under 2.3.3 then the employee shall receive no payment under that subclause.

(3) Provided that benefits arising directly or indirectly from contributions made by an employer in accordance with an award, agreement or order made or registered under the Act shall not be taken into account unless the Commission so orders in a particular case.

2.3.9 Employees With Less Than One (1) Year's Service

Except for clause 2.3.1, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers should be no more than to comply with Clause 2.4 – Introduction of Change and to give relevant employees an indication of the impending redundancy at the first reasonable opportunity and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

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2.3.10 Employees Exempted

This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal including malingering, inefficiency or neglect of duty or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks.

2.3.11 Employers Exempted

Subject to an order of the Commission, in a particular redundancy case, this clause shall not apply to employers who employ less than fifteen (15) employees.

2.3.12 Incapacity to Pay

An employer, in a particular redundancy case may make application to the Commission to have the general severance pay prescription varied on the basis of the employer's incapacity to pay.

2.3.13 Dispute Settling Procedure

Any dispute under these provisions shall be referred to the Commission.

2.4 - INTRODUCTION OF CHANGE

2.4.1 Employer's Duty to Notify

(1) Where an employer has made a definite decision to introduce major changes in production, programme, organisation, structure or technology that are likely to have "significant effects" on employees, the employer shall notify the employees who may be affected by the proposed changes and their union or unions.

(2) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

2.4.2 Employer's Duty to Discuss Change

(1) The employer shall discuss with the employees affected and their union or unions, the introduction of the changes referred to in 2.4.1, among other things, the effects the changes are likely to have on employees, measures to avoid or minimise effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or their unions in relation to the changes.

(2) The discussion shall commence as soon as is reasonably practicable after a definite decision has been made by the employer to make the changes referred to in 2.4.1.

(3) For the purpose of such discussion, the employer shall provide in writing to the employees concerned and their union or unions, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on employees and other matters likely to affect employees provided that any employer shall not be required to disclose information the disclosure of which may seriously harm the employer’s business undertaking or the employer’s interest in the carrying on, or disposition, of the business undertaking.

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3. - HOURS OF WORK

3.1 - HOURS

3.1.1 (1) The provisions of this subclause apply to all employees other than those engaged on continuous shift work.

(2) Subject to the provisions of 3.1.3 and 3.1.4 the ordinary hours of the work shall be an average of 38 per week to be worked on one of the following bases.

(a) 38 hours within a work cycle not exceeding seven (7) consecutive days; or

(b) 76 hours within a work cycle not exceeding fourteen (14) consecutive days; or

(c) 114 hours within a work cycle not exceeding twenty-one (21) consecutive days; or

(d) 152 hours within a work cycle not exceeding twenty-eight (28) consecutive days; or

(e) where the ordinary hours being worked each day are in accordance with 3.1.1(5)(b), any other work cycle during which a weekly average of 38 ordinary hours are worked; or

(f) for the purposes of 3.1.3(6) any other work cycle during which a weekly average of 38 ordinary hours are worked as may be agreed in accordance with 3.1.3(6).

(3) The ordinary hours of work may be worked on any or all days of the week, Monday to Friday inclusive, and except in the case of shift employees, shall be worked between the hours of 6.00 a.m. and 6.00 p.m. Provided that the provisions of this subclause may be altered by agreement between the employer and the majority of employees in the plant, section or sections concerned.

(4) Where the first night shift in any week commences on Monday night, the night shift commencing on Friday and finishing not later than 8.00 a.m. on Saturday of that week, shall be deemed to have been worked in ordinary working hours.

(5) The ordinary hours of work prescribed herein shall not exceed ten (10) any day. Provided that -

(a) in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight on any day, the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the plant, section or sections concerned; and

(b) by arrangement between the employer and the majority of employees in the plant, section or sections concerned, ordinary hours, not exceeding twelve (12) on any day, may be worked subject to:-

(i) the employer and the employees concerned being guided by the Occupational Health and Safety provisions of the ACTU Code of Conduct on 12 Hour Shifts (as exhibited in the Commission on 11 April 1990);

(ii) proper health monitoring procedures being introduced;

(iii) suitable roster arrangements being made; and

(iv) proper supervision being provided.

(c) Subject to the provisions of 3.1.1(5)(a) and 3.1.1(5)(b), twelve (12) hour shifts may be worked provided the employer has given the relevant union or unions concerned notice in writing that such shifts are to be worked.

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(6) The ordinary hours of work shall be consecutive except for a meal interval which shall not exceed one hour, and -

(a) An employee shall not be compelled to work for more than five (5) hours without a meal interval except where an alternative arrangement is entered into as a result of discussions.

(b) By arrangement between an employer and the majority of employees in the plant, section or sections concerned, an employee or employees may be required to work in excess of five (5) hours, but not more than six (6), at ordinary rates of pay without a meal break.

(c) The time of taking a scheduled meal break or rest break by one or more employees may be altered by the employer if it is necessary to do so in order to meet a requirement for continuity of operations.

(d) An employer may stagger the time of taking a meal or rest break to meet operational requirements.

(e) When an employee is required for duty during the employee's usual meal interval and the meal interval is thereby postponed for more than half an hour, the employee shall be paid at overtime rates until the employee gets the meal interval.

(7) (a) Subject to the provisions of this paragraph, a rest period of seven (7) minutes from the time of ceasing to the time of resumption of work shall be allowed each morning.

(b) The rest period shall be counted as time off duty without deduction of pay and shall be arranged at a time and in a manner to suit the convenience of the employer.

(c) Refreshments may be taken by employees during the rest period but the period of seven (7) minutes shall not be exceeded under any circumstances.

(d) An employer who satisfies the Commission that any employee has breached any condition expressed or implied in this paragraph may be exempted from liability to allow the rest period.

(e) In an establishment in which the majority of employees are not subject to this Award, the provisions of this paragraph do not apply but any employee to whom this Award applies shall be entitled to the rest period, if any, which may be allowed to the aforesaid majority.

(8) (a) In an establishment in which the majority of employees are not subject to this Award, the ordinary working hours of an employee who is employed on maintenance work may be worked from Monday to Saturday noon, inclusive, but only if

(i) the employee is paid at the rate of time and one quarter for ordinary hours worked on Saturdays up to 12 noon;

(ii) the ordinary hours of the aforesaid majority may include work on Saturdays; and

(iii) the business of that establishment is carried on on Saturdays.

(b) Notwithstanding the provisions of this Award contained elsewhere than in this paragraph, when New Year's Day, Anzac Day, Christmas Day or Boxing Day falls on a Saturday an employee who does not work on that Saturday is nevertheless entitled to be paid for each of the two weeks preceding that Saturday the ordinary weekly wage and the starting and/or finishing time on any day or days in those two weeks may be varied by the employer so that the ordinary hours usually worked by an

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employee between Monday and Friday (both inclusive) may be increased in each of those weeks by the ordinary hours usually worked by that employee on Saturday.

This paragraph does not apply to a casual employee.

(9) In the week commencing on the Monday immediately preceding Good Friday, the ordinary working hours of any employee employed by an employer who is bound by an Award applying to Shop Assistants in the area in which the business is carried on, shall be increased on each of the days Monday to Thursday inclusive by 1/5 th of the ordinary hours usually worked by that employee on the Saturday following Good Friday.

3.1.2 (1) The provisions of this subclause apply only to employees engaged on continuous shift work.

(2) Subject to the provisions of 3.1.3 the ordinary hours of continuous shift employees shall average 38 per week (inclusive of crib time) and shall not exceed 152 hours in twenty-eight (28) consecutive days.

Provided that, where the employer and the majority of the employees concerned agree, a roster system may operate on the basis that the weekly average of 38 ordinary hours is achieved over a period which exceeds twenty-eight (28) consecutive days.

(3) The ordinary hours of work prescribed herein shall not exceed ten (10) on any day. Provided that -

(a) in any arrangement of ordinary working hours where the ordinary working hours are to exceed eight (8) on any day, the arrangement of hours shall be subject to agreement between the employer and the majority of employees in the plant, section or sections concerned; and

(b) by agreement between the employer and the majority of employees in the plant, section or sections concerned, ordinary hours, not exceeding twelve (12) on any day, may be worked subject to -

(i) the employer and the employees concerned being guided by the Occupational Health and Safety provisions of the ACTU Code of Conduct on 12 Hour Shifts (as exhibited in the Commission on 11 April 1990);

(ii) proper health monitoring procedures being introduced;

(iii) suitable roster arrangements being made; and

(iv) proper supervision being provided.

(c) Subject to the provisions of 3.1.2(3)(a) and 3.1.2(3)(b), twelve (12) hour shifts may be worked provided the employer has given the relevant union or unions concerned notice in writing that such shifts are to be worked.

3.1.3 (1) Except as provided in 3.1.3(3) the method of implementation of the 38 hour week may be any one of the following:

(a) by employees working less than eight (8) ordinary hours each day; or

(b) by employees working less than eight (8) ordinary hours on one (1) or more days each week; or

(c) by fixing one (1) day of ordinary working hours on which all employees will be off duty during a particular work cycle; or

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(d) by rostering employees off duty on various days of the week during a particular work cycle so that each employee has one day of ordinary working hours off duty during that cycle; or

(e) except in the case of continuous shift employees where the ordinary hours of work are worked within an arrangement as provided in 3.1.3(1)(c) or 3.1.3(1)(d), any day off duty shall be arranged so that it does not coincide with a holiday prescribed in 6.7.1 of Clause 6.7 - Public Holidays of this Award.

(2) In the absence of an agreement at plant level, the procedure for resolving special, anomalous or extraordinary problems shall be as follows:

(a) Consultation shall take place within the particular establishment concerned.

(b) If it is unable to be resolved at establishment level, the matter shall be referred to the State Secretary of the union concerned or Assistant Secretary, at which level a conference of the parties shall be convened without delay.

(c) In the absence of agreement either party may refer the matter to the Commission.

(3) Different methods of implementation of a 38 hour week may apply to various groups or sections of employees in the plant or establishment concerned.

(4) Notice of Days off Duty.

Except as provided in 3.1.3(5) and 3.1.3(6) in cases where, by virtue of the arrangement of ordinary hours an employee, in accordance with 3.1.3(1)(c) and 3.1.3(1)(d), is entitled to a day off duty during the work cycle, then such employee shall be advised by the employer at least four (4) weeks in advance of the day to be taken off duty provided that a lesser period of notice may be agreed by the employer and the majority of employees in the plant or section or sections concerned.

(5) (a) An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with 3.1.3(1)(c) and 3.1.3(1)(d), for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.

(b) An employer and employee may by agreement substitute the day the employee is to take off for another day.

(6) Flexibility in relation to rostered days off.

Notwithstanding any other provision in this clause, where the hours of work of an establishment, plant or section are organised in accordance with 3.1.3(1)(c) and 3.1.3(1)(d) an employer, the union or unions concerned and the majority of employees in the establishment, plant, section or sections concerned may agree to accrue up to a maximum of five (5) rostered days off in special circumstances such as where there are regular and substantial fluctuations in production requirements in any year.

Where such agreement has been reached the accrued rostered days off must be taken within twelve (12) months from the date of agreement and each twelve (12) months thereafter.

It is understood between the parties that the involvement of the union or unions concerned would be necessary in cases where it or they have members in the plants concerned and not in non-union establishments.

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3.2 - OVERTIME

3.2.1 (1) The provisions of this subclause apply to all employees other than those engaged on continuous shift work.

(2) Subject to the provisions of this subclause, all work done beyond the ordinary working hours on any day, Monday to Friday, inclusive, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

For the purposes of this subclause, ordinary hours shall mean the hours of work fixed in an establishment in accordance with Clause 3.1 - Hours.

(3) (a) Work done on Saturdays after 12.00 noon or on Sundays shall be paid for at the rate of double time.

(b) Work done on any day prescribed as a holiday under this Award shall be paid for at the rate of double time and a half.

(4) Work done on Saturdays prior to 12.00 noon shall be paid for at the rate of time and one half for the first two hours and double time thereafter but this paragraph does not apply in a case to which 3.1.1(4) or 3.1.1(8) of Clause 3.1 - Hours applies.

(5) In computing overtime each day shall stand alone but when an employee works overtime which continues beyond midnight on any day, the time worked after midnight shall be deemed to be part of the previous day's work for the purposes of this subclause.

3.2.2 (1) The provisions of this subclause apply only to employees engaged on continuous shift work.

(2) Subject to the provisions of 3.2.2(3) all time worked in excess of or outside the ordinary working hours, or on a shift other than a rostered shift, shall be paid for at the rate of double time, except where an employee is called upon to work a sixth shift in not more than one week in any four weeks, when the employee shall be paid for such shift at time and a half for the first four hours and double time thereafter.

For the purposes of this subclause, ordinary hours shall mean the hours of work fixed in an establishment in accordance with 3.1.3 and 3.1.4 of Clause 3.1 - Hours.

(3) Time worked in excess of the ordinary working hours shall be paid for at ordinary rates -

(a) if it is due to private arrangements between the employees themselves; or

(b) if it does not exceed two hours and is due to a relieving employee not coming on duty at the proper time; or

(c) if it is for the purpose of effecting the customary rotation of shifts.

3.2.3 (1) The provisions of this subclause apply to all employees.

(2) Except in the case of shifts to which Clause 14.2 - Shift Work of PART 2 - CONSTRUCTION WORK of this Award applies overtime on shift work shall be based on the rate payable for shift work.

(3) (a) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that an employee has at least ten (10) consecutive hours off duty between the work of successive days.

(b) An employee (other than a casual employee) who works so much overtime between the termination of the employee's ordinary work on one day and the commencement of the employee's ordinary work on the next day that the employee has not had at least ten (10) consecutive hours off duty between those times shall, subject to this

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paragraph, be released after completion of such overtime until the employee has had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) If, on instructions of the employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at double rates until released from duty and shall then be entitled to be absent for such period of ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(d) Where an employee (other than a casual employee or an employee engaged on continuous shift work) is called into work on a Sunday or holiday prescribed under this Award preceding an ordinary working day, the employee shall, wherever reasonably practicable, be given ten consecutive hours off duty before the employee's usual starting time on the next day. If this is not practicable, then the provisions of 3.2.3(3)(b) and 3.2.3(3)(c) shall apply, the necessary changes having been made.

(e) The provisions of this paragraph shall apply in the case of shift employees who rotate from one shift to another, as if eight (8) hours were substituted for ten hours when overtime is worked -

(i) for the purpose of changing shift rosters; or

(ii) where a shift employee does not report for duty; or

(iii) where a shift is worked by arrangement between the employees themselves.

(f) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this paragraph when the actual time worked is less than three hours on such recall or on each of such recalls.

(4) When an employee is recalled to work after leaving the job:

(a) the employee shall be paid for at least three (3) hours at overtime rates;

(b) time reasonably spent in getting to and from work shall be counted as time worked.

(5) When an employee is instructed by the employer to hold in readiness at the employee's place of residence or other agreed place of residence for a call to work after ordinary hours, the employee shall be paid at ordinary rates for the time the employee so holds in readiness.

(6) Subject to the provisions of 3.2.3(7), an employee required to work overtime for more than two (2) hours shall be supplied with a meal by the employer or be paid $13.15 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required, the employee shall be supplied with each such meal by the employer or be paid $8.95 for each meal so required.

(7) The provisions of 3.2.3(6) do not apply:

(a) in respect of any period of overtime for which the employee has been notified of the requirement on the previous day or earlier.

(b) to any employee who lives in the locality in which the place of work is situated in respect of any meal for which the employee can reasonably go home.

(8) If an employee to whom 3.2.3(7)(a) applies has, as a consequence of the notification referred to in that paragraph, provided a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, the employee shall be paid, for each meal provided and not required, the appropriate amount prescribed in 3.2.3(6).

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(9) (a) An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements.

(b) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

(i) any risk to employee health and safety;

(ii) the employee's personal circumstances including any family responsibilities;

(iii) the needs of the workplace or enterprise;

(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

(v) any other relevant matter.

(c) The assignment of overtime by an employer to an employee shall be based on specific work requirements and the practice of "one in, all in" overtime shall not apply.

(d) No union or association party to this Award, or employee or employees covered by this Award, shall in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation, or restriction upon the working of overtime in accordance with the requirements of this subclause.

3.2.4 The provisions of this clause do not operate so as to require payment of more than double time rates, or double time and a half on a holiday prescribed under this Award, for any work except and to the extent that the provisions of Clause 5.2 - Special Allowances and Facilities of this Award apply to that work.

3.3 - SHIFT WORK

3.3.1 The provisions of this clause apply to shift work whether continuous or otherwise.

3.3.2 An employer may work the establishment on shifts but before doing so shall give notice of the intention to the union or unions concerned and of the intended starting and finishing times of ordinary working hours of the respective shifts.

3.3.3 (1) Where any particular process is carried out on shifts other than day shift, and less than five (5) consecutive afternoon or five (5) consecutive night shifts are worked on that process, then employees employed on such afternoon or night shifts shall be paid at overtime rates.

Provided that where the ordinary hours of work normally worked in an establishment are worked on less than five days then the provision of 3.3.3(1) shall be as if that number of consecutive shifts were substituted for five (5) consecutive shifts.

(2) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or any other day that the employer observes a shut down for the purpose of allowing a 38 hour week or on any holiday.

3.3.4 Where a shift commences at or after 11.00 p.m. on any day, the whole of that shift shall be deemed, for the purposes of this Award, to have been worked on the following day.

3.3.5 A shift employee when on afternoon or night shift shall be paid, for such fifteen per cent (15%) more than the employee's ordinary rate prescribed by this Award.

3.3.6 (1) All work performed on a rostered shift, when the major portion of such shift falls on a Saturday, Sunday or a holiday, shall be paid for as follows -

Saturday - at the rate of time and one half.

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Sunday - at the rate of time and three quarters.

Holidays - at the rate of double time.

(2) These rates shall be paid in lieu of the shift allowances prescribed in 3.3.5.

(3) Provided that the provisions of this subclause may be altered by agreement between the employer and the majority of employees in the plant, section or sections concerned where they have reached agreement to vary the ordinary hours of work under Clause 3.1 - Hours of this Award.

3.3.7 A continuous shift employee who is not required to work on a holiday which falls on the employee's rostered day off shall be allowed a day's leave with pay to be added to annual leave or taken at some other time if the employee so agrees.

4. - RATES OF PAY

4.1- MINIMUM ADULT AWARD WAGE

4.1.1 No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

4.1.2 The minimum adult award wage for full-time employees aged 21 or more is $708.90 per week payable on and from the commencement of the first pay period on or after 1 July 2017.

4.1.3 The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.

4.1.4 Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

4.1.5 Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.

4.1.6 The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

4.1.7 Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

4.1.8 Subject to this clause the minimum adult award wage shall –

(1) Apply to all work in ordinary hours.

(2) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

4.1.9 Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2017 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage

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rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

4.1.10 Adult Apprentices

(1) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $607.60 per week on and from the commencement of the first pay period on or after 1 July 2017.

(2) The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.

(3) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

(4) Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003

4.2 - SUPPORTED WAGE SYSTEM FOR EMPLOYEES WITH DISABILITIES

4.2.1 This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this Award. In the context of this clause, the following definitions will apply:

(1) "Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full Award wages because of a disability as documented in “Supported Wages System: Guidelines and Assessment Process”.

(2) "Accredited Assessor" means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.

(3) "Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.

(4) "Assessment instrument" means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

4.2.2 Eligibility Criteria

Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this Award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension. (The clause does not apply to any existing employee who has a claim against the employer that is subject to the provisions of workers’ compensation legislation or any provision of this Award relating to the rehabilitation of employees who are injured in the course of their current employment.)

The clause also does not apply to employers in respect of their facility, programme, undertaking, services or the like which receives funding under the Disability Services Act 1993 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are

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eligible for a disability support pension, except with respect to an organisation which has received recognition under section 10 or section 12A of the Act, or if a part has received recognition, that part.

4.2.3 Supported Wage Rates

Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this Award for the class of work which the person is performing according to the following schedule:

Assessed Capacity (subclause 4.2.4) % of Prescribed Award Rate10%* 10%20% 20%30% 30%40% 40%50% 50%60% 60%70% 70%80% 80%90% 90%

(Provided that the minimum amount payable shall be not less than $64.00 per week).

* Where a person’s assessed capacity is 10%, he or she shall receive a high degree of assistance and support.

4.2.4 Assessment of Capacity

For the purpose of establishing the percentage of the Award rate to be paid to an employee under this Award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:

(1) The employer and the union in consultation with the employee or, if desired by any of these; or

(2) The employer and an accredited Assessor from a panel agreed by the parties to the Award and the employee.

4.2.5 Lodgement of Assessment Instrument

(1) All assessment instruments under the conditions of this clause, including the appropriate percentage of the Award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Commission.

(2) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the Award, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten (10) working days.

4.2.6 Review of Assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

4.2.7 Other Terms and Conditions of Employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other employees covered by this Award paid on a pro-rata basis.

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4.2.8 Workplace Adjustment

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other employees in the area.

4.2.9 Trial Period

(1) In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding twelve (12) weeks, except that in some cases additional work adjustment time (not exceeding four (4) weeks) may be needed.

(2) During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

(3) The minimum amount payable to the employee during the trial period shall be no less than $64.00 per week; or, in the case of paid rates award, the amount payable to the employee during the trial period shall be $64.00 per week or such greater amount as is agreed from time to time between the parties (taking into account the CentreLink income test free areas for earnings) and inserted into this Award.

(4) Work trials should include induction or training as appropriate to the job being trialled.

(5) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under 4.2.4.

4.3 - APPRENTICES

4.3.1 Apprentices may be taken in the ratio of one apprentice for every two or fraction of two (the fraction being not less than one) tradespersons and shall not be taken in excess of that ratio unless -

(1) the union or unions concerned so agree; or

(2) the Commission so determines.

4.4 - JUNIOR EMPLOYEES

Junior employees shall not be employed in any occupation to which apprentices may be taken pursuant to the provisions of the Industrial Training Act 1975.

4.5 - PART TIME EMPLOYMENT

4.5.1 A part time employee may be engaged to work for a constant number of hours each week which having regard to the various ways of arranging ordinary hours shall average less than 38 hours per week.

4.5.2 An employee so engaged shall be paid per hour one thirty-eighth (1/38 th) of the weekly wage prescribed for the classification in which the employee is engaged.

4.5.3 An employee engaged on a part time basis shall be entitled in respect of annual leave, public holidays, sick leave, carer's leave and bereavement leave arising under this Award payment on a proportionate basis calculated as follows:

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(1) Annual Leave

Where a part time employee is entitled to a payment, either on termination or for the purpose of annual leave or at a close down, then the payment of 2.923 hours' pay prescribed by 6.1.4(2) of Clause 6.1 - Annual Leave shall be in respect of each cumulative period of 38 ordinary hours worked during the qualifying period.

(2) Public Holidays

A part time employee shall be allowed the holidays prescribed by Clause 6.7 - Public Holidays and Clause 6.1 - Annual Leave without deduction of pay in respect of each holiday which is observed on a day ordinarily worked by the part time employee.

(3) Absence Through Sickness

Notwithstanding the provisions of 6.2.1(1) of Clause 6.2 - Sick Leave the accrual of 1.4615 hours pay for each completed week of service shall be calculated on the average number of ordinary hours worked each week.

(4) Bereavement Leave

Where a part time employee would normally work on either or both of the two ordinary working days' entitlement in accordance with Clause 6.4 - Bereavement Leave of this Award the employee shall be entitled to be absent on bereavement leave on either or both of those two working days without loss of pay for the day or days concerned.

(5) Overtime

A part time employee who works in excess of the hours fixed under the contract of employment shall be paid overtime in accordance with Clause 3.2 - Overtime of this Award.

4.6 - PAYMENT OF WAGES

4.6.1 Each employee shall be paid the appropriate rate shown in Clause 4.8 - Wages and Supplementary Payments of PART 1 - GENERAL or Clause 13. - Wages of PART 2 - CONSTRUCTION WORK of this Award. Subject to 4.6.2 payment shall be pro rata where less than the full week is worked.

4.6.2 Wages shall be paid as follows:-

(1) Actual 38 ordinary hours

In the case of an employee who works 38 ordinary hours each week, wages shall be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight.

(2) Average of 38 ordinary hours

Subject to 4.6.3 and 4.6.4, in the case of an employee who works an average of 38 ordinary hours each week during a particular work cycle, wages shall be paid weekly or fortnightly according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the work cycle.

SPECIAL NOTE - Explanation of Averaging System

As provided in 4.6.2(2) an employee whose ordinary hours may be more or less than 38 in any particular week of a work cycle, is to be paid the wage on the basis of an average of 38 ordinary hours so as to avoid fluctuating wage payments each week. An explanation of the averaging system of paying wages is set out below:

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(a) Clause 3.1 - Hours in 3.1.3(1)(c) and 3.1.3(1)(d) provides that in implementing a 38-hour week the ordinary hours of an employee may be arranged so that the employee is entitled to a day off, on a fixed day or rostered day basis, during each work cycle. It is in these circumstances that the averaging system would apply.

(b) If the 38 hour week is to be implemented so as to give an employee a day off in each work cycle this would be achieved if, during a work cycle of 28 consecutive days (that is, over four consecutive weeks) the employee's ordinary hours were arranged on the basis that for three of the four weeks the employee worked 40 ordinary hours each week and in the fourth week worked 32 ordinary hours. That is, the employee would work for 8 ordinary hours each day, Monday to Friday inclusive for three weeks and 8 ordinary hours on four days only in the fourth week - a total of 19 days during the work cycle.

(c) In such a case the averaging system applies and the weekly wage rates for ordinary hours of work applicable to the employee shall be the average weekly wage rates set out for the employee's classification in Clause 4.8 - Wages and Supplementary Payments of PART 1 - GENERAL or Clause 13 - Wages of PART 2 - CONSTRUCTION WORK of this Award, and shall be paid each week even though more or less than 38 ordinary hours are worked that week.

In effect, under the averaging system, the employee accrues a "credit" each day the employee works actual ordinary hours in excess of the daily average which would otherwise be 7 hours 36 minutes. This "credit" is carried forward so that in the week of the cycle that the employee works only four days, the actual pay would be for an average of 38 ordinary hours even though, that week, the employee works a total of 32 ordinary hours.

Consequently, for each day an employee works 8 ordinary hours the employee accrues a "credit" of 24 minutes (0.4 hours). The maximum "credit" the employee may accrue under this system is 0.4 hours on 19 days; that is, a total of 7 hours 36 minutes.

(d) As provided in 4.6.3, an employee will not accrue a "credit" for each day the employee is absent from duty other than on paid leave.

4.6.3 Absences from Duty

(1) An employee whose ordinary hours are arranged in accordance with 3.1.3(1)(c) or 3.1.3(1)(d) of Clause 3.1 - Hours of this Award and who is paid wages in accordance with 4.6.2(1) and is absent from duty (other than on paid leave) shall, for each day the employee is so absent, lose average pay for that day calculated by dividing the employee's average weekly wage rate by 5.

An employee who is so absent from duty for part of a day shall lose average pay for each hour the employee is absent by dividing the employee's average daily pay rate by 8.

(2) Provided when such an employee is absent from duty for a whole day the employee will not accrue a "credit" because the employee would not have worked ordinary hours that day in excess of 7 hours 36 minutes for which the employee would otherwise have been paid. Consequently, during the week of the work cycle the employee is to work less than 38 ordinary hours the employee will not be entitled to average pay for that week. In that week, the average pay will be reduced by the amount of the "credit" the employee does not accrue for each whole day during the work cycle the employee is absent.

The amount by which an employee's average weekly pay will be reduced when the employee is absent from duty (other than on paid leave) is to be calculated as follows:

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Total of "credits" not accrued during cycle

xaverage weekly pay

38

Examples

1 Employee takes one day off without authorisation in first week of cycleWeek of Cycle Payment1st week = average weekly pay less one day's pay (i.e. 1/5th)2nd & 3rd weeks = average weekly pay each week4th Week = average pay less credit not accrued on day of absence

= average pay less 0.4 hours x (average weekly pay / 38)

2. Employee takes each of the 4 days off without authorisation in the 4th week.Week of Cycle Payment1st, 2nd & 3rd weeks = average pay each week4th week = average pay less 4/5ths of average pay for the four days absent less

total of credits not accrued that week= 1/5th average pay less 4 x 0.4 hours x (average weekly pay / 38)= 1/5th average pay less 1.6 hours x (average weekly pay / 38)

4.6.4 Alternative Method of Payment

An alternative method of paying wages to that prescribed by 4.6.2 and 4.6.3 may be agreed between the employer and the majority of the employees concerned.

4.6.5 Day Off Coinciding with Pay Day

In the event that an employee, by virtue of the arrangement of the employee's ordinary working hours, is to take a day off duty on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day. Provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

4.6.6 Payment by Cheque or Electronic Fund Transfer

Where an employee and the employer agree, the employee's wages may be paid by cheque or direct transfer into the employee's bank (or other recognised financial institution) account. Notwithstanding this provision, if the employer and the majority of employees agree, all employees may be paid their wages by cheque or direct transfer into an employee's bank (or other recognised financial institution) account.

4.6.7 Termination of Employment

An employee who lawfully leaves the employment or is dismissed for reasons other than misconduct shall be paid all monies due at the termination of service with the employer.

Provided that in the case of an employee whose ordinary hours are arranged in accordance with 3.1.3(1)(c) or 3.1.3(1)(d) of Clause 3.1 - Hours of this Award and who is paid average pay and who has not taken the day off due to the employee during the work cycle in which the employment is terminated, the wages due to that employee shall include a total of credits accrued during the work cycle as detailed in the Special Note following 4.6.2(2).

Provided further, where the employee has taken a day off during the work cycle in which the employment is terminated, the wages due to that employee shall be reduced by the total of credits which have not accrued during the work cycle.

4.6.8 Details of Payments to be Given

Where an employee requests the employer to state in writing with respect to each week's wages the amount of wages to which the employee is entitled, the amount of deductions made therefrom, the net

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amount being paid, and the number of hours worked, the employer shall do so not less than two (2) hours before the employee is paid.

4.6.9 Calculation of Hourly Rate

Except as provided in 4.6.3 the ordinary rate per hour shall be calculated by dividing the appropriate weekly rate by 38.

4.7 - TIME AND WAGES RECORD

4.7.1 In this clause

"relevant person" means:

(1) the employee concerned;

(2) if the employee is a represented person, his or her representative;

(3) a person authorised in writing by the employee; and

(4) an officer referred to in section 93 of the Act authorised in writing by the Registrar.

4.7.2 An employer is to ensure that the employment records of the employer are kept

(1) by:

(a) making entries in the English language in or on a separate page of a bound or loose-leaf book kept specifically for that purpose; or

(b) recording or storing the particulars required to be entered in the employment records by means of a mechanical, electronic or other device, but so that the particulars so recorded or stored will remain in the form in which they were originally recorded or stored and will be capable of being reproduced in written form in the English language;

(2) with only one (1) employee's records appearing on any one page;

(3) so that the record for each pay period of each employee is identifiable; and

(4) in a manner that enables compliance with section 49D of the Act to be readily ascertained.

4.7.3 A person is not to alter employment records unless the alteration is annotated so as to identify:

(1) the nature of the alteration;

(2) the person making the alteration; and

(3) the date on which the alteration was made.

4.7.4 An employer must ensure that details are recorded of:

(1) the employee's name and, if the employee is under 21 years of age, his or her date of birth;

(2) any industrial instrument that applies;

(3) the date on which the employee commenced employment with the employer;

(4) for each day:

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(a) the time at which the employee started and finished work;

(b) the period or periods for which the employee was paid; and

(c) details of work breaks including meal breaks;

(5) for each pay period:

(a) the employee’s designation;

(b) the gross and net amounts paid to the employee under the Award; and

(c) all deductions and the reasons for them;

(6) all leave taken by the employee, whether paid, partly paid or unpaid;

(7) the information necessary for the calculation of the entitlement to, and payment for long service leave under the Long Service Leave Act 1958, the Construction Industry Portable Paid Long Service Leave Act 1985 or the industrial instrument;

(8) any other information in respect of the employee required under the Award to be recorded; and

(a) any information, not otherwise covered by this subsection, that is necessary to show that the remuneration and benefits received by the employee comply with the Award.

4.7.5 The employer must ensure that:

(1) the employment records are kept in accordance with Regulation 4 of the Industrial Relations (General) Regulations 1997;

(2) each entry in relation to long service leave is retained:

(a) during the employment of the employee; and

(b) for not less than seven (7) years after the employment terminates;

and

(3) each other entry is retained for not less than seven (7) years after it is made.

4.7.6 (1) An employer, on written request by a relevant person, must:

(a) produce to the person the employment records relating to an employee; and

(b) let the person inspect the employment records at the Company's office, or other convenient place, during usual business hours.

(2) The duty placed on an employer by 4.7.6(1):

(a) continues so long as the records are required to be kept under 4.7.5.

(b) is not affected by the fact that the employee is no longer employed by the employer or that the industrial instrument no longer applies to the employee;

(c) includes the further duties:

(i) to let the relevant person enter premises of the employer for the purpose of inspecting the records; and

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(ii) to let the relevant person take copies of or extracts from the records;

and

(d) must be complied with not later than:

(i) at the end of the next pay period after the request is received; or

(ii) the seventh day after the day on which the request was made to the employer.

4.7.7 Nothing in this Award limits or otherwise affects the powers of an Industrial Inspector in relation to the inspection of employment records.

4.8 - WAGES AND SUPPLEMENTARY PAYMENTS

4.8.1 The minimum award rate payable weekly to adult employees (other than apprentices) classified under a defined level specified in Clause 1.6 - Definitions and Classification Structure, shall be made up of a base rate, plus a supplementary payment, and safety net adjustment, giving a total award rate as follows:

(1) Wage Group Base Rate Per Week $

Supplementary Payment $

Arbitrated Safety Net Adjustment $

Total Rate Per Week $

Level C14 284.80 40.60 0 708.90Level C13 299.50 42.60 0 726.50Level C12 319.20 45.40 0 750.30Level C11 337.40 48.10 0 772.40Level C10 365.20 52.00 0 810.10Level C 9 383.50 54.60 0 832.70Level C 8 401.70 57.20 0 855.10Level C 7 420.00 59.80 0 875.60Level C 6 456.50 65.00 0 920.60Level C 5 474.80 67.60 0 943.20

(2) Supplementary Payments

(a) Where an employee is in receipt of a rate of pay which exceeds the Total Rate Per Week prescribed above, whether such payment is being made by virtue of any order, industrial agreement or other agreement or arrangement, then such rate will be deemed to be inclusive of the Supplementary Payment.

(b) Overtime, shift allowances, penalty rates, disability allowances, special rates, fares and travelling time allowances and any other work related allowances prescribed by this Award shall not be offset against Supplementary Payments.

(3) The rates of pay in this Award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

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4.8.2 (1) Leading Hands:

In addition to the appropriate total wage prescribed in this clause, a leading hand shall be paid per week –

$

(a) If placed in charge of not less than three and not more than 10 other employees

31.20

(b) If placed in charge of more than 10 and not more than 20 other employees

47.70

(c) If placed in charge of more than 20 other employees

61.70

(2) Any tradesperson moulder employed in a foundry where no other jobbing moulder is employed shall be paid at the rate prescribed for leading hands in charge of not less than three and not more than ten (10) other workers.

4.8.3 Apprentices:

Wage per week expressed as a percentage of the Level C10 Engineering Tradesperson's rate which includes a supplementary payment and arbitrated safety net adjustment.

Four Year Term %

First year 42

Second year 55

Three year 75

Fourth year 88

Three and a Half Year Term %

First six months 42

Next year 55

Next year 75

Final year 88

Three Year Term

First year 55

Second year 75

Third year 88

4.8.4 Junior Employees:

Under 16 years of age 40% of adult minimum wage

16 years of age 50% of adult minimum wage

17 years of age 60% of adult minimum wage

18 years of age 70% of adult minimum wage

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Wage per week for 19 and 20 years of age is expressed as a percentage of Level C13 base rate which includes a supplementary payment and arbitrated safety net adjustment.

%

19 years of age 78.5

20 years of age 93

4.8.5 A casual employee shall be paid 25 per cent of the ordinary rate in addition to the ordinary rate for the calling in which he/she is employed.

4.8.6 Tool Allowance:

(1) Where an employer does not provide a tradesperson or an apprentice with the tools ordinarily required by that tradesperson or apprentice in the performance of work as a tradesperson or as an apprentice the employer shall pay a tool allowance of:

(a) $17.10 per week to such tradesperson; or

(b) in the case of an apprentice a percentage of $17.10 being the percentage which appears against the year of apprenticeship in 4.8.3;

for the purpose of such tradesperson or apprentice supplying and maintaining tools ordinarily required in the performance of work as a tradesperson or apprentice.

(2) Any tool allowance paid pursuant to 4.8.6(1) shall be included in, and form part of, the ordinary weekly wage prescribed in this clause.

(3) An employer shall provide for the use of tradesmen or apprentices all necessary power tools, special purpose tools and precision measuring instruments.

(4) A tradesman or apprentice shall replace or pay for any tool supplied by the employer if lost through the employee's negligence.

4.8.7 An employee employed in rock quarries, limestone quarries or sand pits shall be paid an allowance of $27.60 per week to compensate for dust and climatic conditions when working in the open and for deficiencies in general amenities and facilities, but an employee so employed for not more than three days shall be paid on a pro rata basis.

This subclause shall not apply to employees employed by Cockburn Cement Limited.

4.8.8 Structural Efficiency:

(1) Arising out of the decision of 8 September 1989 in the State Wage Case and in consideration of the wage increases resulting from structural efficiency adjustments, employees are to perform a wider range of duties which is incidental or peripheral to their main tasks or functions.

(2) The parties to this Award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the metal and engineering industry and to enhance the career opportunities and job security of employees in the industry.

(3) At each plant or enterprise a consultative mechanism may be established by the employer, or shall be established upon request by the employees or their relevant union or unions. The consultative mechanism and procedure shall be appropriate to the size, structure and needs of that plant or enterprise. Measures raised by the employer, employees or union or unions for consideration consistent with the objectives of 4.8.8(2) shall be processed through that consultative mechanism and procedures.

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(4) Measures raised for consideration consistent with 4.8.8(2) shall be related to implementation of the new classification structure, the facilitative provisions contained in this Award and, subject to Clause 2.2 - Training, matters concerning training and, subject to 4.8.8(5), any other measures consistent with the objectives of 4.8.8(2).

(5) Without limiting the rights of either an employer or a union to arbitration, any other measure designed to increase flexibility at the plant or enterprise and sought by any party shall be notified to the Commission if the initiative varies an Award provision and by agreement of the parties involved shall be subject to the following requirements:-

(a) the changes shall not affect provisions reflecting national standards recognised by the Western Australian Industrial Relations Commission;

(b) the majority of employees affected by the change at the plant or enterprise must genuinely agree to the change;

(c) no employee shall lose income as a result of the change;

(d) the relevant union or unions must be a party to the agreement;

(e) the relevant union or unions shall not unreasonably oppose any agreement;

(f) any agreement shall be subject to approval by the Western Australian Industrial Relations Commission and, if approved, shall operate as a schedule to this Award or a Section 41 Industrial Agreement and take precedence over any provision of this Award to the extent of the inconsistency.

(6) Any disputes arising in relation to the implementation of 4.8.8(3) and 4.8.8(4) shall be subject to the provisions of Clause 7. - Dispute Resolution Procedure, of this Award

4.9 - TRAINEESHIPS

4.9.1 Scope:

(1) This clause shall apply to persons:

(a) who are undertaking a Traineeship (as defined); and

(b) who are employed in an industry and in a classification covered by this Award.

(2) This clause does not apply to the Apprenticeship system.

4.9.2 Objectives:

(1) This clause facilitates a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of Trainees;

(2) This clause provides conditions of employment, including rates of pay, required to be observed regarding persons employed under the Traineeship Scheme; and

(3) Existing full-time employees shall not be displaced from employment by a Trainee.

4.9.3 Definitions:

"Appropriate State Legislation" means the Industrial Training Act 1975, or any successor legislation.

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"Approved Training" means training which is specified in the Trainee Plan which is part of the Training Agreement registered with the State Training Authority. It includes training undertaken both on and off the job, in a Traineeship and shall involve formal instruction both theoretical and practical, and supervised practice in accordance with a Traineeship Scheme approved and accredited by the State Training Authority.

"Traineeship" means a system of training which has been approved by the State Training Authority and includes full time traineeships and part-time traineeships including school-based traineeships.

"Traineeship Agreement" means an agreement made subject to the terms of this Award between an employer and the Trainee for a Traineeship and which is registered with the State Training Authority. A traineeship agreement shall only operate when made in accordance with the relevant approved Traineeship Scheme.

"Trainee Plan" means a programme of training which forms part of a Training Agreement registered with the State Training Authority.

"Traineeship Scheme" means a scheme for employees employed in industries covered by this Award and approved by the Training Authority after consultation and negotiation with the relevant union.

4.9.4 Training Conditions:

(1) The Trainee shall attend an approved training course or training programme prescribed in the Traineeship Agreement, or as notified to the Trainee by the Training Authority in accredited and relevant Traineeship Schemes.

(2) A Traineeship shall not commence until the Traineeship Agreement, made in accordance with the Traineeship Scheme, has been signed by the employer and the trainee and lodged for registration with the Training Authority, provided that if the Traineeship Agreement is not in a standard format, a Traineeship shall not commence until the Traineeship Agreement has been registered with the Training Authority. The employer shall permit the Trainee to attend the training course or programme provided for in the Traineeship Agreement and shall ensure the Trainee receives the appropriate on the job training.

(3) The employer shall provide an appropriate level of supervision in accordance with the Traineeship Agreement during the traineeship period.

(4) The overall training programme will be monitored by officers of the Training Authority and training records or work books shall be provided, if required to be utilised as part of this monitoring process.

4.9.5 Employment Conditions:

(1) A Trainee shall be engaged as a full-time employee for a maximum of one (1) year's duration, except in respect of AQF III and AQF IV traineeships which may extend up to two (2) years full time, provided that a Trainee shall be subject to a satisfactory probation period of one month which may be reduced at the discretion of the employer. By agreement in writing, and with the consent of the Training Authority, the relevant employer and the Trainee may vary the duration of the Traineeship and the extent of approved training provided that any agreement to vary is in accordance with the relevant Traineeship Scheme. A part-time trainee shall be engaged in accordance with the provisions of 4.9.6(5).

(2) (a) An employer shall not terminate the employment of a Trainee without firstly having provided written notice of termination to the Trainee concerned and to the Training Authority.

(b) An employer who decides not to continue the employment of a Trainee upon the completion of the traineeship shall notify, in writing, the Training Authority of that decision.

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(3) The Trainee is permitted to be absent from work without loss of continuity of employment and/or wages to attend the training in accordance with the Traineeship Agreement and the Trainee will attend such training.

(4) Where the employment of a Trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of this Award.

(5) All other terms and conditions of this Award that are applicable to the Trainee or would be applicable to the Trainee but for this clause shall apply unless specifically varied by this clause.

(6) A Trainee who fails to either complete the Traineeship or who cannot for any reason be placed in full-time employment with the employer on successful completion of the Traineeship shall not be entitled to any severance payment in accordance with Clause 2.1 - Contract of Service and Clause 2.3 - Redundancy, of this Award.

(7) (a) Overtime and shift work shall not be worked by a Trainee except in circumstances where the section in which the trainee is receiving on the job training is required to work overtime, or the work of that section is normally carried out by shifts and there is satisfactory provision for approved training.

(b) A Trainee shall not work overtime alone.

(c) The Trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by this Award.

4.9.6 Wages:

(1) (a) The minimum rates of wages payable weekly to Trainees are as provided in 4.9.6(2), 4.9.6(4) and 4.9.6(5).

(b) These wage rates will only apply to Trainees while they are undertaking an approved traineeship which includes approved training as defined in this clause.

(c) The wages prescribed by this clause do not apply to complete trade level training which is covered by the apprenticeship system.

(2) Traineeships.

(a) Industry/Skill Level A:

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Industry/Skill Level A.

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Highest Year of Schooling Completed

HIGHEST YEAR OF SCHOOLING

School Leaver Year 10 Year 11 Year 12

$ $ $

210.00 (50%)*245.00 (33%)

261.00 (33%)291.00 (25%)

359.00

plus 1 year out of school 291.00 359.00 415.00

plus 2 years 359.00 415.00 485.00

plus 3 years 415.00 485.00 555.00

plus 4 years 485.00 555.00

plus 5 years/more 555.00

* Figures in brackets indicate the average proportion of time spent on approved training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rate is 20%.

(b) Industry/Skill Level B:

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Industry/Skill Level B.

Highest Year of Schooling Completed

HIGHEST YEAR OF SCHOOLING

School Leaver Year 10 Year 11 Year 12

$ $ $

210.00 (50%)*245.00 (33%)

261.00 (33%)291.00 (25%)

350.00

plus 1 year out of school 291.00 350.00 400.00

plus 2 years 350.00 400.00 470.00

plus 3 years 400.00 470.00 537.00

plus 4 years 470.00 537.00

plus 5 years/more 537.00

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* Figures in brackets indicate the average proportion of time spent on approved training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rate is 20%.

(c) Industry/Skill Level C:

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Industry/Skill Level C.

Highest Year of Schooling Completed

HIGHEST YEAR OF SCHOOLING

School Leaver Year 10 Year 11 Year 12

$ $ $

210.00 (50%)*245.00 (33%)

261.00 (33%)291.00 (25%)

347.00

plus 1 year out of school 291.00 347.00 390.00

plus 2 years 347.00 390.00 437.00

plus 3 years 390.00 437.00 491.00

plus 4 years 437.00 491.00

plus 5 years/more 491.00

* Figures in brackets indicate the average proportion of time spent on approved training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rate is 20%.

(3) For the purposes of this subclause, "out of school" shall refer only to periods out of school beyond Year 10, and shall be deemed to:

(a) include any period of schooling beyond Year 10 which was not part of nor contributed to a completed year of schooling;

(b) include any period during which a Trainee repeats in whole or part a year of schooling beyond Year 10; and

(c) not include any period during a calendar year in which a year of schooling is completed.

(4) AQFIV Traineeships

Trainees undertaking an AGFIV traineeship shall receive the relevant weekly wage rate for AQFIII trainees at Skill/Industry Levels A, B and C as applicable with the addition of 3.8% of that wage rate.

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(5) Part time and School Based Trainees

(a) This subclause shall apply to trainees who undertake a traineeship on a part time basis, or as a School Based trainee, by working less than full time hours and by undertaking the approved training at the same or lesser training time than a full time trainee.

(b) School Based Trainees will receive the relevant wage rate at Skill/Industry Levels A, B and C as applicable, as for School Leavers.

(c) The minimum weekly rate of pay for part time and school based trainees shall be calculated by taking the full time rates expressed above multiplied by 1.25. This minimum weekly rate of pay for part time and school based trainees is then divided by 38 in accordance with section 10 of the Minimum Conditions of Employment Act 1993 to produce a minimum hourly rate of pay.

(6) Completed Traineeship - Continued Junior Employment

Notwithstanding anything contained elsewhere in this Award, where a Trainee successfully completes a Traineeship and is a junior person who is then employed by the same employer performing work appropriate to the training received pursuant to the Traineeship Scheme, the qualification outcome determined by the training programme shall be equated to an appropriate level within the classification structure described in Clause 1.6 - Definitions and Classification Structure, of this Award, and the wage rate relevant thereto as prescribed in Clause 4.8 - Wages and Supplementary Payments, of this Award, shall be the level of wage to which the prescribed age related percentage appropriate to the junior employee concerned, will be applied to calculate the weekly rate of wage for such junior employee.

4.9.7 Industry/Skill Levels

The industry skill levels referred to in 4.9.6 are those described in General Order made by the Commission from time to time setting the minimum rates of pay for apprentices for the purposes of the Minimum Conditions of Employment Act 1993 pursuant to section 50A of the Act.

5. - ALLOWANCES AND FACILITIES

5.1 - HIGHER DUTIES

An employee engaged on duties carrying a higher rate than the employee's ordinary classification shall be paid the higher rate for the time the employee is so engaged but if so engaged for more than two hours of one day or shift the employee shall be paid the higher rate for the whole day or shift.

Provided that these provisions shall not apply where an employee is performing duties for the sole purpose of training in accordance with the enterprise training programme defined in Clause 2.2 - Training of this Award.

5.2 - SPECIAL ALLOWANCES AND FACILITIES

5.2.1 Height Money: An employee shall be paid an allowance of $2.80 for each day on which the employee works at a height of 15.5 metres or more above the nearest horizontal plane, but this provision does not apply to linespeople nor to riggers and splicers on ships and buildings.

5.2.2 Dirt Money: An employee shall be paid an allowance of 61 cents per hour when engaged on work of an unusually dirty nature where clothes are necessarily unduly soiled or damaged or boots are unduly damaged by the nature of the work done.

5.2.3 Grain Dust: Where any dispute arises at a bulk grain handling installation due to the presence of grain dust in the atmosphere and the Board of Reference determines that employees employed under this

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Award are unduly affected by that dust, the Board may, subject to such conditions as it deems fit to impose, fix an allowance or allowances not exceeding $1.03 per hour.

5.2.4 Confined Space: An employee shall be paid an allowance of 74 cents per hour when, because of the dimensions of the compartment or space in which the employee is working, the employee is required to work in a stooped or otherwise cramped position, or without proper ventilation.

5.2.5 Diesel Engine Ships: The provisions of 5.2.2 and 5.2.4 do not apply to an employee when the employee is engaged on work below the floor plates in diesel engine ships, but the employee shall be paid an allowance of $1.03 per hour whilst so engaged.

5.2.6 Boiler Work: An employee required to work in a boiler which has not been cooled down shall be paid at the rate of time and one-half for each hour or part of an hour so worked in addition to any allowance to which the employee may be entitled under 5.2.2 and 5.2.4.

5.2.7 Hot Work: An employee shall be paid an allowance of 61 cents per hour when the employee works in the shade in any place where the temperature is raised by artificial means to between 46.1º and 54.4º Celsius.

5.2.8 (1) Where in the opinion of the Board of Reference, the conditions under which work is to be performed are, by reason of excessive heat, exceptionally oppressive, the Board may –

(a) Fix an allowance, or allowances, not exceeding the equivalent of half the ordinary rate;

(b) Fix the period (including a minimum period) during which any allowance so fixed is to be paid; and

(c) Prescribe such other conditions, relating to the provision of protective clothing or equipment and the granting of rest periods, as the Board sees fit.

(2) The provisions of 5.2.8(1) do not apply unless the temperature in the shade at the place of work has been raised by artificial means beyond 54.4 degrees Celsius.

(3) An allowance fixed pursuant to 5.2.8(1) includes any other allowance which would otherwise be payable under this clause.

5.2.9 Tarring Pipes: The provisions of 5.2.2 and 5.2.4 do not apply to an employee engaged in tarring pipes in the Cast Pipe Section but the employee shall, in lieu thereof, be paid an allowance of $1.00 per day whilst so engaged.

5.2.10 Percussion Tools: An employee shall be paid an allowance of 36 cents per hour when working a pneumatic rivetter of the percussion type and other pneumatic tools of the percussion type.

5.2.11 Chemical, Artificial Manure and Cement Works: An employee, other than a general labourer, in chemical, artificial manure and cement works, in respect of all work done in and around the plant outside the machine shop, shall be paid an allowance calculated at the rate of $15.20 per week. The allowance shall be paid during overtime but shall not be subject to penalty additions. An employee receiving this allowance is not entitled to any other allowance under this Clause.

5.2.12 Abattoirs and Tallow Rendering Works: An employee, employed in and about an abattoir or in a rendering section of tallow works, shall be paid an allowance calculated at the rate of $19.80 per week. The allowance shall be paid during overtime but shall not be subject to penalty additions. An employee receiving this allowance is not entitled to receive any other allowance under this Clause.

5.2.13 An employee who is employed at a timber sawmill or is sent to work at a timber sawmill shall be paid for the time there engaged a disability allowance equivalent to what the majority of the employees at the mill receive under the appropriate award. The allowance shall be paid during overtime but shall not be subject to penalty additions. An employee receiving this allowance is not entitled to receive any other allowance under this clause with the exception of that prescribed in 5.2.1 - Height Money.

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5.2.14 Phosphate Ships: An employee shall be paid an allowance of 87 cents for each hour the employee works in the holds or 'tween decks of ships which, immediately prior to such work, have carried phosphatic rock, but this subclause only applies if and for as long as the holds and 'tween decks are not cleaned down.

5.2.15 An employee who is sent to work on any gold mine shall be paid an allowance of such amount as will afford the employee a wage not less than they would be entitled to receive pursuant to the award which would apply if such employee was employed in the gold mine concerned.

5.2.16 An employee who is required to work from a ladder shall be provided with an assistant on the ground where it is reasonably necessary for the employee’s safety.

5.2.17 The work of an electrical fitter shall not be tested by an employee of a lower grade.

5.2.18 Special Rates Not Cumulative: Where more than one of the disabilities entitling an employee to extra rates exists on the same job, the employer shall be bound to pay only one rate, namely – the highest for the disabilities prevailing. Provided that this subclause shall not apply to confined space, dirt money, height money, or hot work, the rates for which are cumulative.

5.2.19 Protective Equipment:

(1) An employer shall have available a sufficient supply of protective equipment (as, for example, goggles (including anti-flash goggles), glasses, gloves, mitts, aprons, sleeves, leggings, gumboots, ear protectors, helmets, or other efficient substitutes thereof) for use by employees when engaged on work for which some protective equipment is reasonably necessary.

(2) An employee shall sign an acknowledgement when issued with any article of protective equipment and shall return that article to the employer when finished using it or on leaving employment.

(3) An employee to whom an article of protective equipment has been issued shall not lend that article to another employee and if the employee does both employees shall be deemed guilty of wilful misconduct.

(4) An article of protective equipment which has been used by an employee shall not be issued by the employer to another employee until it has been effectively sterilised but this paragraph only applies where sterilisation of the article is practicable and is reasonably necessary.

(5) Adequate safety gear (including insulating gloves, mats and/or shields where necessary) shall be provided by employers for employees required to work on live electrical equipment.

5.2.20 (1) Subject to the provisions of this Clause, an employee whilst employed on foundry work shall be paid a disability allowance of 43 cents for each hour worked to compensate for all disagreeable features associated with foundry work including heat, fumes, atmospheric conditions, sparks, dampness, confined spaces, and noise.

(2) The foundry allowance herein prescribed shall also apply to apprentices and un-apprenticed juniors employed in foundries; provided that where an apprentice is, for a period of half a day or longer, away from the foundry for the purpose of receiving tuition, the amount of foundry allowance paid to the employee shall be decreased proportionately.

(3) The foundry allowance herein prescribed shall be in lieu of any payment otherwise due under this Clause and does not in any way limit an employer's obligations to comply with all relevant requirements of Acts and Regulations relative to conditions in foundries.

(4) For the purpose of this subclause 'foundry work' shall mean -

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(a) Any operation in the production of castings by casting metal in moulds made of sand, loam, metal, moulding composition or other material or mixture of materials, or by shell moulding, centrifugal casting or continuous casting; and

(b) Where carried on as an incidental process in connection with and in the course of production to which 5.2.20(4)(a) applies, the preparation of moulds and cores (but not in the making of patterns and dies in a separate room), knock out processes and dressing operations, but shall not include any operation performed in connection with -

(i) Non-ferous die casting (including gravity and pressure);(ii) Casting of billets and/or ingots in metal moulds;(iii) Continuous casting of metal into billets;(iv) Melting of metal for use in printing;(v) Refining of metal.

5.2.21 An employee, holding a Third Year First Aid Medallion of the St. John Ambulance Association or a "C" Standard Senior First Aid Certificate of the Australian Red Cross Society, appointed by the employer to perform first aid duties, shall be paid $12.00 per week in addition to the employee's ordinary rate.

5.2.22 An electronics tradesperson, an electrician - special class, an electrical fitter and/or armature winder or an electrical installer who holds and, in the course of employment may be required to use, a current "A" Grade or "B" Grade licence issued pursuant to the relevant Regulation in force on the 28th day of February, 1978 under the Electricity Act 1945, shall be paid an allowance of $24.70 per week.

5.3 - CAR ALLOWANCE

5.3.1 Where an employee is required and authorised to use his or her own motor vehicle in the course of the employee's duties the employee shall be paid an allowance not less than that provided for in the table set out hereunder. Notwithstanding anything contained in this subclause the employer and the employee may make any other arrangement as to car allowance not less favourable to the employee.

5.3.2 Where an employee in the course of a journey travels through two (2) or more of the separate areas, payment at the rates prescribed herein shall be made at the appropriate rate applicable to each of the separate areas traversed.

5.3.3 A year for the purpose of this clause shall commence on the 1st day of July and end on the 30th day of June next following.

RATES OF HIRE FOR USE OF EMPLOYEE'SOWN VEHICLE ON EMPLOYER'S BUSINESS

MOTOR CAR

AREA AND DETAILS ENGINE DISPLACEMENT (IN CUBIC CENTIMETRES)

RATE PER KILOMETRE (CENTS)

Distance Travelled Each Yearon Employer’s Business

Over 2600cc

Over1600cc - 2600cc

1600cc& Under

Metropolitan Area 83.3 74.7 64.9South West Land Division 85.2 76.5 66.6North of 23.5° South Latitude 93.8 84.4 73.3Rest of the State 88.1 78.9 68.7Motor Cycle (in all areas) 28.7¢ per kilometre

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5.3.4 "Metropolitan Area" means that area within a radius of fifty kilometres from the Perth Railway Station.

"South West Land Division" means the South West Land Division as defined by Schedule 1 of the Land Administration Act 1997 excluding the area contained within the Metropolitan Area.

5.4 - FARES AND TRAVELLING TIME

5.4.1 (1) An employee, who, on any day, or from day to day is required to work at a job away from the accustomed workshop or depot shall, at the direction of the employer, present for work at such job at the usual starting time.

(2) An employee to whom 5.4.1(1) applies shall be paid at ordinary rates for time spent in travelling between the employee's home and the job and shall be reimbursed for any fares incurred in such travelling, but only to the extent that the time so spent and the fares so incurred exceed the time normally spent and the fares normally incurred in travelling between the employee's home and the accustomed workshop or depot.

(3) An employee who with the approval of the employer uses a personal means of transport for travelling to or from outside jobs shall be paid the amount of excess fares and travelling time which the employee would have incurred in using public transport unless the employee has an arrangement with the employer for a regular allowance.

5.4.2 For travelling during working hours from and to the employer's place of business or from one job to another, an employee shall be paid by the employer at ordinary rates. The employer shall pay all fares and reasonable expenses in connection with such travelling.

5.5 - DISTANT WORK

5.5.1 Where an employee is directed by the employer to proceed to work at such a distance that the employee cannot return home each night and the employee does so, the employer shall provide the employee with suitable board and lodging or shall pay the expenses reasonably incurred by the employee for board and lodging.

5.5.2 The provisions of 5.5.1 do not apply with respect to any period during which the employee is absent from work without reasonable excuse and in such a case, where the board and lodging is supplied by the employer, the employer may deduct from moneys owing or which may become owing to the employee an amount equivalent to the value of that board and lodging for the period of the absence.

5.5.3 (1) The employer shall pay all reasonable expenses including fares, transport of tools, meals and, if necessary, suitable overnight accommodation incurred by an employee who is directed by the employer to proceed to work pursuant to 5.5.1 and who complies with such direction.

(2) The employee shall be paid at ordinary rate of pay for the time up to a maximum of eight (8) hours in any one day incurred in travelling pursuant to the employer's direction.

5.5.4 An employee, to whom the provisions of 5.5.1 apply, shall be paid an allowance of $35.30 for any weekend the employee returns home from the job, but only if -

(1) the employee advises the employer or the employer’s agent of such intention not later than the Tuesday immediately preceding the weekend in which the employee so returns;

(2) the employee is not required for work during that weekend;

(3) the employee returns to the job on the first working day following the weekend; and

(4) the employer does not provide, or offer to provide, suitable transport.

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5.5.5 Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job, the employee shall be provided with suitable transport to and from that job or be paid an allowance of $15.60 per day, provided that where the time actually spent in travelling either to or from the job exceeds twenty (20) minutes, that excess time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.

5.6 - LOCATION ALLOWANCES

5.6.1 Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause of this Award, an employee shall be paid the following weekly allowances when employed in the towns prescribed hereunder. Provided that where the wages are prescribed as fortnightly rates of pay, these allowances shall be shown as fortnightly allowances.

TOWN PER WEEK

Agnew $21.30Argyle $57.00Balladonia $22.00Barrow Island $37.10Boulder $9.10Broome $34.30Bullfinch $10.00Carnarvon $17.60Cockatoo Island $37.60Coolgardie $9.10Cue $21.90Dampier $29.90Denham $17.60Derby $35.70Esperance $6.20Eucla $23.90Exmouth $31.30Fitzroy Crossing $43.30Halls Creek $50.00Kalbarri $7.60Kalgoorlie $9.10Kambalda $9.10Karratha $35.90Koolan Island $37.60Koolyanobbing $10.00Kununurra $57.00Laverton $21.80Learmonth $31.30Leinster $21.30Leonora $21.80Madura $23.00Marble Bar $55.20Meekatharra $18.90Mount Magnet $23.70Mundrabilla $23.50Newman $20.50Norseman $18.80Nullagine $55.10Onslow $37.10Pannawonica $27.80Paraburdoo $27.70Port Hedland $29.70

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Ravensthorpe $11.30Roebourne $41.30Sandstone $21.30Shark Bay $17.60Southern Cross $10.00Telfer $50.80Teutonic Bore $21.30Tom Price $27.70Whim Creek $35.50Wickham $34.30Wiluna $21.60Wyndham $53.40

5.6.2 Except as provided in 5.6.3, an employee who has:

(1) a dependant shall be paid double the allowance prescribed in 5.6.1;

(2) a partial dependant shall be paid the allowance prescribed in 5.6.1 plus the difference between that rate and the amount such partial dependant is receiving by way of a district or location allowance.

5.6.3 Where an employee:

(1) is provided with board and lodging by his/her employer, free of charge; or

(2) is provided with an allowance in lieu of board and lodging by virtue of the Award or an Order or Agreement made pursuant to the Act;

such employee shall be paid 662/3 per cent of the allowances prescribed in 5.6.1.

5.6.4 Subject to 5.6.2, junior employees, casual employees, part time employees, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.

5.6.5 Where an employee is on annual leave or receives payment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled.

5.6.6 Where an employee is on long service leave or other approved leave with pay (other than annual leave) he/she shall only be paid location allowance for the period of such leave he/she remains in the location in which he/she is employed.

5.6.7 For the purposes of this clause:

(1) "Dependant" shall mean -

(a) a spouse or de facto partner; or

(b) a child where there is no spouse or de facto partner;

who does not receive a location allowance or who, if in receipt of a salary or wage package, receives no consideration for which the location allowance is payable pursuant to the provisions of this clause.

(2) "Partial Dependant" shall mean a "dependant" as prescribed in 5.6.7(1) who receives a location allowance which is less than the location allowance prescribed in 5.6.1 or who, if in receipt of a salary or wage package, receives less than a full consideration for which the location allowance is payable pursuant to the provisions of this clause.

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5.6.8 Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of 5.6.1 shall be such amount as may be agreed between Australian Mines and Metals Association, the Chamber of Commerce and Industry of Western Australia and UnionsWA or, failing such agreement, as may be determined by the Commission.

5.6.9 Subject to the making of a General Order pursuant to section 50 of the Act, that part of each location allowance representing prices shall be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing), for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest ten (10) cents.

6. - LEAVE

6.1 - ANNUAL LEAVE

6.1.1 (1) Except as hereinafter provided a period of four consecutive weeks leave with payment as prescribed in 6.1.1(2) shall be allowed annually to an employee by the employer. Such entitlement shall accrue pro rata on a weekly basis.

(2) (a) An employee before going on leave shall be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on leave during the relevant period.

(b) Subject to 6.1.1(3) an employee shall, where applicable, have the amount of wages to be received for annual leave calculated by including the following where applicable.

(i) The rate applicable to the employee as prescribed in Clause 4.8 - Wages and Supplementary Payments of PART 1 - GENERAL or Clause 13 - Wages of PART 2 - CONSTRUCTION WORK of this Award and the rates prescribed by 5.2.11, 5.2.12 and 5.2.13 of Clause 5.2 - Special Allowances and Facilities and Clause 5.6 - Location Allowances of this Award and;

(ii) Subject to 6.1.1(3)(b) the rate prescribed for work in ordinary time by Clause 3.3 - Shift Work of the Award according to the employee's roster or projected roster including Saturday and Sunday shifts;

(iii) The rate payable pursuant to Clause 5.1 - Higher Duties calculated on a daily basis, which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise;

(iv) Any other rate to which the employee is entitled in accordance with the contract of employment for ordinary hours of work; provided that this provision shall not operate so as to include any payment which is of a similar nature to or is paid for the same reasons as or is paid in lieu of those payments prescribed by Clause 3.2 - Overtime, Clause 5.2 - Special Allowances and Facilities (Clause 15.1 - Special Allowances and Provisions of PART 2 - CONSTRUCTION WORK), Clause 5.3 - Car Allowance, Clause 5.4 - Fares and Travelling Time (Clause 15.2 - Allowance for Travelling and Employment in Construction Work of PART 2 - CONSTRUCTION WORK) or Clause 5.5 - Distant Work (Clause 15.3 - Distant Work of PART 2 - CONSTRUCTION WORK) of this Award, nor any payment which might have become payable to the employee as reimbursement for expenses incurred.

(3) In addition to the payment prescribed in 6.1.1(2), an employee shall receive a loading calculated on the rate of wage prescribed by that paragraph. This loading shall be as follows -

(a) Day Employees - An employee who would have worked on day work had the employee not been on leave - a loading on 17½%.

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(b) Shift Employees - An employee who would have worked on shift work had the employee not been on leave a loading of 17½%. Provided that where the employee would have received shift loadings prescribed by Clause 3.3 - Shift Work and, if applicable, payment for work on a regularly rostered sixth shift in not more than one week in any four weeks had the employee not been on leave during the relevant period and such loadings would have entitled the employee to a greater amount than the loading of 17½%, then the shift loadings and, if applicable, the payment for the said regularly rostered sixth shift shall be added to the rate of wage prescribed by 6.1.1(2)(b)(i) in lieu of the 17½% loading.

Provided further, that if the shift loadings and, if applicable, the payment for the said regularly rostered sixth shift would have entitled the employee to a lesser amount than the loading of 17½%, then such loading of 17½% shall be added to the rate of wage prescribed by 6.1.1(2) but not including 6.1.1(2)(b)(ii) in lieu of the shift loadings and the said payment.

(c) Where annual leave is taken in accordance with 6.1.8(2), the loading referred to in this subclause shall be paid regardless of length of service.

Except as prescribed in 6.1.4 and Clause 16.1 - Annual Leave Loading of PART 2 - CONSTRUCTION WORK of this Award, the loading prescribed by this paragraph shall not apply to proportionate leave on termination.

6.1.2 (1) A seven (7) day shift employee, i.e. a shift employee who is rostered to work regularly on Sundays and holidays shall be allowed one week's leave in addition to the leave to which the employee is otherwise entitled under this clause.

(2) Where an employee with twelve (12) months' continuous service is engaged as a seven (7) day shift employee, the employee shall be entitled to have the period of annual leave to which the employee is otherwise entitled under this clause increased by one twelfth of a week for each completed month the employee is continuously so engaged.

6.1.3 If any award holiday falls within an employee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid.

6.1.4 (1) An employee whose employment terminates and who has not been allowed the leave prescribed under this clause shall be given payment as prescribed in 6.1.1(2) and 6.1.1(3) in lieu of that leave or, in a case to which 6.1.7, 6.1.8 or 6.1.9 applies, in lieu of so much of that leave as has not been allowed unless -

(a) the employee has been justifiably dismissed for misconduct; and

(b) the leave relates to a year of service that was completed after the misconduct occurred.

(2) If, after one (1) week's continuous service an employee lawfully leaves the employment or the employment is terminated by the employer through no fault of the employee, the employee shall be paid 2.923 hours pay at the rate of wage prescribed by 6.1.1(2), in respect of each completed week of continuous service.

6.1.5 Any unpaid absence shall not count for the purpose of determining the employee's right to annual leave.

6.1.6 In the event of an employee being employed by an employer for portion only of a year, the employee shall only be entitled, subject to 6.1.4, to such leave on full pay as is proportionate to the employee's length of service during that period with such employer, and if such leave is not equal to the leave given to the other employees the employee shall not be entitled to work or pay whilst the other employees of such employer are on leave on full pay.

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6.1.7 (1) Annual leave shall be given and taken in one or two continuous periods. If the annual leave is given in two continuous periods then one of those two periods must be at least three consecutive weeks. Provided that if the employer and an employee so agree then the employee's annual leave entitlement may be given and taken in two separate periods, neither of which is of at least three consecutive weeks, or in three separate periods.

(2) Provided further that an employee may, with the consent of his or her employer, take short term annual leave not exceeding five (5) days in any calendar year, at a time or times separate from any of the periods determined in accordance with this subclause.

(3) (a) Where an employer and an employee have not agreed when the employee is to take his or her annual leave, subject to 6.1.7(3)(b) the employer is not to refuse the employee taking, at any time suitable to the employee, any period of annual leave the entitlement to which accrued more than twelve (12) months before that time.

(b) The employee is to give the employer at least two (2) weeks’ notice of the period during which the employee intends to take his or her leave.

6.1.8 Where an employer closes down the business, or a section or sections thereof, for the purposes of allowing annual leave to all or the bulk of the employees in the business, or section or sections concerned, the following provisions shall apply:-

(1) The employer may by giving not less than one (1) month's notice of the intention so to do, stand off for the duration of the close down all employees in the business or section or sections concerned.

(2) An employer may close down the business for one or two separate periods for the purpose of granting annual leave in accordance with this subclause. If the employer closes down the business in two separate periods one of those periods shall be for a period of at least three consecutive weeks. Provided that where the majority of the employees in the business or section or sections concerned agree, the employer may close down the business in accordance with this subclause in two separate periods neither of which is of at least three (3) consecutive weeks, or in three (3) separate periods. In such cases the employer shall advise the employees concerned of the proposed date of each close down before asking them for their agreement.

6.1.9 (1) An employer may close down the business, or a section or sections thereof, for a period of at least three (3) consecutive weeks and grant the balance of the annual leave due to an employee in one (1) continuous period in accordance with a roster. Provided that by agreement with the majority of employees concerned, an employer may close down the plant for a period of at least fourteen (14) consecutive days including non-working days and grant the balance of the annual leave due to an employee by mutual arrangement.

(2) An employer may close down the business, or a section or sections thereof for a period of less than three (3) consecutive weeks and allow the balance of the annual leave due to an employee in one or two continuous periods, either of which may be in accordance with a roster. In such a case the granting and taking of annual leave shall be subject to the agreement of the employer and the majority of the employees in the business, or a section or sections thereof respectively and before asking the employees concerned for their agreement, the employer shall advise them of the proposed date of the close down or close downs and the details of the annual leave roster.

6.1.10 The provisions of this clause shall not apply to casual employees.

6.2 - SICK LEAVE

6.2.1 (1) An employee who is unable to attend or remain at his or her place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the provisions of this clause.

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(a) Employee who actually works 38 ordinary hours each week

An employee whose ordinary hours of work are arranged so that the employee actually works an average of 38 ordinary hours each week during a particular work cycle shall be entitled to pay shall be entitled to payment during such absence for the actual ordinary hours absent.

(b) Employee who works an average of 38 ordinary hours each week

An employee whose ordinary hours of work are arranged so that the employee works an average of 38 ordinary hours each week during a particular work cycle shall be entitled to pay during such absence calculated as follows:

Duration of absence x Appropriate weekly rateOrdinary hours normally worked that day 5

An employee shall not be entitled to claim payment for personal ill health or injury nor will the employee's sick leave entitlement be reduced if such ill health or injury occurs on the week day the employee is to take off duty in accordance with 3.1.3(1)(c) or 3.1.3(1)(d) of Clause 3.1 - Hours of this Award.

(2) Notwithstanding the provisions of 6.2.1(1) an employer may adopt an alternative method of payment of sick leave entitlements where the employer and the majority of the employees so agree.

(3) Entitlement to payment shall accrue at the rate of 1.46 hours for each completed week of service up to 76 hours per annum.

(4) If in the first or successive years of service with the employer an employee is absent on the ground of personal ill health or injury for a period longer than the employee's entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service.

6.2.2 The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence.

6.2.3 The employee shall as soon as reasonably practicable advise the employer of his or her inability to attend for work, the nature of his or her illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding ten (10) weeks in any one (1) year of service.

6.2.4 The provisions of this clause do not apply to an employee who fails to produce proof of the illness or injury that would satisfy a reasonable person of the entitlement. Provided that the employee shall not be required to produce a certificate from a medical practitioner with respect to absences of two days or less.

6.2.5 (1) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when the employee is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave.

(2) Application for replacement shall be made within seven (7) days of resuming work and then only if the employee was confined to place of residence or a hospital as a result of the employee personal ill health or injury for a period of seven (7) consecutive days or more and the employee produces a certificate from a registered medical practitioner that the employee

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was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with 6.2.3 if the employee is unable to attend for work on the working day next following the employee annual leave.

(3) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time the employee proceeded on annual leave and shall not be made with respect to fractions of a day.

(4) Where paid sick leave has been granted by the employer in accordance with 6.2.5(1), 6.2.5(2) and 6.2.5(3), that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 6.1 - Annual Leave and Clause 6.7 - Public Holidays.

(5) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 6.1 - Annual Leave and Clause 6.7 - Public Holidays shall be deemed to have been paid with respect to the replaced annual leave.

6.2.6 Where a business has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with section 6 of the Long Service Leave Act 1958, the paid sick leave standing to the credit of the employee at the date of transmission from service with the transmittor shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.

6.2.7 The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Compensation and Injury Management Act 1981 nor to employees whose injury or illness is the result of the employee's own misconduct.

6.2.8 The provisions of this clause do not apply to casual employees.

6.3 - LONG SERVICE LEAVE

An employee covered by this Award is entitled to long service leave in accordance with the Long Service Leave Act 1958.

6.4 - BEREAVEMENT LEAVE

6.4.1 An employee shall on the death of a spouse, de facto partner, parent, step-parent, grandparent, sibling, child, step-child, grandchild (including an adult child, step-child or grandchild) or any other person who at the time of his or her death lived with the employee as a member of his or her household, be entitled on notice, of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two (2) ordinary working days.

6.4.2 If so requested by the employer, the employee shall provide evidence that would satisfy a reasonable person as to-

(1) the death that is the subject of the leave sought; and

(2) the relationship of the employee to the deceased person.

6.4.3 Payment in respect of bereavement leave is to be made only where the employee otherwise would have been on duty and shall not be granted in any case where the employee concerned would have been off duty in accordance with any shift roster or during a period of any of any other kind of leave.

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6.4.4 For the purposes of this clause the pay of an employee employed on shift work shall be deemed to include any usual shift allowance.

6.4.5 The two days of bereavement leave need not be consecutive.

6.5 - PARENTAL LEAVE

6.5.1 Definitions

For the purposes of this clause:

"adoption", in relation to a child, is a reference to a child who:

(1) is not the child or the step-child of the employee or the employee's spouse or the employee’s de facto partner;

(2) is less than 5 years of age; and

(3) has not lived continuously with the employee for 6 months or longer;

"continuous service" means service under an unbroken contract of employment and includes any period of leave or absence authorised by the employer or by an employer-employee agreement, an Award, a contract of employment or the Minimum Conditions of Employment Act 1993;

"expected date of birth" means the day certified by a medical practitioner to be the day on which the medical practitioner expects the employee or the employee's spouse or de facto partner, as the case may be, to give birth to a child; or if the employee could not obtain a medical certificate, the date of birth of the child that could reasonably be expected if the pregnancy were to go to full term;

"employee" does not include a casual employee who is not an eligible casual employee;

"eligible casual employee" means a casual employee who:

(1) has been engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment during a period of at least twelve (12) months; and

(2) but for an expected birth of a child to the employee or the employee’s spouse or de facto partner or an expected placement of a child with the employee with a view to adoption of the child by the employee would have a reasonable expectation of continuing engagement by the employer on a regular and systematic basis.

Without limiting the above, a casual employee is also an eligible casual employee if:

(1) the employee was engaged by a particular employer on a regular and systematic basis for a sequence of periods during a period, "the first period of employment", of less than twelve (12) months;

(2) at the end of the first period of employment, the employee ceased, on the employer’s initiative, to be so engaged by the employer;

(3) the employer later again engaged the employee on a regular and systematic basis for a further sequence of periods during a period "the second period of employment", that started not more than three (3) months after the end of the first period of employment;

(4) the combined length of the first period of employment and the second period of employment is at least twelve (12) months; and

(5) the employee, but for an expected birth of a child to the employee or the employee’s spouse or de facto partner or an expected placement of a child with the employee with a view to the

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adoption of the child by the employee would have a reasonable expectation of continuing engagement by the employer on a regular and systematic basis.

6.5.2 Eligibility for Parental Leave

(1) An employee is entitled to take up to 52 consecutive weeks of unpaid leave in respect of the:

(a) birth of a child to the employee or the employee's spouse or de facto partner; or

(b) placement of a child with the employee with a view to the adoption of the child by the employee.

(2) An employee is not entitled to take parental leave unless the employee has:

(a) before the expected date of the birth or placement, completed at least twelve (12) months' continuous service with the employer; and

(b) given the employer at least ten (10) weeks' written notice of his or her intention to take the leave.

(3) The requirement for ten (10) weeks’ written notice in 6.5.2(2)(b) does not apply if it was not reasonably practicable for the employee to comply because of:

(a) the premature birth of the employee’s child;

(b) the date when the placement was expected to start; or

(c) any other compelling reason.

(4) An employee is not entitled to take parental leave at the same time as the employee’s spouse or de facto partner but this subclause does not apply to one (1) week’s parental leave or short adoption leave of three (3) weeks taken by the:

(a) spouse or de facto partner of the person who gave birth to the child, immediately after the birth of the child; or

(b) employee and the employee's spouse or de facto partner immediately after a child has been placed with them with a view to their adoption of the child.

(5) An employee seeking to obtain approval to adopt a child is entitled to a period of up to two (2) days unpaid leave to attend any interviews or examinations required to obtain the approval. An employee is not entitled to such unpaid leave if his or her employer requires the employee to use other leave entitlements that are available to the employee. The two (2) days unpaid leave is able to be taken as a single, unbroken, period or in any separate periods as agreed between the employee and his or her employer.

(6) An employee may request the employer to extend the period of parental leave to which the employee is entitled under 6.5.2(1) for a further consecutive period of not more than 52 consecutive weeks. Such a request is to be in writing and must be made at least four (4) weeks before the day on which the employee would have finished parental leave if the request had not been made.

(7) An employee may request the employer to extend the period of parental leave which the employee is entitled under 6.5.2(4) to take at the same time as the employee’s spouse or de facto partner for a further period of not more than seven (7) consecutive weeks. Such a request is to be in writing and can be made at any time before the end of the leave referred to in 6.5.2(4).

(8) An employer is to agree to a request under 6.5.2(6) and 6.5.2(7) unless:

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(a) the employer, having considered the employee’s circumstances, is not satisfied that the request is genuinely based on the employee’s parental responsibilities; or

(b) there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of operations or business of the employer and those grounds would satisfy a reasonable person.

The employer is to give written notice of its decision and if the employer refuses the request, the notice is to set out the reasons for the refusal.

(9) The entitlement of an employee to parental leave is reduced by any period of parental leave taken by the employee’s spouse or de facto partner in relation to the same child, except:

(a) the period of leave referred to in 6.5.2(4); or

(b) an extended period of parental leave agreed to pursuant to 6.5.2(7).

(10) An employee who has given notice of his or her intention to take parental leave, other than for adoption is to provide to the employer a certificate from a medical practitioner stating that the employee or the employee’s spouse or de facto partner, as the case may be, is pregnant and the expected date of birth (or, where relevant, stating that the employee’s spouse or de facto partner has given birth to a living child and specifying the date of birth).

(11) An employee who has given notice of his or her intention to take parental leave or who is actually taking parental leave is to give notice supported by a statutory declaration to the employer of particulars of any period of parental leave taken or to be taken by the employee’s spouse or de facto partner in relation to the same child.

(12) The period of parental leave may be shortened by written agreement between the employee and the employer.

6.5.3 Period of Leave and Commencement of Leave

(1) Subject to 6.5.4 and 6.5.6, a female employee who has given notice of her intention to take parental leave, other than for adoption, is to commence the leave six (6) weeks before the estimated date of birth unless a medical practitioner has certified that she is fit to work closer to the date.

(2) An employee who has given notice of his or her intention to take parental leave must notify the employer of the dates on which the employee wishes to start and finish the leave. An employee who is taking parental leave is to notify the employer of any change to the date on which the employee wishes to finish the leave.

6.5.4 Transfer to a Safe-Job

(1) This clause applies where an employee gives her employer a medical certificate from a medical practitioner containing a statement to the effect that, in the medical practitioner’s opinion, the employee is fit to work, but that it is inadvisable for her to continue in her present position for a stated period because of:

(a) illness, or risks, arising out of her pregnancy; or

(b) hazards connected with that position.

(2) If the employee’s employer thinks it to be reasonably practicable to transfer the employee to a safe job - the employer must transfer the employee to the safe job, with no other change to the employee’s terms and conditions of employment; or

(3) If the employee’s employer does not think it to be reasonably practicable to transfer the employee to a safe job:

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(a) the employee may take paid leave immediately for a period ending at the time mentioned in 6.5.4(5)(b); or

(b) the employer may require the employee to take paid leave immediately for a period ending at the time mentioned in 6.5.4(5)(b).

(4) If the employee takes paid leave under 6.5.4(3)(a) or 6.5.4(3)(b) during a period, the employer must pay the employee for that period the amount the employee would have received as her payment at the time the leave is taken. Where the number of hours cannot be determined, the total number of hours worked in the 52 weeks immediately before the leave is taken are to be averaged.

(5) If the employee takes paid leave under 6.5.4(3)(a) or 6.5.4(3)(b):

(a) the entitlement to leave is in addition to any other leave entitlement she has; and

(b) the period of leave ends at the earliest of whichever of the following times is applicable:

(i) the end of the period stated in the medical certificate;

(ii) if the employee’s pregnancy results in the birth of a living child - the end of the day before the date of birth;

(iii) if the employee’s pregnancy ends otherwise than with the birth of a living child - the end of the day before the end of the pregnancy.

(6) Leave taken under 6.5.4(3)(a) or 6.5.4(3)(b) shall be treated as parental leave for the purposes of 6.5.7, 6.5.8 and 6.5.9.

6.5.5 Cancellation of Parental Leave

(1) Parental leave applied for, but not commenced, will be cancelled when the pregnancy of an employee or an employee’s spouse or de facto partner terminates other than by the birth of a living child or when the proposed placement of a child with an employee is cancelled.

(2) Where the pregnancy of an employee then on parental leave terminates other than by the birth of a living child, the employee has the right to resume work at a time nominated by the employer which date must not be less than four weeks from the date the employee gives notice in writing to the employer that the employee desires to resume work.

(3) Where an employee is on parental leave and gives birth to a living child but the child later dies, the employee’s entitlement to parental leave is not affected by the death of a child, except that the employer may give written notice to the employee that from a stated day the parental leave is cancelled. The stated day must be no earlier than the later of four (4) weeks from the day the notice was given or six (6) weeks after the date of birth.

(4) Where an employee is on parental leave for adoption and the placement is cancelled or discontinued, the employee’s entitlement to parental leave is not affected by the cancellation or discontinuation of the placement, except that the employer may give written notice to the employee that from a stated day the parental leave is cancelled. The stated day must be no earlier than four (4) weeks from the day the notice was given.

(5) If during a substantial period while an employee is on parental leave the employee is not the child’s primary care-giver and it is reasonable to expect that the employee will not again become the child’s primary care-giver within a reasonable period, the employer may give written notice that from a stated day the parental leave is cancelled. The stated day must be no earlier than four (4) weeks after the notice is given.

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6.5.6 Special Parental Leave and Sick Leave

(1) Where the pregnancy of a female employee not then on parental leave has ended within 28 weeks before the expected date of birth of the child otherwise than by the birth of a living child then she must be entitled to such period of unpaid leave (to be known as special parental leave) as a duly qualified medical practitioner certifies as necessary before her return to work.

(2) Where a female employee not then on parental leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special parental leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special parental leave and parental leave must not exceed 52 weeks, or a further extended period of parental leave agreed to under 6.5.2(6).

(3) For the purposes of 6.5.7, 6.5.8 and 6.5.9, parental leave includes special parental leave.

(4) An employee returning to work after the completion of a period of leave taken pursuant to this subclause will be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to 6.5.4, to the position she held immediately before such transfer. Where such position no longer exists but there are other positions available, for which the employee is qualified and the duties of which she is capable of performing, she will be entitled to a position as nearly comparable in status and pay to that of her former position.

6.5.7 Parental Leave and Other Leave Entitlements

(1) Provided the aggregate of leave including leave taken pursuant to 6.5.4 and 6.5.6 does not exceed 52 weeks, or a further extended period of parental leave agreed to under 6.5.2(6), an employee may, instead of or in conjunction with parental leave, take any annual leave or long service leave or any part of annual leave or long service leave to which the employee is then entitled.

(2) Paid sick leave or other paid authorised Award absences (excluding annual leave or long service leave) will not be available to an employee during the employee’s absence on parental leave.

6.5.8 Effect of Parental Leave on Employment

Absence on parental leave does not break the continuity of service of an employee but is not to be taken into account in calculating the period of service for any purpose of the Award.

6.5.9 Termination of Employment

(1) An employee on parental leave may terminate his or her employment at any time during the period of leave by notice given in accordance with this Award.

(2) An employer must not terminate the employment of an employee on the ground of the employee’s pregnancy or of the employee’s absence on parental leave, but otherwise the rights of an employer in relation to termination of employment are not affected.

6.5.10 Return to Work after Parental Leave

(1) Upon finishing parental leave an employee will be entitled to the position which the employee held immediately before proceeding on parental leave or, in the case of an employee who was transferred to a safe job pursuant to 6.5.4, to the position which the employee held immediately before such transfer.

(2) If the position referred to in 6.5.10(1) no longer exists but there are other positions available for which the employee is qualified and the duties of which the employee is capable of

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performing, the employee will be entitled to the position most comparable in status and pay to that of the employee’s former position.

(3) Where, immediately before starting parental leave, an employee was acting in, or performing on a temporary basis the duties of, the position referred to in 6.5.10(1), that subclause applies only in respect of the position held by the employee immediately before taking the acting or temporary position.

(4) An employee may request the employer to permit the employee, on finishing parental leave, to work on a modified basis in a position to which the employee is entitled under 6.5.10(1) or 6.5.10(2). Such a request is to be made in writing least seven (7) weeks before the day on which the employee finishes parental leave.

(5) If the employee has been permitted to work on a modified basis, the employee may subsequently request the employer permit the employee to resume working on the same basis as the employee worked immediately before starting parental leave. Such a request is to be made in writing at least six (6) weeks before the day the employee wishes to resume working on the basis as the employee worked immediately before starting parental leave.

(6) The employer is to agree to a request under 6.5.10(4) unless:

(a) the employer, having considered the employee’s circumstances, is not satisfied that the request is genuinely based on the employee’s parental responsibilities; or

(b) there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of the operations or business of the employer and those grounds would satisfy a reasonable person.

(7) The employer is to agree to a request under 6.5.10(5) unless there are grounds to refuse the request relating to the adverse effect that agreeing to the request would have on the conduct of the operations or business of the employer and those grounds would satisfy a reasonable person.

(8) The employer is to give the employee written notice of its decision on a request under 6.5.10(4) or 6.5.10(5) and, if the request is refused, the notice is to set out the reasons for the refusal.

(9) If the employee has been permitted to work on a modified basis, the employer may subsequently require the employee to resume working on the same basis as the employee worked immediately before starting parental leave. The employer must give at least six (6) weeks’ notice before the day on which the employer wishes the employee to resume working on the basis as the employee worked immediately before starting parental leave. The employer is to give notice in writing setting out the reasons for the requirement.

(10) A requirement can be made under 6.5.10(9) if, and only if:

(a) the requirement is made on the grounds relating to the adverse effect that the employee continuing to work on a modified basis would have on the conduct of the operations of business of the employer and those grounds would satisfy a reasonable person; or

(b) the employee no longer has a child below school age.

(11) The employer is to give written notice of a decision under 6.5.10(9) and the notice is to set out the reasons for the decision.

(12) In 6.5.10(4) "modified basis" means a basis that involves the employee working

(a) on different days or at different times, or both; or

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(b) on fewer days or for fewer hours, or both,

than the employee worked immediately before starting parental leave.

6.5.11 Replacement Employees

(1) A replacement employee is an employee specifically engaged as a result of an employee proceeding on parental leave.

(2) Before an employer engages a replacement employee under this subclause, the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

(3) Before an employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising his or her rights under this clause, the employer must inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

(4) Nothing in this subclause will be construed as requiring an employer to engage a replacement employee.

(5) A replacement employee will not be entitled to any of the rights conferred by this clause except where the replacement employee’s employment continues beyond the twelve (12) months' qualifying period.

6.6 - CARER’S LEAVE

6.6.1 An employee other than a casual employee is entitled to use up to ten (10) days of his or her sick leave entitlement in any given year as paid carer’s leave to provide care or support to a member of the employee’s family or household who requires care or support because of:

(1) an illness or injury to the member; or

(2) an unexpected emergency affecting the member.

6.6.2 A employee, including a casual employee, is entitled to unpaid carer’s leave of up to two (2) days for each occasion (a "permissible occasion") on which a member of the employee’s family or household requires care or support because of:

(1) an illness or injury to the member; or

(2) an unexpected emergency affecting the member.

6.6.3 An employee is only entitled to take unpaid carer’s leave if the employee cannot take paid carer’s leave.

6.6.4 For the purposes of 6.6.1 and 6.6.2 a "member of the employee’s family or household" means any of the following persons:

(1) the employee’s spouse or de factor partner;

(2) a child, step-child or grandchild of the employee (including an adult child, step-child or grandchild);

(3) a parent, step-parent or grandparent of the employee;

(4) a sibling of the employee;

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(5) any other person who, at or immediately before the relevant time for assessing the employee’s eligibility to take leave, lived with the employee as a member of the employee’s household.

6.6.5 The employee is required to provide to the employer evidence that would satisfy a reasonable person of the entitlement to leave under this clause.

6.7 - PUBLIC HOLIDAYS

6.7.1 (1) The following days or the days observed in lieu shall, subject to this subclause and to 3.2.1(3) of Clause 3.2 - Overtime of this Award, be allowed as holidays without deduction of pay, namely -

New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day.

Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause.

Provided further that for an employee employed north of the 26th parallel of south latitude or outside the South West Land Division, Australia Day, Easter Monday, Foundation Day, Sovereign's Birthday and Boxing Day shall not be holidays but in lieu thereof there shall be added one week to the annual leave to which the employee is entitled under this clause.

(2) When any of the days mentioned in 6.7.1(1) falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or on a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

6.7.2 On any public holiday not prescribed as a holiday under this Award, the employer's establishment or place of business may be closed, in which case an employee need not present for duty and payment may be deducted, but if work be done, ordinary rates of pay shall apply.

7. - DISPUTE RESOLUTION PROCEDURE

7.1 A procedure for the avoidance of industrial disputes shall apply in establishments covered by this Award.

7.2 The objective of the procedure shall be to promote the resolution of disputes by measures based on consultation, co-operation and discussion; to reduce the level of industrial confrontation; and to avoid interruption to the performance of work and the consequential loss of production and wages.

7.3 It is acknowledged that in some companies or sectors of the industry, disputes avoidance/settlement procedures are either now in place or in the process of being negotiated and it may be the desire of the immediate parties concerned to pursue those mutually agreed procedures.

(1) Any question, dispute or difficulty arising under this Award shall be subject to dispute settlement procedures established under this award.

(2) Any settlement reached which is contrary to the terms of this Award shall not have effect unless or until that conflict is resolved.

(3) Any matter not settled may be referred to the Commission at any time provided that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.

7.4 In other cases, the following principles shall apply:

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(1) Depending on the issues involved, the size and function of the plant or enterprise and the union membership of the employees concerned, a procedure involving up to four stages of discussion shall apply. These are:

(a) discussions between the employee/s concerned (and shop steward if requested) and the immediate supervisors;

(b) discussions involving the employee/s concerned, the shop steward and the employer representatives;

(c) discussions involving representatives from the state branch of the union(s) concerned and the employer representative(s);

(d) discussions involving senior union officials (state secretary) and the senior management representative(s);

(e) there shall be an opportunity for any party to raise the issue to a higher stage.

(2) There shall be a commitment by the parties to achieve adherence to this procedure. This should be facilitated by the earliest possible advice by one party to the other of any issue or problem which may give rise to a grievance or dispute.

(3) Throughout all stages of the procedure all relevant facts shall be clearly identified and recorded.

(4) Sensible time limits shall be allowed for the completion of the various stages of the discussions. At least seven days should be allowed for all stages of the discussions to be finalised.

(5) Emphasis shall be placed on a negotiated settlement. However if the negotiation process is exhausted without the dispute being resolved, the parties shall jointly or individually refer the matter to the Commission for assistance in resolving the question, dispute or difficulty provided that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.

(6) In order to allow for the peaceful resolution of grievances the parties shall be committed to avoid stoppages of work, lockouts or any other bans or limitation on the performance of work while the procedures of negotiation and conciliation are being followed.

(7) The employer shall ensure that all practices applied during the operation of the procedure are in accordance with safe working practices and consistent with established custom and practices at the workplace.

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8. - REGISTERED ORGANISATION

8.1 - RIGHT OF ENTRY FOR DISCUSSIONS WITH EMPLOYEES

An authorised representative of the Union, as defined by the Act, may enter, during working hours, the premises of the employer in accordance with the provisions of sections 49G and 49H of the Act.

8.2 - RIGHT OF ENTRY TO INVESTIGATE BREACHES

An authorised representative may enter any premises during working hours where relevant employees work to investigate any suspected breach of the Act, the Minimum Conditions of Employment Act 1993, the Occupational Safety and Health Act 1984, the Mines Safety and Inspection Act 1994 or an award, order, industrial agreement or employer-employee agreement that applies to any such employee in accordance with section 49I of the Act.

8.3 - POSTING OF AWARD AND UNION NOTICES

The employer shall keep a copy of this Award in a convenient place in the workshop and the employer shall also provide a notice board for the posting of union notices.

8.4 - BOARD OF REFERENCE

8.4.1 There shall be a Board of Reference consisting of a chairperson and an equal number of employers' and employees' members who shall be appointed pursuant to section 48 of the Act and regulation 117 of the Industrial Relations Commission Regulations 2005.

8.4.2 The Board of Reference may allow, approve, fix, determine, or deal with -

(1) any matter or thing that, under the award, may require to be allowed, approved, fixed, determined or dealt with by a Board of Reference; and

(2) any matter or thing arising under or out of the provisions of an award, not involving the interpretation of any such provision, which the Commission may at any time, by order, authorise a Board of Reference to allow, approve, fix, determine or deal with,

in the manner and subject to the conditions specified in the Award or order, as the case may be.

9. - SUPERANNUATION

9.1 An employer shall pay contributions in accordance with the Superannuation Legislation on behalf of each eligible employee to an Approved Fund or scheme chosen in accordance with 9.3 - Employer Contributions.

9.2 Definitions:

"Approved Fund" means a superannuation fund or scheme that is a complying superannuation fund or scheme within the meaning of the Superannuation Legislation and to which, under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme.

"Eligible employee" means an employee who is entitled to receive employer superannuation contributions in accordance with the Superannuation Legislation.

"Ordinary time earnings" means an employee's award classification rate (including supplementary payment) any regular over-award payment, tool allowance, leading hand allowance and shift loading,

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including week-end and public holiday rates where the shift worked is part of the employee's ordinary hours of work.

All other allowances and payments are excluded.

"Relevant Fund" means an Approved Fund nominated by the employee, which is able to accept contributions from the employer.

"Superannuation Legislation" means the Federal legislation as varied from time to time, governing the superannuation rights and obligations of the parties, which includes the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993.

9.3 Employer Contributions:

(1) An employer shall contribute 9% of ordinary time earnings per eligible employee into one of the following approved funds:

(a) Westscheme;

(b) Any Approved Fund agreed between the employer, employees and their Union or Unions, where applicable;

(c) Any Approved Fund which has application to employees in the principal business of the employer, where employees covered by this Award are a minority of award-covered employees;

(d) Any other Approved Fund to which an employer or employee who is a member of the religious fellowship known as Brethren elects to contribute; or

(e) Any Relevant Fund which is nominated by the employee.

(2) Employer contributions shall be paid on a monthly basis for each week of service that the eligible employee completes with the employer.

(3) No contributions shall be made for periods of unpaid leave, or unauthorised absences in excess of 38 ordinary hours or for periods of employees' compensation in excess of 52 weeks.

No contributions shall be made in respect of annual leave paid out on termination or any other payments on terminations.

9.4 (1) Employees may nominate a Relevant Fund or scheme into which the contributions by an employer on behalf of the employee will be made.

(2) The employer shall notify the employee of the entitlement to nominate an Approved Fund or scheme as a Relevant Fund as soon as practicable.

(3) The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the Relevant Fund or scheme to which contributions are to be made.

(4) The employer shall not unreasonably refuse to agree to a change of Relevant Fund or scheme requested by an employee.

(5) The employer is required to make contributions to an Approved Fund or scheme nominated by the employer until the employee nominates a Relevant Fund or scheme.

9.5 Subject to the Trust Deed to the Fund of which an employee is a member, the following provisions will apply:

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(1) Paid Leave

Contributions must continue whilst a member of a Fund is absent on annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave, or other paid leave.

(2) Unpaid Leave

Contributions will not be required in respect of any period of absence from work without pay of one day or more.

(3) Work Related Injury or Illness

If an eligible employee's absence from work being due to work related injury or work related illness, contributions at the normal rate must continue for the period of the absence provided that:

(a) the member of the fund is receiving workers' compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements or the provisions of this Award;

(b) the person remains an employee of the employer.

9.6 Nothing contained herein shall serve to reduce any superannuation entitlement which an employee was receiving at the time this clause became effective.

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PART 2 - CONSTRUCTION WORK

10. - GENERAL PROVISIONS

Except as provided in this Part the provisions of PART 1 - GENERAL of this Award shall apply to employees engaged on construction work defined in Clause 1.6 - Definitions and Classification Structure of that PART.

11. - DEFINITION

Welder "Special Class" means:-

(1) A welder who is a coded pressure welder to the satisfaction of the Worksafe Western Australia Commissioner.

(2) A welder who does work which is subject to other special tests, but does not include a welder who is required to pass a normal trade test on engagement.

12. - CONTRACT OF EMPLOYMENT

12.1 - CONTRACT OF SERVICE

12.1.1 In a case to which 2.1.3 of Clause 2.1 – Contract of Service of PART 1 – GENERAL applies -

(1) the contract of service shall, for the purposes of this Award, be deemed to have terminated at the time at which the employee was last ready, willing and available for work during ordinary working hours under the contract; and

(2) the provisions of 2.1.3(1) of Clause 2.1 – Contract of Service of PART 1 – GENERAL shall be deemed to have been complied with if the employee pays to the employer, whether by forfeiture or otherwise, an amount equivalent to the employee's ordinary wages for the period of notice which should have been given.

12.1.2 The period of notice referred to in 2.1.3(1) of Clause 2.1 – Contract of Service of PART 1 – GENERAL is -

(1) in the case of a casual employee, one (1) hour;

(2) in any other case the notice required to be given in 2.1.2(1) and 2.1.2(2) of Clause 2.1 – Contract of Service of PART 1 – GENERAL.

12.1.3 Subject to 12.1.2(2) an employer shall, in the case of an employee who has completed one month's service with that employer, give notice to the employee on the day on which the contract of service is to end and pay the employee one week's ordinary wages: Provided that where an employee, having been offered and refused further employment at another site with the same employer, subsequently, within a fortnight of such refusal, applies to that employer for employment and is engaged to work at that other site, the one week's wages paid to the employee under this subclause shall be credited towards payment of any moneys due in the new employment.

12.1.4 The employer shall be under no obligation to pay for any day not worked upon which the employee is required to present for duty, except when such absence from work is due to illness and comes within the provisions of Clause 6.2 – Sick Leave of PART 1 - GENERAL of this Award or such absence is on account of paid leave to which the employee is entitled under the provisions of this Award.

12.1.5 (1) (a) The employer is entitled to deduct payment for any day or part of a day upon which an employee (including an apprentice) cannot be usefully employed because of

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industrial action by any of the unions party to this award or by any other association or union.

(b) If an employee is required to attend for work on any day but by reason of failure or shortage of electric power work is not provided, he or she shall be entitled to two (2) hours' pay and further, where any employee commences work he or she shall be entitled to four (4) hours' employment or be paid for four hours' work.

(2) The provisions of 12.1.5(1) also apply where the employee cannot be usefully employed through any cause which the employer could not reasonably have prevented but only if, and to the extent that, the employer and the union or unions concerned so agree or, in the event of disagreement, the Board of Reference so determines.

(3) Where the stoppage of work has resulted from a breakdown of the employer's machinery the Board of Reference, in determining a dispute under 12.1.5(2), shall have regard for the duration of the stoppage and the endeavours made by the employer to repair the breakdown.

12.1.6 The provisions of this clause shall not apply in any case where the employee's contract of service is to be changed from PART 2 - CONSTRUCTION WORK to PART 1 - GENERAL of this Award.

12.2 - APPRENTICES

An apprentice shall not be employed on the construction of a large industrial undertaking or any large civil engineering projects unless the apprentice -

(1) is in the final year of apprenticeship; or

(2) is not less than 19 years of age and is being trained pursuant to the Special Trade Training Programme; or

(3) the union or unions concerned so agree.

12.3 - REDUNDANCY

12.3.1 This clause shall apply where an employee ceases, for any reason, to be employed by an employer respondent to this Award, other than for reasons of misconduct.

12.3.2 Severance Pay:

(1) An employee, leaving his or her employer on account of a decision in accordance with 12.3.1, shall be entitled to the following amount of severance pay in respect of continuous periods of service:

Period of Continuous Service Severance Pay

Less than one year $25.00 for each completed week service, to a maximum of two weeks pay.

One year but less than two years Two weeks' pay plus $25.00 for each completed week of service, to a maximum of four weeks' pay.

Two years but less than three years Four weeks' pay plus $25.00 for each completed week of service, to a maximum of six weeks' pay.

Three years but less than four years Seven weeks' pay.

(2) "Week's pay" shall mean the ordinary weekly rate of wage for the employee concerned, as set out in Clause 13 - Wages, but shall not include site, disability or travel allowances.

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(3) For the purposes of this clause, "service" shall mean employment on construction work as defined by Clause 1.6 – Definitions and Classification Structure of PART 1 - GENERAL of this Award but shall not include:

(a) service as an apprentice under the terms of this Award; or

(b) service of PART 1 - GENERAL of this Award.

(4) For the purpose of implementing this clause, employees who have been continuously employed with an employer since 22nd March 1989 shall have service with the employer for that time counted in calculation of their length of service.

For all other employees who were not in the employ of their current employer on 22nd March, 1989, length of service shall be calculated on the time of continuous service with their current employer.

(5) For the purpose of this clause, continuity of service shall not be broken on account of -

(a) any interruption or termination of employment by the employer if made merely with the intention of avoiding obligations hereunder in respect of leave of absence; or

(b) any absence from work on account of leave lawfully granted by the employer; or

(c) any absence, with reasonable cause, proof whereof shall be provided by the employee; and

Provided that in the calculation of continuous service under this subclause, any time in respect of which an employee is absent from work, except on paid leave and public holidays as prescribed by this Award, shall not count as service for the purposes of this clause.

(6) Where an employee remains in his or her employment with the employer and is transferred between construction sites, or between construction work and work of PART 1 - GENERAL of this Award, the period of service on construction work shall be preserved for the purposes of calculating continuous service under the terms of this clause.

(7) An employee who terminates his or her employment before the completion of four weeks' continuous service with the employer shall not be entitled to the provisions of this clause.

12.3.3 Employee Leaving During Notice:

An employee whose employment is to be terminated in accordance with this clause may terminate his or her employment during the period of notice and if this occurs, shall be entitled to the provisions of this clause as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

12.3.4 Incapacity to Pay:

An employer in a particular severance/redundancy case may make application to the Commission to have the general severance pay prescription varied on the basis of the employer's incapacity to pay.

12.3.5 Alternative Employment:

An employer, in a particular severance/redundancy case, may make application to the Commission to have the provisions of this clause varied if the employer obtains acceptable alternative employment for an employee which shall include, but not limited to, transfer from one site to another and/or transfer to a workshop.

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12.3.6 Dispute Settling Procedures:

Any dispute under these provisions shall be processed according to procedures established in Clause 7. - Dispute Resolution Procedure and in the event that the dispute is not resolved by those procedures, the matter shall be referred to the Commission.

12.3.7 Termination/Redundancy Fund:

Employers may, at their discretion, utilise a fund to meet their liabilities to their employees accrued pursuant to the term of this clause, provided that such fund shall provide a level of benefits equal to those prescribed by this clause.

13. - WAGES

13.1 (1) Subject to Clause 15.1 - Special Allowances and Provisions of this PART of the Award the ordinary weekly rate of wage shall be as set out hereunder and shall be inclusive of all special rates and allowances and be paid as an "all purpose" rate.

(2) The ordinary weekly wage of an employee (other than an apprentice) shall consist of the base rate, special payment and the Safety Net Adjustment as applicable, as set out in 13.2.

The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

13.2 (1) Classification

Base Rate$

Special Payment

Adjustment$

Arbitrated Safety Net

$

Total Rate Per

Week$

(a) Instrumentation and Controls Tradesperson

423.80 96.00 0 918.90

(b) Instrument Tradesperson - Complex Systems

386.60 84.90 0 866.70

(c) Instrument Tradesperson 380.10 80.10 0 856.70(d) Scientific Instrument Maker 380.10 80.10 0 856.70(e) Welder - Special Class 371.40 80.10 0 847.20(f) Welder 362.90 80.10 0 838.00(g) Electrician - Special Class 386.60 84.90 0 866.70(h) Electrical Fitter 362.90 80.10 0 838.00(i) Electrical Installer 362.90 80.10 0 838.00(j) Boilermaker 362.90 80.10 0 838.00(k) Tradesperson the greater part of

whose time is occupied in marking off and/or template making

367.10 80.10 0 842.60

(l) Mechanical Tradesperson - Special Class

386.60 84.90 0 866.70

(m) Tradesperson 362.90 80.10 0 838.00(n) Pipe Fitter 362.90 80.10 0 838.00(o) Fitter - Refrigeration 362.90 80.10 0 838.00(p) Fitter -

Window Frame362.90 80.10 0 838.00

(q) Motor Mechanic 362.90 80.10 0 838.00(r) Machinist - Engineering:

First Class 362.90 80.10 0 838.00Second Class 327.20 66.80 0 781.40

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(s) Certificated Rigger or Scaffolder 345.70 68.90 0 803.10(t) Rigger or Scaffolder - Other 334.70 67.70 0 790.30(u) Tool and Material Storesperson 322.90 65.80 0 775.80(v) Tradesperson's Assistant 310.20 64.30 0 760.80(w) Tradesperson's Assistant - who

from time to time uses a grinding machine

311.70 65.80 0 763.90

(x) Lagger -first 6 months' experience

310.20 63.40 0 759.80

2nd and 3rd six months' experience

311.70 65.40 0 763.50

4th and 5th six months' experience

315.90 65.60 0 768.10

thereafter 317.40 66.60 0 770.80(y) Grinder using portable machine 315.90 65.70 0 768.30(z) Crane Attendant and Dogman 334.70 67.70 0 790.30(aa) Labourer 291.60 62.10 0 738.80

(2) A certificated rigger, other than a leading hand, who in compliance with the provisions of the regulations made pursuant to the Occupational Safety and Health Act 1984, is responsible for the supervision of other employees shall be deemed to be a leading hand and be paid the additional rate prescribed for a leading hand placed in charge of not less than three (3) and not more than ten (10) other employees.

13.3 The ordinary weekly wage of an apprentice shall be calculated by applying the percentage applicable under 4.8.3 of Clause 4.8 - Wages and Supplementary Payments of PART 1 - GENERAL of this Award to the rate prescribed for a "Tradesperson" in 13.2 for the construction work upon which he or she is engaged.

13.4 Construction Allowances

(1) In addition to the appropriate rates of pay prescribed in this clause an employee shall be paid -

(a) $55.10 per week if the employee is engaged on the construction of a large industrial undertaking or any large civil engineering project.

(b) $49.60 per week if the employee is engaged on a multi-storeyed building, but only until the exterior walls have been erected and the windows completed and a lift made available to carry the employee between the ground floor and the floor upon which such employee is required to work. A multi-storeyed building is a building which, when completed, will consist of at least five storeys.

(c) $29.10 per week if the employee is engaged otherwise on construction work falling within the definition of construction work in Clause 1.6 - Definitions and Classification Structure of PART 1 - GENERAL of this Award.

(2) Any dispute as to which of the aforesaid allowances apply to particular work shall be determined by the Board of Reference.

13.5 Leading Hands

In addition to the appropriate total wage prescribed in this clause a leading hand shall be paid:

$

(1) If placed in charge of not less than three (3) and not more than ten (10) other employees

31.20

(2) If placed in charge of more than ten (10) and not more than twenty (20) other employees

47.70

(3) If placed in charge of more than twenty (20) other employees 61.70

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13.6 (1) Where an employer does not provide a tradesperson or an apprentice with the tools ordinarily required by that tradesperson or apprentice in the performance of work as a tradesperson or as an apprentice, the employer shall pay a tool allowance of -

(a) $17.10 per week to such tradesperson; or (b) In the case of an apprentice a percentage of $17.10 being the percentage which

appears against their year of apprenticeship in 4.8.3 of Clause 4.8 - Wages and Supplementary Payments of PART 1 - GENERAL (subject to Clause 12.2 - Apprentices of PART 2) of this Award,

for the purpose of such tradesperson or apprentice supplying and maintaining tools ordinarily required in the performance of their work as a tradesperson or apprentice.

(2) Any tool allowance paid pursuant to 13.6(1) shall be included in, and form part of, the ordinary weekly wage prescribed in this clause.

(3) An employer shall provide for the use of tradespersons or apprentices all necessary power tools, special purpose tools and precision measuring instruments.

(4) A tradesperson or an apprentice shall replace or pay for any tools supplied by their employer if lost through their negligence.

13.7 A casual employee shall be paid 25 per cent of the ordinary rate in addition to the ordinary rate for the calling in which he or she is employed.

13.8 Minimum Adult Award Wage

(1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2) The minimum adult award wage for full-time employees aged 21 or more is $708.90 per week payable on and from the commencement of the first pay period on or after 1 July 2017.

(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.

(4) Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.

(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(7) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(8) Subject to this clause the minimum adult award wage shall –

(a) Apply to all work in ordinary hours.

(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

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(9) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2017 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10) Adult Apprentices

(a) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $607.60 per week on and from the commencement of the first pay period on or after 1 July 2017.

(b) The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.

(c) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

(d) Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003

14. - HOURS

14.1 - REST PERIOD

14.1.1 (1) Subject to the provisions of this subclause, a rest period of seven (7) minutes from the time of ceasing to the time of resumption of work shall be allowed each morning.

(2) The rest period shall be counted as time off duty without deduction of pay and shall be arranged at a time and in a manner to suit the convenience of the employer.

(3) Refreshments may be taken by employees during the rest period but the period of seven minutes shall not be exceeded under any circumstances.

(4) An employer who satisfies the Commission that any employee has breached any condition expressed or implied in this subclause may be exempted from liability to allow the rest period.

(5) In an establishment in which the majority of employees are not subject to this award, the provisions of this subclause do not apply but any employee to whom this Award applies shall be entitled to the rest period, if any, which may be allowed to the aforesaid majority.

14.1.2 On work on which the majority of employees are employed under this Award, in addition to the rest period referred to in 14.1.1 but subject to the same conditions, a rest period of seven (7) minutes shall be allowed as soon as possible after the end of the second hours work following the meal interval unless the employees concerned prefer to do without such rest period, but the provisions of this subclause only apply to an employee on any day on which the employee is required for overtime for half an hour or more immediately following the employee's ordinary finishing time.

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14.2 - SHIFT WORK

14.2.1 Shifts may be worked on construction work provided the employer has given the union notice of the intention to work shifts and the intended starting and finishing times of ordinary hours of the respective shifts.

14.2.2 (1) Where any particular process is carried out on shifts other than day shift and less than five (5) consecutive afternoons or five (5) consecutive night shifts are worked on that process, then employees employed on such afternoon or night shifts shall be paid at overtime rates.

Provided that where the ordinary hours of work normally worked in an establishment are worked on less than five (5) days then the provision of 14.2.2(1) shall be as if that number of consecutive shifts were substituted for five (5) consecutive shifts.

(2) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or any other day that the employer observes a shut down for the purpose of allowing a 38 hour week or on any holiday.

14.2.3 Where shift work is worked on construction work or by the contractor on commissioning tests for new plant -

(1) the first night shift in ordinary hours in any week shall not commence before Monday night; and

(2) the ordinary hours on each shift shall include crib time not exceeding twenty minutes which shall be taken in relays so as not to cause a stoppage of operations and at times convenient to the employer.

14.2.4 A shift employee engaged on construction work or on commissioning tests for new plant shall, in addition to the ordinary rate, be paid per shift for eight (8) hours, a loading of 25 per cent for night shift.

14.2.5 Where shifts are worked on construction work or on commissioning tests for new plant the day and night shifts may change weekly where there is agreement between the parties.

15. - ALLOWANCES AND PROVISIONS

15.1 - SPECIAL ALLOWANCES AND PROVISIONS

15.1.1 (1) Where obnoxious or unusually dirty or extreme confined space conditions are encountered attributable to sources other than normal construction work disabilities, the Board of Reference may be convened to investigate the specific complaint.

(2) The Board of Reference shall determine the remedial measures required and/or award a disability allowance if deemed necessary in the circumstances.

15.1.2 (1) The employer shall, where practicable, provide a waterproof and secure place on each job for the safekeeping of an employee's tools when not in use and an employee's working clothes and where an employee is absent from work because of illness or accident and has advised the employer to that effect in accordance with the provisions of Clause 6.2 - Sick Leave of PART 1 - GENERAL of this award the employer shall ensure that the employee's tools and working clothes are securely stored during the employee's absence.

(2) Subject to 15.1.3 where the employee's tools or working clothes are lost by fire or breaking and entering whilst securely stored in the place provided by the employer under 15.1.2(1) the employer shall reimburse the employee for that loss but only up to a maximum of $922.70.

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(3) The provisions of 15.1.2(2) shall only apply with respect to tools and working clothes used by an employee in the course of his or her employment as set out in a list furnished to the employer at least twenty four (24) hours before being lost by fire or theft and if the employee has reported any theft to the police.

15.1.3 An employee employed at the Alumina Refinery, Kwinana in areas 40, 30, 35 (k), 45, 25, 35 (f) (where operating), 35 (d) (where operating), 35 (c) (where operating), 50 (where operating), 36 (A to E tanks inclusive) shall be supplied with overalls and boots by the employer.

15.1.4 An Electronics Tradesperson, an Electrician Special Class, an Electrical Fitter and/or Armature Winder or an Electrical Installer who holds, and in the course of employment may be required to use, a current "A" Grade or "B" Grade licence issued pursuant to the relevant regulation in force on the 28th day of February 1978 under the Electricity Act 1945, shall be paid an allowance of $24.70 per week (rate from 11/4/90).

15.2 - ALLOWANCE FOR TRAVELLING AND EMPLOYMENT IN CONSTRUCTION WORK

15.2.1 An employee, who on any day is required by the employer to report directly to the job, shall be paid an allowance in accordance with the provisions of this subclause to compensate for travel patterns and costs peculiar to the industry, which includes mobility requirements of employees, and the nature of employment in construction work covered by this Award -

(1) On places within a radius of 50 kilometres from the General Post Office, Perth - $17.25 per day.

(2) For each additional kilometre to a radius of 60 kilometres from the General Post Office, Perth – 92 cents per kilometre.

(3) Subject to the provisions of 15.2.1(4), work performed at places beyond a 60 kilometre radius from the General Post Office, Perth shall be deemed to be distant work unless the employer and the employees, with the consent of the union, agree in any particular case that the travelling allowance for such work shall be paid under this clause, in which case an additional allowance of 92 cents per kilometre shall be paid for each kilometre in excess of the 60 kilometre radius.

(4) In respect of work carried out from an employer's depot situated outside a radius of 60 kilometres from the General Post Office, Perth the main Post Office in the town in which such depot is situated shall be the centre for the purpose of calculating the allowance to be paid.

(5) Where transport to and from the job is supplied by the employer from and to the depot or such other place more convenient to the employee as is mutually agreed upon between the employer and the employee, half the above rates shall be paid, provided that the conveyance used for such transport is equipped with suitable seating and weather proof covering.

15.2.2 The provisions of this clause do not apply to an employee to whom Clause 15.3 - Distant Work of this PART is applicable.

15.3 - DISTANT WORK

15.3.1 Where an employee is engaged or selected or advised by an employer to proceed to construction work at such a distance that the employee cannot return home each night and the employee does so, the employer shall provide the employee with suitable board and lodging or shall pay the expenses reasonably incurred by the employee for board and lodging.

15.3.2 The provisions of 15.3.1 do not apply with respect to any period during which the employee is absent from work without reasonable excuse and in such a case, where the board and lodging is supplied by

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the employer, the employer may deduct from moneys owing or which may become owing to the employee an amount equivalent to the value of that board and lodging for the period of the absence.

15.3.3 Subject to the provisions of 15.3.5 -

(1) the employer shall pay all reasonable expenses including fares, transport of tools, meals and, if necessary, suitable overnight accommodation incurred by an employee or person engaged who is directed by the employer to proceed to the locality of the site and who complies with such direction.

(2) the employee shall be paid at ordinary rate of payment for the time up to a maximum of eight (8) hours in any one day incurred in travelling pursuant to the employer's direction.

15.3.4 Where an employee who, after one month of employment with an employer, leaves the employment, or whose employment is terminated by the employer "except for incompetency, within one working week of the employee commencing work on the job or for misconduct" and in either instance subject to the provisions of Clause 12. - Contract of Employment of this PART of this Award returns to the place from where the employee first proceeded to the locality, or to a place less distant than or equidistant to the place where the employee first proceeded, the employer shall pay all expenses - including fares, transport of tools, meals and, if necessary, suitable overnight accommodation incurred by the employee in so returning. Provided that the employer shall in no case be liable to pay a greater amount under this subclause than the employer would have paid if the employee had returned to the locality from which he first proceeded to the job.

15.3.5 On work north of the 26th parallel of South Latitude the following provisions apply -

(1) The employer may deduct the amount of the forward fare from the employee's first or later wages but the amount so deducted shall be refunded to the employee if the employee continues to work for three months, or, if the work ceases sooner, for so long as the work continues.

(2) If the employee continues to work for the employer for at least six (6) months or if the work ceases sooner, for so long as the work continues, the employer shall, on termination of the employee's engagement, pay the fare of the employee back from the place of work to the place of engagement if the employee so desires.

15.3.6 An employee, to whom the provisions of 15.3.1 apply, shall be paid an allowance of $35.30 for any weekend that the employee returns home from the job, but only if -

(1) The employee advises their employer or the employer's agent of their intention not later than the Tuesday immediately preceding the weekend in which they so return;

(2) The employee is not required for work during that weekend;

(3) The employee returns to the job on the first working day following the weekend; and

(4) The employer does not provide, or offer to provide, suitable transport.

15.3.7 Where an employee, supplied with board and lodging by the employer, is required to live more than 800 metres from the job the employee shall be provided with suitable transport to and from the job or be paid an allowance of $15.60 per day, provided that where the time actually spent in travelling either to or from the job exceeds 20 minutes, that excess time shall be paid for at ordinary rates whether or not suitable transport is supplied by the employer.

15.3.8 Notwithstanding any other provisions contained in this clause and in lieu of any such provisions the following conditions shall apply to an employee who is engaged or selected or advised by an employer to proceed to construction work at such a distance that the employee cannot return to his or her home each night and where such construction work is located north of the 26th parallel of south latitude or in any other area to which air transport is the only practicable means of travel:

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(1) An employee may return home or to Perth or to any other place at a weekend to be mutually agreed upon between the employee and the employer:

(a) After four continuous months service with his or her employer; and in addition to the weekend the employee shall be entitled to two days leave on ordinary pay subject to the provisions of 15.3.8(2), and

(b) After each further period of four months continuous service with the employer; and in addition to the weekend, the employee shall be entitled to two days leave, one of which days shall be on ordinary pay subject to the provisions of 15.3.8(2).

(2) Where an employee returns home or to Perth or any other place in accordance with the provisions of this subclause and returns to the job and commences work at the time arranged with the employer, on the first working day for that employee immediately following the period of leave referred to in 15.3.8(1), that employee shall be paid at the completion of the first pay period commencing on or after the day upon which the employee returns to work from the leave taken pursuant to 15.3.8(1) the ordinary pay for that period of leave and the actual cost of air fares incurred in travelling home or to Perth or to any other place and to the job and which in no case shall exceed the cost of an economy air fare from the job to Perth and return.

(3) The entitlement to leave and travelling accruing to an employee pursuant to 15.3.8(1) may be availed of as soon as reasonably practicable after it becomes due and if it is not availed of within one month after it so becomes due the entitlement shall lapse.

15.3.9 Any time in respect of which an employee is absent from work except time for which the employee is entitled to claim payment pursuant to Clause 6.2 - Sick Leave of PART 1 - GENERAL of this Award or time spent on holidays pursuant to 6.7.1 of Clause 6.7 - Public Holidays of PART 1 - GENERAL of this Award shall not count for determining the employee's rights to travel and leave under the provisions of 15.3.8.

15.4 - SPECIAL PROVISION - WESTERN POWER

15.4.1 This clause shall apply to any employee otherwise covered by this PART of the Award who is engaged on work being carried out for Western Power at Kwinana or Muja.

15.4.2 In addition to the wage otherwise payable to an employee pursuant to the provisions of PART 2 - CONSTRUCTION WORK of this Award, an employee (other than an apprentice) shall be paid –

(1) $2.46 per hour for each hour worked if employed at Muja;

(2) $1.44 per hour for each hour worked if employed at Kwinana;

(3) A safety footwear allowance of twelve (12) cents per hour for each hour worked to compensate for the requirement to wear approved safety footwear which is to be maintained in sound condition by the employee. Failure to wear approved safety footwear or to maintain it in sound condition as determined by the employer shall render the employee liable to dismissal.

15.4.3 (1) An employee, to whom Clause 15.2 - Allowance for Travelling and Employment in Construction Work of this PART applies and who is engaged on construction work at Muja, shall be paid -

(a) An allowance of $17.25 per day if the employee resides within a radius of 50 kilometres from the Muja power station;

(b) An allowance of $45.60 per day if the employee resides outside that radius.

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in lieu of the allowance prescribed in the said clause.

(2) Where transport to and from the job is supplied by the employer from and to a place mutually agreed upon between the employer and the employee half the above rates shall be paid provided that the conveyance used for such transport is equipped with suitable seating and weather proof covering.

15.4.4 In addition to the allowance payable pursuant to 15.3.6 of Clause 15.3 – Distant Work of this PART, an employee to whom that clause applies shall be paid $34.00 on each occasion upon which the employee returns home at the weekend, but only if -

(1) The employee has completed three months' continuous service with the employer;

(2) The employee is not required for work during the weekend;

(3) The employee returns to the job on the first working day following the weekend;

(4) The employer does not provide, or offer to provide, suitable transport;

and such payment shall be deemed to compensate for a periodical return home at the employer's expense.

15.4.5 An employee to whom Clause 15.3 - Distant Work of this PART applies and who proceeds to construction work at Muja from home where located within a radius of 50 kilometres from the General Post Office, Perth -

(a) Shall be paid an amount of $79.90 and for three hours at ordinary rates in lieu of expenses and payment prescribed in 15.3.3 of the said clause; and

(b) In lieu of the provisions of 15.3.4 of the said clause, shall be paid $79.90 and for three (3) hours at ordinary rates when the employee's services terminate, if the employee has completed three (3) months’ continuous service;

and the provisions of 15.3.3 and 15.3.4 of Clause 15.3 - Distant Work of this PART shall not apply to such employee.

16. - LEAVE

16.1 - ANNUAL LEAVE LOADING

Notwithstanding the provisions of 6.1.1(3) of Clause 6.1 - Annual Leave of PART 1 - GENERAL of this Award the loading prescribed in the said paragraph shall apply to proportionate leave due to an employee whose employment is terminated by the employer for any cause other than misconduct.

17. - STRUCTURAL EFFICIENCY

17.1 The parties to this Award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the metal and engineering construction industry and to enhance career opportunities and job security of employees in the industry.

17.2 The parties shall establish a working group for the testing or trial of various skill levels and to enable proper consultation with both employees and employers in the industry on matters consistent with the objectives of 17.1. The parties shall process any such matters through that working group.

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17.3 Measures raised for consideration consistent with 17.2 shall be related to implementation of a new classification structure, any facilitative provisions contained in this Award and matters concerning training.

17.4 Without limiting the rights of either an employer or a union to arbitration, any other measure designed to increase flexibility on a site or within an enterprise sought by any party shall be notified to the working group and by agreement of the parties involved shall be implemented, subject to the following requirements.

(1) The changes sought shall not affect provisions reflecting national standards recognised by the Commission.

(2) The working party will consider the implications of the proposed measures for existing on-site arrangements.

(3) The majority of employees affected by the change at the site or enterprise must genuinely agree to the change.

(4) No employee shall lose income as a result of the change.

(5) The relevant union or unions must be a party to the agreement.

(6) Any agreement shall be subject, where appropriate, to approval by the Commission and, if approved, shall operate as a Schedule to this Award and take precedence over any provision of this Award to the extent of any inconsistency.

17.5 Award restructuring should be given its wider meaning and not be confined only to the restructuring of classifications but may extend to the review of other restrictive provisions which currently operate. To that end, such restrictive provisions will be reviewed on an on-going basis.

17.6 The parties to this Award recognise that in order to increase efficiency, productivity and international competitiveness of industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to -

(1) developing a more highly skilled workforce;

(2) providing employees with career opportunities through appropriate training to acquire additional skills; and

(3) removing barriers to the utilisation of skills acquired.

17.7 Any disputes arising in relation to the implementation of this clause shall be subject to the provisions of Clause 7 – Dispute Resolution Procedure of PART 1 - GENERAL.

18. - NAMED PARTIES

A.E. Smith-Westair

ABB Industries Pty Ltd

ABB Transmission & Distribution

ABC Bearings

Abel Appliance Service Co

Aero Flour Co

Air Liquide WA Pty Ltd

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Albany City Council

Allmark & Associates Pty Ltd

Alltype Engineering Services

Alsthom Australia Ltd (Power Plant Division)

Alucast

Alumacraft Pty Ltd

Alumimium Products (1964) Pty Ltd

Ampol Northlands

ANI Bradken WA

Anodisers WA

Applied Micro Systems (Australia) Pty Ltd

Arch Engineering

Architectural Ceiling Systems Pty Ltd

Arcus Australia Pty Ltd

Arnotts Biscuits Ltd

Asko Appliances (Aust) Pty Ltd

Astra Metal Products Pty Ltd

Atlas Cement

Austal Ships Pty Ltd

Austral Wright Metals

Australian Glass Manufacturers Co

Australian Pacific Air Conditioning Manufacturing

Auto Masters

Automotive Instrument Control

Baguley Engineering

Baguley F & Co

Bains Harding Industries Pty Ltd

Baitz Confectionery

Baker A.J. & Sons Pty Ltd

Baker, AJ & Sons

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Bassendean Town Council

Bayswater Powder Coaters Pty Ltd

Bells Thermalag & Industrial Services Pty Ltd

Belmont City Dairy Supplies

Benny's Gelati Pty Ltd A Division of D'Orsogna Ltd

Bernina Sewing Machines of Australia

Black & White Taxis

Bob Jane T-Mart

BOC Gases

Boomerang Engineering Pty Ltd

Bosich Motor Body Works

Bradford Insulation

Bradford Insulation (WA) Ltd

Bradys Building Products

Bridgestone Australia Ltd

Brine A T & Sons Pty Ltd

Bristile Ltd

Brother Industries Pty Ltd

Brother International (Aust) Pty Ltd

Bunnings Forest Products Pty Ltd

C.J.D. Equipment Pty Ltd

Can-Calc Pty Ltd

Cape Modern Joint Venture

Carrier Airconditioning Pty Ltd

Casa Cheeses

Chubb Safe

City Plating Co

Clelands Cold Stores Pty Ltd

Coca Cola Bottlers (Perth) Pty Ltd

Cockburn Cement Pty Ltd

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Coles Myer Ltd

Colli & Sons

COM-AL Windows Pty Ltd

Comalco Aluminium (Western Australia) Ltd

Cospak (WA) Pty Ltd

Crane Aluminium Systems

Crane Copper Tube

CRC Humes Ltd

Crystal Printing Pty Ltd

CSBP & Farmers Ltd

CSR Building Products

CSR Monier Wunderlich

Cully's Motor Cycle Centre

Cummins Diesel Sales & Service

D & F Engineering

Dardanup Butchering Company

David Gray & Co Ltd

David Jones

De Cassan Industries Pty Ltd

Detroit Diesel Allison Australia Pty Ltd

Diesel Engine Services & Spares Pty Ltd

Diesel Motors Pty Ltd

Direct Engineering Services Pty Ltd

Donaghy Downs Pty Ltd

Donhad Armco Pty Ltd

Dunlop and Olympic Tyres Pty Ltd

Eilbeck Cranes Pty Ltd

Elna WA

Engineering Equipment Sales

Fennessy's Motors Pty Ltd

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Fineline Print & Copy Service Pty Ltd

Floreat Iron Works

Ford Motor Company (Australia) Pty Ltd

Forward Engineers Pty Ltd

Fremantle Foundry & Engineering Co Pty Ltd

Fremantle Steel Fabrication Co (1979)

Galvin Engineering Pty Ltd

General Motors Holden's Automotive Ltd

General Motors Holden's Automotive Ltd

Geraldton Building Co Pty Ltd

Globe Meats

Goldfields Contractors WA

Goodman Fielder Mills Ltd

Goodyear Tyre & Rubber

Gordon Brothers Industries Pty Ltd

Green E.G. & Sons Pty Ltd

Greenbushes Tin

Harvey Meat Exports (E.G. Green & Sons)

Hawke Measurements Systems Pty Ltd

Heat Exchangers International Ltd

Henry Walker Eltin Contracting Pty Ltd

Hinco Instruments Pty Ltd

Hitachi Construction Machinery (Australia) Pty Ltd

Howard Porter Pty Ltd

Husqvarna Viking

HVAC Construction Ltd

Ian Diffen Tyres

Industrial Storage Batteries Pty Ltd

Inghams Enterprises Pty Ltd

Inhouse Laundries

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Jambro Pty Ltd

James Hardie

James Hardie & Co Ltd

Janome Sewing Machine Co. (Aust) Pty Ltd

Jason Windows

Jayell Enterprises

Jenkins Springs Pty Ltd

Jiffy Instant Printing

John Holland Constructions & Engineering Pty Ltd

Kailis and France Pty Ltd

Kalamunda Ice Works

Karrakatta Monumental Works

Kilpatrick Green Pty Ltd

Lidco Alumimium Windows Pty Ltd

Lombardi Bros

Lube Mobile

Lyons & Pierce

Madco Engineering

Makutz, B

Malvern Star Bicycle Co

Matilda Bay Brewing Co Ltd

Mauri Closures Pty Ltd

Maytag Commercial

McAlpine Hussmann

McIntosh & Son

Mechatronics Pty Ltd

Metal Corp Recyclers

Metro Baldock Spring Works Pty Ltd

Metro Baldocks Springs

Metro Brick

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Mettler Toledo Ltd

Midland Brick

Mills & Wares

Mills and Hassall

Monadelphous Engineering Associates Pty Ltd

N.S. Komatsu Pty Ltd

NCR Australia

Nix Machinery Design

Notley & Co

NS Komatsu Pty Ltd

O'Donnell Griffin

O'Donnell Griffin Pty Ltd

Orbital Engine Company (Aust) Pty Ltd

Osborne Park Brass Co

Osborne Patternmakers

P B Foods Ltd

Park Engineers Pty Ltd

Pattern Making Services

Pepsi Cola Bottlers Australia

Perth City Council

Perth Ice Works

Perth Monumental Works

Perth Wrought Iron

Pinakis Refrigeration Works Pty Ltd

Pioneer Concrete (WA) Pty Ltd

Plastics Ltd

Plumbers (WA) & Co

Precision Brass

Premier Plating Co

Press and Die Company

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Q A L Refrigeration WA Pty Ltd

Quality Rewinds

QVR Pty Ltd

Radix Pty Ltd

RCR Tomlinson

Readymix Group (The)

Regina Footwear 1957

Rick Gill Motorcycles

Roche Mining

Ron Mack Machinery Sales WA

Sheridan's for Badge

Simsmetal Ltd

Southcorp Packaging

Southern Cross Electrical Engineering Pty Ltd

Specialised Welding (WA) Pty Ltd

Stanley-Bostitch Pty Ltd

Stegbar

Sun Industries

Supreme Scale Service Pty Ltd

Suzuki North

Swan Brewery Co Ltd

Swan Taxis Co-Op Ltd

T L Engineering

Tenix Shipbuilding WA

Tibbett & Coote

Timcast Pty Ltd

Touch Instrument Service Co

Unifab (W.A.)

United Construction Pty Ltd

Van Leer Australia Pty Ltd

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Vaughan Castings

Vax Appliances (Australia) Pty Ltd

Veem Engineering Group Pty Ltd

Vesta Vattert Company Ltd

Volgren Australia

Wallace Engineering Co

Watsonia

Watsonia Pty Ltd

Westrac Equipment Pty Ltd

Westralian Engineering Works

Wilroof Australia

Wilson's Engraving Works

Wilsons Sign Solutions

Wintern International Pty Ltd

Woolworths (WA) Pty LtdThe Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union of Workers – Western Australian Branch

Electrical Trades Union WA

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19. - INDUSTRIES

ABATTOIRS:

Dardanup Butchering Company46 Ladner StreetO'ConnorWA 6163

Green E.G. & Sons Pty LtdSeventh StreetHarveyWA 6220

Inghams Enterprises Pty LtdBaden StreetOsborne ParkWA 6017

ACCOUNTING MACHINE DISTRIBUTORS:

Applied Micro Systems (Australia) Pty Ltd32 Ord StreetWest PerthWA 6005

Can-Calc Pty Ltd272 Hay StreetEast PerthWA 6004

NCR Australia37 Kensington StreetPerthWA 6000

ACOUSTIC MATERIAL MANUFACTURERS:

Architectural Ceiling Systems Pty Ltd3 Irvine StreetBayswaterWA 6053

Bradford Insulation (WA) Ltd19 Sheffield RoadWelshpoolWA 6106

Bradys Building Products18 Railway ParadeBayswaterWA 6053

AERATED WATER AND CORDIAL MANUFACTURERS:

Coca Cola Bottlers (Perth) Pty Ltd19 Miles RoadKewdaleWA 6105

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Pepsi Cola Bottlers Australia15 Magnet RoadCanning ValeWA 6155

AIR CONDITIONING INSTALLATIONS:

A.E. Smith-Westair13 MacAdam PlaceBalcattaWA 6021

Australia Pacific Air Conditioning ManufacturingApac WayRedcliffeWA 6104

Direct Engineering Services Pty Ltd36 Beringarra AvenueMalagaWA 6090

ALUMINIUM FABRICATORS:

Crane Aluminium Systems12 Cressall RoadBalcattaWA 6021

COM-AL Windows Pty Ltd16 Madrid PlaceMaddingtonWA 6109

ALUMINIUM MANUFACTURERS:

Comalco Aluminium (Western Australia) Ltdc/o 55 Colin StreetMelbourneVIC 3000

ASBESTOS CEMENT MANUFACTURERS:

James Hardie & Co LtdRutland AvenueWelshpoolWA 6106

Unifab (W.A.)Unit 204 Pilbara StreetWelshpoolWA 6106

BALL AND ROLLER BEARING SPECIALISTS:

ABC BearingsUnit 1/4 Port Kembla DriveBibra LakeWA 6163

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BATTERY MANUFACTURERS:

Industrial Storage Batteries Pty Ltd

Vesta Vattert Company Ltd

BISCUIT MANUFACTURERS:

Arnotts Biscuits Ltd90-94 Bannister RoadCanning ValeWA 6155

Mills & Wares4 Stockdale RoadO'ConnorWA 6163

BLACKSMITHS AND FARRIERS:

Arch EngineeringLot 58 Rivers RoadSpearwoodWA 6163

Metro Baldock Spring Works Pty Ltd74 Goodwood ParadeRivervaleWA 6103

BOAT BUILDERS AND REPAIRERS:

Alumacraft Pty Ltd65 Champion DriveKelmscottWA 6111

Austal Ships Pty Ltd126 Egmont RoadHendersonWA 6166

Tenix Shipbuilding WA775 Cockburn RoadHendersonWA 6166

BOILERMAKERS:

Baguley F & Co7 Rawlinson StreetO'ConnorWA 6163

Heat Exchangers International Ltd13 Stott RoadWelshpoolWA 6106

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RCR Tomlinson239 Planet StreetWelshpoolWA 6106

BRASS FINISHERS:

Allmark and Associates Pty Ltd314 Charles StreetNorth PerthWA 6006

Osborne Park Brass Co3/9 Sundercombe StreetOsborne ParkWA 6017

Westralian Engineering WorksLot 700 Sparks RoadHendersonWA 6166

BRASS AND NON-FERROUS FOUNDERS:

Alucast23 Sorbonne CrescentCanning ValeWA 6155

Timcast Pty Ltd97 Hector StreetOsborne ParkWA 6017

Veem Engineering Group Pty Ltd22 Baile RoadCanning ValeWA 6155

BREWERIES:

Matilda Bay Brewing Co Ltd130 Stirling HighwayNorth FremantleWA 6159

Swan Brewery Co Ltd25 Baile RoadCanning ValeWA 6155

BRICK MANUFACTURERS:

Metro BrickSouth West HighwayArmadaleWA 6112

Midland BrickBassett Road

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Middle SwanWA 6065

BUILDING CONTRACTORS:

Brine A T & Sons Pty Ltd 435 Vincent StreetWest LeedervilleWA 6007

Mills and Hassall17 Hoskins StreetLandsdaleWA 6065

BUTTER FACTORIES:

P B Foods Ltd22 Geddes StreetBalcattaWA 6021

Watsonia Pty Ltd174 Hamilton RoadSpearwoodWA 6163

CANNERS AND FOOD PROCESSORS:

Kailis and France Pty Ltd14 Neil StreetOsborne ParkWA 6017

CEMENT MANUFACTURERS:

Atlas Cement77 Vulcan RoadCanning ValeWA 6155

Cockburn Cement Pty LtdRussell RoadSouth CoogeeWA 6166

CHEESE FACTORIES:

Casa Cheeses27 Carrington StreetNedlandsWA 6009

P B Foods Ltd22 Geddes StreetBalcattaWA 6021

Watsonia174 Hamilton Road

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SpearwoodWA 6163

COLD STORAGE:

Clelands Cold Stores Pty Ltd2 Absolon StreetPalmyraWA 6157

Perth Ice Works5 Cooper RoadJandakotWA 6164

CONFECTIONERY MANUFACTURERS:

Baitz Confectionery10/11 Milford StreetEast Victoria ParkWA 6101

COPPERSMITHS:

Austral Wright Metals1 Baldwin StreetKewdaleWA 6105

Crane Copper Tube66 Belgravia StreetBelmontWA 6104

Precision Brass10 Guthrie StreetOsborne ParkWA 6017

CROWN SEAL MANUFACTURERS:

Cospak (WA) Pty Ltd108 Radium StreetWelshpoolWA 6106

Mauri Closures Pty Ltd5 Keegan StreetO'ConnorWA 6163

CYCLE MANUFACTURERS AND REPAIRERS:

Malvern Star Bicycle Co29 Fargo WayWelshpoolWA 6106

DAIRIES AND MILK VENDORS:

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Belmont City Dairy Supplies54 Banyard AvenueKelmscottWA 6111

P B Foods Ltd22 Geddes StreetBalcattaWA 6021

DIE CASTERS:

Alucast23 Sorbonne CrescentCanning ValeWA 6155

Galvin Engineering Pty LtdLot 310 Victoria RoadMalagaWA 6062

Veem Engineering Group Pty Ltd22 Baile RoadCanning ValeWA 6155

DIE MAKERS:

De Cassan Industries Pty Ltd28 Jackson StreetBassendeanWA 6054

Press and Die Company7 Ballantyne Road KewdaleWA 6105

DIE SINKERS:

Allmark & Associates Pty Ltd314 Charles StreetNorth PerthWA 6006

Wilson's Engraving Works30 Westchester RoadMalagaWA 6062

DIESEL ENGINE MANUFACTURERS:

Alsthom Australia Ltd(Power Plant Division)153 Abernethy RoadBelmontWA 6104

DOMESTIC APPLIANCES MANUFACTURERS AND REPAIRERS:

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Vax Appliances (Australia) Pty Ltd296 Victoria RoadMalagaWA 6062

DRUM MANUFACTURERS:

Southcorp Packaging144 Carrington StreetFremantleWA 6160

Van Leer Australia Pty Ltd8 Rawlinson StreetO'ConnorWA 6163

EARTH MOVING CONTRACTORS:

Goldfields Contractors WA25 Jackson StreetBayswaterWA 6053

Henry Walker Eltin Contracting Pty Ltd55 BroadwayNedlandsWA 6009

Roche MiningLevel 1/130 Fauntleroy StreetRedcliffeWA 6104

EARTH MOVING EQUIPMENT DISTRIBUTORS:

C.J.D. Equipment Pty Ltd52 Great Eastern HighwayGuildfordWA 6055

N.S. Komatsu Pty Ltd94 Sheffield RoadWelshpoolWA 6106

Westrac Equipment Pty Ltd128-134 Great Eastern HighwaySouth GuildfordWA 6055

ELECTRIC MOTOR MANUFACTURERS AND REPAIRERS:

ABB Industries Pty Ltd9 Bannister RoadCanning ValeWA 6155

O'Donnell Griffin Pty Ltd

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37 Hargreaves StreetBelmontWA 6104

Quality Rewinds4 Nasmyth RoadRockinghamWA 6168

ELECTRICAL CONTRACTORS:

Kilpatrick Green Pty Ltd86 Welshpool RoadWelshpoolWA 6106

Southern Cross Electrical Engineering Pty Ltd41 Macedonia StreetNaval BaseWA 6165

ELECTROPLATERS AND ANODISERS:

Anodisers WA3 Ladner StreetO'ConnorWA 6163

Bayswater Powder Coaters Pty Ltd30 Railway ParadeBayswaterWA 6053

City Plating Co30 William StreetBeckenhamWA 6107

Premier Plating Co59 John StreetBentleyWA 6102

ENGINEERS - AGRICULTURAL:

Forward Engineers Pty Ltd17-95 Adams DriveWelshpoolWA 6106

Wallace Engineering CoForeshorePort RoadAlbanyWA 6330

ENGINEERS - AUTOMOTIVE: Auto Masters

322 William Street

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PerthWA 6000

Lube Mobile200 North Lake RoadKardinyaWA 6163

ENGINEERS - CONSTRUCTIONAL:

Fremantle Steel Fabrication Co (1979)Lot 502 Cutler RoadJandakotWA 6164

HVAC Construction Ltd123 BroadwayBassendeanWA 6054

John Holland Constructions & Engineering Pty Ltd263 Adelaide TerracePerthWA 6000

Monadelphous Engineering Associates Pty Ltd1 Sleat RoadApplecrossWA 6153

O'Donnell Griffin491 Abernethy RoadKewdaleWA 6105

ENGINEERS - DIESEL:

Cummins Diesel Sales & Service50 Kewdale RoadWelshpoolWA 6106

Detroit Diesel Allison Australia Pty Ltd174 Railway ParadeBassendeanWA 6054

Diesel Engine Services & Spares Pty Ltd20 Redcliffe RoadRedcliffeWA 6104

ENGINEERS - GENERAL:

Baguley Engineering7 Rawlinson StreetO'ConnorWA 6163

Eilbeck Cranes Pty Ltd

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23 Jackson StreetBassendeanWA 6054

Forward Engineers Pty Ltd17-95 Adams DriveWelshpoolWA 6106

Geraldton Building Co Pty LtdOcean StreetGeraldtonWA 6530

Monadelphous Engineering Associates Pty Ltd1 Sleat RoadApplecrossWA 6153

RCR Tomlinson239 Planet StreetWelshpoolWA 6106

ENGINEERS - INSULATION:

Bells Thermalag & Industrial Services Pty Ltd5 Keegan StreetO'ConnorWA 6163

Bradford InsulationSheffield StreetWelshpoolWA 6106

Cape Modern Joint Venture376 Victoria RoadMalagaWA 6062

ENGINEERS - MARINE:

Baguley Engineering7 Rawlinson StreetO'ConnorWA 6163

Fremantle Foundry & Engineering Co Pty Ltd8 Queen Victoria StreetFremantleWA 6160

Madco Engineering560 Sparks RoadHendersonWA 6166

Wallace Engineering CoForeshore

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Port RoadAlbanyWA 6330

ENGINEERS - REFRIGERATION:

Baker A.J. & Sons Pty Ltd209 Stirling HighwayClaremontWA 6010

Gordon Brothers Industries Pty Ltd130 Burswood RoadVictoria ParkWA 6100

McAlpine Hussmann77 Dowd StreetWelshpoolWA 6101

ENGINEERS - STRUCTURAL:

D & F Engineering11 Hurley StreetCanning ValeWA 6155

Park Engineers Pty Ltd42 Railway ParadeWelshpoolWA 6106

RCR Tomlinson239 Planet StreetWelshpoolWA 6106

United Construction Pty LtdMandurah RoadKwinanaWA 6167

ENGRAVERS:

Sun Industries33 Guthrie StreetOsborne ParkWA 6017

Sheridan's for Badge14 Florence StreetWest PerthWA 6005

Wilsons Sign Solutions30 Westchester RoadMalagaWA 6062

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FERTILISER MANUFACTURERS:

CSBP & Farmers Ltd40 The EsplanadePerthWA 6000

David Gray & Co LtdRawlinson StreetO'ConnorWA 6163

FIBRE GLASS MANUFACTURERS:

Plastics Ltd18 Colray AvenueOsborne ParkWA 6017

FIBROUS PLASTER MANUFACTURERS:

Bradys Building Products18 Railway ParadeBayswaterWA 6053

CSR Building Products19-21 Sheffield StreetWelshpoolWA 6106

Unifab (WA)20/4 Pilbara StreetWelshpoolWA 6106

FLOUR MILLERS:

Aero Flour Co6 Noble StreetKewdaleWA 6105

Goodman Fielder Mills Ltd111 Stirling HighwayFremantleWA 6160

FOOTWEAR MANUFACTURERS:

Regina Footwear 195752 Edward StreetOsborne ParkWA 6017

FORGERS:

Donhad Armco Pty Ltd18 Jackson StreetBassendean

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WA 6054

FOUNDRIES:

ANI Bradken WAAdams DriveWelshpoolWA 6106

Fremantle Foundry & Engineering Co Pty Ltd8 Queen Victoria StreetFremantleWA 6160

Vaughan CastingsLot 19 Russell RoadHendersonWA 6166

GLASS MANUFACTURERS:

Australian Glass Manufacturers Co35 Baile RoadCanning ValeWA 6155

ICE CREAM MANUFACTURERS AND DISTRIBUTORS:

Benny's Gelati Pty LtdA Division of D'Orsogna LtdLeach Highway Cnr Stock RoadPalmyraWA 6157

P B Foods Ltd22 Geddes StreetBalcattaWA 6021

ICE MANUFACTURERS:

Kalamunda Ice Works121 Welshpool RoadWelshpoolWA 6106

Perth Ice Works611 Murray StreetPerthWA 6000

INDUSTRIAL GAS MANUFACTURERS:

Air Liquide WA Pty Ltd276 Leach HighwayMyareeWA 6154

BOC Gases57 Baile Road

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Canning ValeWA 6155

INSTRUMENT MAKERS AND REPAIRERS:

Automotive Instrument Control36-38 Sorbonne CrCanning ValeWA 6155

Hawke Measurements Systems Pty Ltd4A Shields CrescentBooragoonWA 6154

Hinco Instruments Pty LtdUnit 5/52 Vinnicombe DriveCanning ValeWA 6155

Touch Instrument Service Co207 Railway RoadSubiacoWA 6008

LABOUR HIRE INDUSTRY:

Adecco Pty Limited57 Havelock StreetWest PerthWA 6005

Kelly Services (Australia) LtdLevel 1 Quayside, 2 Mill StreetPerthWA 6000

Manpower Services (Australia) Pty Ltd28 The EsplanadePerthWA 6000

Ready Workforce Pty Limited247 James StreetNorthbridgeWA 6003

LOCAL GOVERNMENT AUTHORITIES:

Albany City Council221 York StreetAlbanyWA 6330

Bassendean Town Council48 Old Perth RoadBassendeanWA 6054

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Perth City CouncilSt. Goerge's TerracePerthWA 6000.

MACHINERY MANUFACTURERS:

Mechatronics Pty Ltd51 Wechester RoadMalagaWA 6090

Nix Machinery Design49 Buckingham DriveWangaraWA 6065

Wintern International Pty Ltd11 Blamey PlaceO'Connor WA 6163

MACHINERY MERCHANTS:

Engineering Equipment Sales47 McCoy StreetMyreeWA 6154

Hitachi Construction Machinery (Australia) Pty Ltd111 McDowell StreetWelshpoolWA 6106

Ron Mack Machinery Sales WA8 Hector StreetOsborne ParkWA 6017

MEAT EXPORTERS AND SUPPLIERS:

Globe Meats147 Great Eastern HighwayBellevueWA 6056

Harvey Meat Exports (E.G. Green & Sons)Seventh StreetHarveyWA 6220

MILK TREATMENT PLANTS:

P B Foods LtdGeddes StreetBalcattaWA 6021

MONUMENTAL MASONS & SCULPTORS:

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Karrakatta Monumental Works59 Carrington StreetNedlandsWA 6009

Perth Monumental Works483 Great Eastern HighwayRedcliffeWA 6104

MOTOR BODY BUILDERS:

Boomerang Engineering Pty Ltd14 Wheeler StreetBelmontWA 6104

Bosich Motor Body Works20 Roydhouse StreetWembleyWA 6014

Howard Porter Pty LtdMurphy StreetO'ConnorWA 6163

T L Engineering300 Collier RoadBayswaterWA 6053

Volgren Australia47 Beringarra AvenueMalagaWA 6090

MOTOR CHASSIS ALIGNERS:

Lombardi Bros11 Charles StreetBentleyWA 6102

QVR Pty Ltd126 Radium StreetWelshpoolWA 6106

MOTOR CYCLES SALES & SERVICE:

Cully's Motor Cycle Centre9/511 Wanneroo RoadBalcattaWA 6021

Rick Gill Motorcycles13 Main StreetOsborne Park

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WA 6017

Suzuki North440 Scarborough Beach RoadOsborne ParkWA 6017

MOTOR GARAGES & SERVICE STATIONS:

Ampol Northlands393 Wanneroo RoadBalcattaWA 6021

Diesel Motors Pty Ltd1089 Albany HighwayBentleyWA 6102

Fennessy's Motors Pty Ltd2 Bussell HighwayBusseltonWA 6280

MOTOR TYRE DEALERS, RETREADERS & MANUFACTURERS:

Bob Jane T-Mart3 Ledgar RoadBalcattaWA 6021

Bridgestone Australia Ltd516 Abernethy RoadKewdaleWA 6105

Goodyear Tyre & Rubber511 Abernathy RoadKewdaleWA 6105

Ian Diffen Tyres2 Adrian StreetWelshpoolWA 6106

MOTOR VEHICLE DISTRIBUTORS:

Ford Motor Company (Australia) Pty LtdLevel 21100 Hay StreetWest PerthWA 6005

General Motors Holden's Automotive Ltd52 Delhi StreetWest PerthWA 6005

NAIL MANUFACTURERS:

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Jambro Pty Ltd7 O'Malley StreetOsborne ParkWA 6017

Stanley-Bostitch Pty Ltd3/1731 Albany HighwayKenwickWA 6017

PATTERNMAKERS:

Osborne Patternmakers2/5 Blamey PlaceO'ConnorWA 6163

Pattern Making Services57 Spencer StreetJandakotWA 6164

Tibbett & CooteCnr Harrison and President StreetsWelshpoolWA 6106

PIPE & PIPE-FITTINGS - CAST IRON - MANUFACTURERS:

Alltype Engineering Services62 Burlingham StreetNaval BaseWA 6166

Galvin Engineering Pty Ltd410 Victoria RoadMalagaWA 6090

PIPE & PIPE-FITTINGS - CONCRETE - MANUFACTURERS:

CRC Humes Ltd36 Felspar StreetWelshpoolWA 6106

James HardieGate 4 Rutland AvenueWelshpoolWA 6106

PIPE & PIPE-FITTINGS - EARTHENWARE - MANUFACTURERS:

Bristile LtdHarper StreetCavershamWA 6055

Jayell Enterprises

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14 Manners StreetVictoria ParkWA 6100

PLASTIC MOULD MANUFACTURERS:

PLUMBERS & SHEETMETAL WORKERS:

Astra Metal Products Pty Ltd231 Camboon RoadMalagaWA 6090

Australian Pacific Air Conditioning ManufacturingApac WayRedcliffeWA 6104

Bains Harding Industries Pty Ltd21 King Edward RoadOsborne ParkWA 6017

Direct Engineering Services Pty ltd36 Beringarra Avenue MalagaWA 6090

Lyons & Pierce3 Cort WayRockinghamWA 6163

Plumbers (WA) & CoUnit 20/81 Briggs StreetCarlisleWA 6101

PRINTERS:

Crystal Printing Pty Ltd112-114 Mallard WayCanningtonWA 6107

Fineline Print & Copy Service Pty Ltd11 Bramall StreetEast PerthWA 6004

Jiffy Instant Printing11 Hutton StreetOSBORNE PARK WA 6017

QUARRIES:

Pioneer Concrete (WA) Pty Ltd123 Burswood RoadVictoria ParkWA 6100

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Readymix Group (The)75 Canning HighwayVictoria ParkWA 6100

REFRIGERATOR MANUFACTURERS:

Arcus Australia Pty Ltd10 Roydhouse StreetWembleyWA 6014

Baker, AJ & Sons209 Stirling HighwayClaremontWA 6010

Pinakis Refrigeration Works Pty Ltd254 Welshpool RoadWelshpoolWA 6106

REFRIGERATION REPAIRERS & SERVICES:

Carrier Airconditioning Pty LtdApac WayRedcliffeWA 6104

Q A L Refrigeration WA Pty Ltd78 Robinson AvenueBelmontWA 6104

RETAIL & WHOLESALE STORES:

Coles Myer LtdCity Arcade Office TowerPerthWA 6000

David Jones622 Hay StreetPerthWA 6000

Woolworths (WA) Pty Ltd123 Kewdale RoadKewdaleWA 6105

ROPE & CORDAGE & TWINE MANUFACTURERS:

Donaghy Downs Pty Ltd4 & 5/102 Briggs StreetFremantleWA 6160

SAFE MANUFACTURERS:

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Chubb Safe22 South StreetRydalmereNSW 2116

Makutz, B6 Moresby StreetKensingtonWA 6151

SAWMILLERS:

Bunnings Forest Products Pty Ltd2 Adams DriveWelshpoolWA 6106

Colli & SonsKent WayMalagaWA 6090

SCALES - SALES & SERVICE:

Mettler Toledo Ltd91 Holder WayMalagaWA 6090

Supreme Scale Service Pty Ltd3/26 Collingwood StreetOsborne ParkWA 6017

SCRAP METAL MERCHANTS:

Metal Corp Recyclers24 Chisolm CrescentKewdaleWA 6105

Simsmetal Ltd200 Barrington StreetSpearwoodWA 6163

SEWING MACHINE DISTRIBUTORS:

Bernina Sewing Machines of Australia13 Queen StreetPerthWA 6000

Brother International (Aust) Pty Ltd117 Great Eastern HighwayBelmontWA 6104

Elna WA337 Rockerby Road

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SubiacoWA 6008

Husqvarna Viking9 Augusta WayWillettonWA 6155

Janome Sewing Machine Co. (Aust) Pty Ltd117 Burswood RoadVictoria ParkWA 6100

SPRING MAKERS:

Jenkins Springs Pty Ltd188 Railway ParadeBassendeanWA 6054

Metro Baldocks Springs75 Goodwood ParadeRivervaleWA 6103

TAXI SERVICES:

Black & White TaxisFauntleroy AvenueRedcliffeWA 6104

Swan Taxis Co-Op Ltd1008 Wellington StreetPerthWA 6000

TILE - ROOFING - MANUFACTURERS & LAYERS:

Bristile LtdHarper StreetCavershamWA 6055

CSR Monier Wunderlich19-21 Sheffield RoadWelshpoolWA 6106

Wilroof Australia32/86 Beechboro RoadBayswaterWA 6053

TIN MINES:

Greenbushes TinGreenbushesWA 6254

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TRACTOR MANUFACTURERS:

McIntosh & Son547 Great Eastern HighwayRedcliffeWA 6104

NS Komatsu Pty Ltd94 Sheffield RoadWelshpoolWA 6106

TRANSFORMER MANUFACTURERS:

ABB Transmission & Distribution429 Scarborough Beach RoadOsborne ParkWA 6017

Radix Pty Ltd37 Howe StreetOsborne ParkWA 6017

TWO STROKE ENGINE COMPONENT PROTOTYPE:

Orbital Engine Company (Aust) Pty Ltd1 Whipple StreetBalcattaWA 6021

TYPEWRITER DISTRIBUTORS & SERVICES:

Brother Industries Pty Ltd177 Great Eastern HighwayBelmontWA 6104

Can-Calc Pty Ltd272 Hay StreetEast PerthWA 6004

TYRE & TUBE MANUFACTURERS:

Dunlop and Olympic Tyres Pty Ltd239 Star StreetWelshpoolWA 6106

Goodyear Tyre & Rubber511 Abernethy RoadKewdaleWA 6105

WASHING MACHINE MANUFACTURERS:

Asko Appliances (Aust) Pty Ltd15 Walters DriveOsborne Park

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WA 6017

Inhouse LaundriesSuite 2/589 Stirling HighwayCottesloeWA 6011

Maytag Commercial40 Teddington RoadBurswoodWA 6100

WASHING MACHINE REPAIRERS & SERVICES:

Abel Appliance Service Co28 Teddington RoadVictoria ParkWA 6100

WELDERS:

Alltype Engineering Services62 Burlington StreetNaval BaseWA 6165

Fremantle Foundry & Engineering Co. Pty Ltd8 Queen Victoria StreetFremantleWA 6160

Specialised Welding (WA) Pty Ltd1 Alice StreetBassendeanWA 6054

WINDOW FRAME MANUFACTURERS:

Alumimium Products (1964) Pty Ltd1 Davidson StreetMaddingtonWA 6109Jason Windows

1 McDowell StreetWelshpoolWA 6106

Lidco Alumimium Windows Pty Ltd1 Gary RoadMaddingtonWA 6109

Stegbar66 Prindiville DriveWangaraWA 6065

WROUGHT IRON WORKERS:

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Floreat Iron Works2/36 Sarich CourtOsborne ParkWA 6017

Notley & Co15 Aldous PlaceBooragoonWA 6154

Perth Wrought Iron33 Bassendean RoadBayswaterWA 6053

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SCHEDULE 1

AWARDS, INDUSTRIAL AGREEMENTS AND ORDERS REPLACED

(1) Awards:

Number Description Extent Replaced

1/1954 S.W. Land Division. Wholly.19/1962 Alumina Refinery

Construction.Wholly, insofar as it applies to metal trades employees.

10/1963 Apprentices - AluminaRefineryConstruction.

Wholly, insofar as it applies to metal trades apprentices.

4/1963 Lagging - AluminaRefineryConstruction.

Wholly.

12/1963 IndustrialConstruction -S.W. Land Division.

Wholly, insofar as it applies to metal trades employees.

26/1950 Northern and Eastern. Wholly.26/1962 Oil Refinery Extenions

Construction.Wholly, insofar as it applies to metal trades employees.

28/1960 Ord River. Wholly.216/1962 Board charges - Ord

River.Wholly.

15/1954 Timber Industry. Wholly.

(2) Industrial Agreements:

Number Description Extent Replaced

5/1958 Electrical Trades -Dumbleyung Road Board.

Wholly.

16/19648/1965

Apprentices - LaporteTitanium.

Wholly, insofar as they apply to metal trades apprentices.

2/1953 Linesmen - GeraldtonMunicipal Council.

Wholly.

5/1965 Apprentices - H.B.Brady Co.

Wholly.

A reference to any award or industrial agreement in this schedule includes a reference to all amendments or variations of any such award or industrial agreement.

(3) Orders:

Number Description Extent Replaced

C76/1975 Metal Trades (Eneabba) Wholly.C16/1976 Metal Trades (Eneabba) Wholly insofar as

it relates to metal trades employees.

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C232/1975 Metal Trades (JamesHardie)

Wholly.

C156/1975CR89A/1977 andCR399/1977

Metal Trades KwinanaArea (Large Industrialor Civil Engineering Projects)

Wholly insofar as it relates to metal trades employees.

C207/1975Cll/1976CR89C/1977 andC207A/1975

Metal Trades(Pinjarra AluminaRefinery Construction)

Wholly insofar as it relates to metal trades employees.

C166/1975andCR89B/1977

Metal and Civil Trades(Mt. Newman MiningProjects,Port Hedland)

Wholly insofar as it relates to metal trades employees.

C234/1975 Metal Trades Wholly.C10/1976 Metal Trades (C.B.H.) Wholly.C116/1976 Metal Trades (Dardanup Wholly insofar as

it relates to metal trades employees.

Clll/1976 Metal Trades (Newman) Wholly.

C201/1976 & C15 & R35/1977

Metal Trades Swan Brewery(Construction)

Wholly insofar as it relates to metal trades employees.

C261/1976 Metal and Civil Trades(Telfer)

Wholly insofar as it relates to metal trades employees.

CR211/1977 andCR382/1978

Metal Trades (Muja) Wholly insofar as it relates to metal trades employees.

CR225,CR233& CR234/77

Metal Trades (WellingtonSt. TelephoneExchange)

Wholly.

C316/1978 andC169/1977

Metal Trades (46 M.T.P.A.Hamersley Project)

Wholly insofar as it relates to metal trades employees.

CR179/1978 Metal Trades (B.P. -F.C.C.U. Project)

Wholly.

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APPENDIX 1

OLD CLASSIFICATIONS

(1) (a) The following classification structure provides a reference point for task and craft based work titles prior to award restructuring. The following old classifications "line up" previous wage groups with the new career path levels. This Appendix will subsequently be deleted by agreement between the parties.

(b) C 6 A1C 8 AC 9 B + CC10 DC11 E, F + GC12 H, I, J + KC13 L + MC14 N

(2) Classification and Wage Groups

(a) General Engineering SectionAssembler window frame making JBrass finisher DCycle assembler MCycle mechanic HExaminer DFitter - refrigeration DFitter - window frame DFuel injector fitter DHeat treater CHeat treater - operative KInspector BScientific Instrument Maker. BLocksmith DMachinist - first class (tool room) CMachinist- first class D- second class H- third class KMotor cycle mechanic. DMotor cycle assembler (assembling for the first time in Australia) JMotor mechanic DMotor vehicle assembler JPattern maker BProcess employee MWeighing instrument mechanic- full license D- sectional license KSewing machine mechanic (industrial) DSewing machine assembler and adjuster HToolmaker BTractor and agricultural implement assemblerfirst two years experience Kthereafter IMechanical Tradesperson (Special Class) ATradesperson DViewer K

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(b) Electrical SectionAutomotive electrical fitter DBattery attendants MBattery fitter DElectrical fitter and/or armature winder DElectrical fitter's assistant MElectrical installer DElectrical installer's assistant MElectrician in charge of an electrical supply undertaking BElectrician special class AElectronics Tradesperson A1LinespersonGrade 1, i.e. with not less than 3 years' experience as a linesperson DGrade 2, i.e. with less than 3 years' experience as a linesperson EMotor attendant LProcess employee MSwitchboard attendant H

(c) Electroplating SectionElectroplater -first class Dsecond class HPolisher KWet process operative M

(d) Boilermaking and Ship Construction SectionBoilersmith and/or angle iron smith CDriller using portable machines FDriller using stationary machines MPlace setter and frame bender CTradesperson DTradesperson: the greater part of whose time is occupied in marking off and/or template making.

C

(e) Steel Construction Section including nut, bolt and spike makingMachinist -first class Ksecond class MTradesperson DTradesperson: the greater part of whose time is occupied in marking off and/or template making

C

(f) Welding SectionWelder -first class Dsecond class Kthird class Lfourth class M

(g) Foundry SectionAnnealing stove attendant KAssistant furnace operator LCore stove or oven attendantDresser and/or fettler and/or grinder KDresser and/or fettler and/or grinder when using a portable machine KEmployee directly assisting tradesperson LFurnace operator -Cupola HElectric HOther I

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Jobbing coremaker DJobbing moulder DPlate or machine moulder and/or coremaker -first six months' experience Msecond six months' experience Lthird six months' experience KThereafter H("experience" includes experience as a moulder or coremaker whether jobbing or machine and whether as a junior or an adult)Shot blast and sand blast dresser -(i) who is not protected from flying shot and sand by a properly enclosed cabin

I

(ii)who is so protected LTapper out L

(h) Wrought Pipe SectionFaucet maker in charge of furnace JMachine operator in charge of machine KEmployee assisting furnace faucet maker MEmployee on tar dip and sand rolling MPipe building KPipe rounder K

(i) Smith SectionBlacksmith's striker MBlacksmith DCoppersmith DForge furnace operator FHammer driver L

(j) Iron Working and General SectionAssistant furnace operator MAttendant at small rivet heating or bolt heating or similar type of fires

M

Bender of iron and steel frames used for reinforcing concrete MBoiler (inside) cleaner and chipper KCold saw operator KCrane attendant and Dogger KCrane driver - overhead cabin controlled HDresser and/or fettler and/or grinder LDresser and/or fettler and/or grinder when using portable machine KFriction saw operator MFurnace operator JLagger -first six months' experience Msecond and third six months' experience Lfourth and fifth six months experience KThereafter JPainter of iron work (other than coach painter and ship painter) - using brush or spray

K

Rigger and splicer or scaffolder on ships and buildings -(i) Certificated rigger or scaffolder E(ii) Rigger or scaffolder (other) G(iii) A certificated rigger or scaffolder, other than a leading hand who, in compliance with the provisions of the regulations made pursuant to the Occupational Safety and Health Act 1984, is responsible for the supervision of not less than three employees shall be deemed a leading hand and shall be paid the additional rate prescribed in subparagraph (i) of paragraph (a) of subclause (3) of this clause.

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Rigger and splicer or scaffolder other than on ships and buildings HShot blast and sand blast dresser -(i) who is not protected from flying shot and sand by a properly enclosed cabin

I

(ii) who is so protected MTool and material storeperson I

(k) Tradesperson's Assistant Section(i) Employees directly assisting tradesperson not elsewhere classified

M

(ii) Tradesperson's assistants who from time to time are required to do rigging work (other than as an assistant rigger) or who uses a grinding machine

L

(l) Industrial Gases SectionOxygen plant operator FAcetylene plant or other gas plant Operator HGeneral process hand K

(m) Labourer N

(n) Industrial Instrumentation SectionInstrument Tradesperson BInstrument Tradesperson- Complex Systems AInstrumentation and Controls Tradesperson A1

(3) ABB Power Transmission Pty Ltd:

Coil winder - first class (Appendix 3) D

Transformer assembler - first class (Appendix 3) D

Coil winder - second class (Appendix 3) E

Transformer assembler - second class (Appendix 3) F

Transformer protective coating employee - first class (Appendix 3) F

Insulation processor - first class (Appendix 3) G

Coil winder - third class (Appendix 3) H

Insulation processor - second class (Appendix 3) H

Coil winder - fourth class (Appendix 3) J

Transformer assembler - third class (Appendix 3) J

Transformer tanker - first class (Appendix 3) J

Transformer protective coating employee - second class (Appendix 3) J

Coil builder - first class (Appendix 3) L

Coil builder - second class (Appendix 3) M

Insulation processor - third class (Appendix 3) M

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Transformer assembler - fourth class (Appendix 3) M

Transformer tanker - second class (Appendix 3) M

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APPENDIX 2

OLD DEFINITIONS

General Engineering:

"Process employee" means an employee engaged on repetition work on any automatic, semi-automatic, or single-purpose machine, or machine fitted with jigs, gauges, or other tools rendering operations, mechanical; or on the assembling of parts of mechanical appliances or other metallic articles so made; or on any repetitive hand processes.

"Inspector" means a tradesperson who is engaged to inspect components while in production or upon completion as to their conformity with a specified standard of quality and accuracy and who is authorised to exercise and does exercise a discretion to pass components which may not conform to that standard.

"Examiner" means a tradesperson other than one employed as an inspector who is engaged to inspect components while in production or upon completion as to their conformity with a specified standard of quality and accuracy.

"Viewer" means an employee who by means of fixed gauges is engaged to inspect components while in production or upon completion as to their conformity with a specified standard of quality and accuracy.

"Tradesperson" means an employee who in the course of employment works from drawings or prints, or makes precision measurements or applies general trade experience, but does not include an apprentice.

"Patternmaker" means a tradesperson who makes patterns of wood or metal but does not include a tradesperson engaged on the finishing (whether by filing or otherwise) or fitting of metal patterns unless the employee is otherwise entitled to be classified as a patternmaker.

"Toolmaker" means a tradesperson making or repairing any precision tool, gauge, die or mould to be affixed to any machine, who designs or lays out work and is responsible for its proper completion.

"First-class machinist (tool room)" means a tradesperson who, for the greater part of his or her time, is engaged in or in connection with the making of precision tools, gauges, dies or moulds to be affixed to any machine.

"First-class machinist" means a tradesperson who is engaged in setting up or in setting up and operating the following machines: lathe, boring machine, milling machine, planing machine, shaping machine, slotting machine and grinding machine.

"Second-class machinist" means an employee who is engaged in operating, or setting up and operating a key setting machine or any machine enumerated in the definition of "first-class machinist", and includes an employee engaged as a pipe fitter on low pressure work but does not include an employee who is engaged as a tradesperson.

"Third-class machinist" means an employee who operates any machine set up by a tradesperson or any machine the setting up of which does not require the knowledge or skill of a second-class machinist, but does not include a "process employee".

"Locksmith" means a tradesperson engaged in the making or repairing of locks and the mechanism of safe and strongroom doors.

"Heat treater" means a tradesperson who is required to apply general trade experience as a heat treater and who carries out the operation of heat treatment to produce in the materials treated such requirements as hardness, toughness, ductility, resistance to abrasion, elasticity, tensile strength, machinability and resistance to creep, and who works to limits in size, shape and straightness in tool work.

"Heat treater operative" means an employee who is engaged under supervision in hardening, case-hardening or tempering metal components by any process and in taking pyrometer temperature readings and who adjusts furnace temperatures to instructions.

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"Automotive electrical fitter" means an employee engaged in the manufacture and repair of the starting, lighting and ignition equipment of motor vehicles (including motor cycles).

"Motor mechanic" means an employee engaged in assembling (except for the first time in Australia), making, repairing, altering or testing the metal parts (including electric) of the engines or chassis of motor vehicles other than motor cycles.

"Motor cycle mechanic" means an employee engaged in assembling (except for the first time in Australia), making, repairing, altering or testing the metal parts (including electric) of the engines, frames or chassis of motor cycles and side cars.

"Motor vehicle assembler" means an employee engaged in assembling and putting together the parts of a motor vehicle as received from the maker but does not include an employee altering or adjusting such parts.

"Cycle mechanic" means an employee engaged in assembling (except for the first time in Australia), building, brazing, repairing, altering or testing the metal parts of a pedal cycle.

"Cycle assembler" means an employee engaged in assembling, putting together and adjusting the parts of a pedal cycle as received from the maker.

"Lagger" means an employee engaged in mixing or fixing lagging on the job including the application of any thermal insulating material by any means and the fixing of protective coverings of canvas, sheet metals, fabrics, plastics, bituminous fibre glass and asbestos felt or other similar materials to such insulation.

"Weighing instrument mechanic" means a tradesperson who is qualified in the assembling, installation, calibration and repairing of weighing instruments and ancillary equipment required for the complete operation of such instruments, and is a person who holds the appropriate license issued in accordance with the Weights and Measures Act 1915 and the associated Regulations.

"Mechanical Tradesperson - Special Class" means subject to paragraph (c) hereunder, a mechanical tradesperson who -

(a) (i) is engaged in work on or in connection with fluid power circuitry, which work requires for its performance the standard of knowledge and skills referred to in subparagraphs (iii) and (iv) hereof; and

(ii) is able, where necessary and practicable, to perform such work without supervision and to examine, diagnose and modify systems comprising interconnected fluid power circuits; and

(iii) has satisfactorily completed the following TAFE units:

Course Syllabus No.

Industrial Hydraulics 1 85007AndIndustrial Pneumatics 1 85009and eitherIndustrial Hydraulics 2 85008AndHydraulic Component Repair 85012OrPneumatic System Maintenance (Industrial) 85010AndPneumatic System Control (Industrial) 85014;Or

(iv) has, whether through practical experience or otherwise, achieved a standard of knowledge comparable to that which would be achieved under subparagraph (iii) hereof or in the case of a

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dispute has been satisfactorily assessed and/or examined pursuant to the Fluid Power Exemptions Course detailed in paragraph (d);

but does not include such an employee unless the work on which the employee is engaged requires for its performance knowledge in excess of that gained by the satisfactory completion of the appropriate Technical College Trade course.

(b) For the purpose of this award an employee shall be deemed to be a Mechanical Tradesperson - Special Class only for the time during which the employee meets the foregoing conditions unless -

(i) that time exceeds sixteen (16) hours per week; or

(ii) in the opinion of his or her employer or, in the event of disagreement, in the opinion of the Board of Reference, that time is likely during the course of employment to exceed sixteen hours per week on average.

in which case the employee shall be classified as Mechanical Tradesperson - Special Class for as long as the employment continues on either of those bases.

(c) For the purpose of this definition, employees who have completed courses in any other State shall, in the event of a dispute, submit their credentials for assessment by TAFE or be assessed in accordance with (a)(iv) above.

(d) Fluid Power Exemptions Course

Course exemptions for Fluid Power Certificate Units can only be granted on completion of the TAFE divisional exam. However, class attendance exemptions may be granted for the following reasons:

(i) Attending Short Vocational course (30 hours). This will exempt the student from the practical component of the course. However, the theory component can be completed by 24 hour correspondence course with TAFE External Studies.

(ii) Students claiming exemption from the practical course requirements due to their industrial skills, could obtain an exemption through a documented case presented by their employer. Full course accreditation can then be obtained by completing the 24 hour correspondence course with TAFE External Studies.

(iii) Students without documented evidence may obtain a practical exemption through 5 hours skill testing. These students, if successful, may then enter the correspondence mode to obtain full unit accreditation.

(iv) Students who have claimed subject exemptions in the certificate of workshop technology, can only gain an automatic exemption from the introductory units on full completion of the certificate.

(e) For the purposes of this definition, fluid power circuitry involves Industrial Hydraulics and/or Industrial Pneumatics.

Electrical:

"Electrical fitter" means an employee engaged in making, repairing, altering, assembling, testing, winding, or wiring electrical machines, instruments, meters, or other apparatus, other than wires leading thereto, but an employee shall not be deemed to be an electrical fitter -

(a) solely by reason of the fact that this work consists of placing electrodes in "Neon" tubes sealed by the employee; or

(b) if the employee is employed as a meter tester.

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"Electrical installer" means an employee engaged in the installation of electric lighting, electric meters, bells, telephones or motors and apparatus used in connection therewith and includes an employee engaged in running, repairing or testing of conductors used for lighting, heating or power purposes but does not include an employee who is a linesman or a meter fixer.

"Linesman" means an employee engaged (with or without labourers assisting), in erecting poles for electrical wires, cables or other conductors, or erecting wires, cables or other conductors on poles or over buildings, or tying them to insulators, or joining or insulating them, or doing any work on electrical poles off the ground.

"Motor attendant" means an employee who is wholly engaged in stopping or starting motors or oiling or cleaning motors.

"Switchboard attendant" means an employee attending to, in charge of, or doing any work (other than repairs or additions) necessary for the working of, any switchboard.

"Battery fitter" means an employee engaged in the erection, overhauling and repairing of storage batteries.

"Battery attendant" means an employee who carries out testing, topping up, cleaning, charging, discharging, removing and replacing of storage batteries.

"Electrician - Special Class" means, subject to paragraph (c) hereunder, an electrical fitter or electrical installer who

(a) (i) has satisfactorily completed a prescribed post trade course in industrial electronics; or

(ii) has, whether through practical experience or otherwise, achieved a standard or knowledge comparable to that which would be achieved under subparagraph (i) hereof; and

(b) (i) is engaged on work on or in connection with complicated or intricate circuitry, which work requires for its performance the standard of knowledge referred to in paragraph (a) hereof; and

(ii) is able, where necessary and practicable, to perform such work without supervision and to examine, diagnose and modify systems comprising inter-connected circuits, but does not include such an employee unless the work on which the employee is engaged requires for its performance knowledge in excess of that gained by the satisfactory completion of the appropriate Technical College trade course.

but does not include such an employee unless the work on which the employee is engaged requires for its performance knowledge in excess of that gained by the satisfactory completion of the appropriate Technical College Trade course.

(c) For the purpose of this award an employee shall be deemed to be an Electrician - Special Class only for the time during which the employee meets the foregoing conditions, unless -

(i) that time exceeds sixteen hours per week; or

(ii) in the opinion of his or her employer or, in the event of disagreement, in the opinion of the Board of Reference, that time is likely during the course of employment to exceed sixteen hours per week on average

in which case the employee shall be classified as Electrician - Special Class for as long as the employment continues on either of those bases.

(d) In the event of disagreement about the implementation of this Electrician - Special Class provision, a Board of Reference shall determine the matter.

(e) For the purpose of this definition the following courses are deemed to be prescribed post trade courses in industrial electronics -

(i) Post Trade Industrial Electronics Course of the N.S.W. Department of Technical Education.

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(ii) The Industrial Electronics Course (Grades 1 and 2) as approved by the Education Department of Victoria.

(iii) The Industrial Electronics Course of the South Australian School of Electrical Technology.

(iv) Industrial Electronics (Course ("C")) of the Department of Education, Queensland.

(v) The Industrial Electronics Course of the Technical Education Department of Tasmania.

(vi) The Certificate in Industrial Electronics of the Technical Education Division, Education Department of Western Australia.

"Electronics tradesperson" means an electrical tradesperson working at a level beyond that of electrician special class and who is mainly engaged in applying knowledge and skills to the tasks of installing, repairing, maintaining, servicing, modifying, commissioning, testing, fault finding and diagnosing of various forms of machinery and equipment which are electronically controlled by complex digital and/or analogue control systems utilising integrated circuitry. The application of this skill and knowledge would require an overall understanding of the operating principles of the systems and equipment on which the tradesperson is required to carry out his or her tasks.

To be classified as an electronics tradesperson, a tradesperson must have at least three years on the job experience as a tradesperson in electronics systems utilising integrated circuits and in addition must have satisfactorily completed a post trades course in electronics equivalent to at least two years part time study.

In addition, to be classified as an electronics tradesperson, a tradesperson must be capable of;

(a) maintaining and repairing multi-function printed circuitry using circuit diagrams and test equipment;

(b) working under minimum supervision and technical guidance;

(c) providing technical guidance within the scope of the work described in this definition;

(d) preparing reports of a technical nature on specific tasks or assignments as directed and within the scope of the work described in this definition.

Electroplating:

"Electroplater - first class" means an employee who maintains the solutions used and is responsible for the electroplating of ware.

"Electroplater - second class" means an employee who is mainly engaged on electroplating (including work on the barrel-plating system), but who is not responsible for the solutions used.

"Wet process operative" means an employee engaged in repetition work in any electroplating or allied wet process.

Boilermaking and Ship Construction:

"Boilermaking and ship construction" means the fabrication, erection, or repairing of steel or iron ships or of boilers or other vessels subject to greater pressure than the weight of their contents, but does not include drilling by stationary machines.

"Tradesperson" means an employee who is required to develop work from scaled drawings or prints, or to make templates, or to apply general trade experience without the guidance of a foreman or other tradesperson, and includes an employee engaged in riveting by hand or machine, caulking, chipping, and working rivet busters.

Steel Construction:

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"Tradesperson" means an employee who is required to develop work from scaled drawings or prints, or to make templates, or to apply general trade experience without the guidance of a foreman or other tradesperson, and includes an employee engaged in riveting by hand or machine, caulking, chipping, and working rivet busters.

"First-class machinist" means an employee engaged solely in working one or more of the following machines: - Bending rollers, gag straight liners, guillotines, shearing machines, hydraulic presses of over two hundred and three tonnes pressure, portable drillers, portable reamers and tappers.

"Second-class machinist" means an employee engaged solely in operating one or more of the following machines:- Mangling, nipping and notching, roll straightening, punching, cropping, hydraulic presses of two hundred and three tonnes pressure or under, stationary drillers, stationary reamers and tappers, cold saw, friction saw, plate-edge planers, and other machines.

Welding:

"First-class welder" means an employee using electric arc or petrol or coal gas blow pipe on any work other than that of a second, third or fourth class welder as defined.

"Second-class welder" means an employee who-

(a) uses any of the foregoing types of welding apparatus in filling castings; or

(b) welds with the aid of jigs; or

(c) operates automatic welding machines for the setting up of which the employer is not responsible; or

(d) operates a profile cutting or a straight line cutting machine.

"Third-class welder" means an employee who uses any of the foregoing types of welding apparatus in tacking preparatory to the completion of work by any other employee.

"Fourth-class welder" means an employee using an electric spot or butt-welding machine, or cutting scrap with oxy-acetylene blow pipe, petrol or coal gas blow pipe.

Foundry:

"Jobbing coremaker" means a moulder engaged in making cores for metal moulds by the use of loam or strickle boards, or by loose boxes, other than loose boxes used for repetition production of cores requiring little or no skill to produce.

"Jobbing moulder" means a metal moulder engaged in floor moulding, loam moulding, strickle moulding or moulding from loose patterns.

"Machine coremaker" means an employee making cores by machines where the core box is a fixture to or part of such machine, or making repetition cores requiring little or no skill to produce.

"Plate or machine moulder" means an employee engaged in moulding on the plate system or by machines where the pattern is either a fixture to the plate or the spray system is used.

Industrial Instrumentation:

"Instrument tradesperson" means a tradesperson who is mainly engaged in installing, repairing, maintaining, servicing, industrial instruments and control systems.

An instrument tradesperson will have completed an apprenticeship the greater part of which involved industrial instrumentation, or alternatively can demonstrate a knowledge and understanding of industrial instrumentation and can apply that knowledge and understanding to the tasks assigned by the employer. The required knowledge and understanding would have been gained by undertaking a formal training course run by a State

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Education Department or Technical Education Department or its equivalent or by at least 12 months on the job experience as a tradesperson at instrument work.

"Instrument tradesperson - complex systems" means an instrument tradesperson who is mainly engaged in installing, repairing, maintaining, servicing, testing, modifying, commissioning, calibrating and fault finding instruments which make up a complex control system which utilises some combination of electrical, electronic, mechanical, hydraulic and pneumatic principles.

To be classified as an instrument tradesperson - complex systems a tradesperson will have:

(i) Had a minimum of two years on the job experience as a tradesperson working predominantly on complex and/or intricate instruments and instrument systems as will enable him to perform such work under minimum supervision and technical guidance, and;

(ii) Satisfactorily completed an appropriate post trade course equivalent to at least two years part time study or has achieved to the satisfaction of the employer a comparable standard of skill and knowledge by other means including in-plant training or on the job experience referred to in (i) above.

"Instrumentation and controls tradesperson" means an instrument tradesperson working at a level beyond that of instrument tradesperson - complex systems and who is mainly engaged in applying skills and knowledge to installing, repairing, maintaining, servicing, testing, modifying, commissioning, calibrating, and fault finding industrial instruments which make up a complex control system which utilises some combination of electrical, mechanical, hydraulic and pneumatic principles and electronic circuitry containing complex analogue and/or digital control systems utilising integrated circuitry.

The application of this skill and knowledge would require an overall understanding of the operating mode or principles of the various types of measurement and control devices on which the tradesperson is required to perform tasks. To be classified as an instrumentation and controls tradesperson a tradesperson must have at least three years' on the job experience as a tradesperson - 12 months of which must be at the level of instrument tradesperson - complex systems and in addition must have completed a related post-trades course equivalent to at least two years part time study.

In addition, to be classified as an instrumentation and controls tradesperson, a tradesperson must be capable of:

(i) Maintaining and repairing multi-function printed circuitry of the type described in this definition using circuit diagrams and test equipment.

(ii) Working under minimum supervision and technical guidance.

(iii) Providing technical guidance within the scope of the work described in the definition.

(iv) Preparing reports of a technical nature on specific tasks or assignments as directed and within the scope of the work described in this definition.

APPENDIX 3

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ABB POWER TRANSMISSION PTY LTD

1 . - SCOPE

The provisions of this Appendix shall apply only to those employees employed by ABB Australia Pty Ltd and engaged in the callings referred to herein.

2 . - DEFINITIONS

"Coil Winder - Fourth Class" means an employee employed as such by ABB Australia Pty Ltd and who, under supervision, is engaged in winding coils.

"Coil Winder - Third Class" means an employee employed as such by ABB Australia Pty Ltd and who has had a minimum of six months' experience as a coil winder - fourth class and under supervision winds coils of any size or category commonly manufactured by the distribution transformer industry.

"Coil Winder - Second Class" means an employee employed as such by ABB Australia Pty Ltd and who has had a minimum of three years' experience as a coil winder - third class and is competent to wind all categories of coils generally manufactured by the distribution transformer industry.

"Coil Winder - First Class" means an employee employed as such by ABB Australia Pty Ltd and who has had either:

(a) a minimum of two years' experience as a coil winder - second class and is competent and required to wind section and helical coils, continuous, spiral and interleaved disc coils; or

(b) on engagement has a minimum of five (5) years' continuous experience in the power transformer industry and is competent and required to wind section and helical coils, continuous, spiral and interleaved disc coils.

"Core Builder - Second Class" means an employee employed as such by ABB Australia Pty Ltd either:

(a) in stacking core laminations to produce cores of any size, provided that in the case of a female employee the size of a core shall not exceed 3 MVA; or

(b) in the production of single phase wound cores on a core winding machine.

"Core Builder - First Class" means an employee employed as such by ABB Australia Pty Ltd and who has had a minimum of one year's experience as a core builder - second class and is competent either:

(a) in stacking core laminations on all transformers provided that in the case of a female employee the size of the transformer shall not exceed 3 MVA; or

(b) in the production of three phase wound cores on a core winding machine.

"Insulation Processor - Third Class" means an employee employed as such by ABB Australia Pty Ltd and who under supervision is training as an insulation processor - second class.

"Insulation Processor - Second Class" means an employee employed as such by ABB Australia Pty Ltd and who has had a minimum of one year's experience as an insulation processor - third class and produces, under supervision, all the insulation components required for coil winding and assembly of any transformer.

"Insulation Processor - First Class" means an employee employed as such by ABB Australia Pty Ltd and who has had a minimum of two (2) years' experience as an insulation processor - second class and is competent and required:

(a) to produce from drawings all insulation components for coil winding and assembly of any transformer; and

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(b) to operate such equipment as is necessary to produce that insulation.

"Transformer Assembler - Fourth Class" means an employee employed as such by ABB Australia Pty Ltd and who under supervision assembles transformers.

"Transformer Assembler - Third Class" means an employee employed as such by ABB Australia Pty Ltd and who has had a minimum of six months' experience in assembling transformers as a transformer assembler - fourth class and is competent and required to assemble any transformer under 1500 KVA from drawings and under supervision any other size transformer as required.

"Transformer Assembler - Second Class" means an employee employed as such by ABB Australia Pty Ltd and who has had a minimum of two years' experience in assembling transformers as a transformer assembler - third class and is competent and required to assemble from drawings any transformer under 5 MVA 66 KV "off load tapchanger range" and under instruction assembles any other size transformer as required.

"Transformer Assembler - First Class" means an employee employed as such by ABB Australia Pty Ltd and who has had either -

(a) a minimum of three (3) years' experience as a transformer assembler - second class; or

(b) five (5) years' continuous experience in the power transformer industry,

and is competent and required to assemble "on load tapchanger range" transformers and any transformer of a minimum of 5 MVA 66 KV "off load tapchanger range".

"Transformer Tanker - Second Class" means an employee employed as such by ABB Australia Pty Ltd and who under supervision tanks distribution transformers.

"Transformer Tanker - First Class" means an employee employed as such by ABB Australia Pty Ltd and who has had a minimum of six months' experience in tanking distribution transformers as a transformer tanker - second class and is competent and required to tank all transformers up to 1500 KVA and under supervision any other size transformer as required.

"Transformer Protective Coating Employee - Second Class" means an employee employed by ABB Australia Pty Ltd and engaged under supervision in the protective coating of all components used in the manufacture of transformers.

"Transformer Protective Coating Employee - First Class" means an employee employed by ABB Australia Pty Ltd and who has had a minimum of two years' experience as a transformer protective coating employee - second class and is competent and required to protective coat by any means all components used in the manufacture of transformers.

3 . - WAGES

(a) The minimum total wage payable weekly to adult employees classified herein shall be as follows:

Base Rate Per Week $

Supplementary Payment $

Arbitrated Safety Net

Adjustment $

Total Rate Per Week $

Adult Employees:

Wage Group C10Coil Winder 1st ClassTransformer Assembler 1st Class

365.20 52.00 0 810.10

Wage Group C11Coil Winder 2nd ClassTransformer Assembler 2nd ClassTransformer ProtectiveCoating 1st ClassInsulation Processor 1st Class

337.40 48.10 0 772.40

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Wage Group C12Coil Winder 3rd & 4th ClassCore Builder 1st ClassInsulation Processor 2nd ClassTransformer Protective Coating 2nd ClassTransformer Assembler 3rd ClassTransformer Tanker 1st Class

319.20 45.40 0 750.30

Wage Group C13Core Builder 2nd ClassInsulation Processor 3rd ClassTransformer Assembler 4th ClassTransformer Tanker 2nd Class

299.50 42.60 0 726.50

(b) The amount payable to any employee pursuant to the supplementary payment provisions of this clause:

(i) shall be for all purposes of this Award;

(ii) shall be reduced by the amount of any payment being made to that employee in addition to the said rates otherwise than pursuant to the supplementary payment provisions of this subclause, whether such payment is being made by virtue of any order, industrial agreement or other agreement or arrangement.

(c) The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

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APPENDIX 4

ARCHITECTURAL ALUMINIUM FABRICATION CLASSIFICATION

1 . - SCOPE

The provision of this appendix shall apply only to those companies listed in Clause 4. - Respondent Companies of this Appendix and to those employees employed by those companies and engaged in work referred to herein.

2 . - DEFINITIONS

WAGE GROUP: C 14

ARCHITECTURAL ALUMINIUM FABRICATION EMPLOYEE LEVEL I

Relativity to C 10 78%

Undertaking up to 38 hours induction training which may include information on the enterprise, conditions of employment, introduction to supervisors and fellow workers, including the shop steward where available, training and career path opportunities, plant layout, work and documentation procedures, occupational health and safety, equal employment opportunity and quality control/assurance.

An employee at this level performs routine duties essentially of a manual nature and to the level of his or her training:

1. Performs general labouring and cleaning duties;

2. Exercises minimal judgement;

3. Works under direct supervision; or

4. Is undertaking structured training so as to enable him or her to work at C13 level.

WAGE GROUP: C 13

ARCHITECTURAL ALUMINIUM FABRICATION EMPLOYEE LEVEL II

Relativity to C 10 82%

An employee who has completed up to three months structured training so as to enable the employee to perform work within the scope of this level.

An employee at this level performs work above and beyond the skills of an employee at C 14 and to the level of his or her training;

1. Works under direct supervision either individually or in a team environment;

2. Understands and undertakes basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults;

3. Understands and utilises basic statistical process control procedures;

4. Performs work in either the Fabrication, Glazing or Assembly areas of the workshop.

Indicative of the tasks which an employee at this level may perform are the following:

Repetition work on automatic, semi-automatic or single purpose machines or equipment;

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Selects materials and assembles components using basic written, spoken and/or diagrammatic instructions in any assembly environment;

Basic soldering or butt and spot welding skills or cuts scrap with an oxy-acetylene blow pipe;

Uses selected hand tools;

Maintains simple records;

Uses hand trolleys and pallet trucks;

Assists in the provision of on-the-job training in conjunction with tradespersons and supervisors/trainers.

WAGE GROUP: C 12

ARCHITECTURAL ALUMINIUM FABRICATION EMPLOYEE LEVEL III

Relativity to C 10 87.4%

An employee who has completed an Engineering/Production Certificate I or equivalent training so as to enable him or her to perform work within the scope of this level.

An employee at this level performs work above and beyond the skills of a C 13 and to the level of his or her training:

1. Is responsible for the quality of his or her own work subject to routine supervision;

2. Works under routine supervision either individually or in a team environment;

3. Exercises discretion within his or her level of skills and training;

4. Performs work in the Fabrication, Glazing, Assembly and Material Handling areas of the workshop within the scope of the indicative tasks listed below.

Indicative of the tasks which an employee at this level may perform are the following:

Operates flexibly between assembly stations;

Operates machinery and equipment requiring the exercise of skill and knowledge beyond that of an employee at level C 13;

Non-trade engineering skills;

Basic tracing and sketching skills;

Receiving, despatching, distributing, sorting, checking, packing (other than repetitive packing in a standard container or containers in which such goods are ordinarily sold), documenting and recording of goods, materials and components;

Basic inventory control in the context of a production process;

Basic keyboard skills;

Advanced soldering techniques;

Operation of mobile equipment including forklifts, hand trolleys, pallet trucks, overhead crane and winch operation;

Ability to measure accurately;

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Assists one or more tradespersons;

Welding which requires the exercise of knowledge and skills above C 13;

Assists in the provision of on-the-job training in conjunction with tradespersons and supervisor/trainers;

Glass cutting; and

Workshop Process Glazing.

WAGE GROUP: C 11

ARCHITECTURAL ALUMINIUM FABRICATION EMPLOYEE LEVEL IV

Relativity to C 10 92.4%

An employee who has completed a Production/Engineering Certificate II or equivalent training so as to enable the employee to perform work within the scope of this level.

An employee at this level performs work above and beyond the skills of a C 12 and to the level of his or her training:

1. Works from complex instructions and procedures;

2. Assists in the provision of on-the-job training to a limited degree;

3. Co-ordinates work in a team environment or works individually under general supervision;

4. Is responsible for assuring the quality of his or her own work; and

5. Operates flexibly across all area of aluminium fabrication workshop activities.

Indicative of the tasks which an employee at this level may perform are the following:

Use of precision measuring instruments;

Machine setting, loading and operation;

Inventory and store control including;

- licensed operation of all appropriate materials handling equipment;

- use of tools and equipment within the scope (basic non-trades) maintenance;

- computer operation at a level higher than that of an employee at C 12 level;

Intermediate keyboard skills;

Basic engineering and fault finding skills;

Licensed and certified for forklift, and crane driving operations to a level of higher than C 12;

Has a knowledge of the employers operation as it relates to production processes;

Lubricates production machinery equipment;

Assists in the provision of on-the-job training in conjunction with tradespersons and supervisors/trainers.

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Complete production and assembly of all products with the aluminium fabrication workshop to a level higher than C 12.

Glass Cutting and Workshop Process Glazing to a level higher than C 12.

WAGE GROUP C 10

ARCHITECTURAL ALUMINIUM FABRICATION EMPLOYEE

Relativity 100%

An employee at this level is an employee who, while still being primarily engaged in Architectural Aluminium Fabrication work applies the skills acquired through the successful completion of a trade certificate level qualification in the production, distribution, or stores functions but not technical or trade work.

A Production System Worker works above and beyond a C 11 and to the level of his or her training;

1. Understands and applies specific quality control techniques;

2. Exercises good interpersonal and communications skills;

3. Exercises keyboard skills at a level higher than C 11;

4. Exercises discretion within the scope of this grade;

5. Performs work under general supervision either individually or in a team environment.

Indicative tasks which an employee at this level may perform are as follows:

Approves and passes first off samples and maintains quality of product across all areas of aluminium fabrication workshop;

Works from basic production drawings, prints or plans;

Operates, sets up and adjusts all production machinery in a plant including production process welding to the extent of training;

Can perform a range of engineering maintenance functions including:

- Removing equipment fastenings including use of destructive cutting equipment.

- Lubrication of production equipment.

- Running adjustments to production equipment.

Operate all lifting equipment;

Basic production scheduling and materials handling within the scope of the production process or directly related functions within raw materials/finished goods locations in conjunction with technicians;

Understands computer techniques as they relate to production process operation;

High level of stores and inventory responsibility beyond the requirements of an employee at C 11;

Assists in the provision of on-the-job training in conjunction with tradespersons and trainers;

Has a sound knowledge of the employers operations as it relates to the production process;

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Can select, prepare and assemble all products in the workshop.

3 . - WAGES

Rates of pay for each classification level shall be that specified for corresponding wage level specified in Clause 4.6 - Wages and Supplementary Payments of this Award.

4 . - RESPONDENT COMPANIES

The following companies are respondent to this Appendix:

Avanti Glass

Stegbar Pty Ltd

Aluminium Products

Jason Anodising

Dowell Aluminium Windows

Lidco Aluminium Windows

ASA Windows Pty Ltd

W.A. Glass and Aluminium

Mawco Pty Ltd

Jason Windows

Supreme Windows

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V A R I A T I O N R E C O R D

Ins following order APPL. 555 of 2005 on 24 May 2007.For variations prior to this order see old variation record following.

METAL TRADES (GENERAL) AWARD

CLAUSE NO. EXTENT OF VARIATION ORDER NO. OPERATIVE DATE

GAZETTE REFERENCE

PART 1 – AWARD STRUCTURE

1. 1 Title

Cl Ins 555/05 24/05/07 87 WAIG 910

1.2 Arrangement

Cl Ins 555/05 24/05/07 87 WAIG 910

1.3 Area and Scope

Cl Ins 555/05 24/05/07 87 WAIG 910

1.4 Equal Opportunity

Cl Ins 555/05 24/05/07 87 WAIG 910

1.5 Division of Award

Cl Ins 555/05 24/05/07 87 WAIG 910

1.6 Definitions and Classification Structure

Cl Ins 555/05 24/05/07 87 WAIG 910

1.7 Award Modernisation

Cl Ins 555/05 24/05/07 87 WAIG 910

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PART II – GENERAL

2. CONTRACT OF EMPLOYMENT

Cl Ins 555/05 24/05/07 87 WAIG 910

2.1 Contract of Service

Cl Ins 555/05 24/05/07 87 WAIG 910

2.2 Training

Cl Ins 555/05 24/05/07 87 WAIG 910

2.3 Redundancy

Cl Ins 555/05 24/05/07 87 WAIG 910

2.4 Introduction of Change

Cl Ins 555/05 24/05/07 87 WAIG 910

3. HOURS OF WORK

Cl Ins 555/05 24/05/07 87 WAIG 910

Cl. 1/07 01/07/07 87 WAIG 1487 & 2067

3.1 Hours

Cl Ins 555/05 24/05/07 87 WAIG 910

3.2 Overtime

Cl Ins 555/05 24/05/07 87 WAIG9 10

3.2.3(6) 111/07 2/11/07 87 WAIG 2918

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3.2.3(6) 28/08 24/09/08 88 WAIG 2012

3.2.3(6) 68/09 18/12/09 90 WAIG 31

3.2.3(6) 2/10 01/07/10 90 WAIG 568 & 1156

3.2.3(6) 2/11 01/07/11 91 WAIG 1008 & 1558

3.2.3(6) 2/12 01/07/12 92 WAIG 1323

3.2.3(6) 40/12 26/09/12 92 WAIG 1744

3.2.3(6) 70/13 03/02/14 94 WAIG 96

3.2.3(6) 44/14 09/12/14 94 WAIG 1890

3.2.3(6) 140/15 05/11/15 95 WAIG 1840

3.3 Shift Work

Cl Ins 555/05 24/05/07 87 WAIG 910

4. RATES OF PAY

4.1 Minimum Adult Award Wage

Cl Ins 555/05 24/05/07 87 WAIG 910

Cl. 1/07 01/07/07 87 WAIG 1487 & 2067

Cl. 115/07 01/07/08 88 WAIG 773 &1294

Cl. 1/09 01/10/09 89 WAIG 735 & 1718

Cl. 2/10 01/07/10 90 WAIG 568 & 1156

Cl. 2/11 01/07/11 91 WAIG 1008 & 1558

Cl. 2/12 01/07/12 92 WAIG 1323

Cl. 1/13 01/07/13 93 WAIG 989

Cl. 1/14 01/07/14 94 WAIG 1210

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Cl. 1/15 01/07/15 95 WAIG 1181

Cl. 1/16 01/07/16 96 WAIG 1026

Cl. 1/17 01/07/17 97 WAIG 1091

4.2 Supported Wage System for Employees with Disabilities

Cl. Ins 555/05 24/05/07 87 WAIG 910

4.3 Apprentices

Cl. Ins 555/05 24/05/07 87 WAIG 910

4.4 Junior Employees

Cl. Ins 555/05 24/05/07 87 WAIG 910

4.5 Part time Employment

Cl Ins 555/05 24/05/07 87 WAIG 910

4.6 Payment of Wage

Cl. Ins 555/05 24/05/07 87 WAIG 910

4.7 Times and Wages Record

Cl. Ins 555/05 24/05/07 87 WAIG 910

4.8 Wages and Supplementary Payments

Cl. Ins 555/05 24/05/07 87 WAIG 910

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Corr 4.8.4 555/05 24/05/07 87 WAIG 910

Cl. 1/07 01/07/07 87 WAIG 1487 & 2067

4.8.2(1), 4.8.6(1) & 4.8.7 111/07 2/11/07 87 WAIG 2918

Cl. 115/07 01/07/08 88 WAIG 773 &1294

4.8.2(1), 4.8.6(1), 4.8.7 28/08 24/09/08 88 WAIG 2012

Cl. 1/09 01/10/09 89 WAIG 735 & 1718

4.8.2(1), 4.8.6(1), 4.8.7 68/09 18/12/09 90 WAIG 31

Cl. 2/10 01/07/10 90 WAIG 568 & 1156

4.8.2(1), 4.8.6(1) & 4.8.7 15/11 23/5/11 91 WAIG 929

Cl. 2/11 01/07/11 91 WAIG 1008 & 1558

Cl. 2/12 01/07/12 92 WAIG 1323

4.8.2(1), 4.8.6(1), 4.8.7 40/12 26/09/12 92 WAIG 1744

Cl. 1/13 01/07/13 93 WAIG 989

4.8.2(1), 4.8.6(1), 4.8.7 70/13 03/02/14 94 WAIG 96

Cl. 1/14 01/07/14 94 WAIG 1210

4.8.2(1), 4.8.6(1) & 4.8.7 44/14 09/12/14 94 WAIG 1890

Cl. 1/15 01/07/15 95 WAIG 1181

4.8.2(1), 4.8.6(1) & 4.8.7 140/15 05/11/15 95 WAIG 1840

Cl. 1/16 01/07/16 96 WAIG 1026

Cl. 1/17 01/07/17 97 WAIG 1091

4.9 Traineeships

Cl. Ins 555/05 24/05/07 87 WAIG 910

Cl. 1/07 01/07/07 87 WAIG 1487 & 2067

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Cl. 115/07 01/07/08 88 WAIG 773 & 1294

Cl. 1/09 01/10/09 89 WAIG 735 & 1718

Cl. 2/10 01/07/10 90 WAIG 568 & 1156

Cl. 2/11 01/07/11 91 WAIG 1008 & 1558

Cl. 2/12 01/07/12 92 WAIG 1323

5. ALLOWANCES AND FACILITIES

5.1 Higher Duties

Cl Ins 555/05 24/05/07 87 WAIG 910

5.2 Special Allowances and Facilities

Cl. Ins 555/05 24/05/07 87 WAIG 910

Cl. 111/07 2/11/07 87 WAIG 2918

Cl. 28/08 24/09/08 88 WAIG 2012

Cl. 68/09 18/12/09 90 WAIG 31

Cl. 15/11 23/5/11 91 WAIG 929

Cl. 40/12 26/09/12 92 WAIG 1744

Cl. 70/13 03/02/14 94 WAIG 96

Cl. 44/14 09/12/14 94 WAIG 1890

Cl. 140/15 05/11/15 95 WAIG 1840

5.3 Car Allowance

Cl Ins 555/05 24/05/07 87 WAIG 910

5.3.3 111/07 2/11/07 87 WAIG 2918

5.3.3 28/08 24/09/08 88 WAIG 2012

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5.3.3 40/12 26/09/12 92 WAIG 1744

5.3.3 70/13 03/02/14 94 WAIG 96

5.3.3 44/14 09/12/14 94 WAIG 1890

5.4 Fares and Travelling Time

Cl Ins 555/05 24/05/07 87 WAIG 910

5.5 Distant Work

Cl. Ins 555/05 24/05/07 87 WAIG 910

5.5.4, 5.5.5 111/07 2/11/07 87 WAIG 2918

5.5.4, 5.5.5 28/08 24/09/08 88 WAIG 2012

5.5.4, 5.5.5 40/12 26/09/12 92 WAIG 1744

5.5.4, 5.5.5 70/13 03/02/14 94 WAIG 96

5.5.4 & 5.5.5 44/14 09/12/14 94 WAIG 1890

5.6 Location Allowance

Cl. 53/07 01/07/07 87 WAIG 2435

Cl. 9/08 01/07/08 88 WAIG 689

Cl. 24/09 01/07/09 89 WAIG 729

Corr. Ord Sch. B (7)(a)(i) - (ii) 24/09 01/07/09 89 WAIG 2483

Cl. 117/10 01/07/10 90 WAIG 561

Cl. 24/11 01/07/11 91 WAIG 995

Cl. 6/12 01/07/12 92 WAIG 725

Cl. 7/13 01/07/13 93 WAIG 461

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Cl. 11/14 01/07/14 94 WAIG 669

Cl. 118/15 01/07/15 95 WAIG 700

Cl. 15/16 01/07/16 96 WAIG 631

Cl. 20/17 01/07/17 97 WAIG 585

6. LEAVE

Cl Ins 555/05 24/05/07 87 WAIG 910

6.1 Annual Leave

Cl Ins 555/05 24/05/07 87 WAIG 910

6.2 Sick Leave

Cl Ins 555/05 24/05/07 87 WAIG 910

6.3 Long Service Leave

Cl Ins 555/05 24/05/07 87 WAIG 910

6.4 Bereavement Leave

Cl. Ins 555/05 24/05/07 87 WAIG 910

Corr 6.4.1 555/05 24/05/07 87 WAIG 910

6.5 Parental Leave

Cl Ins 555/05 24/05/07 87 WAIG 910

6.6 Carer’s Leave

Cl. Ins 555/05 24/05/07 87 WAIG 910

6.7 Public Holidays

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Cl Ins 555/05 24/05/07 87 WAIG 910

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7. DISPUTE RESOLUTION PROCEDURE

Cl. Ins 555/05 24/05/07 87 WAIG 910

8. REGISTERED ORGANISATION

Cl Ins 555/05 24/05/07 87 WAIG 910

8.1 Right of Entry for Discussions with Employees

Cl. Ins 555/05 24/05/07 87 WAIG 910

8.2 Right of Entry to Investigate Breaches

Cl Ins 555/05 24/05/07 87 WAIG 910

8.3 Posting of Award and Union Notices

Cl. Ins 555/05 24/05/07 87 WAIG 910

8.4 Board of Reference

Cl Ins 555/05 24/05/07 87 WAIG 910

9. SUPERANNUATION

Cl. Ins 555/05 24/05/07 87 WAIG 910

PART 2 – CONSTRUCTION WORK

10. GENERAL PROVISIONS

Cl. Ins 555/05 24/05/07 87 WAIG 910

11. DEFINITION

Cl Ins 555/05 24/05/07 87 WAIG 910

12. CONTRACT OF SERVICE

Cl. Ins 555/05 24/05/07 87 WAIG 910

12.1 Apprentices

Cl Ins 555/05 24/05/07 87 WAIG 910

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12.2 Redundancy

Cl. Ins 555/05 24/05/07 87 WAIG 910

13. WAGES

Cl Ins 555/05 24/05/07 87 WAIG 910

Cl. 1/07 01/07/07 87 WAIG 1487 & 2067

13.4 - 13.6 111/07 2/11/07 87 WAIG 2918

Cl 115/07 01/07/08 88 WAIG 773 & 1294

13.4 - 13.6 28/08 24/09/08 88 WAIG 2012

Cl 1/09 01/10/09 89 WAIG 735& 1718

13.4 - 13.6 68/09 18/12/09 90 WAIG 31

Cl. 2/10 01/07/10 90 WAIG 568 & 1156

13.4 - 13.6 15/11 23/5/11 91 WAIG 929

Cl. 2/11 01/07/11 91 WAIG 1008 & 1558

Cl. 2/12 01/07/12 92 WAIG 1323

13.4 - 13.6 40/12 26/09/12 92 WAIG 1744

Cl. 1/13 01/07/13 93 WAIG 989

13.4 - 13.6 70/13 03/02/14 94 WAIG 96

Cl. 1/14 01/07/14 94 WAIG 1209

13.4 - 13.6 44/14 09/12/14 94 WAIG 1890

Cl. 1/15 01/07/15 95 WAIG 1181

13.4 - 13.6 140/15 05/11/15 95 WAIG 1840

Cl. 1/16 01/07/16 96 WAIG 1026

Cl. 1/17 01/07/17 97 WAIG 1091

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14. HOURS

Cl. Ins 555/05 24/05/07 87WAIG910

14.1 Rest Period

Cl Ins 555/05 24/05/07 87WAIG910

14.2 Shift Work

Cl Ins 555/05 24/05/07 87WAIG910

15. ALLOWANCES AND PROVISIONS

Cl Ins 555/05 24/05/07 87WAIG910

15.1 Special Allowances and Provisions

Cl Ins 555/05 24/05/07 87WAIG910

15.1.2(2), 15.1.4 111/07 2/11/07 87 WAIG 2918

15.1.2(2), 15.1.4 28/08 24/09/08 88 WAIG 2012s

15.1.2(2) & 15.1.4 68/09 18/12/09 90 WAIG 31

15.1.2(2), 15.1.4 15/11 23/5/11 91 WAIG 929

15.1.2(2), 15.1.4 40/12 26/09/12 92 WAIG 1744

15.1.2(2), 15.1.4 70/13 03/02/14 94 WAIG 96

15.1.2(2) & 15.1.4 44/14 09/12/14 94 WAIG 1890

15.1.2(2) & 15.1.4 140/15 05/11/15 95 WAIG 1840

15.2 Allowance for Travelling and Employment in Construction Work

Cl Ins 555/05 24/05/07 87WAIG910

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15.2.1(1) - (3) 111/07 2/11/07 87 WAIG 2918

15.2.1(1) - (3) 28/08 24/09/08 88 WAIG 2012

15.2.1(1) - (3) 40/12 26/09/12 92 WAIG 1744

15.2.1(1) - (3) 70/13 03/02/14 94 WAIG 96

15.2.1(1) - (3) 44/14 09/12/14 94 WAIG 1890

15.3 Distant Work

Cl Ins 555/05 24/05/07 87WAIG910

15.3.6 - 15.3.7 111/07 2/11/07 87 WAIG 2918

15.3.6 -15.3.7 28/08 24/09/08 88 WAIG 2012

15.3.6, 15.3.7 40/12 26/09/12 92 WAIG 1744

15.3.6 - 15.3.7 70/13 03/02/14 94 WAIG 96

15.3.6 - 15.3.7 44/14 09/12/14 94 WAIG 1890

15.4 Special Provision – Western Power

Cl Ins 555/05 24/05/07 87WAIG910

Cl 111/07 2/11/07 87 WAIG 2918

Cl 28/08 24/09/08 88 WAIG 2012

15.4.2 68/09 18/12/09 90 WAIG 31

15.4.2 15/11 23/5/11 91 WAIG 929

15.4.3 - 15.4.5 40/12 26/09/12 92 WAIG 1744

15.4.2 - 15.4.5 70/13 03/02/14 94 WAIG 96

15.4.2 - 15.4.5 44/14 09/12/14 94 WAIG 1890

15.4.2 140/15 05/11/15 95 WAIG 1840

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16. LEAVE

Cl Ins 555/05 24/05/07 87 WAIG 910

16.1 Annual Leave Loading

Cl Ins 555/05 24/05/07 87 WAIG 910

17. STRUCTURAL EFFICIENCY

Cl Ins 555/05 24/05/07 87 WAIG 910

18. NAMED PARTIES

Cl Ins 555/05 24/05/07 87 WAIG 910

Ins new party 140/15 05/11/15 95 WAIG 1840

19. INDUSTRIES

Cl Ins 555/05 24/05/07 87 WAIG 910

Schedule 1 – Awards, Industrial Agreements and Orders Replaced

Ins. Sch. 555/05 24/05/07 87 WAIG 910

Appendix 1 – Old Classifications

Ins. App. 555/05 24/05/07 87 WAIG 910

Appendix 2 – Old Definitions

Ins. App. 555/05 24/05/07 87 WAIG 910

Appendix 3 – ABB Power Transmission Pty Ltd

Ins App. 555/05 24/05/07 87 WAIG 910

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App. 1/07 01/07/07 87 WAIG 1487 & 2067

App. 115/07 01/07/08 88 WAIG 773 &1294

App. 1/09 01/10/09 89 WAIG 735 & 1718

App. 2/10 01/07/10 90 WAIG 568 & 1156

App. 2/11 01/07/11 91 WAIG 1008 & 1558

App. 2/12 01/07/12 92 WAIG 1323

App. 1/13 01/07/13 93 WAIG 989

App. 1/14 01/07/14 94 WAIG 1209

App. 1/15 01/07/15 95 WAIG 1181

App. 1/16 01/07/16 96 WAIG 1026

App. 1/17 01/07/17 97 WAIG 1091

Appendix 4 – Architectural Aluminium Fabrication Classification

Ins. App. 555/05 24/05/07 87 WAIG 910

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P R E V I O U S V A R I A T I O N R E C O R DMETAL TRADES (GENERAL) AWARD

NO. 13 OF 1965.Delivered 21/06/66 at 46 WAIG 707.

Section 93(6) Consolidation 26/05/88 at 68 WAIG 1961Section 93(6) Consolidation 29/09/92 at 72 WAIG 2348Section 93(6) Consolidation 06/01/97 at 77 WAIG 548

CLAUSE NO. EXTENT OF VARIATION ORDER NO. OPERATIVE DATE

GAZETTE REFERENCE

1. Title(1A Statement of Principles - August 1996)

Cl. & Title 940/97 14/11/97 77 WAIG 3177(1A. Statement of Principles - November 1997)

Cl. & Title 757/98 12/06/98 78 WAIG 2579(1A. Statement of Principles - June, 1998)

Del. Cl. 609/99 06/07/99 79 WAIG 1847

2. Arrangement1A 940/97 14/11/97 77 WAIG 31771A. Title 757/98 12/06/98 78 WAIG 2579Del. 1A 609/99 06/07/99 79 WAIG 1847Appendix 3 901/04 15/09/04 84 WAIG 3298Pt II 15 909/04 15/09/04 84 WAIG 3301

3. Area and ScopeCl. 564/05 17/02/06 86 WAIG 504

4. Term

4A. Division of Award

PART I – GENERAL

5. Definitions and Classification StructureCl. 519/00 06/11/03 84 WAIG 256

6. Contract of Service

7. Higher Duties

8. Under-Rate Employees

9. Apprentices

10. Junior Employees

11. Part Time Employment

12. Cadets

13. Hours

14. Overtime(3)(f) 1756/01 08/03/02 82 WAIG 447(3)(f) 909/04 15/09/04 84 WAIG 3301(3)(f) 974/05 15/02/06 86 WAIG 499(3)(f) 82/06 13/12/06 86 WAIG 3391

15. Shift Work16. Payment of Wages

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17. Time and Wages RecordIns. text 2053(1)/97 22/11/97 77 WAIG 3138(2) Ins. text 491/98 16/04/98 78 WAIG 1471

18. Special Rates and Provisions(1)-(5),(7), (9)-(12),(14),(20)(a),(21)&(22)

1756/01 08/03/02 82 WAIG 447

Cl. 909/04 15/09/04 84 WAIG 3301Cl. 974/05 15/02/06 86 WAIG 499Cl. 82/06 13/12/06 86 WAIG 3391

19. Car Allowance(3) 1756/01 08/03/02 82 WAIG 447(3) 909/04 15/09/04 84 WAIG 3301(3) 974/05 15/02/06 86 WAIG 499(3) 82/06 13/12/06 86 WAIG 3391

20. Fares and Travelling Time

21. Distant Work(4)(a) & (5) 1161(b)/96 11/11/97 78 WAIG 476(4) & (5) 1756/01 08/03/02 82 WAIG 447(4) & (5) 909/04 15/09/04 84 WAIG 3301(4) & (5) 974/05 15/02/06 86 WAIG 499(4) & (5) 82/06 13/12/06 86 WAIG 3391

22. Location AllowancesCl. 1400/97 01/07/97 77 WAIG 2547Cl. 975/98 01/07/98 78 WAIG 2999Cl. 690/99 01/07/99 79 WAIG 1843Cl. 1050/00 01/08/00 80 WAIG 3153Cl 718/01 01/08/01 81 WAIG 1559Cl. 686/02 01/07/02 82 WAIG 1185 Cl. 570/03 01/07/03 83 WAIG 1657Cl. 696/04 01/07/04 84 WAIG 2145Cl. 458/05 01/07/05 85 WAIG 1893Cl. 59/06 01/07/06 86 WAIG 1471

23. Holidays and Annual Leave

24. Absence Through Sickness

25. Long Service Leave

26. Representative Interviewing EmployeesIns. text 2053(1)/97 22/11/97 77 WAIG 3138

27. Posting of Award and Union Notices

28. Board of Reference

29. Bereavement Leave

30. Maternity Leave

31. Wages and Supplementary PaymentRates & Ins. text 940/97 14/11/97 77 WAIG 3177Min. Wage prov. 940/97 14/11/97 77 WAIG 3177Pt I (1)(a)(b)(d); (2)(a); (6) & (7)(a) 1231/98 07/08/98 78 WAIG 3543(6)(f)(ii) 885/98 01/12/98 78 WAIG 4864(6)(f)(iii) Ins. Text 2226/98 05/01/99 79 WAIG 241

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(1)(a)-(b) - rates, (1)(d) text, (6) - Min. Wage Rate & text

609/99 01/08/99 79 WAIG 1847

Cl. 654/00 01/08/00 80 WAIG 3379Cl. 752/01 01/08/01 81 WAIG 1721(2)(a), (3) - (4), (7)(a) - (8) 1756/01 08/03/02 82 WAIG 447Cl. 797/02 01/08/02 82 WAIG 1369Cl. 569/03 05/06/03 83 WAIG 1899, 2417(6)(9) 1197/03 01/11/03 83 WAIG 3537Del Cl. (1)(b) 519/00 06/11/03 84 WAIG 256Cl. 570/04 04/06/04 84 WAIG 1521, 1906(2)(a), (7) - (8) 909/04 15/09/04 84 WAIG 3301Cl. 576/05 07/07/05 85 WAIG 2089(2)(a), (7)(a) - (8) 974/05 15/02/06 86 WAIG 499Cl. 957/05 07/07/06 86 WAIG 1631, 2174(5) 740/02 26/06/06

(Order Del 25/07/06)

86 WAIG 2544

(2)(a), (7)(a) - (8) 82/06 13/12/06 86 WAIG 339132. Introduction of Change

32A. Redundancy

33. SuperannuationIns. text 599/98 30/06/98 78 WAIG 2559

34. Avoidance of Industrial Disputes(1a)(a),(d);del. (e);(2)(e) 2053/97 22/11/97 77 WAIG 3079

35. Training

36. Traineeships? – rates. 609/99 01/08/99 79 WAIG 1847Cl. 569/03 05/06/03 83 WAIG 1899, 2417Cl 570/04 04/06/04 84 WAIG 1521, 1906Cl. 576/05 07/07/05 85 WAIG 2089Cl. 957/05 07/07/06 86 WAIG 1631, 2174

Appendix 1 – Old Classifications(EDIT NOTE:Title in body Diff. to arrangement)

(3) 901/04 15/09/04 84 WAIG 3298Correction subcl. (3) title 901/04 22/09/04 84 WAIG 3301Correction subcl. (3) 13&14 classifications

901/04 02/12/04 85 WAIG 992

Appendix 2 – Old Definitions(*EDIT NOTE: Instruction 21 of O/N 1419/90 & 1465/91 used wrong title for Appendix 2.

(Appendix 3 – ABB Power Transmission Pty Ltd)Cl. 3. Rates & ASNA heading 940/97 14/11/97 77 WAIG 3177Cl. 3 rates 609/99 01/08/99 79 WAIG 1847Cl. 3 654/00 01/08/00 80 WAIG 3379Cl. 3 752/01 01/08/01 81 WAIG 1721Cl. 797/02 01/08/02 82 WAIG 1369Cl. 569/03 05/06/03 83 WAIG 1899, 2417Cl. 570/04 04/06/04 84 WAIG 1521, 1906Title & App. 901/04 15/09/04 84 WAIG 3298

Appendix 3 – ABB AUSTRALIA PTY LTDCl. 576/05 07/07/05 85 WAIG 2083, 2647Cl. 957/05 07/07/06 86 WAIG 1631, 2174

Appendix 4 – Architectural Aluminium Fabrication ClassificationPART II– CONSTRUCTION WORK

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1. General Provisions

2. Contract of Service

3. Rest Period4. Shift Work

5. Special Rates and Provisions(4) 1756/01 08/03/02 82 WAIG 447(2)(b) & (4) 909/04 15/09/04 84 WAIG 3301(2)(b) & (4) 974/05 15/02/06 86 WAIG 499(2)(b) & (4) 82/06 13/12/06 86 WAIG 3391

6. Allowance for Travelling and Employment in Construction Work(1)(a),(b),(c) 1161(b)/96 11/11/97 78 WAIG 476(1)(a) 1756/01 08/03/02 82 WAIG 447(1) 909/04 15/09/04 84 WAIG 3301(1)(a) - (c) 974/05 15/02/06 86 WAIG 499(1)(a), (b) & (c) 82/06 13/12/06 86 WAIG 3391

7. Distant Work(*Appears intention of O/N 1108/95 was to del sentence preceding (6)(a) as well, although instruction does not reflect that intention)

(6)(a), (7) 1161(b)/96 11/11/97 78 WAIG 476(6) & (7) 1756/01 08/03/02 82 WAIG 447(6) & (7) 909/04 15/09/04 84 WAIG 3301(6) & (7) 974/05 15/02/06 86 WAIG 499(6) & (7) 82/06 13/12/06 86 WAIG 3391

8. Annual Leave Loading

9. Right of EntryIns. text 2053(1)/97 22/11/97 77 WAIG 3138

10. WagesRates & ins. text 940/97 14/11/97 77 WAIG 3177Min. Wage prov. 940/97 14/11/97 77 WAIG 3177(1)(b); (2)(a); (4)(5)(6) & (8) 1231/98 07/08/98 78 WAIG 3543(1)(b) - text, (2)(a) - rates, (8) - Min. Wage Rate & text

609/99 01/08/99 79 WAIG 1847

Cl. 654/00 01/08/00 80 WAIG 3379Cl 752/01 01/08/01 81 WAIG 1721(4), (5)(a)(b)(c) & (6)(a) 1756/01 08/03/02 82 WAIG 447Cl. 797/02 01/08/02 82 WAIG 1369Cl. 569/03 05/06/03 83 WAIG 1899, 2417(8) & (9) 1197/03 01/11/03 83 WAIG 3537Cl. 570/04 04/06/04 84 WAIG 1521, 1906(4), (5) & (6) 909/04 15/09/04 84 WAIG 3301Correction: (6)(a)(i)&(ii) 909/04 22/09/04 84 WAIG 3306Cl. 576/05 07/07/05 85 WAIG 2083, 2647(4), (5) & (6) 974/05 15/02/06 86 WAIG 499Cl. 957/05 07/07/06 86 WAIG 1631, 2174(7) 740/02 26/06/06 86 WAIG 2537(4), (5) & (6) 82/06 13/12/06 86 WAIG 3391

10A. Award Modernisation

10B. Structural Efficiency

11. Grievances and Disputes

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(1)(c) 2053/97 22/11/97 77 WAIG 3079

12. Definition

13. Apprentices

14. Termination/Redundancy(15. Special Provisions - State Energy Commission of Western Australia)

(2), (3)(a), (4) & (5) 1231/98 07/08/98 78 WAIG 3543Cl. 1756/01 08/03/02 82 WAIG 447Title & Cl. 909/04 15/09/04 84 WAIG 3301

15. Special Provisions – Western Power CorporationCl. 974/05 15/02/06 86 WAIG 499Cl. 82/06 13/12/06 86 WAIG 3391

FIRST SCHEDULE - Awards, Industrial Agreements and Orders Replaced

SECOND SCHEDULE - Schedule of RespondentsDel. Resp 76/80 pt 206 02/12/98 78 WAIG 4886Del. Resp. 76/80 pt 198 01/02/99 78 WAIG 4886Sch. 1563/99 03/02/00 80 WAIG 370Sch. 1785/00 26/06/01 81 WAIG 1598Del Caterpillar of Aust 1190/02 24/12/02 83 WAIG 140Ins new industry heading & contents 564/05 17/02/06 86 WAIG 504

Third Schedule – Named Parties to the Award

Appendix - S.49B - Inspection Of Records RequirementsIns. text 2053(1)/97 22/11/97 77 WAIG 3138App. 491/98 16/04/98 78 WAIG 1471