57 - Western Australian Industrial Relations Commission

[57]

Westei

[Registered at the General Post Office, Perth, for Transmission by Post as a Newspaper]

Single Copy 25 c., Annual Subscription $6

WEDNESDAY, 22nd MARCH, 1967 Jo. 47—Part 1

BRICKYARD EMPLOYEES. (Housebrieks.)

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION.

No. 15 of 1966. Between the Federated Brick, Tile and Pottery

Industrial Union of Australia (Union of Workers) Western Australian Branch, Appli- cant and Metropolitan Brick Co. Pty Ltd, Mid- land Brick Co. Pty Ltd, and Hawker Siddeley Building Supplies Pty Ltd, Respondents.

CHIEF INDUSTRIAL COMMISSIONER S. F. SCHNAARS, in pursuance of the powers and jurisdiction conferred upon him by section 50 of the Industrial Arbitration Act, 1912-1966, doth hereby make the following award in connection with the industrial dispute between the abovenamed parties.

Award. 1.—Title.

This award shall be known as the Brickyard (Housebrick) Award 1967 and replaces Award No. 20 of 1958, as amended.

2.—^Arrangement. Title. Arrangement. Scope. Area. Term. Contract of Service. Breakdowns. Hours. Overtime. Shift Work. Wages. Mixed Functions.

13. Piecework. 14. Open Kiln Burners (when on Hand Firing). 15. Continuous Kiln Burners. 16. General. 17. Payment of Wages. 18. Under-rate Workers. 19. Absence Through Sickness. 20. Holidays and Annual Leave. 21. Time and Wages Record. 22. Posting of Award. 23. Board of Reference. 24. Long Service Leave. 25. Representative Interviewing Workers.

*26. Preference to Unionists. * Denotes disputed clause.

3.—Scope. This award shall apply to all workers employed

by the respondents in the classifications described in clause 11 hereof engaged in the manufacture of housebrieks (except firebricks and tapestry bricks).

4.—Area. This award shall apply within the South-West

Land Division in the State of Western Australia.

5.—Term. The term of this award shall be for a period of

three years as from the beginning of the first pay period commencing on or after the date hereof.

6.—Contract of Service. One day's notice shall, with the exception of

waste, sand and bag boys, in whose case one week's notice shall be required be necessary to terminate the engagement of all workers. In the event of an employer or a worker failing to give the required notice, one day's wages shall be paid or forfeited (with the exception of waste, sand and bag boys, in whose case one week's wages shall be paid or forfeited).

58 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

Provided that an employer may at any time dismiss a worker for refusal or neglect to obey orders, for misconduct, or if after receiving the prescribed notice he does not carry out his duties in the same manner as he did prior to such notice.

7.—^Breakdowns. The employer shall be entitled to deduct payment

for any day or portion of a day upon which the worker cannot be usefully employed because of any strike by the union or unions affiliated with it or by any other association or union or through the breakdown of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent.

8.—Hours. Except as otherwise provided in this award, the

following shall apply:— (1) Forty hours shall constitute the ordinary

week's work. (2) The hours of work except in the case of

open kiln burners and shift workers shall not exceed eight hours per day Monday to Friday inclusive to be performed between 7 a.m. and 5.30 p.m.

(3) The starting and finishing time having been established in any yard or works, shall not be varied until the union has been notified.

9.—Overtime. (1) Except in the case of open kiln burners and

shift workers, work performed beyond the number of ordinary working hours in any day, or beyond forty hours in any one week, or before the prescribed starting or after the prescribed finishing time, shall be deemed to be overtime. Liberty is reserved to apply to amend the provisions of this subclause.

(2) In the case of shift workers all work performed outside the rostered hours of duty shall be deemed to be overtime.

(3) Overtime shall be paid for at the rate of time and a half for the first four hours and double time thereafter.

(4) Work performed on Sunday and on the holidays prescribed by Clause 20 (1) hereof shall be paid for at the rate of double time.

Provided that this shall not apply to burners who shall only be paid at the rate of double time for work performed on the holidays prescribed by clause 20 (1) hereof.

(5) Workers under the age of eighteen years shall not, as far as practicable, be called upon to work between the hours of midnight and 6 a.m.

(6) As far as practicable when overtime is worked, any worker who is called upon to work such overtime shall be selected from amongst those workers performing the class of work that is required to be done during the time that such overtime is worked.

(7) (a) A worker required to work overtime for more than two hours without being notified on the previous day or earlier that he will be so required to work, shall be supplied with any meal required by the employer or paid sixty cents for a meal.

(b) No such payments need to be made to a worker living in the same locality as his place of work who can reasonably return home for such meals.

(8) Notwithstanding anything contained herein—

(a) an employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement.

(b) the union or any worker or workers covered by this award, shall not 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.

10.—Shift Work. (1) Where two or more shifts in any one day are

worked, the hours of shift workers shall be such as are mutually agreed upon between the employer and the union. Failing agreement, the hours of shift workers shall be fixed by the Board of Refer- ence.

(2) The penalty rates for shift work shall be 5 per cent, for afternoon shift and 10 per cent, for night shift.

(3) (a) Where any particular process, if carried out on shifts other than day shift, and less than five consecutive afternoon or five consecutive night shifts are worked on that process, then workers employed on such afternoon or night shifts shall be paid at overtime rates.

(b) 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 on any holiday.

Provided that this subclause shall not apply to burners.

11.—Wages. The minimum rates of wages payable to workers

covered by this award shall be as follows:— $

(1) Basic Wage (per week) 33.50 (2) Adult Males (margin over basic wage

per week): Front end loaders over 130 b.h.p 11.85 Bulldozer driver 8.45 Fork lift driver 8.45 Setter 8.40 Drawer 8.40 Moulder, presser, fancy bricks .... 8.40 Clayhole motor loco driver 8.40 Palette loader, off conveyor 8.00 Powder monkey 7.50 Off bearer 7.50 Burners "continuous" 7.50 Burners "down draught" 7.50 Burners "zig zag" using pulverised

coal 7.50 Burners, in charge, open kiln .... 7.50 Brick lifter, lifting on to off bearers

barrow 7.50 Hand presser 7.15 Machine driver, rigging and plating 6.50 Loader out to trucks, truck loader 8.40 Damperman 6.35 Man winding 5.65 Man in charge wirecut machines,

20,000 bricks and over per day .... 5.65 Burner, ordinary kilns 6.45 Burner's assistant, "zig zag" kiln 5.35

22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 59

$ Clayhole worker 5.35 Machine driver ordinary 5.35 Pan driver 5.35 Taker-off, trucker, assistant setter 5.35 Scintler .... 5.35 Wheeler in 5.35 Mill feeder 5.35 Coal wheeler 5.35 Palette loader, dry bricks 5.35 Drillman, shalepit .... 6.25 Crusher driver, Armadale yard .... 6.35 Crusher driver's assistant, Armadale

yard 5.35 Machine driver, "zig zag" yard,

Armadale 8.40 Sorter Packer 6.70

(3) Junior Workers (under 21 years of age) (per cent, of male basic wage per week): %

Taker oif, single machine 88 Loft attendant 88 Waste boy 54 Column cutter 88 Bag and sand boy 54 Mill feeder, winding 93

(4) Leading Hands: Any worker appointed as such and placed in charge of more than four other workers shall be paid $2.30 per week in addition to the rates prescribed herein.

12.—Mixed Functions. (1) A worker called upon to perform work carry-

ing a higher rate than his usual rate of pay shall be entitled to payment at such higher rate for the period that he is actually engaged upon such work.

(2) A worker called upon to do work carrying a lower rate than his usual rate of pay, for less than one half of a day, shall be paid for such work at his usual rate of pay.

13.—Piecework. (1) An employer may make a contract with a

drawer for payment by results by piecework. (2) The rate of payment shall be fixed on the

basis that it shall be sufficient to yield to a drawer of average capacity for a full week's work of the ordinary hours at least the minimum time rate of pay recognised by customs for such week's work: Provided that, where a drawer works part of a full week at piecework rates and part at time rates, he shall be paid so much as he is entitled to receive under such piecework rates, plus the proportionate amount which he is entitled to receive at time rates of pay recognised by custom for drawers.

(3) A drawer working under any system of payment by results shall receive a least the time rate of pay recognised by custom for drawers.

(4) In the event of any dispute regarding piecework rates occurring and remaining unsettled between the employer and the drawer, the employer or the union may refer such dispute to the Board of Reference.

14.—Open Kiln Burners (when on Hand Firing). (1) Ten hours shall constitute a night's

work, starting at 7 p.m. and finishing at 6 a.m. one hour during that period being allowed for meals. Any time so worked shall not count in the week's work.

(2) All burners employed on full night shift shall be kept on until after the last complete feed on that night. Burners working on broken shifts shall be paid one hour in addition to the actual time worked at the conclusion of the last feed.

(3) Not less than two men shall be employed on kilns containing up to fifty-five thousand bricks when in full fire.

(4) On kilns containing over fifty-five thousand bricks and up to seventy-five thousand bricks when in full fire, not less than three men shall be employed.

(5) On kilns containing over seventy-five thousand bricks when in full fire, not less than four men shall be employed.

(6) An ordinary burner shall not be allowed to work on one kiln for more than two nights in one week, such two nights not to be consecutive.

(7) Work performed on a Saturday or Sunday shall be paid for at the rate of time and a half. Such work shall be confined to work connected with burning only. Firewood shall only be unloaded when it is required for a kiln then burning.

(8) All firewood, stopping and daub required at night shall be provided in proximity to the kilns.

(9) When more than three burners are employed at night, one shall be placed in charge and paid as head burner.

(10) It shall be optional for a worker to refuse to wheel up a checker after having been employed as burner on the previous night.

15.—Continuous Kiln Burners.

(1) Coal landings shall not be less than three feet wide and shall be railed.

(2) The hours of burners shall not exceed one hundred and sixty in twenty-eight consecutive days, and shall be rostered so as not to exceed forty- eight in any one period of seven consecutive days in the four-weekly period.

(3) Burners performing work on Saturdays and/ or Sundays shall be paid at the rate of time and a half for such work and have one clear day off in each week.

(4) Head burners appointed as such by the employer shall be paid at the rate of thirty cents per day in addition to the rates prescribed herein and this extra payment shall be regarded as payment for the extra work involved by such supervision.

16.—General. (1) Except where rubber-tyred vehicles are used

plates or planks shall be provided for all wheelers wheeling into the kiln in all places except where the ground to be wheeled on is hard.

(2) The employer shall supply oilskins to all workers whose work ordinarily makes it necessary for them to work out in the rain.

(3) Hot water showers shall be provided for workers working in or about the kilns.

(4) Machine and pan drivers oiling machinery outside ordinary working hours shall be paid an additional half-hour's pay per day at ordinary rates for performing such work.

(5) All waste and other material required for cleaning shall be supplied by the employer.

(6) Piecework rates for drawers shall be on truck or at stack.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967.

(7) Where aprons are used by open kiln burners, they shall be provided by the employer or alternatively an allowance of 5 cents per shift shall be paid to the burners.

(8) Where the temperature of the kiln ascer- tained at a height of five feet six inches from the ground and at a distance of one foot six inches from the face of the bricks is over 130 deg. F., the men then working in the kiln may without prejudice to their employment, discontinue working in the kiln until the heat is reduced to 130 deg. F., the thermometer to be kept in the kiln until the mercury ceases its upward movement.

(9) Tunnel kiln operators and assistants, whose duties include the manual lifting of tunnel kiln doors, shall be paid a clothing allowance of twenty- five cents per week.

17.—Payment of Wages. (1) All wages shall be paid on the job within

twenty minutes of the close of the day's work at least once a fortnight.

(2) When a worker is discharged, or leaves his employer legally, at or before the usual time, he shall be paid all wages due to him within one day of ceasing work.

(3) Where an obligation to pay a final amount contains a decimal figure of .5 of a cent or more, the amount to be paid shall be the next whole cent. Example: 5.5 cents becomes 6 cents. Where the amount to be paid contains a decimal figure of less than .5 of a cent, such decimal figure shall be disregarded. Example: 5.4 cents becomes 5 cents.

18.—Under-rate Workers. (1) Any worker who by reason of old age or in-

firmity is unable to earn the minimum wage may be paid such lesser wage as may from time to time be agreed upon in writing between the union and the employer.

(2) In the event of no agreement being arrived at the matter may be referred to the Board of Reference for determination.

(3) After application has been made to the Board, and pending the Board's decision, the worker shall be entitled to work for and be employed at the proposed lesser rate.

19.—Absence Through Sickness. (1) A worker shall be entitled to payment for

non-attendance on the ground of personal ill- health at the rate of one-twelfth of a week's pay for each completed month of service: Provided that subject to subclause (7) hereof, payment for absence through such ill-health shall be limited to one week's pay in each calendar year.

(2) Payment hereunder may be adjusted at the end of each calendar year or at the time the worker leaves the service of the employer, in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred.

(3) This clause shall not apply when the worker is entitled to compensation under the Workers' Compensation Act.

(4) A worker shall not be entitled to receive any wages from his employer for any time lost through any accident not arising out of or in the course of his employment or for any accident wherever sustained arising out of his own wilful default or for sickness arising out of his own wilful default.

(5) No worker shall be entitled to the benefits of this clause unless he produces proof satisfactory to his employer of sickness, but the employer shall not be entitled to a medical certificate unless the absence is for three days or more.

(6) Notwithstanding the provisions of subclause (5) hereof, a worker, who in any calendar year, has already been allowed paid sick leave on one occasion for one day only, or less, shall not be entitled to payment for any further absence unless he produces to the employer a medical certificate stating that he was unable to attend for duty on account of personal ill-health.

(7) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been allowed to any worker by his employer as paid sick leave may be claimed by the worker and, subject to the conditions hereinbefore prescribed, shall be allowed by his employer in any subsequent year without diminution of the sick leave prescribed in respect of that year. Provided that sick leave which accumulates pursuant to this subclause shall be available to the worker for a period of two years but not longer from the end of the year in which it accrues.

20.—Holidays and Annual Leave. (1) (a) The following days, or the days observed

in lieu shall subject to Clause 9 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, Sov- ereign'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 the subclause.

(b) Where Christmas Day or New Year's Day falls on a Saturday or a Sunday, such holiday shall be observed on the next succeeding Monday and where Boxing Day falls on a Sunday or a Monday such holiday shall be observed on the next succeeding Tuesday; in each such case the substituted day shall be deemed a holiday without deduction of pay in lieu of the day for which it is substituted.

(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 a worker need not present himself for duty and payment may be deducted, but if work be done ordinary rates of pay shall apply.

(3) Any worker absenting himself from work on the whole or any portion of the working day preceding or on the whole or any portion of the working day succeeding a holiday provided for herein shall not be entitled to payment for such holiday.

(4) Except as hereinafter provided, a period of three consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his employer after a period of twelve months' continuous service with that employer.

(5) If any award holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker 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) If after one month's continuous service in any qualifying twelve-monthly period a worker leaves his employment or his employment is terminated by the employer through no fault of the worker, the worker shall be paid one-quarter of a week's pay at his ordinary rate of wage in respect of each completed month of continuous service.

(7) (a) A continuous kiln burner, that is a burner who is rostered to work regularly on Sunday and holidays shall be allowed one week's leave in addition to the leave to which he is otherwise entitled under this clause.

(b) Where a worker with twelve months' continuous service is engaged for part of a qualifying twelve monthly period as a seven day shift worker, he shall be entitled to have the period of annual leave to which he is otherwise entitled under this clause increase by one-twelfth of a week for each completed month he is continuously so engaged.

(8) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by this award shall not count for the purpose of determining his right to annual leave,

(9) In the event of a worker being employed by an employer for portion only of a year, he shall only be entitled, subject to subclause (6) of this clause, to such leave on full pay as is proportionate to his length of service during that period with such employer, and if such leave is not equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers of such employer are on leave on full pay.

(10) A worker who is justifiably dismissed for misconduct shall not be entitled to the benefit of the provisions of this clause.

(11) In special circumstances and by mutual consent of the employer, the worker and the union concerned, annual leave may be taken in not more than two periods.

(12) Notwithstanding anything else herein contained, an employer who observes a Christmas closedown for the purpose of granting annual leave may require a worker to take his annual leave in not more than two periods but neither of such periods shall be less than one week.

21.—Time and Wages Record. The employer shall keep and enter up, or cause

to be kept and entered up, a record containing— (a) the name of each worker to whom this

award applies; (b) the class of work performed by him; (c) the hours worked each day by him; (d) the wages (and overtime, if any) paid to

him; (e) the ages of junior workers.

Such record shall be open to inspection by a representative of the union not more than once weekly, between the working hours of 10 a.m. and 4 p.m.

22.—^Posting of Award. (1) Notices relating to meetings in connection

with the union shall be allowed to be exhibited in each yard.

(2) A copy of this award, if supplied by the union shall be allowed to be posted in a place easily accessible to the workers.

23.—Board of Reference. (1) The Commission hereby appoints, for the

purposes of this award, a Board of Reference con- sisting of a chairman and two other members who shall be appointed pursuant to regulation 80 of the Industrial Arbitration Act (Western Australian Industrial Commission) Regulations 1964.

(2) The Board of Reference is hereby assigned the function of allowing, approving, fixing, determining or dealing with any matter of difference between the parties in relation to any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference.

24.—Long Service Leave. The Long Service Leave provisions published in

Volume 44 of the Western Australian Industrial Gazette at pages 606 to 612 inclusive are hereby incorporated in and shall be deemed to be part of this award.

25.—Representative Interviewing Workers. (1) On notifying the employer or his representa-

tive an accredited representative of the union shall be permitted to interview a worker during the recognised meal hour on the business premises of the employer at the place at which the meal is taken but this permission shall not be exercised without the consent of the employer more than once in any one week.

(2) In the case of a disagreement existing or anticipated corncerning any of the provisions of this award, an accredited representative of the union, on notifying the employer or his representative, shall be permitted to enter the business premises of the employer to view the work the subject of any such disagreement but shall not interfere in any way with the carrying out of such work.

26.—Preference to Unionists. (1) In this clause—

"the union" means the Federated Brick, Tile and Pottery Industrial Union of Workers, Western Australian Branch.

"unionist" means a worker who is a member of the union.

"non-unionist" means a worker who is not a member of the union.

(2) Subject to the provisions of this clause it is a condition of employment under this award that each non-unionist shall—

(a) unless he has already applied for membership of the union in the manner prescribed by the rules of the union, apply for such membership in the manner so prescribed within seven days of receiving, from an accredited representative of the union, a copy of those rules, a copy of this clause and an application form for membership;

(b) upon being notified that he has been accepted as a member of the union, do such things as may be required under the rules of the union in relation to his admission to membership; and

(c) thereafter remain a unionist while so employed.

(3) Subclause (2) of this clause does not apply to any worker—

(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 61B of the Indus- trial Arbitration Act, 1912-1966;


(b) who, prior to the expiration of the seven days referred to in that subclause, has applied for such a certificate of exemption, unless and until that application is finally determined under that section; or

(c) for the unexpired portion of any period in respect of which he has, prior to commencing employment under this award, paid membership fees on his own behalf to another union.

(4) (a) Where the secretary of the union has notified an employer that a non-unionist to whom the provisions of subclause (2) of this clause apply has failed or refused to comply with those provisions, that non-unionist shall not be retained in employment by that employer for more than twenty-four hours to the exclusion of any well- conducted unionist yho is employed by, or who applies for employment, with that employer and who is adequately experienced and otherwise competent in the work performed by that non-unionist, and is of the sex to which that work is allotted by this award, or, where the award makes no such provision, by custom.

(b) Where paragraph (a) of this subclause operates so as to require the dismissal of a non- unionist by his employer the provisions of Clause 6 of this award are hereby declared inoperative in respect of that dismissal but only if—

(i) a unionist is engaged to commence work in the place of the non-unionist; and

(ii) that the dismissal does not become effective before the unionist has so commenced.

(5) A non-unionist shall not be engaged for any work to the exclusion of a well-conducted unionist if that unionist—

(a) is adequately experienced in and competent to perform that work;

(b) applies to that employer, for employment on that work—

(i) not later than the time at which the non-unionist applies; or

(ii) within the time specified by that employer in any advertisement calling for such applications,

whichever is the later; (c) is able to commence work at the time re-

quired by the employer; and (d) is of the sex to which the work concerned

is allotted by this award or where the award makes no such provision, by custom.

(6) Subclause (5) of this clause does not apply to a non-unionist—

(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 61B of the Indus- trial Arbitration Act, 1912-1966; or

(b) for the period between the date on which he applies for such a certificate and the date on which that application is finally determined under that section.

In witness whereof this award has been signed by the said Commissioner this 10th day of Febru- ary, 1967.

(Sgd.) S. F. SCHNAARS, IL-S-l Commissioner.

BRICKYARD EMPLOYEES. (Firebrick and Tapestry Bricks.)


No. 16 Of 1966. Between the Federated Brick, Tile and Pottery

Industrial Union of Australia (Union of Workers) Western Australian Branch, Appli- cant, and H. L. Brisbane and Wunderlich Ltd, Clackline Refractories Pty Ltd, and Hawker Siddeley Building Supplies Pty Ltd, Respon- dents.

CHIEF INDUSTRIAL COMMISSIONER S. F. SCHNAARS, in pursuance of the powers and jurisdiction conferred upon him by section 50 of the Industrial Arbitration Act, 1912-1966, doth hereby make the following award in connection with the industrial dispute between the abovenamed parties.

Award. 1.—Title.

This award shall be known as the Brickyard (Firebrick and Tapestry Bricks) Award 1967 and replaces Award No. 9 of 1959, as amended.

2.—Arrangement, 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Terms. 6. Hours. 7, Shift Work. 8. Overtime. 9. Wages.

10. Mixed Functions. 11. Under-rate Workers. 12. Payment of Wages. 13. Contract of Service. 14. Breakdowns, etc, 15. Holidays and Annual Leave. 16. Absence through Sickness. 17. Time and Wages Record. 18. Posting of Award. 19. General. 20. First Aid. 21. Board of Reference. 22. Long Service Leave. 23. Representative Interviewing Workers.

*24. Preference to Unionists. * Denotes disputed clause.


by the respondents in the classifications described in clause 11 hereof engaged in the manufacture of firebrick and tapestry bricks.

4.—Area. This award shall apply over the area comprised

within a radius of eighty miles from the General Post Office, Perth.

5.—Term, The term of this award shall be for a period of




week's work.

22 March, 1967.J WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 63

(2) The hours of work except in the case of open kiln burners and shift workers shall not exceed eight hours per day Monday to Friday inclusive to be performed between 7 a.m. and 5.30 p.m.

7.—Shift Work. (1) Where two or more shifts in any one day are

worked, the hours of shift workers shall be such as are mutually agreed upon between the employer and the union. Failing agreement, the hours of shift workers shall be fixed by the Board of Reference.

(2) The penalty rates for shift work shall be 5 per cent- for afternoon shift and 10 per cent, for night shift.

(3) (a) Where any particular process if carried out on shifts other than day shift, and less than five consecutive afternoon or five consecutive night shifts are worked on that process, then workers employed on such afternoon or night shifts shall be paid at overtime rates.


Provided that this subclause shall not apply to burners.

8.—Overtime.

(1) Work performed beyond eight hours on Monday to Friday inclusive, or beyond forty hours in any one week, or except in the case of shift work, before the prescribed starting or after the prescribed finishing time, shall be deemed as overtime. Liberty is reserved to apply to amend the pi-ovisions of this clause.

(2) Overtime shall be paid for at the rate of time and a half for the first four hours and double time thereafter, except in the case of burners, where overtime shall be paid for at ordinary time rates.

(3) All work performed on Sundays and the holidays prescribed in clause 15 (1) hereof shall be paid for at the rate of double time.

(4) Notwithstanding anything contained herein—■

(a) an employer may require any worker to work reasonable overtime at overtime rates and such workers shall work overtime in accordance with such requirement.

(b) The union or any worker or workers covered by this award, shall not 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.

(5) Workers under the age of eighteen years shall not, as far as practicable, be called upon to work between the hours of midnight and 6 a.m.

(6) (a) A worker required to work overtime for more than two hours without being notified on the previous day or earlier that he will be so required to work, shall be supplied with any meal required by the employer or paid sixty five cents for a meal,




(1) Basic Wage (per week) 33.50

(2) Adult Males (margin over basic wage per week):

Fork lift driver 8.45 Setter 8.40 Moulder 8.40 Burner (down draught) 7.50 Powder monkey 7.50 Off bearer and bricklifter 7.50 Presser, hand press machine 7.10 Crucible machine operator 6.90 Wheeler Out 6.55 Burner (other kilns) 6.35 Machine driver (dry press or plas-

tic) 5,35 Panman .... 5.35 Scintler 5.35 Wheeler for setting 5.35 Mill mixer 5.35 Taker Off (dry press) 5.35 Clayhole man (ordinary) 5.35

(3) Junior Workers (per cent, of male basic wage): %

Column cutter 88 Bag and sand boy 54 Taker off—single machine 88

(4) Leading Hands: Any worker appointed as such and placed in charge of more than four other workers shall be paid $2.30 per week in addition to the rates prescribed herein. (a) An employer may make a contract with

a drawer for payment by results by piecework.

(b) The rate of payment shall be fixed on the basis that it shall be sufficient to yield to a drawer of average capacity for a full week's work of the ordinary hours, at least the minimum time rate of pay recognised by custom for such week's work: Provided that, where a drawer works part of a full week at piecework rates, and part at time rates, he shall be paid so much as he is entitled to receive under such piecework rates, plus the proportionate amount which he is entitled to receive at time rates of pay recognised by custom.

(c) A drawer working under any system of payment by results shall receive at least the time rate of pay recognised by custom for drawers.

(d) In the event of any dispute regarding piecework rates occurring and remaining unsettled between the employer and a drawer, the employer or the union may refer such dispute to the Board of Reference.

10.—Mixed Functions, (1) A worker called upon to perform work car-

rying a higher rate than his usual rate of pay shall be entitled to payment at such higher rate for the period that he is actually engaged upon such work.



11.—Under-rate Workers. (1) Any worker who by reason of old age or

infirmity is unable to earn the minimum wage may be paid such lesser wage as may from time to time be agreed upon in writing between the union and the employer.


(3) After application has been made to the Board, and pending the Board's decision, the worker shall be entitled to work for and be employed at the proposed lesser rate.

12.—Payment of Wages. (1) All wages shall be paid on the job within

twenty minutes of the close of the day's work at least once a fortnight.


(3) Where an obligation to pay a final amount contains a decimal figure of .5 of a cent or more, the amount to be paid shall be the next whole cent. Example: 5,5 cents becomes 6 cents. Where the amount to be paid contains a decimal figure of less than .5 of a cent, such decimal figure shall be disregarded. Example: 5:4 cents becomes 5 cents.

13.—Contract of Service. One day's notice shall (with the exception of

waste, sand and bag boys, in whose case one week's notice shall be required) be necessary to terminate the engagement of all workers. In the event of an employer or a worker failing to give the required notice, one day's wages shall be paid or forfeited (with the exception of waste, sand and bag boys, in whose case one week's wages shall be paid or forfeited).

Provided that an employer may at any time dismiss a worker for refusal or neglect to obey orders, for misconduct, or if after receiving the prescribed notice he does not carry out his duties in the same manner as he did prior to such notice.

14.-—Breakdowns, etc. The employer shall be entitled to deduct pay-

ment for any day or portion of a day upon which the worker cannot be usefully employed because of any strike by the union or unions affiliated with it or by any other Association or union or through the breakdown of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent.

15.—Holidays and Annual Leave. (1) (a) The following days, or the days ob-

served in lieu shall subject to Clause 8 be allowed as holidays without deduction of pay, namely—• New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Founda- tion 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 the subclause.

(b) Where Christmas Day or New Year's Day falls on a Saturday or a Sunday, such holiday shall be observed on the next succeeding Monday and where Boxing Day falls on a Sunday or a Monday such holiday shall be observed on the next succeeding Tuesday: in each such case the substituted day shall be deemed a holiday without deduction of pay in lieu of the day for which it is substituted.

(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 a worker need not present himself for duty and payment may be deducted, but if work be done ordinary rates of pay shall apply.

(3) Any worker absenting himself from work on the whole or any portion of the working day preceding or on the whole or any portion of the working day succeeding a holiday provided for herein shall not be entitled to payment for such holiday.

(4) Except as hereinafter provided, a period of three consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his employer after a period of twelve months' continuous service with that employer.


(6) If after one month's continuous service in any qualifying twelve-monthly period a worker leaves his employment or his employment is terminated by the employer through no fault of the worker, the worker shall be paid one-quarter of a week's pay at his ordinary rate of wage in respect of each completed month of continuous service.

(7) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by this award shall not count for the purpose of determining his right to annual leave.

(8) In the event of a worker being employed by an employer for portion only of a year, he shall only be entitled, subject to subclause (6) of this clause, to such leave on full pay as is proportionate to his length of service during that period with such employer, and if such leave is not equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers of such employer are on leave on full pay.



(11) Notwithstanding anything else herein contained, an employer who observes a Christmas closedown for the purpose of granting annual leave may require a worker to take his annual leave in not more than two periods but neither of such periods shall be less than one week.


16.—Absence through Sickness. (1) A worker shall be entitled to payment for

non-attendance on the ground of personal ill- health at the rate of one-twelfth of a week's pay for each completed month of service: Provided that subject to subclause (7) hereof, payment for absence through such ill-health shall be limited to one week's pay in each calendar year.

(2) Payment hereunder may be adjusted at the end of each calendar year or at the time the worker leaves the service of the employer, in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred.


(4) A worker shall not be entitled to receive any wages from his employer for any time lost through any accident not arising out of or in the course of his employment or for any accident wherever sustained arising out of his own wilful default or for sickness arising out of his own wilful default.

(5) No worker shall be entitled to the benefits of this clause unless he produces proof satisfactory to his employer of sickness, but the employer shall not be entitled to a medical certificate unless the absence is for three days or more.

(6) Notwithstanding the provisions of subclause (5) hereof, a worker, who in any calendar year, has already been allowed paid sick leave on one occasion for one day only, or less, shall not be entitled to payment for any further absence unless he produces to the employer a medical certificate stating that he was unable to attend for duty on account of personal ill-health.

(7) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been allowed to any worker by his employer as paid sick leave may be claimed by the worker and, subject to the conditions hereinbefore prescribed, shall be allowed by his employer in any subsequent year without diminution of the sick leave prescribed in respect of that year. Pro- vided that sick leave which accumulates pursuant to this subclause shall be available to the worker for a period of two years but not longer from the end of the year in which it accrues.


to be kept and entered up, a record containing— (a) the name of each worker to whom this

award applies; (b) the class of work performed by him; (c) the hours worked each day by him; (d) the wages (and overtime, if any) paid to



18.—Posting of Award. (1) Notices relating to meetings in connection



19.—General. (1) Except where rubber-tyred vehicles are used

plates or planks shall be provided for all wheelers wheeling into the kiln in all places except where the ground to be wheeled on is hard.

(2) The employer shall supply oilskins to all workers whose work ordinarily makes its necessary for them to work out in the rain.

(3) Where aprons are used by open kiln burners engaged on wood firing, they shall be provided by the employer, or alternatively an allowance of five cents per shift shall be paid to burners.

(4) Where the temperature of the kiln ascer- tained at a height of five feet six inches from the ground and at a distance of one foot six inches from the face of the bricks is over 130 deg. P., the men then working in the kiln may without prejudice to their employment, discontinue working in the kiln until the heat is reduced to 130 deg. P., the thermometer to be kept in the kiln until the mercury ceases its upward movement.

20.—First Aid. Every yard shall be equipped with a First-aid

outfit, and such outfit shall be kept In a suitable place not more than three hundred yards from the place of employment.

21.—Board of Reference.

(1) The Commission hereby appoints, for the purposes of this award, a Board of Reference con- sisting of a chairman and two other members who shall be appointed pursuant to regulation 80 of the Industrial Arbitration Act (Western Australian In- dustrial Commission) Regulations 1964.

(2) The Board of Reference is hereby assigned the function of allowing, approving, fixing, determining or dealing with any matter of difference between the parties in relation to any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference.



23.—Representative Interviewing Workers. (1) On notifying the employer or his representa-

tive an accredited representative of the union shall be permitted to interview a worker during the recognised meal hour on the business premises of the employer at the place at which the meal is taken but this permission shall not be exercised without the consent of the employer more than once in any one week.

(2) In the case of a disagreement existing or anticipated concerning any of the provisions of this award, an accredited representative of the union, on notifying the employer or his representative, shall be permitted to enter the business premises of the employer to view the work the subject of any such disagreement but shall not interfere in any way with the carrying out of such work.


24.—Preference to Unionists.

(1) In this clause— "the union" means the Federated Brick, Tile

and Pottery Industrial Union of Workers, Western Australian Branch;

"unionist" means a worker who is a member of the union;


(2) Subject to the provisions of this clause it is a condition of employment under this award that each non-unionist shall—

(a) unless he has already applied for membership of the union in the manner prescribed by the rules of the union, apply for such membership in the manner so prescribed within seven days of receiving, from an accredited representative of the union, a copy of those rules, a copy of this clause and an application form for membership;


(c) thereafter remain a unionist while so employed.


(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 61B of the In- dustrial Arbitration Act, 1912-1966;

(b) who, prior to the expiration of the seven days referred to in that subclause, has applied for such a certificate of exemption, unless and until that application is finally determined under that section; or

(c) for the unexpired portion of any period in respect of which he has, prior to commencing employment under this award, paid membership fees on his own behalf to another union.

(4) (a) Where the Secretary of the union has notified an employer that a non-unionist to whom the provisions of subclause (2) of this clause apply has failed or refused to comply with those provisions, that non-unionist shall not be retained in employment by that employer for more than twenty-four hours to the exclusion of any well- conducted unionist who is employed by, or who applies for employment, with that employer and who is adequately experienced and otherwise competent in the work performed by that non-unionist, and is of the sex to which that work is allotted by this award, or, where the award makes no such provision, by custom.

(b) Where paragraph (a) of this subclause operates so as to require the dismissal of a non- unionist by his employer the provisions of Clause 13 of this award are hereby declared inoperative in respect of that dismissal but only if—


(ii) that the dismissal does not become effective before the unionist has so commenced.


(a) is adequately experienced in and competent to perform that work;




whichever is the later; (c) is able to commence work at the time

required by the employer; and (d) is of the sex to which the work concerned

is allotted by this award or where the award makes no such provision, by custom.


(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 61B of the Industrial Arbitration Act, 1912-1966; or


In witness whereof this award has been signed by the said Commissioner this 10th day of February, 1967.

(Sgd) S. F. SCHNAARS, [L.S.] Commissioner.

CEMENT TILE MANUFACTURING. BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION. No. 3 of 1966.

Between the Federated Brick Tile and Pottery Industrial Union of Australia (Union of Workers) Western Australian Branch, Appli- cant, and Monier Tile Co. W.A., and others as per Schedule "A", Respondents,

CHIEF INDUSTRIAL COMMISSIONER S. F. SCHNAARS, in pursuance of the powers and jurisdiction conferred upon him by section 50 of the Industrial Arbitration Act, 1912-1966, doth hereby make the following award in connection with the industrial dispute between the abovenamed parties.

Award.

1.—Title. This award shall be known as the "Cement Tile

Manufacturing Award 1967" and replaces Award No. 36 of 1956, as amended.

22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Area. 4. Scope. 5. Term. 6. Hours. 7. Shift Work. 8. Overtime. 9. Payment of Wages.

10. Wages. 11. Mixed Functions. 12. Contract of Service. 13. Breakdowns. 14. Under-rate Workers. 15. Holidays and Annual Leave. 16. Absence through Sickness. 17. Board of Reference. 18. Junior Worker's Certificate. 19. Time and Wages Record. 20. First Aid Outfit. 21. Posting of Award. 22. Protective Clothing. 23. Long Service Leave. 24. Representative Interviewing Workers.

*25. Preference to Unionists. ,,, Denotes disputed clarise.

3.—Area. This award shall apply within the South-West

Land Division in the State of Western Australia.


by the respondents in the classifications described in clause 10 hereof engaged in the manufacture of cement tiles.

5.—Term. The term of this award shall be for a period of




week's work. (2) The hours of work except in the case of

shift workers shall not exceed eight hours per day Monday to Friday inclusive to be performed between 7 a.m. and 5.30 p.m.

(3) The starting and finishing time having been established in any yard or works, shall not be varied until the union has been notified.

(4) A worker shall not be compelled to work for more than six hours without a break for a meal.

7.—Shift Work. (1) Where two or more shifts in any one day

are worked, the hours of shift workers shall be such as are mutually agreed upon between the employer and the union. Failing agreement, the hours of shift workers shall be fixed by the Board of Reference.

(2) The penalty rates for shift work shall be 5 per cent, for afternoon shift and 10 per cent, for night shift.

(3) (a) Where any particular process if carried out on shifts other than day shift, and less than five consecutive afternoon or five consecutive night shifts are worked on that process, then workers employed on such afternoon or night shifts shall be paid at overtime rates.


8.—Overtime.

(1) Woi'k performed beyond eight hours on Mon- day to Friday inclusive or beyond forty hours in any week or except in the case of shift workers, before the prescribed starting time or after the prescribed finishing time, shall be deemed to be overtime.

Liberty is reserved to apply to amend the provisions of this subclause.

(2) In the case of shift workers all work performed outside the rostered hours of duty shall be deemed to be overtime.

(3) Overtime shall be paid for at the rate of time and a half for the first four hours and double time thereafter.

(4) (a) Work performed on Sunday and on the holidays prescribed by clause 15 hereof shall be paid for at the rate of double time.

(b) Provided that at the option of the employer, an equivalent period may be added to the worker's period of annual leave for all time worked on any of the holidays referred to in clause 15 hereof in lieu of payment as prescribed in subclause (a) hereof.

(5) (a) A worker required to work overtime for more than two hours without being notified on the previous day or earlier that he will be so required to work, shall be supplied with any meal required by the employer or paid sixty-five cents for a meal.


(6) Notwithstanding anything contained herein— (a) an employer may require any worker to

work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement;

(b) The union or any worker or workers covered by this award, shall not 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.

9.—Payment of Wages.

(1) All wages shall be paid on the job within twenty minutes of the close of the day's work at least once a fortnight.


68

(3) Where an obligation to pay a final amount contains a decimal figure of .5 of a cent or more, the amount to be paid shall be the next whole cent. Example: 5.5 cents becomes 6 cents. Where the amount to be paid contains a decimal figure of less than .5 of a cent, such decimal figure shall be disregarded. Example: 5.4 cents becomes 5 cents.



(1) Basic Wage (per week) 33.50 (2) Adult Males (margin over basic wage

per week): Ridge Section—

Hand presser, mixer, ridge maker and finisher and stripper .... 5.80

Tile Section— Stripper and stacker 4.40 Tile machine attendant 5.60 Pork lift driver 8.45 Colour operator 3.10 All other adult labour 2.35

(3) Junior Workers (per cent, of male basic wage per week): %

14 to 15 years of age 30 15 to 16 years of age 40 16 to 17 years of age 50 17 to 18 years of age 60 18 to 19 years of age 70 19 to 20 years of age 80 20 to 21 years of age 90

(4) Leading Hands: Any worker appointed as such and placed in charge of more than four other workers shall be paid $2.30 per week in addition to the rates prescribed herein.

11.—Mixed Functions. (1) A worker called upon to perform work carry-

ing a higher rate than his usual rate of pay shall be entitled to payment at such higher rate for the period that he is actually engaged upon such work.


12.—Contract of Service. One days notice shall (with the exception of

junior workers, in whose case one week's notice shall be required) be necessary to terminate the engagement of all workers. In the event of an employer or a worker failing to give the required notice, one day's wages shall be paid or forfeited, (with the exception of junior workers in whose case one week's wages shall be paid or forfeited.)

Provided that an employer may at any time dismiss a worker for refusal or neglect to obey orders, for misconduct or if after receiving the prescribed notice he does not carry out his duties in the same manner as he did prior to such notice.

13.—Breakdowns. The employer shall be entitled to deduct payment

for any day or portion of a day upon which the worker cannot be usefully employed because of any strike by the union or unions affiliated with it or by any other association or union or through the breakdown of the employer's machinery or any stoppage of work by any cause which the employer cannot reasonably prevent.

14.—Under-rate Workers. (1) Any worker who by reason of old age or

infirmity is unable to earn the minimum wage may be paid such lesser wage as may from time to time be agreed upon in writing between the union and the employer.


(3) After application has been made to the Board, and pending the Board's decision, the worker shall be entitled to work for and be employed at the proposed lesser rate.

15.—Holidays and Annual Leave. (1) (a) The following days, or the days observed

in lieu shall subject to clause 8 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 the subclause.

(b) Where Christmas Day or New Year's Day falls on a Saturday or a Sunday, such holiday shall be observed on the next succeeding Monday and where Boxing Day falls on a Sunday or a Monday such holiday shall be observed on the next succeeding Tuesday; in each such case the substituted day shall be deemed a holiday without deduction of pay in lieu of the day for which it is substituted.

(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 a worker need not present himself for duty and payment may be deducted, but if work be done ordinary rates of pay shall apply.

(3) Any worker absenting himself from work on the whole or any portion of the working day preceding or on the whole or any portion of the working day succeeding a holiday provided for herein shall not be entitled to payment for such holiday.

(4) Except as hereinafter provided, a period of three consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his employer after a period of twelve months' continuous service with that employer.


(6) If after one month's continuous service in any qualifying twelve-monthly period a worker leaves his employment or his employment is terminated by the employer through no fault of the worker, the worker shall be paid one-quarter of a week's pay at his ordinary rate of wage in respect of each completed month of continuous service.

(7) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by this award shall not count for the purpose of determining his right to annual leave.


(8) In the event of a worker being employed by an employer for portion only of a year, he shall only be entitled subject to subclause (6) of this clause, to such leave on full pay as is proportionate to his length of service during that period with such employer and if such leave is not equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers of such employer are on leave on full pay.



(11) Notwithstanding anything else herein contained, an employer who observes a Christmas closedown for the purpose of granting annual leave may require a worker to take his annual leave in not more than two periods but neither of such periods shall be less than one week.

16.—Absence Through Sickness. (1) A worker shall be entitled to payment for

non-attendance on the ground of personal ill- health at the rate of one-twelfth of a week's pay for each completed month of service: Provided that subject to subclause (7) hereof, payment for absence through such ill-health shall be limited to one week's pay in each calendar year.

(2) Payment hereunder may be adjusted at the end of each calendar year or at the time the worker leaves the service of the employer, in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred.


(4) A worker shall not be entitled to receive any wages from his employer for any time lost through any accident not arising out of or in the course of his employment or for any accident wherever sustained arising out of his own wilful default or for sickness arising out of his own wilful default.

(5) No worker shall be entitled to the benefits of this clause unless he produces proof satisfactory to his employer of sickness, but the employe]- shall not be entitled to a medical certificate unless the absence is for three days or more.

(6) Notwithstanding the provisions of subclause (5) hereof a worker who in any calendar year, has already been allowed paid sick leave on one occasion for one day only, or less, shall not be entitled to payment for any further absence unless he produces to the employer a medical certificate stating that he was unable to attend for duty on account of personal ill-health.

(7) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been allowed to any worker by his employer as paid sick leave may be claimed by the worker and, subject to the conditions hereinbefore prescribed, shall be allowed by his employer in any subsequent year without diminution of the sick leave prescribed in respect of that year. Provided that sick leave which accumulates pursuant to this subclause shall be available to the worker for a period of two years but not longer from the end of the year in which it accrues.

17.—Board of Reference. (1) The Commission hereby appoints, for the

purposes of this award, a Board of Reference con- sisting- of a chairman and two other members who shall be appointed pursuant to regulation 80 of the Industrial Arbitration Act (Western Aus- tralian Industrial Commission) Regulations 1964.

(2) The Board of Reference is hereby assigned the function of allowing, approving, fixing, determining or dealing with any matter of difference between the parties in relation to any matter which, under this award, may be allowed, approved, fixed, determined or dealt with by a Board of Reference.

18.—Junior Worker's Certificate. Junior workers upon being engaged shall furnish

the employer with a certificate containing the following particulars.

(i) Name in full. (ii) Age and date of birth.

No worker shall have any claim upon an employer for additional pay in the event of the age of the worker being wrongly stated either on the certificate or, if no such certificate is furnished, verbally to the employer. If any junior worker shall wilfully misstate his age either verbally to the employer or in the certificate, he alone shall be guilty of a breach of this award and in the event of a worker having received a higher rate than that to which he was entitled he shall make restitution to the employer.


to be kept and entered up, a record containing:— (a) the name of each worker to whom this

award applies; (b) the class of work performed by him; (c) the hours worked each day by him; (d) the wages (and overtime if any) paid to



20.—First Aid Outfit- Every factory shall be equipped with a first aid

outfit and such outfit shall be kept in a suitable and accessible place.

21.—Posting of Award. (1) Notices relating to meetings in connection



22.—Protective Clothing. (1) Gloves shall be supplied to workers handling

cement tiles, on a basis to be mutually agreed between the union and the employer.

(2) The employer shall supply oilskins to all workers whose work ordinarily makes it necessary for them to work out in the rain.




24.—Representative Interviewing Workers. (1) On notifying the employer or his repre-

sentative an accredited representative of the union shall be permitted to interview a worker during the recognised meal hour on the business premises of the employer at the place at which the meal is taken but this permission shall not be exercised without the consent of the employer more than once in any one week.

(2) In the case of a disagreement existing or anticipated concerning any of the provisions of this award, an accredited representative of the union, on notifying the employer or his representative, shall be permitted to enter the business premises of the employer to view the work the subject of any such disagreement but shall not interfere in any way with the carrying out of such work.

25.—Preference to Unionists. (1) In this clause—

"the union" means the Federated Brick, Tile and Pottery Industrial Union of Workers, Western Australian Branch.

"unionist" means a worker who is a member of the union.


(2) Sub jet to the provisions of this clause it is a condition of employment under this award that each non-unionist shall—

(a) unless he has already applied for membership of the union in the manner prescribed by the rules of the union, apply for such membership in the manner so prescribed within seven days of receiving, from an accredited representative of the union, a copy of those rules, a copy of this clause and an application form for membership;


(c) thereafter remain a unionist while so employed.


(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 61B of the In- dustrial Arbitration Act, 1912-1966;

(b) who, prior to the expiration of the seven days referred to in that subclause, has applied for such a certificate of exemption, unless and until that application is finally determined under that section; or

(c) for the unexpired portion of any period in respect of which he has, prior to commencing employment under this award, paid membership fees on his own behalf to another union.

(4) (a) Where the Secretary of the union has notified an employer that a non-unionist to whom the provisions of subclause (2) of this clause apply has failed or refused to comply with those provisions, that non-unionist shall not be retained in employment by that employer for more than twenty-four hours to the exclusion of any well- conducted unionist who is employed by, or who applies for employment, with that employer and who is adequately experienced and otherwise competent in the work performed by that non-unionist, and is of the sex to which that work is allotted by this award, or, where the award makes no such provision, by custom.

(b) Where paragraph (a) of this subclause operates so as to require the dismissal of a non- unionist by his employer the provisions of clause 12 of this award are hereby declared inoperative in respect of that dismissal but only if—


(ii) that the dismissal does not become effective before the unionist has so commenced.


(a) is adequately experienced in and competent to perform that work;




whichever is the later; (c) is able to commence work at the time re-

quired by the employer; and (d) is of the sex to which the work con-

cerned is allotted by this award or where the award makes no such provision, by custom.


(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 6 IB of the In- dustrial Arbitration Act, 1912-1966; or


In witness whereof this award has been signed by the said Commissioner this 10th day of Feb- rurary, 1967.

[L.S.] (Sgd) S. F. SCHNAARS, Commissioner.

Schedule "A." Monier Tile Co. (W.A.) Pty Limited, 33 Epsom

Avenue, Belmont. Standard Tile Co., 515 Hay Street, Subiaco. Quality Tile Manufacturers, Scarborough Beach

Road, Osborne Park. Concrete Industries (W.A.) Pty Ltd, Symers Street,

Albany. Geraldton Building Co. Pty Ltd, Ocean Street,

Gerald ton.


AWARDS—Amendment of— BAG, SACK AND TEXTILE WORKERS.

Award No. 3 of 1960. BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION. No. 192A of 1965.

Between Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union of Workers, Applicant, and Joyce Bros, and others. Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Wes- tern Australian Industrial Commission, in pusuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Bag, Sack and Textile Award, No. 3 of 1960, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. [L.S.] (Sgd) S. F. SCHNAARS,

Commissioner.

Schedule. Clause 25—Wages: Delete this clause and insert

in lieu thereof the following:— 25.—Wages.

(a) Basic Wage (per week): $ Males 33.50 Females 25.13

(b) Adult Males (margin per week): (1) Bag and sack repairing machinist 5.30 (2) Labourers in bag and sack re-

pairing sections 2.70 (3) Bag-making machinist 4.20 (4) Manufacture and/or repair of

sails and ship's gear (including nets, fenders and rigging) and other articles that require the hand sewing of ropes by use of palm and needle 8.75

(5) Manufacture and/or repair of canvas goods of all descriptions covered by this award including plastic substitutes for canvas .... 6.70

(6) All other adult males 1.65 (c) Junior Males (per cent, of male basic

wage per week): % 14 to 15 years of age 25 15 to 16 years of age 35 16 to 17 years of age 45 17 to 18 years of age 55 18 to 19 years of age 70 19 to 20 years of age 80 20 to 21 years of age 95

(d) Adult Females (margin over female basic wage per week): $ (1) Bag-making machinist and/or re-

pairer 3.15 (2) Canvas machinist and/or cutter 3.15 (3) All other females 1.55

(e) Junior Females (per cent, of female basic wage per week): %

15 to 16 years of age 35 16 to 17 years of age 45 17 to 18 years of age 55 18 to 19 years of age 70 19 to 20 years of age 80 20 to 21 years of age 95

(f) Leading Hands: Any worker placed by the employer in charge of three or more other workers shall be paid the following rates in addition to their ordinary rates of wages (per week):

$ Adult males 2.30 Adult females 1.10

BARMAIDS AND BARMEN. (Metropolitan.)



Between the Western Australian Barmaids and Barmen's Union of Workers, Perth, Applicant, and O'Brien's Court Hotel Pty Ltd, and others. Respondents.

HAVING heard Mr W. J. O'Sullivan on behalf of the applicant and Mr G. J. Martin on behalf of the respondents, and by consent, I, the undersigned. Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Barmaids and Barmen's (Metro- politan) Award, No. 47 of 1949, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. (Sgd) S. F. SCHNAARS,

CL.S.l Commissioner.

Schedule. Clause 6—Wages: Delete placita (1) and (2)

and insert in lieu thereof:— (1) Basic Wage (per week) $

Male 33.50 Female 25.13

(2) Margins (per week): Barmaids 16.77 Barmen 8.40

BARMAIDS AND BARMEN. (Rest of State.)

Award No. 5A of 1956. BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION No. 114 of 1967.

Between the Western Australian Barmaids and Barmen's Union of Workers, Perth, Applicant, and Esperance Hotel, and others. Respondents.

HAVING heard Mr W. J. O'Sullivan on behalf of the applicant and Mr G. J. Martin on behalf of the respondents, and by consent, I, the undersigned,


Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Barmaids and Barmen's (Rest of State) Award, No. 5A of 1956, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


[L.S.] Commissioner.


and insert in lieu thereof:— (1) Basic Wage (per week): $



BARMAIDS AND BARMEN. (South-West Land Division.)


INDUSTRIAL COMMISSION. No. 113 Of 1967.

Between the Western Australian Barmaids and Barmen's Union of Workers, Perth, Applicant, and R. Chaplin (Geraldton), P. Barnard (Bus- selton), and others. Respondents.

HAVING heard Mr W. J. O'Sullivan on behalf of the applicant and Mr G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Barmaids and Barmen's (South- West Land Division) Award, No. 49 of 1951, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


[L.S.l Commissioner.


and insert in lieu thereof:— (1) Basic Wage (per week) $



BERTHING MASTERS' ASSISTANTS. (Fremantle Port Authority))



Between Merchant Service Guild of Australia, West- ern Australian Section, Union of Workers, Applicant, and Fremantle Port Authority, Re- spondent.

HAVING heard Mr B. Foley on behalf of the applicant and Mr J. Collins on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare-

That the Berthing Masters Assistants' Award, No. 16 of 1956, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. Clause 5—Rate of Pay: Delete this clause and

insert in lieu thereof:— 5.—Rate of Pay.

$ Basic Wage (per week) 33.50 Margin (per week) 22.65

BISCUIT AND CAKE MANUFACTURING. Award No. 31 of 1962.


No. 103 Of 1967. Between the Food Preservers' Union of Western

Australia, Union of Workers, Applicant, and Mills & Ware Biscuit Pty. Ltd. and others. Respondents.

HAVING heard Mr W. J. Gough on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Biscuits and Cake Manufacturing Award, No. 31 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. [L.S.l

(Sgd) S. F. SCHNAARS, Commissioner.


Schedule. Delete Clause 7—Wages, and insert in lieu there-

of:— 7.—Wages.

The following shall be the minimum rates of wages payable to workers covered by this award:—

(1) Basic Wage (per week) $ Adult males 33.50 Adult females 25.13

(2) Margins: (a) Adult Males (margin over male

basic wage per week) — Biscuit and cake mixed 7.20 Ovensman 6.35 Assistant ovensman 4.90 Brakesman 6.15 Icing sugar grinder 6.15 Biscuit machine attendant .... 6.15 General factory hand 4.30 All others 2.35

(b) Adult Females (margin over female basic wage per week):

Ovenswomen 3.95 All others 2.30

(c) Juniors (per cent, for males or females of appropriate male or female basic wage per week)— %


(3) Casual Workers: All casual workers, as defined shall be paid at the rate prescribed for their classification plus fifteen per cent.

(4) Leading Hands: Males (per week extra)— $

A leading hand in charge of— (a) Less than three other workers 1.05 (b) Not less than three and not

more than ten other workers 2.10 (c) More than ten but less than

twenty other workers 4,05 (d) More than twenty other workers 6.05

Females (per week extra)— A leading hand in charge of—

(a) Less than three other workers 0.50 (b) Not less than three and not

more than ten other workers .... 1.00 (c) More than ten but not more

than twenty other workers 2.10 (d) More than twenty other work-

ers 3.20

BOARDING AND/OR LODGING HOUSES AND SERVICE FLATS.



Between the Hotel, Club, Caterers, Tea Room and Restaurant Employees' Industrial Union of Workers, Perth. Applicant, and Miss Rene Ken- nedy, and others Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of

the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Boarding and/or Lodging Houses and Service Flats' Award, No. 16 of 1931, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. [L.S.j

(Sgd) S. F. SCHNAARS. Commissioner.

Schedule. Clause 7—Wages: Delete subclauses (a), (b) and

(c) of this clause and insert in lieu thereof: (a) Basic Wage (per week) $

Males 33.50 Females 25.13

(b) Adult Male Workers (margin per week over basic wage): Cook 7.45 Yardman and all other adult males 3.00

(c) Adult Female Workers (margin per week over basic wage):

In establishments where three cooks are employed—

First cook 10.10 Second cook 7.30 Third cook 6.10

In establishments where two cooks are employed—

First cook 8.45 Second cook 6.60

Where only one cook is employed .... 7.45 Head waitress 3.95 All other adult females 3.65

BOOTMAKERS. (Bespoke.)



Between the Boot Trade of Western Australia Union of Workers, Perth, Applicant and Central Boot and Shoe Specialists, and others, Re- spondents.

HAVING heard Mr A. G. Barker on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by consent I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Bootmakers (Bespoke) Award, No. 4 of 1946, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. IL.S.i

(Sgd) S. F. SCHNAARS, Commissioner.

(21—33512

74 GAZETTE. [22 March, 1967.

Schedule. Clause 6—Wages: Delete subclauses (a) and

(b) of this clause and insert in lieu thereof:— 6.—Wages.

The minimum rates of wages payable to workers covered by this award shall be as follows:—

$ (a) Basic Wage 33.50 (b) Margins over basic wage per week:

(i) Surgical Bootmakers 12.30 (ii) Bespoke Bootmaker 9.25 (iii) Boot Repairer 8.40 (iv) Notwithstanding anything else

contained in this clause, any adult worker "other than as an apprentice", entering the service of an employer with less than two years' experience in this industry shall only be entitled to receive the following margins in addition to the basic wage:—

During first twelve months' experience 3.30

During second twelve months' experience 5.80 Thereafter the rate prescribed

for a boot repairer. Provided that when a worker has

been employed and paid under the provisions of this subclause and his services are terminated, he shall be supplied by the employer with a certificate of service, showing the length of his experience in the industry with such employer.

For the purpose of this clause, "experience" shall mean the whole of a workers length of service with any employer or employers in this industry.

No worker shall be entitled to make any claim upon an employer for additional wages in the event of him not having produced proof satisfactory to the employer of his previous experience in the industry within fourteen days of his entering the service of the employer.

Liberty is reserved to the Union to apply for a variation of the provisions of this subclause.

BRICKYARD EMPLOYEES. (Sand Lime Bricks.)



Between The Federated Brick, Tile and Pottery Industrial Union of Australia (Union of Workers) Western Australian Branch, Appli- cant, and Calsil Limited and Brick Manufac- turers Pty Ltd, Respondents.

HAVING heard Mr F. W. French on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondents, and by consent, I the undersigned, Chief Industrial Commissioner of The Wes- tern Australian Industrial Commission, in pursuance of the powers contained in section 92 of

the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare:—

That the Sand Lime Brick Award, No. 2 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. [L.S.l (Sgd) S. F. SCHNAARS,

Commissioner.


in lieu thereof the following:—

1.2.—Wages. The minimum rates of wages payable to workers


(1) Basic Wage (per week): 33.50 (2) Adult Males (margin over basic wage

per week): Mixer 6.90 Crane driver 6.90 Scoop operator 6.90 Press hands 6.90 Lime preparing hand 6.90 Yard hand 3.00

(3) Junior Workers (per cent, of male male basic wage): %


(4) Proportion of Juniors: One junior to four adult workers.

BRUSBMAKERS. Award No. 30 of 1959.


No. 129A of 1965. Between Federated Miscellaneous Workers' Union of

Australia, West Australian Branch, Union of Workers, Applicant, and Swan Brushware Lim- ited, Respondent.

HAVING heard Mr W. Latter on behalf of the applicant and Mr J. Ince on behalf of the respondent, and by consent, I, the undersigned, Chief In- dustrial Commisisoner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitra- tion Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Brushmakers' Award No. 30 of 1959, as amended, be and the same is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 27th day of January, 1967. (Sgd) S. F. SCHNAARS,


75

Schedule. 1. Clause 8—Wages: Delete this clause and in-

sert in lieu thereof the following:—

8.—Wages. (a) Basic Wage (per week): $

Whole of State— Adult males 33.50 Adult females 25.13

(b) Adult Males (margin over male basic wage per week):

Hair pan hands 6.60 Bass pan hands 6.60 Bottle brush makers 6.60 Finishers ... 6.60 Millet broom makers 6.60 Millet broom sewers 6.60 Wood-working machinists 6.60 Ducoers and lacquerers 6.60 Sorter 6.60 Timber stackers and/or all others 1.60

(ii) Wood-working Machinists whose work includes both making cutters and setting machines 7.80

(c) Adult females (margin per week) .... 1.80

(d) Junior Workers—Male (per cent, of male basic wage per week): %


(e) Junior Workers—Female (per cent, of female basic wage per week):

Under 16 years of age 35 16 to 17 years of age 45 17 to 18 years of age 55 18 to 19 years of age 70 19 to 20 years of age 80 20 to 21 years of age 95

2. Clause 9—Leading Hands: Delete this clause and insert in lieu thereof the following:—

9.—Leading Hands. Any worker appointed by the employer as a

leading hand shall be paid in addition to the prescribed rates as under:—

$ (a) When placed in charge of not less than two nor more than four other workers (per week):


(b) When placed in charge of five or more other workers (per week):


CLEANERS AND CARETAKERS. Award No. 17 of 1948.


No. 61 of 1967. Between the West Australian Cleaners, Caretakers,

Lift Attendants, Window Cleaners, Attendants and Watchmen's Industrial Union of Workers (Perth), Applicant, and William Adams & Company Limited, and others. Respondents.

HAVING heard Mr W. J. Fitzgerald on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Cleaners and Caretakers Award, No. 17 of 1948, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. [L.S.] (Sgd.) S. F. SCHNAARS,

lommissioner.

Schedule 1. Section "A"—Clause 27—Wages: Delete sub-

clause (a) (b) and (c) of this clause and insert in lieu thereof:—

(a) Basic Wage (per week): $ Males 33.50 Females .... 25.13

(b) Adult Males (Margin per week): Watchman (oil stores) 8.00 Watchman (others) 7.45 Watchman-cleaners 6.55 Cleaners 4.40 Lift attendants 3.15

Attendants 2.35 (c) Adult Females (margin per week):

Attendants 1.65 Cleaners—

Weekly Hand 3.10 Weekly Hand (if called upon to

clean lavatories open to general public) 3.50

Full-time hand (-5- 40) 6.60 Part-time hand (-*- 40) 5.25 Casual hand (-^40) 5.25

2. Section "B"—Clause 31—Wages: Delete subclauses (a) (b) and (c) of this clause and insert in lieu thereof:—


(b) Adult Males (Margin per week): Caretakers 10.00 Cleaners 4.40 Watchman 7.45 Lift attendants 3.15 Attendants 2.35

76

(c) Adult Females (Margin per week): $ Attendants ... 1.65 Cleaners—

Weekly hand 3.10 Weekly hand (if called upon to

clean lavatories open to general public) 3.50

Full-time hand (h- 40) 6.60 Part-time hand (-^ 40) 5.25 Casual hand (-+- 40) 5.25

3. Section "C"—Clause 36—Wages: Delete subclauses (a) (b) (c) and (f) of this clause and insert in lieu thereof:—


(b) Adult Males (Margin per week): Cleaners 4.40 Lift attendants 3.15 Attendants 2.35

(c) Adult Females (Margin per week): Attendants 1.85 Cleaners—

Weekly hand 3.10 Full-time hand ( +- 40) 6.60 Part-time hand (-^ 40) 5.25 Casual hand (-:- 40) 5.25

(f) Female Lavatory Attendants (Margin per week): (i) Full-time (forty hours per week

or eighty hours per fortnight .... 4.80 (ii) Part-time (where more than

eight hours and less than forty hours are worked in any one week) (-«- 40) 6.55

(iii) Part-time (where eight hours or less are worked in any one week) ( : 40) 6.55

4. Section "D"—Clause 40—Wages: Delete subclauses (a) and (b) of this clause and insert in lieu thereof:—

(a) Basic Wage (per week): $ Males 33.50

(b) Adult Males (Margin per week): .... 5.35

5. Section "E"—Clause 45—Wages: Delete subclause (a) (b) and (c) of this clause and insert in lieu thereof:—


(b) Adult Males (margin per week): Caretaker 10.00 Cleaners 4.40

(c) Adult Females (margin per week): Cleaners—

Weekly hand 3.10 Full-time hand (-*- 40) 6.60 Part-time hand (-^ 40) 5.25 Casual hand (-*- 40) 5.25

CLEANERS AND CARETAKERS. (Government.)



Between the West Australian Cleaners, Caretakers, Lift Attendants, Window Cleaners, Attendants and Watchmen's Industrial Union of Workers (Perth), Applicant, and Hon. the Premier of Western Australia, and others, Respondents.

HAVING heard Mr W. J. Fitzgerald on behalf of the applicant and Mr G. D. Johnson on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commisisoner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Cleaners and Caretaker's (Govern- ment), Award No. 5 of 1966, be and the same is hereby amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. (Sgd) S. F. SCHNAARS,


Schedule. Clause 30—Wages: Delete this clause and In-

sert in lieu thereof:—■ 30.—-Wages.

$ $ Basic Wage:


Male. Female. Employees of The University of W.A.

(margin per week): (1) Cleaners on a weekly engage-

ment working forty hours per week (inclusive of lavatory and window cleaning allowance) .... .... .... ... 4.40 3.80

(2) Window cleaners 4.90 (3) Latavory attendants and

cloakroom cleaners (forty hours per week) 4.40 3.80

(4) Watchmen or watch women head man or woman 6.60 4.80 Others 3.50 3.10

Provided if required to act also as lavatory attendants and cloak room cleaners, an allowance of fifty five cents per week in the case of males and one dollar ten cents in the case of females shall be paid.

(5) Foreman or forewoman in charge including buying and store work 3.90 3.70

(6) Caretakers 5.95 (7) Lift Attendants 3.15


Other Employees (margin per week): (1) Cleaners—

(a) Males— (i) Going to work once a

day (ii) Going to work twice a

day (iii) Employed exclusively in

lavatories (ta) Females—

(i) On a weekly engagement of twenty five hours going to work once a day shall be paid 84% of the female basic wage.

(ii) On a weekly engagement of twenty five hours going to work twice a day shall be paid 881% of the female basic wage.

(iii) On a weekly engagement of more than twenty five hours but less than forty hours per week going to work twice a day shall be paid an hourly rate calculated proportionately on that provided in (ii) hereof.

(iv) On a weekly engagement of less than twenty five hours per week shall be paid five cents per hour in addition to the rate (calculated hourly) provided in (ii) hereof, with a minimum of two hours within the Metropoli- tan Area.

(2) Maids employed at the Domestic Science Centres on a weekly engagement of forty hours

(3) Senior Domestic Science Maid, Perth Technical Col- lege

(4) Foreman Cleaners, Chief Sec- retary's Department

(5) Forewoman, Chief Secretary's Department

(6) Assistant Forewoman, Chief Secretary's Department

(7) Caretakers (8) Lift attendants (9) Window cleaners

(10) Court ushers— 1st year Thereafter

(11) Attendants (12) Watchmen (13) A Casual worker shall re-

ceive 15% of the ordinary rate in addition to ordinary rate for his or her class of work.

(14) Male cleaners or caretakers placed in charge of other cleaners shall be paid the following weekly allowance—

In charge of: 1 to 5 cleaners 6 to 10 cleaners

11 to 15 cleaners 16 to 20 cleaner's Over 20 cleaners ten cents

each additional cleaner.

CLEANERS AND CARETAKERS. (National Parks Board and Zoological Gardens

Board.) Award No. 6 of 1966.


No. 64 of 1967. Between The West Australian Cleaners, Care-

takers, Lift Attendants, Window Cleaners, At- tendants and Watchmen's Industrial Union of Workers (Perth), Applicant, and The National Parks Board of W.A. and Acclimatisation Com- mittee (Zoological Gardens), Respondents.

HAVING heard Mr W. J. Fitzgerald on behalf of the applicant and Mr G. D. Johnson on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of the West- ern Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Indus- trial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the cleaners, Caretakers and Lift At- tendants (National Parks Board and Zoolo- gical Gardens), Award No. 6 of 1966, be and the same is hereby amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. I L.S.I (Sgd) S. F. SCHNAARS,

Commissioner.


in lieu thereof:— 10.—Wages.

5.95 (1) Basic Wage (per week) ... 33.50 (2) Adult Males (margin per week):

3.15 Head Keeper ... 8.90 4.90 Keeper

Gardener-in-charge, Zoological ... 6.10

8.70 Gardens ... 6.70 10.00 Gardener, Zoological Gardens ... 4.30 2.30 Senior Gardener (as defined) ... 6.10 3.50 Gardener (as defined) ... 4.80

Maintenance man, Zoological Gardens

Maintenance man (other) .... Ground attendant

... 7.50

... 6.60

... 6.10


$ Mechanical assistant, mowing ser-

vices 10.35 Power mower operator 4.90 Power mower operator in charge of

motor vehicle—■ Grade 1 8.60 Grade 2 10.10

Tractor mower operator 11.30 Caretaker, Crawley (plus quarters)

inclusive of allowances for extra duties 9.90

Ranger (this item to be excluded from all other provisions of this award except annual leave, long service leave and sick leave) .... 10.60

Assistant ranger 6.60 Leading hand, mowing services ... 11.40 Leading maintenance man, Zoologi-

cal Gardens 9.55 Leading maintenance man, Yanchep 8.95 Leading Groundsman, Yanchep .... 8.95 Leading maintenance man, John

Forrest National Park 7.80 All others 3.60

(3) Female Attendant (Ladies' retiring room), employed on Sundays and public holidays- seventy-five cents per hour. (This rate to include casual loading prescribed in subclause (4) hereof and loading for work performed on Sundays.)

(4) Casual workers, except as prescribed in subclause (3) hereof, shall be paid fifteen per cent, in addition to the rates otherwise payable under this award.

Schedule. Clause 13—Wages: Delete subclauses (a) and

(b) of this clause and insert in lieu thereof:— (a) Basic Wage (per week): $


(b) Classification and margin per week over basic wage:

Male. Female. $ $

(1) Cooks—In establishments where three cooks are employed—■

First cook Second cook Third cook

10.10 7.30 6.10

10.10 7.30 6.10

(2) Where more than three cooks are employed the minimum shall be 6.10 6.10

(3) Where two cooks are employed—

First cook Second cook

8.45 6.60

8.45 6.60

(4) Where only one cook is employed 7.45 7.45

(5) Waiter 3.75 — (6) Kitchenman 3.00 —. (7) Pantryman 3.00 — (8) Night Porter 4.10 — (9) Hall Porter 3.75 —

(10) Steward 3.75 — (11) Yardman 3.00 — (12) Other male workers 3.00 — (13) Waitress — 3.65 (14) All other female workers — 3.65 (15) Barman 8.40 — (16) Barmaid — 16.77

CLUB EMPLOYEES. Award No. 4 of 1959.


No. 8 of 1967. Between the Hotel, Club, Caterers, Tea Room and

Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and the Commercial Travellers' Club, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Club Employees' Award, No. 4 of 1959, as amended, be and the same Is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

CONFECTIONERY MANUFACTURING. Award No. 32 of 1962.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION

No. 105 of 1967. Between the Food Preservers' Union of Western

Australia, Union of Workers, Applicant, and Plaistowe & Co. Ltd., and others, Respondents.

HAVING heard Mr W. J. Gough on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondents, and by consent, I, the undersigned. Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Indus- trial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Confectionery Manufacturing Award, No. 32 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. [L.S.] (Sgd) S. F. SCHNAARS,

Commissioner.

Dated at Perth this 3rd day of February, 1967.

(Sgd) S. F. SCHNAARS, tL.S.l Commissioner.

79

Schedule. Delete Clause 7—Wages, and insert in lieu

thereof:— 7.—Wages


(1) Basic Wage (per week): $ Adult males 33.50 Adult females 25.13

(2) Margins: (a) Adult Males (margin over male

basic wage per week) : Confectioner 8.40 Confectioner machinist .... 4.90 General Confectionery hands .... 3.40 All others 1.80

(b) Adult Females (margin over female basic wage per week):

Machine attendants 2.95 Moulders 2.95 All others 2.30

(c) Juniors (per cent, for males or females of appropriate male or female basic wage per week): %

14 to 15 years of age 35 15 to 16 years of age 45 16 to 17 years of age 55 17 to 18 years of age 65 18 to 19 years of age 75 19 to 20 years of age 85 20 to 21 years of age .... 95

(3) Casual Workers: All casual workers, as defined, shall be paid at the rate prescribed for their classification plus fifteen per cent.

(4) Leading Hands: Males per week extra:

A leading hand in charge of— $ (a) less than three other workers 1.05 (b) not less than three and not

more than ten other workers 2.10 (c) more than ten but less than

twenty other workers 4.05 (d) more than twenty other workers 6.05

Females per week extra— A leading hand in charge of—

(a) less than three other workers .... 0.50 (b) not less than three and not

more than ten other workers 1.00 (c) More than ten but not more

than twenty other workers .... 2.10 (d) More than twenty other workers 3.20

DAIRY FACTORY WORKERS. Award No. 15 of 1964.


No. 447 of 1966. Between Federated Miscellaneous Workers' Union

of Australia, West Australian Branch, Union of Workers, Applicant, and Sunny West Co- operative Dairies Ltd, and others, Respondents.

The 27th day of January, 1967. Before Chief Industrial Commissioner, S. F.

Schnaars, Esq. Mr W. Latter on behalf of the applicant union. Mr G. J. Martin on behalf of the respondents.

Judgment. THE COMMISSIONER: This is an application to amend Award No. 15 of 1964. It is an application based on a recent formula of the Commonwealth Industrial Commission which received approval of this Commission on Friday last.

In that particular decision I indicated that the formula should be given general application excepting where special circumstances may justify a different approach. It has been suggested this morning that a special circumstance associated with this matter is that the employers, parties to the award, have no control over price movements in this industry and in that respect are subject to other legislation. I feel, however, that our responsibility is to prescribe wages which are regarded as proper and just at any particular time and that we should not be influenced by circumstances such as that referred to this morning.

I would therefore grant the application and the order to amend the award will now be issued in the form of minutes in accordance with the schedule submitted.

Order Accordingly.


No. 447 of 1966.

Between Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union of Workers, Applicant, and Sunny West Co- operative Dairies Ltd, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr G. J. Martin on behalf of the respondents, I, the undersigned, Chief Industrial Commisisoner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1.912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Dairy Factory Workers' Award, No. 15 of 1964, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 27th day of January, 1967.


Schedule. Clause 8—Leading Hands: Delete this clause

and insert in lieu thereof:—

8.—Leading Hands. Any male worker appointed in writing by his

employer as a leading hand in charge of three or more other workers shall be paid one dollar ninety cents per week in addition to the rates prescribed herein.


Clause 29.—Wages: Delete this clause and insert in lieu thereof:—

29.—Wages. (1) Basic Wage (per week): $

Males .... 33.50 Females 25.13

(2) Adult Males (margin per week): Butter Factories Section.

<1) Tester grader and butter-maker multiple certificate position .... 10.90

(2) Butter-maker with certificate .... 9.65 (3) Grader of cream for butter-

making with certificate 9.90 (4) Tester of cream for butter-making

with certificate 8.75 (5) Assistant butter-maker 5.35 (6) Butter cutter in charge of

machine 5.35 (7) Vacreator operator and neutral-

iser 6.40 (8) Weighing machine operator and/

or sampler 4.90 (9) Dried milk operator 4.60

(10) Factory hand 3.70

Cheese Factories Section. (11) Cheese maker with certificate .... 9.65 (12) Assistant cheese maker 5.35 (13) Cheese-room hand 6.05 (14) Factory hand 3.70

Milk Condenseries Section. (15) Milk and cream tester 8.75 (16) Milk tipper and grader 4.00 (17) Vacuum pan operator 7.65 (18) Weighing Machine (milk receiv-

ing) 4.90 (19) Tubular heater and/or ejector .... 4.00 (20) Sugar boiler 4.00 (21) Can washer 4.00 (22) Separator 4.00 (23) Packing machine 4.00 (24) Nailing machine 4.00 (25) Factory hand 3.70

Milk Treatment Plant. (26) Tester and grader 7.75 (27) Pasteuriser 4.90 (28) Man in charge of bottling mach-

ine 4.40 (29) Milk tipper and weigher 4.00 (30) Tetrapak operator 4.15 (31) Factory hand 3.70

Casein Manufacturing Section. (32) Casein maker 8.75 (33) Factory hand 3.70

(3) Adult Females (all sections) 1.80 (4) Junior Workers (male) (per cent, of

male basic wage): % Under 16 years of age 35 16 to 17 years of age 45 17 to 18 years of age 55 18 to 19 years of age 70 19 to 20 years of age 85 20 to 21 years of age 100

(5) Junior Workers (female) (per cent, of female basic wage):


DRUM RECLAIMING. Award No. 21 of 1961.


No. 130A of 1965. Between Federated Miscellaneous Workers' Union

of Australia, West Australian Branch, Union of Workers, applicant, and Melbourne Cask and Drum Company and another, Respond- ents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr J. Ince on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Austra- lian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Drum Reclaiming Award, No. 21 of 1961, as amended, be and the same is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 27th day of January, 1967. [L.S.l (Sgd.) S. F. SCHNAARS,

Commissioner.

Schedule. 1. Clause 23—Leading Hands: Delete this

clause and insert in lieu thereof the following:—

23.—Leading Hands. Any male worker placed by the employer in

charge of three or more other workers shall be paid two dollars thirty cents ($2.30) per week in addition to the rates prescribed in the Wages Clause.

2. Clause 25—Rates of Pay: Delete this clause and insert in lieu thereof the following:—

25.—Rates of Pay. The minimum rates of wages payable to workers


(1) Basic Wage (per week): (a) Adult males 33.50 (b) Adult females 25.13

(2) Adult Males (margin over basic wage per week): (a) Painting and incidental duties—

(i) In booth 6.60 (ii) Others 5.85

(b) Chiming, shaping, internal lac- quering, rumbling, cleaning classifying and drum inspecting . .. 5.20

(c) Yard hands 3.10

(3) Adult Females (margin over female basic wage per week): (a) Deducting, stencilling with a

spray gun, spray painting .... 4.30

81

$ (b) Where the duties involve lifting

the large drums, or performing any duties which come within the classifications prescribed in subclause (2) hereof, and such duties are other than, or in addition to, the work specified in the preceding paragraph (a) of this subclause, the worker shall be paid the relevant margin prescribed for males in paragraphs (a) or (b) of subclause (2).

(c) Notwithstanding the foregoing, where the duties include work in the rumbling section the total rate payable to males under subclauses (1) and (2) (b) hereof shall be paid.

(4) Junior Males (per cent, of male basic wage per week):

% 14 to 15 years of age 25 15 to 16 years of age 35 16 to 17 years of age 45 17 to 18 years of age 55 18 to 19 years of age .... 70 19 to 20 years of age 80 20 to 21 years of age 100

DREDGE MASTERS, MATES AND ENGINEERS. (Government.)

Award No. 34 of 1960.


No. 89 of 1967. Between Merchant Service Guild of Australia,

Western Australian Section, Union of Workers, Applicant, and The Minister for Works, Re- spondent.

HAVING heard Mr B. Foley on behalf of the applicant and Mr G. D. Johnson on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Indus- trial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Government Dredge Masters, Mates and Engineers Award, No. 34 of 1960, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. IL.S.l (Sgd) S. F. SCHNAARS,

Commissioner.

Schedule. Clause 6—Rates of Pay: Delete subclauses (a)

and (b) and insert in lieu thereof:—

6.—Rates of Pay. $

(a) Basic Wage (per week) 33.50 (b) Margins (per week):

Dredges— 'Fremantle"—

Master 24.80 Chief Engineer 24.80

"Stirling"— Master 24.80 Mate 17.40 Chief Engineer 24.80 Second Engineer 17.40

Launches— "Avon"—Master 12.95 "Fitzroy"—Master 12.95 "Warren"—Master 12.95 "Shannon"—Master 12.95 "Myrtle"—Master 12.95 "Yanchep"—Master 9.90

EGG PROCESSING. Award No. 19 of 1964.


No. 110 of 1967. Between Western Australian Egg Marketing Board

Employees' Union of Workers, Applicant, and Western Australian Egg Marketing Board, Respondent.

HAVING heard Mr W. Kildca on behalf of the applicant and Mr L. Pilgrim on behalf of the respondent, and by consent, I, the undersigned, Chief In- dustrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitra- tion Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Egg Processing Award, No. 19 of 1964, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


[L.S.3 Commissioner.

Schedule. Clause 7—Wages: Delete subclauses (1), (2), (3)

and (6) (a) and insert in lieu thereof the following:—

(1) Basic Wage (per week): $ Males 33.50 Females 25.13

(2) Adult Males (margin over male basic wage per week):

Freezer hand (i.e. a worker who is required to work in a temperature between 32 degrees and 4 degrees fahrenheit) 10.20

Storeman 6.70 Floor hand 5.60 Nailers and others 3.90


(3) Adult Females (margin over female basic wage per week):

Candlers and oilers when proficient 3.20 Packers and others 2.20

(6) (a) Sectional Supervisors (Males) (margin over male basic wage per week):

Fremantle 7.10 Cases, receivals and despatch .... 5.60 Others 3.30

ENGINE-DRIVERS (Locomotive) (Government.)


INDUSTRIAL COMMISSION.

No. 71 of 1967. Between West Australian Locomotive Engine

Drivers, Firemens and Cleaners' Union of Workers, Applicant, and Western Australian Government Railways Commission, Respond- ent.

HAVING heard Mr H. Kingston on behalf of the applicant and Mr J. Lund on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Indus- trial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare-

That the Government Railways Locomotive Enginemen's Award, No. 10 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 27th day of January, 1967. [L.S.l (Sgd) S. F. SCHNAARS,

Commissioner.

Schedule. Clause 10—Rates of Pay: Delete and insert in

lieu thereof:— 10.—Rates of Pay.

$ Basic Wage 33.50

(1) Trainee Enginemen (per cent, of basic wage): %

Under 18 years of age 70 18 years and under 19 80 19 years and under 20 90

$ 20 years and under 21 (margin per

week over basic wage) 1.00 Provided also that any trainee

engineman whose rate of wage is computed as aforesaid and who has qualified to act as fireman shall be paid an additional amount of thirty cents per week.

21 years and over 2.90 Trainee enginemen qualified to act

as firemen 3.30

(a) First year Second year Third year Fourth year and thereafter

(b) (i) A fireman classified as fourth year and thereafter and until the Departmental examination has been passed, who for the most part of a shift works a steam train shall be paid at a marginal rate of nine dollars and ninety cents per week for such shift,

(ii) Firemen with five years' service after appointment as firemen shall receive a margin of ten dollars and forty cents per week; provided that they have not failed to pass the Departmental examination.

(c) Firemen employed with a shed driver at East Perth depot shall be paid five cents per day extra whilst so employed.

(d) Firemen (so classified) who in any week for the most part of their rostered week's work, work a passenger train or freight train tabled at a passenger speed (drawn by a steam or diesel locomotive) sixty-five miles or more in one direction

(e) Notwithstanding the provision of this subclause (2), firemen who, at their own request, or for health or disciplinary reasons are regressed to the grade of shunting firemen and are employed full time on shunting duties, shall be paid as follows:—

First year Second year ... Third year and thereafter ....

(3) Engine Drivers (including diesel rail car drivers and diesel locomotive drivers)— (a) First year

Second year Third year Fourth year Fifth year Sixth year and thereafter

Provided that engine drivers who, at their own request, or for health or disciplinary reasons, are regressed to the grade of shunting driver, and are employed full time on shunting duties, shall be paid as follows:—

First year .Second year and thereafter ....

(b) Driver (so classified) who in any week for the most part of his rostered week's work drives a passenger train or freight train tabled at passenger speed (drawn by steam or diesel locomotive) sixty-five miles or more in one direction


$ (c) (i) A driver, whilst acting as a

driver in charge of an out- depot where six or more workers are stationed shall be paid the highest ordinary margin prescribed for engine drivers and, in addition shall be paid a further five dollars and seventy cents per week.

(ii) A driver, whilst acting as a driver in charge of an out- depot where less than six workers are stationed shall be paid the highest ordinary margin prescribed for engine drivers and, in addition be paid a further four dollars and sixty-five cents per week.

(iii) Provided that, on relinquish- ing the duties of a driver in charge, a driver shall revert to the wage margin he would have received had he not acted as driver in charge.

(d) No driver shall be entitled to promotion from one class to another unless he satisfactorily passes any examination or test required by the head of the branch

(e) A driver whilst acting as sub- foreman shall be paid in accordance with the current award of the Railways Classification Board; provided that he shall not be paid a lesser rate than prescribed in this award for a driver in charge.

(f) Enginemen employed on shunting engines handling sulphur in transit from ship's side to the chemical works shall be paid ten cents per day extra whilst so employed, and shall also be supplied with goggles.

(4) Washoutmen, Packers and Trim- mers—

During the first year 7.45 Thereafter 9.00

(5) Special Service Loading:

All adult employees working under this award shall be paid in addition to the rates prescribed a special service loading of—

(a) when in receipt of a margin not exceeding six dollars and thirty cents per week—fifty cents per week;

(b) when in receipt of a margin exceeding six dollars and thirty cents — seventy-five cents per week.

ENGINEERING. (Government.)



No. 25 of 1967. Between Coastal District Committee Amalgamated

Engineering Union Association of Workers; State Executive, Australasian Society of En- gineers' Industrial Association of Workers, and Electrical Trades Union of Workers of Aus- tralia (Western Australian Branch), Perth, Applicants, and Minister for Works and others, Respondents.

HAVING heard Mr J. H. Mutton on behalf of Coastal District Committee Amalgamated Engineer- ing Union Association of Workers, Mr M. Jahn on behalf of State Executive, Australasian Society of Engineers' Industrial Association of Workers, and Mr R. Fletcher on behalf of Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth, applicants, and Mr L. E. Boylan on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Engineering Trades (Government) Award, No. 29 of 1957, as amended, be and the same is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


(Sgd) S. F. SCHNAARS. [L.S.J Commissioner.

Schedule. 1. First Schedule—Wages: Delete paragraphs

(a) and (b) and insert in lieu thereof:— $

(a) Basic Wage (per week) 33.50 (b) Margin over basic wage (per week):

(1) Patternmaker 20.25 (2) Toolmaker 18.50 (3) Blacksmith—

(i) In workshops 16.00 (ii) On or about construction

work doing field work .... 15.50 (4) Instrument maker and repairer .... 18.50 (5) Welders—

(i) Special class 17.00 (ii) First class 15.50 (iii) Second class 6.10 (iv) Third class .... 5.15 (v) Fourth class 4.40

(6) Fitter (including meter fitter and tractor fitter) 15.50

(7) Automotive electrical fitter .... 15.50 (8) Turner 15.50 (9) Brass Finisher 15.50

(10) Motor mechanic 15.50


$ (11) Electrical fitter and/or armature

winder 15.50 (12) Electrical installer 15.50 (12a) Controller and Maintenance

(Relays)— (a) First twelve months 16.80 (b) Thereafter 18.50

(13) Driller using borer or cutter bar 15.50 (14) Driller using Asquith or Tullis

radial drills 15.50 (15) Driller using Swift machine .... 8.40 (16) Driller using Herbert two spindle

sensitive drilling machine (but when drilling to a marked circum- ference (1.25c) per hour extra whilst so employed) 6.10

(17) Driller using other machine .... 6.10 (18) Screwer and/or S.E.W. cold saw

machines 6.10 (19) Traffic Signals—lamp changer—

Main Roads Department 7.90 (20) Shot blast and sand blast dressers

who are not protected from flying shot and sand by properly enclosed cabin 7.90

(21) Rigger and splicer on ships and buildings 7.90

(22) Electric overhead crane driver partly employed on maintenance of lifting gear 7.90

(23) Electric overhead crane driver . 5.15 (24) Shearers 6.10 (25) Bolt machinist 6.10 (26) Process worker 3.75 (27) Casting dresser 5.00 (28) Forge steam hammer driver 4.80 (29) Tradesman's assistant 4.15 (30) Furnaceman (iron) 7.55 (31) Furnaceman (brass) 6.40 (32) Furnaceman's assistant 4.15 (33) Crane attendant 3.00 (34) Pig iron breaker 3.00 (35) Tool storeman 4.25 (36) Annealing stove attendant 4.80

Delete paragraph headed "Leading Hands" and insert in lieu thereof:—

Leading Hands: "Leading Hands" means any tradesman placed in charge of three or more other workers. A leading hand shall be paid such extra rate as hereinafter prescribed:—

(i) When in charge of not less than three and not more than ten other workers, shall be paid two dollars thirty cents per week extra.

(ii) When in charge of more than ten and not more than twenty other workers, shall be paid four dollars and forty five cents per week extra.

(iii) When in charge of more than twenty other workers, shall be paid six dollars and sixty five cents per week extra.

ENGINEERING. (State Electricity Commission.)

Award Nod. 36, 37 and 38 of 1961. BEFORE THE WESTERN AUSTRALIAN


No. 95 of 1967. Between Coastal District Committee Amalgamated

Engineering Union Association of Workers, and others, Applicants, and State Electricity Commission of Western Australia, Respond- ent.

HAVING heard Mr J. Mutton on behalf of the Coastal District Committee Amalgamated Engi- neering Union Association of Workers, Mr M. Jahn on behalf of the State Executive, Austra- lasian Society of Engineers Industrial Associa- tion of Workers and Mr R. W. Fletcher on behalf of the Electrical Trades Union of Workers of Aus- tralia (Western Australian Branch), Perth, applicants, and Mr R. A. West on behalf of the respondent, and by consent, I, the undersigned. Chief Industrial Commissioner of The Western Austra- lian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Engineering Trades (State Elec- tricity Commission) Award Nod. 36, 37 and 38 of 1961, as amended, be and the same is hereby further amended in accordance with the following schedule.


Commissioner.

Schedule. 1. Clause 5—^Definitions: Add the following new

definition:— "Transformer Assembler" means a worker

who is required to dismantle, clean and assemble transformers but does not include a worker who is engaged as a tradesman.

2. Clause 31—Wages: Delete placita (1) (a), (b) and (c) and insert in lieu thereof:—

$ (a) Basic Wage 33.50 (b) Margins:

Armature winder 16.50 Blacksmith 16.50 Cable jointer 15.90 Electrical fitter 16.50 Electrical installation attendant .... 12.20 Electrical installer 16.50 Electrical relay maintainer—

First twelve months' experience 18.00 Thereafter 19.70

Fitter 16.50 Instrument maker and repairer .... 19.70 Linesman—

First grade 16.50 Second grade 14.20

Lineman's assistant 5.40 Machinist—

First class 16.50 Second class 11.10 Third class 8.00

Meter fixer 12.60


$ Meter tester—

First grade 12.20 Second grade 10.20

Motor mechanic 16.50 Patternmaker 21.30 Pole erecting equipment operator .... 10.40 Radio serviceman 16.50 Rigger ... 12.30 Street light patrolman 8.50 Tool storeman 7.50 Tradesman's assistant 5.40 Transformer assembler 12.40 Turner 16.50 Welder—

First class 16.50 Second class 8.00 Third class .... .... .... 6.80 Fourth class 5.80

(c) A Leading Hand—i.e., a worker placed in charge of three or more other workers or otherwise classified by the employer as a leading hand, shall be paid the additional margin set out hereunder:—

(i) if in charge of not more than ten other workers—$3;

(ii) if in charge of more than ten and not more than twenty other workers —$5.50;

(iii) if in charge of more than twenty other workers—$7.90.

FOREMEN (GOVERNMENT). (Water Supply.)


INDUSTRIAL COMMISSION No. 169 Of 1967.

Between; Government Water, Sewerage and Drainage Employees' Industrial Union of Workers, Applicant, and Hon. Minister for Water Supply, Respondent.

HAVING heard Mr H. R. Barrett on behalf of the applicant and Mr L. E. Boylan on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare;—

That the Government Water, Sewerage and Drainage Foremen's Award, No. 1 of 1957, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967.

(Sgd.) S. F. SCHNAARS, IL-S-l Commissioner.

FERRYMASTERS AND ENGINEERS (Transport Trust.)



Between Merchant Service Guild of Australia, Western Australian Section, Union of Work- ers, Applicant, and Metropolitan (Perth) Pas- senger Transport Trust, Respondent.

HAVING heard Mr B. Foley on behalf of the applicant and Mr R. Lane on behalf of the respondent, and by consent, I, the undersigned, Chief Indus- trial Commissioner of The Western Australian In- dustrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Ferries Masters and Engineers (Transport Trust) Award, No. 8 of 1965, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. Clause 4—Wages. Delete paragraph (b) or sub-

clause (1) and insert in lieu thereof:— $

(b) Masters Engineers and Shore En- gineers .... 15.40

Schedule First Schedule—Wages: delete this schedule and

insert in lieu thereof the following:—

First Schedule—Wages $

(1) Basic Wage (per week 33.50 (2) Subject to the following the employer shall

classify each employee within the marginal ranges prescribed. Marginal Range (per week) $ $

(a) Construction— Supervising foreman .... 28.50 - 30.85 Senior foreman .... 25.65 - 28.00 Foreman 21.80 - 24.90

(b) Water Supply Maintenance— Foreman and Assistant

Foreman 20.30 - 29.25 (c) Sewerage Maintenance—

Foreman and Assistant Foreman 20.30 - 29.25

(d) Goldfields Section— Foreman 20.30 - 30.85

(3) The employer shall classify each employee within the marginal ranges prescribed and may in the event of a change of duties or any other circumstances reelassify any of the positions within those marginal ranges.


FROZEN FOODS EMPLOYEES. Award No. 13 of 1964.



Australia, Union of Workers, Applicant, and Diamond Foods Ltd, and others, Respond- ents.

HAVING heard Mr W. J. Gough on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Frozen Foods Award, No. 13 of 1964, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. [L.S.] (Sgd) S. F. SCHNAARS,

Commissioner.

Schedule. Delete Clause 7.—Wages, and insert in lieu

thereof the following:— 7.—Wages.


(1) Basic Wage (Per Week): $ Adult males 33.50 Adult females 25.13

(2) Adult males (margin over male basic wage per week): (a) Fish Processing:

Hand filleter 5.60 Retort operator 5.60

(b) Poultry and Rabbit Processing: Killing 5.60 Plucking and scalding 4.90

(c) General Factory Hand (all sections) 4.40

,(3) Adult females (margin over female basic wage per week) 2.30

(4) Junior Workers: Junior males (per cent, of basic wage

per week)— % 14 to 15 years of age 35 15 to 16 years of age 45 16 to 17 years of age 55 17 to 18 years of age 65 18 to 19 years of age 75 19 to 20 years of age 85 20 to 21 years of age 95

Junior Females (per cent, of female basic wage per week)—

14 to 15 years of age — 15 to 16 years of age 45 16 to 17 years of age 55 17 to 18 years of age 65 18 to 19 years of age 75 19 to 20 years of age 85 20 to 21 years of age 95

Casual Workers: Casual workers shall receive fifteen per cent, in addition to the rates prescribed in this clause for the work performed.

(6) Leading hands: Males per week extra—A leading

hand in charge of— $ (a) Less than three other work-

ers 1.20 (b) Not less than three and not


than twenty other workers .... 4.45 (d) More than twenty other work-

ers .... .... .... .... 6.65 Females per week extra—A leading

hand in charge of— (a) Less than three other work-

ers .. .... .... .... .... 0.60 (b) Not less than three and not


than twenty other workers .... 2.30 (d) More than twenty other work-

ers 3.50

FRUIT AND VEGETABLE PROCESSING. Award No. 34 of 1962.



Australia, Union of Workers, Applicant, and Plaican Pty Ltd, and other, Respondents.

HAVING heard Mr W. J. Gough on behalf of the applicant and Mr H, J. De Burgh on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare:—

That the Fruit and Vegetable Processing Award, No. 34 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. [L.S.I (Sgd.) S. F. SCHNAARS,

Commissioner.

Schedule. Delete clause 7—Wages, and insert in lieu there-

of, the following:—

7.—Wages. The following shall be the minimum rates of

wages payable to workers covered by this award:— $

(1) Basic Wage (per week): Adult males 33.50 Adult females 25.13


(2) Adult Males (margin over male basic wage per week): $

Cook 8.90 Fruit and vegetable preserver .... 8.90 Jam boiler 5.60 Syrup maker 5.60 Fruit examiner 5.60 Retort attendant 5.60 General factory hand 4.40

(3) Adult Females (margin over female basic wage per week) .... 2.30

(4) Junior Workers: Junior Male (per cent, of male basic

wage per week): % 14 to 15 years of age 35 15 to 16 years of age .... .... 45 16 to 17 years of age 55 17 to 18 years of age .... .... 65 18 to 19 years of age .... .... 75 19 to 20 years of age 85 20 to 21 years of age 95

Junior Females (per cent., of female basic wage per week):

14 to 15 years of age — 15 to 16 years of age .... .... 45 16 to 17 years of age 55 17 to 18 years of age 65 18 to 19 years of age 75 19 to 20 years of age 85 20 to 21 years of age ... .... 95

(5) Casual Workers: Casual workers shall receive fifteen per cent, in addition to the rates prescribed in this clause for the work performed.

(6) Leading Hands: Males per week extra—A leading hand

in charge of— $


more than ten other workers 2.30 (c) More than ten but less than

twenty other workers .... 4.45 (d) More than twenty other

workers 6.65 Females per week extra—A leading

hand in charge of— (a) Less than three other workers 0.60 (b) Not less than three and not


than twenty other workers .... 2.30 (d) More than twenty other

workers 3.50

FUNERAL BIRECTOBS ASSISTANTS. Award No. 18 of 1962.



of Australia, West Australian Branch, Union of Workers, Applicant, and Bowra and O'Dea, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of

the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Funeral Directors' Assistants' Award, No. 18 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


Commissioner.

Schedule. Clause 11—Wages: Delete this clause and in-

sert in lieu thereof:—

11—Wages.. The minimum rates of wages payable to workers

covered by this award shall be as follows:—

(1) Basic Wage (per week): $ Adult Males 33.50

(2) Adult Males (margin per week over basic wage): (a) Branch officer 12.00 (b) Coffin maker and/or coffin

polishers 11.40 (c) General assistants, after hours

attendant .... .... .... .... 9.95

(3) Leading Hands:—Any worker placed by the employer in charge of three or more other workers shall be paid two dollars thirty cents per week in addition to the above.

FURNITURE. (Tubular Steel.)



Between the United Furniture Trades Industrial Union of Workers, Applicant, and Jason Metal Furniture, and others, Respondents.

HAVING heard Mr H. Cox on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by cbnsent, I, the undersigned, Chief Industrial Commissioner of The Western Aus- tralian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Tubular Steel Furniture Award, No. 44 of 1955, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

Schedule. 1. Clause 8—Wages: Delete subclause (a), (b)

and (e) and insert in lieu thereof:— The minimum rates of wages payable to workers

covered by this award shall be as follows:— (a) Basic Wage (per week) $

Males .... .... 33.50 Females 25.13

(b) Adult Msles (margin over male basic wage per week): (1) Woodmachinist—

(a) Shaper, foursider . . 15.10 (b) All others except Sander ... 7.35 (c) Sander 6.10

(2) Upholsterer 15.10 (3) Assembler—

(a) A person assembling wooden parts of tubular steel furniture by nailing, screwing, glueing and including cramping and a person attaching table edging 7.15

(b) A person assembling steel parts or fixing wooden parts on to steel frames 4.40

(4) Sprayers and/or varnishers and/ or stainers 5.15

(5) Welders— 1st class—i.e. a worker using

electric arc or acetylene, petrol or coal gas blow pipe other than welding with the aid of a jig . ... .... 15.50

2nd class—A worker using the foregoing types of welding apparatus, with the aid of a jig or a worker operating automatic welding machines for the setting up of which he is not responsible 6,10

(6) Bending 5.15 (7) Grinding, boring, cutting, press-

ing ... .... 4.40 (8) Labourer:—

(a) Tailing out 2.35 (b) Others 0.30

(e) Females: (i) Junior Females (per cent of female

basic wage): % Between 15 and 16 years of age 35 Between 16 and 17 years of age 45 Between 17 and 18 years of age 55 Between 18 and 19 years of age 65 Between 19 and 20 years of age 82 Between 20 and 21 years of age 100

(ii) Adult Females (margin over $ female basic wage) 3.35

2. Clause 9.—Leading Hands: Delete this clause and insert in lieu thereof:—

9.—Leading Hands. (1) Males: A leading hand placed in charge of—

(a) not less than three and not more than ten other workers shall be paid two dollars and thirty cents per week extra.

(b) more than ten and not more than twenty other workers shall be paid four dollars and forty-five cents per week extra.

(c) more than twenty other workers shall be paid six dollars and sixty-five cents per week extra.

[22 March, 1967.

FURNITURE. {Iron Bedstead Making.)

Award No. 37 of 1962,


No. 18 of 1967.

Between the United Furniture Trades Industrial Union of Workers, W.A,, Applicant, and Joyce Bros (W.A.) Pty Ltd and J. Gadsden Pty Ltd, Respondents.

HAVING heard Mr H. Cox on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitra- tion Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Iron Bedstead Making Award, No. 37 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. 1. Clause 6—Wages: Delete subclauses (a) and

(b) and insert in lieu thereof:— $

(a) Basic Wage (per week) 33.50 (b) Adults (margin over basic wage per

week): Toolmaker (iron bedstead) 18.50 Jigmaker (iron bedstead) 15.50 Welder 1st class . 15.50 Welder 2nd class . 6.10 Welder 3rd class 5,15 Link mesh machine operator 6.20 Bedstead maker and assembler . 5.15 Spray painter . . .... 5.15 Spring maker—hand ... 5.15 Labourers .... 0.30

2. Clause 7—Leading Hands: Delete this clause and insert in lieu thereof:—

7.—Leading Hands.

A worker placed in charge of— (a) not less than three and not more than

ten other workers shall be paid forty- six cents per day extra;

<b) not less than ten and not more than twenty other workers shall be paid eight-nine cents per day extra;

(c) more than twenty other workers shall be paid one dollar and thirty-three cents per day extra.




Between the United Furniture Trades Industrial Union of Workers, W.A., Applicant, and Hearn Manufacturing Co. Pty Ltd, and others, Re- spondents.

HAVING heard Mr H. Cox on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Furniture Trades Award, No. 6 of 1960, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing or on after the date hereof.

Dated at Perth this 3rd day of February, 1967. (Sgd) S. F. SCHNAARS.


Schedule. 1. Clause 8.—Wages: Delete this clause and in-

sert in lieu thereof:—

8.—Wages.

Basic Wage (per week): Males .... Females

Adult Males (margin per week):

(1) Cabinetmaking (see also items 14(a) and 14 (b))

Tool allowance (2) Chairmaking and/or repairing (see

also items 14(a), 14(b), and 14(c) ) (3) Woodcarving (4) Woodturning (5) Upholstering (6) French polishing (see also item

14(d) ) ■ (7) (a) Veneering

(b) Veneer layer or gluer engaged in the preparing or making of veneered panels or plywood or core-board or partly prepared timber or parts of furniture cut to size

(8) (a) Woodmachining (Shaper, Rout- er, Double-sided tenoner, foursider) where the worker also grinds cutters and/or sets up and a router and/or a Shaper Hand who works free-hand ....

(b) Woodmachining (Others) (c) Sanding—where a worker is ex-

clusively employed on work not covered by a tradesman's classification

(9) (a) Wire mattress making (b) Stretching up and tacking on

(10) (a) Wicker Furniture Maker (b) Others

(11) Ironwork for Wickerwork (12) Bedding Making:

(a) Employee who sets up, adjusts and operates any of the following bedding machines: Power tufting, quilting, roll edge, tape edge, buttoning, or pre-built border

(b) Hand tufting, hand roll, hand edging, hand quilting

(c) Garnetting machine operator (d) Automatic spring making mach-

ine operators (e) Machine operators other than

as above, and assistants to foregoing bedding making classifications other than labourers and including assemblers

(f) Sewing Machine mechanic (13) Picture frame making (14) General: Workers whose duties in-

clude work additional to that prescribed in this item 14 and which work is otherwise covered by items 1-6, inclusive, shall not be paid as being employed under this item but shall be paid the appropriate rate, under items 1 to 6 inclusive. Workers employed on any of the

duties coming within the following designations shall subject to the foregoing be paid as follows:— (a) Assembler, i.e. an adult work-

er employed in fitting together by nailing, screwing, glueing or fixing in any manner jointed, moulded or finished parts of wooden furniture and who in so doing can where necessary trim edges and make minor adjustments and includes assembling of chairs by means of a machine press or machine cramp only and the attaching of panel backs. Assembling shall also include the fixing of hinges of prefitted rebated doors ....

(b) (i) Employee cramping furni- iture including cramping pieces into chair parts by means of a machine press or a machine cramp only

(ii) Employee attaching finished parts of any de- scription, other than those referred to in (14(a) to otherwise completed furniture, the attachment of such parts requiring the use only of a hammer, screwdriver, pincers, bradawl, pliers, spanner, wire-cutter, punch and drill

(3)—3351 a


(c) Stuff over chair or couch frame maker i.e. an adult person who makes frames on which uphol- sterers cover all the wood work except the legs and/or feet, and of which the wood work is prepared by machines and including such frames to which the arms and/or legs and/or trays and/or ornaments and/or fittings are to be attached .... 6.40

(d) Spraying and/or sandpapering or varnishing and/or staining 5.15

(e) Labourer— (a) Tailing out 2.35 (b) Others 0.30

(15) Male Junior Workers (including Lap Boys) (per cent, of male basic wage per week): %

Between 14 and 15 years of age .... 20 Between 15 and 16 years of age .... 33 Between 16 and 17 years of age .... 45 Between 17 and 18 years of age .... 58 Between 18 and 19 years of age .... 70 Between 19 and 20 years of age .... 82 Between 20 and 21 years of age .... 95

(16) Apprentices (per cent, of male basic wage per week): (a) Five-year term— %

First year 35 Second year 50 Third year 68 Fourth year 90 Fifth year 100

plus $3.82 (b) Four-year term— %

First year 38 Second year 68 Third year 90 Fourth year 100

plus $3.82 (c) Three-year term— %

First year 55 Second year 90 Third year 100

plus $3.82 (17) Female Junior Workers (per cent.

of female basic wage per week): % Between 15 and 16 years of age 31.5 Between 16 and 17 years of age 36 Between 17 and 18 years of age 50 Between 18 and 19 years of age 65 Between 19 and 20 years of age 82 Between 20 and 21 years of age 100

$ Over 21 years of age (margin over

female basic wage per week) .... 3.35

2. Clause 10.—Leading Hands: Delete this clause and insert in lieu thereof:

10.—Leading Hands. A worker placed in charge of—■

(a) not less than three and not more than ten other workers shall be paid fourty-six cents per day extra;

(b) not less than ten and not more than twenty other workers shall be paid eighty-nine cents per day extra;

(c) more than twenty other workers shall be paid one dollar and thirty-three cents per day extra.

3. Clause 11—Setter Out: Delete this clause and insert in lieu thereof:—

11.—Setter Out. A cabinetmaker other than a leading hand who

sets out from plans prepared for that puropse detailed work for other cabinetmakers shall be paid an extra fifty-seven cents per day, provided that a leading hand covered by clause 10(a) shall in lieu of the rate therein prescribed be paid the rate for a Setter Out.

GARDENERS. (Education Department.)

Award No. 16 of 1S65.


No. 63 of 1967. Between the West Australian Cleaners, Caretakers,

Lift Attendants, Window Cleaners, Attendants and Watchmen's Industrial Union of Workers (Perth), Applicant, and Minister for Educa- tion, Respondent.

HAVING heard Mr W. J. Fitzgerald on behalf of the applicant and Mr G. D. Johnson on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Indus- trial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Gardeners' (Education Department of Western Australia) Award, No. 16 of 1965, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. [L.S.I (Sgd) S. F. SCHNAARS,

Commissioner.


in lieu thereof:—

8.—Wages. $

(1) Basic Wage (per week) 33.50 (2) Adult Males (margin per week):

(a) Senior gardener 6.10 (b) Gardener 4.80 (c) Gardener's assistant ... ... 3.00

(3) Casual workers shall be paid ten per cent, in addition to the rates payable under this award.


GATE, FENCE AND ORNAMENTAL WROUGHT IRON MAKING.



Between State Executive, Australasian Society of Engineers' Industrial Association of Workers, Applicant, and Cyclone Company of Australia Limited, and others, Respondents.

HAVING heard Mr M. Jahn on behalf of the applicant and Mr D., Hosking on behalf of the respondents, and by consent, I, the undersigned., Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration 'Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Gate, Fence and Ornamental Wrought Iron Making Award, No. 53 of 1955, as amended, be and the same is hereby further amended in accordance with the following schedule and that swell amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. (Sgd) S. P. SCHNAARS,

Commissioner.

Schedule. 1. Clause 3—Wages: Delete subclauses (a) and

(b) and insert in lieu thereof:— $

(a) Basic Wage (per week) .... 33.50 (b) Adults (margin over male basic wage

per week): (1) Metal frame and scroll makers .. 6.20 (2) Workers erecting hand rails lawn

tennis courts, bannister rails, and structural work of any descrip- tion ... p, o r: u.ou

(3) Spring coil, ring lock "K" fence and fabric machinists 6.20

(4) Machinists assistants 5.15 (5) Labourers 0,30 (6) First class welder .... 15.50 (7) Second class welder 6.10 (8) Third class welder . .. 5.15 (9) Fourth class welder . . 4.40 Provided that any person without previous

experience in the industry who is engaged to perform work prescribed for in classifications (b) (1), (2) and (3) above shall receive a margin of fifty cents per week less than those prescribed above for such classifications for the first six weeks of his employment.

2. Clause 15—Special Rates and Conditions: Delete subciause (a) and insert in lieu thereof:—

(a) Leading Hands: A leading hand in in charge of:—

(1) Not less than three and not more than ten other workers shall be paid $2.30 per week extra.

(2) More than ten and not more than twenty other workers shall be paid $4.45 per week extra.

(3) More than twenty other workers shall be paid $6.65 per week extra.

GRAIN HANDLING. (Albany Terminal.)



Between: Australian Workers' Union, Westralian Branch, Industrial Union of Workers, Applicant, and Co-operative Bulk Handling Ltd, Respondent.

HAVING heard Mr H. Barry on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondent, and by consent, I, the undersigned. Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Grain Handling (Albany Terminal) Award, No. 34 of 1961, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. [L.S.l

(Sgd.) S. F. SCHNAARS, Commissioner.

Schedule. Clause 8.—Wages: delete subciause (a) of this

clause and insert in lieu thereof the following:— $

(a) Basic Wage (per week) 33.50 Margins (per week)

Group I 22.70 Group II 18.70

*Group III 14.85 * After six months' satisfactory service

Group II rate to apply. The rates herein prescribed provide for

normal disabilities such as dust, working in confined spaces, height, etc., associated

with the job.

GRAIN HANDLING, i Geraldton Terminal.) Award No. 2 of 1961.


No. 34 of 1967. Between: Australian Workers' Union, Westralian

Branch, Industrial Union of Workers, Applicant, and Co-operative Bulk Handling Ltd., Respondent.

HAVING heard Mr H. Barry on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Grain Handling (Geraldton Terminal) Award, No. 2 of 1961, as amended, be and the same is hereby further amended in


accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. (Sgd.) S. F. SCHNAARS, IL.SJ

Commissioner.

Schedule. Clause 7.—Wages: delete subclause (a) of this


(a) Basic Wage (per week) 33.50 Margins (per week)


♦Group III 14.85 ♦After six months' satisfactory service Group

II rate to apply. The rates herein prescribed provide for

normal disabilities such as dust, working in confined spaces, height, etc., associated with the job.

GRAIN HANDLING. (North Fremantle.)



Between: Australian Workers' Union, Westralian Branch, Industrial Union of Workers, Appli- cant, and Co-operative Bulk Handling Ltd., Respondent.

HAVING heard Mr H. Barry on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Grain Handling (North Fremantle) Award, No. 6 of 1964, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1987. (Sgd.) S. F. SCHNAARS,


Schedule Clause 20.—Wages: delete subclause (1) of this


(1) (a) Basic Wage (per week) .... 33.50 (b) Margins (per week):


♦Group IH 14.85 ♦After six months satisfactory

service Group II rate to apply. The rates herein prescribed provide for

normal disabilities such as dust, working in confined spaces, height, etc., associated with the job.

GROCERY MANUFACTURING. Award No. 17 of 1962.



Australia, Union of Workers, Applicant, and D. & J. Fowler (Aust.) Ltd, and others, Respondents.

HAVING heard Mr W. J. Gough on behalf of the applicant and Mr H, J. De Burgh on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Grocery Manufacturing Award, No. 17 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. (Sgd) S. F. SCHNAARS.

Commissioner. [L.S.]

Schedule. Delete clause 7—Wages, and insert in lieu

thereof the following:—


wages payable to workers covered by this award:— (a) Basic Wage (per week): . $

Adult males 33.50 Adult females 25,13

(b) Adult Males (margin over male basic wage per week): Grocers' Sundries—

Worker roasting and/or grinding and mixing and blending coffee or chicory 7.30

Steam retort operator .... .... 6135 Other grinders or millers 6.20 Other mixers and blenders .... 6.20 Roasters of other commodities .... 6.20

Nut Foods and Allied Products- Roasters of nuts .... 7.30 Salted cooker (potato chips and

nuts) , ,, 7.30 Cereal Foods—

Cereal cooker 6.20 Filler, pressmen and conveyor

workers 5.15 Macaroni—

Worker drying macaroni, vermicelli and allied products 6.60

Paste maker 5.60 Press operators .... 5.60

All Sections— General factory hands 4.90 All others 2.65

(c) Adult Females (margin over female basic wage per week) 2.25

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 22 March, 1967.]

(d) Junior Workers: Males (per cent, of male basic wage

per week)— % 14 to 15 years of age ... . 30 15 to 16 years of age 40 16 to 17 years of age 50 17 to 18 years of age 60 18 to 19 years of age ... .... 70 19 to 20 years of age 80 20 to 21 years of age .... ... 95

Junior Females (per cent of female basic wage per week) —

14 to 15 years of age .... ... — 15 to 16 years of age . .. .. 45 16 to 17 years of age 55 17 to 18 years of age 65 18 to 19 years of age 75 19 to 20 years of age .... .... 85 20 to 21 years of age 95

(e) Casual Workers: Casual workers shall receive ten per cent, in addition to the rates prescribed in this clause for the work performed.

(f) Leading Hands: Males per week extra—A leading-hand

in charge of— $

(i) less than three other workers 1.20 (ii) not less than three and not

more than ten other workers 2.30 (iii) more than ten but less than

twenty other workers ... 4.45 (iv) more than twenty other

workers 6.65 Females per week extra—A leading-

hand in charge of— (i) Less than three other workers 0.60 (ii) Not less than three and not

more than ten other workers 1.10 (iii) More than ten but not more

than twenty other workers ... 2.30 (iv) More than twenty other

workers .... 3.50 (g) Workers engaged on the milling and/

or grinding of spices shall be paid five cents per hour in addition to the rates herein prescribed.

the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—•

That the Hostel Employees' (South West Land Division) Award, No. 36 of 1959, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. CL.S.] (Sgd) S. P. SCHNAARS,

Commissioner.



(a) Basic Wage (per week) $ Males .... 33.50 Females 25.13


(1) Cooks—In establishments where three cooks are employed— Male. Female.

$ $ First cook 9.90 9.90 Second cook 6.70 6.70 Third cook .... .... 5.15 5.15

(2) Where more than three cooks are employed the minimum shall be

(3) Where two cooks are employed—

First cook Second cook

(4) Where only one cook i employed

(5) Waiter (6) Kitchenman, pantrymai

and sculleryman (7) Night Porter (8) Hall Porter (9) Lift Attendant

(10) Yardman, handyman and unspecified male workers 3.00 ■—

(11) Waitress .... .... .... — 3.65 (12) Other female workers .... — 3.65

8.40 8.40 5.80 5.80

6.70 6.70 3.75 —

3.00 — 4.40 — 3.75 — 3.00 —

HOSTEL EMPLOYEES. (SOUTH WEST LAMB DIVISION.)



Between the Hotel, Club, Caterers, Tea Room and Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and the Proprietor, Central Private Hotel, Bunbury, and others, Respondents.


HOSTEL EMPLOYEES. (METROPOLITAN.)



Between Hotel, Club, Caterers, Tea Room and Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and Derward Hostel, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr G. J. Martin on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Indus-


trial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Hostel Employees' (Metropolitan) Award, No. 23 of 1955, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


Commissioner.

Schedule. Clause 9—Wages:

Delete this clause and insert in lieu thereof:




Male Female $ $

(1) Cooks—In establishments where three cooks are employed—

First cook 10.10 10.10 Second cook ... 7.30 7.30 Third cook 6.10 6.10

(2) Where more than three cooks are employed the minimum shall be .... 6.10 6.10

(3) Where two cooks are employed—

First cook 8.45 8.45 Second cook 6.60 6.60

(4) Where only one cook is employed 7.45 7.45

(5) Waiter 3.75 — (6) Kitchenman, pantryman,

sculleryman 3.00 — (7) Night porter 3.75 — (8) Hall porter 3.75 — (9) Lift attendant 3.00 —

(10) Yardman and unspecified male worker 3.00 —

(11) Waitress — 3.65 (12) All other female workers — 3.65

HOTEL WORKERS. (Metropolitan.)



Between the Hotel, Club, Caterers, Tea Room and Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and Esplanade Hotel, and others, Respondents.


the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Hotel Workers' (Metropolitan) Award, No. 25 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 27th day of January, 1967. [L.S.l- (Sgd.) S. F. SCHNAARS,

Commissioner.

Schedule. Clause 32—Wages: Delete subclauses (1) and (2)

of this clause and insert in lieu thereof:— (1) Basic Wage (per week): $

Males . .. .... .... .... .... 33.50 Females 25.13

(2) Classification (margin per week over basic wage): (a) Cooks — In establishments where

three cooks are employed— First cook .... .... .... .... 10.10 Second cook 7.30 Third cook 6.10

(b) Where more than three cooks are employed the minimum shall be .. 6.10

(c) Where two cooks are employed— First cook 8.45 Second cook 6.60

(d) Where only one cook is employed 7.45 (e) Waiter 3.75 (f) Kitchenman 3.00 (g) Night porter 3.75 (h) Hall porter 3.75 (i) Steward 3.75 (j) Lift attendant 3.00 (k) Yardman, etc. 3.00

(1) Waitress 3.65 (m) All other females 3.65

HOTEL WORKERS. (Rest of State.)



Between the Hotel, Club, Caterers, Tea Room and Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and Wyndham Hotel, Wyndham, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitra- tion Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—■

That the Hotel Workers' (Rest of State) Award No. 28 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.




Schedule. Clause 29—Wages: Delete subclauses (1) and

(2) of this clause and insert in lieu thereof the following:—

CD Basic Wage (per week): $ Males 33.50 Females 25.13

(2) Classification (margin per week over basic wage): (a) Cooks—In establishments where

three cooks are employed— First cook 10.10 Second cook .... 7.30 Third cook 6.10

(b) Where more than three cooks are employed the minimum shall be 6.10

(c) Where two cooks are employed— First cook 8.45 Second cook 6.60

(d) Where only one cook is employed 7.45 (e) Waiter 3.75 (f) Kitchenman 3.00 (g) Night porter 3.75 (h) Hall porter 3.75 (i) Steward 3.75 (j) Lift attendant 3.00 (k) Yardman, etc 3.00 (1) Waitress 3.65 (m) All other females 3.65

HOTEL WORKERS. (South-West Land Division.)



Between: The Hotel, Club, Caterers, Tea Room and Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and Rose Hotel, Bunbury, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Indus- trial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Hotel Workers' (South-West Land Division) Award, No. 27 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 27th day of January, 1967. tL.S.l (Sgd) S. F. SCHNAARS,

Commissioner.

Schedule. Clause 29—Wages: Delete subclauses (1) and (2)

of this clause and insert in lieu thereof the following:—


$ (2) Classification (margin per week over

basic wage): (a) Cooks—In establishments where

three cooks are employed— First cook .... .... 10.10 Second cook .... 7.30 Third cook .... .... .... 6.10

(b) Where more than three cooks are employed the minimum shall be .. 6.10

(c) Where two cooks are employed— First cook 8.45 Second cook .... 6.60

(d) Where only one cook is employed 7.45 (e) Waiter 3.75 (f) Kitchenman 3.00 (g) Night porter 3.75 (h) Hall porter .... .... 3.75 (i) Steward 3.75 (j) Lift attendant 3.00 (k) Yardman, etc. .... 3.00 (1) Waitress 3.65 (m) All other females 3.65

ICE CREAM AND FROZEN CONFECTIONERY M ANUF ACTURIN G.




Australia, Union of Workers, Applicant, and Peters Ice Cream (W.A.) Ltd, and others, Respondents.

HAVING heard Mr W. J. Gough on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Ice Cream and Frozen Confection- ery Manufacturing Award, No. 6 of 1963, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


[L,S.;! Commissioner.


thereof, the following:—


wages payable to workers covered by this award:— $

(1) Basic Wage (per week): Adult males 33.50 Adult females 25.13

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967. 96

$ (2) Adult Males (margin over basic wage

per week): Ice cream freezing machine operator 8.15 Ice cream freezing machine assis-

tant operator . .. 4.45 Frozen confectionery machine

operator ... ... 5.65 Frozen confectionery machine assis-

tant operator .... 4.45 Cone and wafer machine operator 5.65 Cold room hand . . .. . 8.15 Can washer , ... 4.45 General factory hand 4.10

(3) Adult Females (margin over female basic wage per week) 2.30

(4) Junior Workers: Junior Males (per cent, of male basic

wage per week)— % 14 to 15 years of age 35 15 to 16 years of age 45 16 to 17 years of age 55 17 to 18 years of age 65 18 to 19 years of age 75 19 to 20 years of age 85 20 to 21 years of age 95

Junior females (per cent, of female basic wage per week)—

14 to 15 years of age — 15 to 16 years of age . . ... 45 16 to 17 years of age ... , . 55 17 to 18 years of age 65 18 to 19 years of age 75 19 to 20 years of age 85 20 to 21 years of age 95

(5) Special Rates: All females engaged in ice cream cake decorating shall be paid at the rate of twenty cents per day whilst so employed.

(6) Casual Workers: Casual workers shall receive fifteen per cent, in addition to the rates prescribed in this clause for the work performed.

$ (7) Leading Hands:

Males per week extra—A leading hand in charge of—

(a) less than three other workers L20 (b) not less than three and not

more than ten other woi'kers 2.30 (c) more than ten but less than

twenty other workers .. . 4.45 (d) more than twenty other

workers ... 6.65 Females per week extra—A leading

hand in charge of— (a) Less than three other workers 0.60 (b) Not less than three and not

more than ten other workers 1,10 (c) More than ten but not more

than twenty other workers .... 2.30 (d) More than twenty other

workers 3.50

JETTY SUPERINTENDENTS. (Fremantle Port Authority.)



Between Merchant Service Guild of Australia, Western Australian Section, Union of Workers, Applicant, and Fremantle Port Authority, Re- spondent.

HAVING heard Mr B. Foley on behalf of the applicant and Mr J. Collins on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and. all other powers therein enabling me, do hereby order and declare—■

That the Fremantle Harbour Trust (Jetty Superintendents) Award, No. 32 of 1963, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. (Sgd) S. F. SCHNAARS.

IL.S. I Commissioner.

Schedule. Clause 6—Rates of Pay: Delete this clause and

insert in lieu thereof the following:—■ 6.—Rates of Pay.

$ (1) Basic Wage (per week) 33.50 (2) Margin (including shift loading) per

week .... .... 25.00 (3) Wages shall be payable weekly.

MANUFACTURING CHEMISTS. Award No. 33 of 1962.



Australia, Union of Workers, Applicant, and F. H. Faulding & Co. Ltd, and others. Re- spondents.

HAVING heard Mr W. J. Gough on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained In section 92 of the Indus- trial Arbitration Act, 1912-1966, and all other powers therein enabling me. do hereby order and declare—

That the Manufacturing Chemists Award, No. 33 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


IL.S.] Commissioner.

97

Schedule. Delete Clause 7—Wages, and insert in lieu there-

of:— 1.—Wages.


(1) Basic Wage (per week): $ Adult Males .... .... .... .... 33.50 Adult Females .... .... .... 25.13

(2) Adult Males (margin over male basic wage per week):

Section (i) Extracts, Essences and Distillations—■

First-class plant operative .... 8.65 Second-class plant operative—

1st three months' experience 4.30 2nd three months' experience 4.70 3rd three months' experience 5.10 4th three months' experience 5.65 Thereafter 6.70

Section (ii) Galenicals, Patent Medicines, Cordials, etc.—

First-class factory hands .... 6.00 Factory hands (handling cor-

rosive acids) 4.90 Section (iii) —

General factory hands 4.30 All others 2.35

(3) Adult Females (margin over female basic wage per week) 2.30

(4) Junior Workers: (per cent, of male basic

week) — wage per

14 to 15 years of age 15 to 16 years of age 16 to 17 years of age 17 to 18 years of age 18 to 19 years of age 19 to 20 years of age 20 to 21 years of age

Junior Females (per cent, of female basic wage per week:—


(5) Leading Hands: Males per week extra—

A leading hand placed in charge of— (a) Less than three other workers (b) not less than three and not

more than ten other workers .... (c) more than ten but less than

twenty other workers (d) more than twenty other work-

ers Females per week extra—

A leading hand placed in charge of— (a) Less than three other workers (b) Not less than three and not

more than ten other workers .... (c) More than ten but not more

than twenty other workers .... (d) More than twenty other work-

ers

(6) Workers blending colours shall be paid at the rate of ten cents per hour extra whilst so employed.

(7) Workers grinding capsicum and pepper shall be paid at the rate of five cents per hour whilst so employed.

(8) Liberty is reserved to the parties to apply to amend to include a rate for casual workers.

MATCH MANUFACTURING. Award No. 17A of 1962.



Australia, Union of Workers, Applicant, and W.A. Match Co Pty Ltd, Respondent.

HAVING heard Mr W. J. Gough on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the In- dustrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—■

That the Match Manufacturing Industry Award, No. 17A of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


Commissioner.

Schedule. Delete Clause 7—Wages, and insert in lieu thereof

the following:— 7.—Wages.

The following shall be the minimum rates of wages payable to workers covered by this award:—■

(1) Basic Wage (per week): $ Adult Males 33.50 Adult Females .... ... . 25.13

(2) Adult males (margin over male basic wage per week):

V.P.O. dipper ... ... 7.30 Painting machine attendant (in-

cluding mixing of the paint) . 6.10 Mixer (compo and adhesives) . .. 6.10 Inner machine operator .. 5.30 Board slitter (inner reels) . . 5.30 General factory hand 4.90 All others .... .. 2.65

(3) Adult females (margin over female basic wage per week) 2.25

(4) Junior Workers: Males (per cent, of male basic wage

per week): % 14 to 15 years of age .... .... 30 15 to 16 years of age 40 16 to 17 years of age 50 17 to 18 years of age 60 18 to 19 years of age 70 19 to 20 years of age 80 20 to 21 years of age 95

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

Females (per cent, of female basic wage per week): % 14 to 15 years of age — 15 to 16 years of age 45 16 to 17 years of age 55 17 to 18 years of age 65 18 to 19 years of age 75 19 to 20 years of age 85 20 to 21 years of age 95

(5) Casual Workers: Casual workers shall receive ten per cent, in addition to the rates prescribed in this clause for the work performed.

(6) Leading Hands: A leading hand in charge of— Males (per week extra)— $


more than ten other workers ... 2.30 (c) More than ten but less than

twenty other workers 4.45 (d) More than twenty other workers 6.65

Females (per week extra): (a) Less than three other workers 0.60 (b) Not less than three and not

more than ten other workers . 1.10 (c) More than ten but less than

twenty other workers 2.30 (d) More than twenty other workers 3.50

MARINE STORES. Award No. 13 of 1958.



of Australia, West Australian Branch, Appli- cant, and Hayes Bros. Pty Ltd, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr J. Ince on behalf of the respondents, and by consent, I. the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the industrial Arbitra- tion Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Marine Stores Award, No. 13 of 1958, as amended, be and the same is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


Commissioner.


insert in lieu thereof:—

6.—Rates of Pay. (a) Basic Wage (per week):

Whole of State— $ Males ... 33.50 Females 25.13

(b) Adult Males (margin over male basic wage per week) 4.40

[22 March, 1967.

$ (c) Adult Females (margin over female

basic wage per week) 2.10 (d) Junior Males (per cent, of male basic

wage per week): % 14 to 15 years of age 25 15 to 16 years of age 35 16 to 17 years of age 45 17 to 18 years of age 55 18 to 19 years of age 70 19 to 20 years of age 80 20 to 21 years of age 95

(e) Junior Females (per cent, of female basic wage per week):

15 to 16 years of age 35 16 to 17 years of age .... .... 45 17 to 18 years of age 55 18 to 19 years of age 70 19 to 20 years of age 80 20 to 21 years of age 95

MEAT INDUSTRY. (Midland and Robbs' Jetty Abattoirs.)



Between West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Hon. Minister for Agriculture and Midland Junction Abattoir Board, Respondents.

HAVING heard Mr M. Burns on behalf of the applicant and Mr L. E. Boylan on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Metropolitan District Abattoir (Local Consumption) Award, No. 45 of 1955, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. 1. Clause 28.—Minimum Rate: Delete this

clause and insert in lieu thereof:—■ 28.—Minimum Rate.

For the purpose of holidays, annual leave, sick leave, clause 20, Mixed functions and paragraph (d) of subclause (2) of clause 29 Rates, the minimum daily wage (on a basic wage of $33.50) for slaughtermen shall be as follows:—

Pigs—$9.46 per day, representing a weekly margin of $13.80.

All others $9.59 per day, representing a weekly margin of $14.45.

22 March, 1967.] 99

2. Clause 29.—Rates: Delete this clause and insert in lieu thereof:'—

29.—Rates. (1) Basic Wage:

(a) The wage rates contained in this award are made on a basic wage of $33.50 per week.

(b) Notwithstanding any alteration in the basic wage the slaughtering rates herein prescribed shall remain constant: Pro- vided however, that should the basic wage rise or fall, the total daily earnings of a slaughterman shall be reduced or increased to the extent of one-fifth of the variation of the basic wage, Mon - day to Friday.

(2) Slaughtermen: (a) Cattle—

(i) All cattle, other than calves, bulls and genuine stags, 79.86 cents per head. For the purpose of clause 15 (2) (b) all cattle shall be paid for at $1.19.79 per head.

(ii) Calves 39.93 cents per head. For the purpose of clause 15 (2) (c) all calves shall be paid for at 59.895 cents per head.

(iii) Tubercular and/or gangrenous cattle, i.e. where one quarter or more of a beast is condemned on account of tuberculosis and for gangrene— double rates.

(iv) Bulls and genuine stags 300 lb. or over—double rates, "Genuine stag" means a fully grown animal that exhibits characteristics of a bull including a definite neck crest.

(v) Tubercular, injured or septic calves (foreman to decide whether injury or infection is sufficient to justify additional rates)—double rates.

(b) Sheep and Lambs (chain system) — (i) All sheep and lambs not otherwise

specified— . Group A $1.30.56 per hundred. Group B $14.05.44 per hundred.

When more than one chain is operating, those employed in Group A as defined in Clause 26 (a) shall divide $1.30.56 per hundred between them and the balance, namely $14.05.44 per hundred, shall be equally divided between the workers employed in Group B as defined in clause 26 (a).

When only one chain is in operation, the composite rate of $15.36 per hundred shall be divided equally amongst the team, namely those workers employed in Groups A and B.

(ii) Injured, maggoty, daggy, downer, objectionably crippled, objectionably wet or dirty sheep or lambs, full wool sheep, sheep over 62 lb. chilled weight as shown on the scales—rate and a half.

(iii) All rams (including ram lambs 50 lb. and over) and genuine stags— double rates. "Genuine stag" means any animal that has been castrated late or after maturity which fully exhibits ram characteristics but does not include wethers that have been burdizzed.

(iv) In all cases of extra rates, the foreman to decide whether the extra rate is justified.

(v) Learner Slaughtermen — Learner slaughtermen who have attained the age of 18 years may be employed and shall be taught to be proficient in at least three operations of a chain slaughterman before being adjudged competent.

No learner shall be engaged as a slaughterman on the chain until he has been adjudged competent by the foreman or, in the event of any dispute as to his competency, has passed a competency test to the satisfaction of a majority of members of a Board of Examiners con- sisting of one representative of the Union, one representative of the employer and a competent person agreed upon by the parties as chairman.

Necessary equipment will be issued to learners at the commencement of trial period, such equipment to be returned to the Management on completion of a period or the cost of same may be deducted from any wages due to such worker.

Learner slaughtermen shall be paid the rate prescribed for slaughterhouse labourers,

(vi) "Chain setter rover" shall be paid an amount equivalent to the weekly earnings of slaughtermen on the chain, but shall not in any case be paid for any day less than the minimum daily wages as prescribed for a mutton slaughterman in clause 28.

(c) Pigs— All pigs up to 200 lb. in weight—26.24

cents. All pigs over 200 lb. in weight—52.48

cents. For the purpose of clause 15(2) (d) all

pigs shall be paid for at the rate of— Up to 200 lb. in weight 39.36

cents. Over 200 lb. in weight 78.72 cents.

(d) General— (i) Not more than one of the foregoing

extra rates shall be paid at any one time and, where more than one extra rate applies, only the highest shall be paid.

(ii) Slaughtermen required to wait for stock for more than fifteen minutes on any day (whehter in one or more periods) shall be paid for that waiting time at the rate prescribed in clause 28, Minimum Rate.

(3) Workers other than slaughterman referred to in clause 26 (a), (b), (c) and (d)—

Cattle— $ (a) Knocker 12.30 (b) Shackler-hoister 12.30 (c) Bleeder 12.30 (d) Hide cheeker and header . . 12.30 (e) Trimmer 12.30 (f) Index man 12.30 (g) Dehorner and tonguer 12.30 (h) Viscera separator 9.45 (i) all others 7.35


(ii) Beef Head Ring— Ca) Head trimmer (b) Cheeker and tonguer (c) Jaw puller and head splitter (d) All others

(iii) Calves (veal)'—Knocker, shackler and holster

(iv) Hide Salting— (a) Leading hand (b) Hide salter

(v) Sheep— (a) Classifier (b) Chain feeder dagger (c) Spreader inserter (d) Gambrel inserter (e) Wiper (f) Brander (g) All others

(vi) Pigs— (a) Pig shooter (b) All others

(vii) Livestock and Saleyards— (a) Leading hand—saleyards .... (b) Mounted stockman, including

supply of dog (c) Tractor man—Scavenger (d) All others

iii) Lairages— (a) Leading hand—cattle (b) Leading hand—sheep (c) Stockmen—penners up (d) All others

(ix) Yard Gang— (a) Dead stock—-Skinner (b) General Labourers

( x) Tallow workers, by-products workers, chiller hands and general labourers— (a) Leading hand on tallow .. (b) Leading hand on fertiliser . .. (c) By-products worker (d) Leading hand beef chillers . .. (e) Leading hand mutton chillers (f) Leading hand meat delivery (g) Chiller tally clerk (h) Chiller hands (i) First aid attendant (j) Watchmen (k) General Labourer

MEAT INDUSTRY. (Pet Foods.)



Between West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Meat and Allied Trades Federation of Australia (Western Australian Division) Union of Em- ployers, Perth; Murchison Meats Pty Ltd; South Coast Ice and Trading Co.; M. G. Trott, and others, Respondents.

HAVING heard Mr M. Burns on behalf of the applicant, Mr M. Locke on behalf of the Meat and Allied Trades Federation of Australia (Western Australian Division) Union of Employers, Perth, and

Mr H. J. De Burgh on behalf of the private employer respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Meat Industry Pet Foods (South- west Land Division) Award, No. 7 of 1966, be and the same is hereby amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. . [L.S.I (Sgd) S. F. SCHNAARS,

Commissioner.

Schedule.

Clause 7—Wages: Delete this clause and insert in lieu thereof the following;—

7.—Wages.


(1) Basic wage (per week): $ Adult males 33.50 Adult females 25.13

(2) Adult male workers (margin over male basic wage per week): (a) Boners and/or skinners 12.30 (b) Trimmers and/or sheers 10.20 (c) Cutting and/or mincing machine

operator 8.00 (d) Counterhand 7.60 (e) Strapping or wiring machine oper-

ator 7.20 (f) Male worker, wrapping, weighing

or packing 6.30 (g) All others 4.90

(3) Adult male workers in freezers: (a) Freezer hand (i.e., a worker who

is required to work in a temperature between thirty-two degrees and four degrees fahrenheit) .... 10.20

(b) Workers required to work in a temperature below four degrees fahrenheit shall be paid thirty cents per day extra.

(c) A worker required to work in a freezer chamber shall be supplied by the employer, free of cost, with a freezer suit, with hood attached, freezer gloves and suitable freezer boots.

(d> No worker shall be required to work in a freezer chamber longer than sixty minutes continuously without a break outside of at least five minutes.

(e) Each freezer chamber shall have an effective escape hatch fitted.


(4) Carters and drivers (margin over male basic wage per week):

Not exceeding 25 cwt. capacity Exceeding 25 cwt. and not exceed-

ing 3 tons capacity Exceeding 3 tons and under 6 tons

capacity For each complete ton over 5

tons capacity, twenty-five cents additional margin, provided that the maximum amount shall not exceed four dollars.

Drivers of loaded motor wagons (except tractors) drawing a loaded trailer also (not to include a mechanical horse), forty cents per day extra.

(b) Driver of fork lift (c) Driver of articulated vehicle not

exceeding 8 tons capacity Exceeding 8 tons capacity, for

each complete additional ton, twenty-five cents additional margin, provided that the maximum amount shall not exceed five dollars.

(5) Female workers (margin over female basic wage per week): (a) Counterhand: A worker selling

fresh or pre-wrapped pets meat.. (b) Knifehand: A worker who may

use a knife, shea s or scissors to trim dirt and hair, or slice up meat, prior to being weighed .... 6.40

(c) Wrappers, packers and all others 5,45 (d) A female worker who performs

duties other than those contained in classifications (a), (b) and (c) hereof, shall be paid the same margin as is prescribed for adult males for the appropriate class of work.

(e) Females appointed as leading hands by an employer shall be paid in addition: If placed in charge of less than three workers, eighty-five cents; if placed in charge of three or more but less than ten workers, one dollar seventy cents; if placed in charge of ten or more workers, three dollars forty cents.

(6) Junior workers : (a) Males (per cent, of male basic

wage per week): % Under 18 years of age 80 18 to 19 years of age 70 19 to 20 years of age 90 20 to 21 years of age 100

(b) Females (per cent, of females basic wage per week)—

16 to 17 years of age 50 17 to 18 years of age 60 18 to 19 years of age 70 19 to 20 years of age 85 20 to 21 years of age 95

(7) Casual workers: Casual worker shall mean any person who is employed for less than three consecutive days (provided that Satur- day, Sunday and any holiday unless worked, is not included in the reckoning of consecutive days) and such worker shall be paid

twenty per cent, in addition to the ordinary rates. Provided that any such worker who has been advised before ceasing work that he will be required for employment either casual, part-time or full-time within the following seven days shall be paid fifteen per cent, extra for such casual work on a four hour daily minimum in lieu of the foregoing.

(8) Adult male leading hand: Leading hands in charge of two or more workers shall receive seventy cents per day extra.

MEAT INDUSTRY. (State) (Wholesale and Retail.)



Between West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Meat and Allied Trades Federation of Australia (Western Australian Division), Union of Em- ployers, Perth, and others, Respondents.

HAVING heard Mr M. Burns on behalf of the applicant, Mr M: Locke on behalf of the Meat and Allied Trades Federation of Australia (Western Australian Division) Union of Employers, Perth, and Mr H. J. De Burgh on behalf ox the private employer respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1968, and all other powers therein enabling me, do hereby order and declare—

That the Meat Industry (State) Award, No. 26 of 1986, be and. the same is hereby amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.







(1) Basic Wage (per week): (a) Adult males 33.50 (b) Adult females 25.13

(2) Adult male workers—retail establishments (margin over male basic wage per week): (a) General Butcher 12.30 (b) First shopman (in shop employ-

ing two or up to five workers, inclusive) 14.00

(c) First shopman (in shop employing more than five workers) .... 15.80

(d) Smallgoodsman 12.30 (e) Counterhand 8.40


$ (f) When a general butcher is re-

quired by the employer to accept temporary responsibility additional to his normal duties, he shall be paid at the rate applicable to First Shopman as specified in clause 8 (2) (b) hereof on each day so required.

(3) Adult male workers, meat auctions, wholesale, pre-packing or export processing establishments: (a) Leading hand 15.00 (b) Boner, specified or piece meat

boning 13.70 (o Boner, straight boning 12.30 (d) General butcher 12.30 (e) Sheer and/or trimmer 10,20 (f) Sawyer and/or meat lumper .... 7.55 (g) All others 7.35

(4) Adult male workers in slaughtering- establishments : (a) Slaughterman (on-rail dressing) 17.30 (b) Slaughterman (solo) 13.80' (c) Trimmer 10.95 (d) Dehorner and tonguer 12.30 (e) Viscera separator 9.45 (f) Jaw puller, head trimmer and

head splitter 10.95 (g) Gambrel inserter 8.80 (h) Spreader inserter 8.80 (i) Hide salter and/or Skin shed hand 8.00 (j) Casing cleaning hand .... .... 11.40 (k) Chiller tally clerk 9.70 (1) Chiller hand 7,55 (m) Stockmen and penner-up .... 7.35 (n) Yard labourer 4.90 (0) All other workers 7.35

(5) Adult female workers (margin over female basic wage per week): (a) Saleswoman 9.60 (b) Counterhand 5.45 (c) Wrapper 5.45 (d) Females in prepacking section

whose work includes pricing .... 6.55 (e) Spotter 6.40 (f) All others 5.45 (g) A female worker who performs

duties other than those contained in the classifications hereof, shall be paid the same margin as is prescribed for adult males for the appropriate class of work. This shall not apply to the duties of a general butcher for which the total male rate shall apply. The provisions of clause 10, Mixed Functions, shall not apply when females perform duties of a general butcher.

(h) The number of females (excluding wrappers in the export and prepack establishments and counterhands) shall not exceed one to three or fraction thereof adult male workers.

(1) Females employed as leading hand shall be paid in addition—

If placed In charge of less than three workers 0,75

If placed in charge of three or more, but less than ten workers 1.50

If placed in charge of ten or more workers 3.00

$ (6) Adult male workers in freezers (mar-

gin over male basic wage per week): (a) Freezer hand (i.e., a worker who

is required to work in a temperature between 32 degrees and 4 degrees fahrenheit) 10.20

(b) Workers required to work in a temperature below 4 degrees fahrenheit shall be paid thirty cents per day extra.

(c) A worker required to work in a freezer chamber shall be supplied by the employer free of cost with a freezer suit with hood attached, freezer gloves and suitable freezer boots.

(d) No worker shall be required to work in a freezer chamber longer than sixty minutes continuously without a break outside of at least five minutes.

(e) Each freezer chamber shall have an effective escape hatch fitted.

(7) Drivers of motor vehicles (margin over male basic wage per week): (a) (i) Not exceeding 25 cwt. capa-

city 8.60 (ii) Exceeding 25 cwt. and not ex-

ceeding 3 tons capacity .... 10.10 (ill) Exceeding 3 tons and under 6

tons 11.70 (iv) For each complete ton over 5

tons capacity, twenty-five cents additional margin, provided that the maximum amount shall not exceed four dollars.

(v) Drivers of loaded motor wagons (except tractors) drawing a loaded trailer also (not to include a mechanical horse) forty cents per day extra.

(b) Driver of fork lift 8.45 (c) Driver of articulated vehicles .... 14.20

Exceeding 8 tons capacity for each complete additional ton, twenty- five cents additional margin provided that the maximum amount shall not exceed five dollars.

(8) Junior workers (per cent, of male basic wage per week):

% (a) Junior males may only be em-

ployed in establishments handling meat for sale by wholesale, auc- tion or processing for export and as counterhands.

Males— Under 18 years of age ... 60 18 to 19 years of age .... 70 19 to 20 years of age .... 90 20 to 21 years of age .... 100

(b) Females (per cent, of female basic wage per week):

15 to 16 years of age 40 16 to 17 years of age .... .... 50 17 to 18 years of age 60 18 to 19 years of age 70 19 to 20 years of age 85 20 to 21 years of age 95


(9) Apprentices (per cent, of male basic wage per week): (a) Five-year term—

First year Second year Third year Fourth year .... Fifth year

(b) Four-year term— First year Second year .... Third year ... Fourth year ...

(c) Three-year term— First year Second year Third year

SO 100 + $3.82

Third year ... . . 90 Fourth year 100 + $3.82

(c) Three-year term— First year 55 Second year ... 90 Third year 100 + $3.82

(10) Casual workers shall be paid a proportion of the ordinary weekly rate calculated on the number of hours actually worked plus twenty per cent, of such amount, with a minimum engagement of seven hours, except that on the weekly half holiday it shall be five hours,

(11) Part time workers shall be paid a proportion of the ordinary weekly rate calculated on the number of hours actually worked plus ten per cent, of such amount and shall be employed on a weekly contract of service as per clause 7 hereof.

(12) Adult male leading hands (i.e., in charge of two or more workers) shall receive seventy cents per day extra.




(1) Basic Wage (per week): $ Adult males .... 33.50 Adult females 25.13

(2) Adult males (margin per week): First month's experience in industry 8.80 Thereafter 13.60 Adult females .... ... 8.80

(3) Junior workers (per cent, of male or female basic wage per week): (a) Males— %


(b) Females— Under 16 years of age 16 to 17 years of age 17 to 18 years of age 18 to 19 years of age 19 to 20 years of age 20 to 21 years of age

MEAT INDUSTRY. (Sausage Casing Manufacturing.1



No. 82 of 1967. Between West Australian Branch, Australasian

Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Aus- tralian Casing Company Pty Ltd, Respondent.

HAVING heard Mr M. Burns on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Indus- trial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Meat Industry (Sausage Casing Manufacturing) Award, No. 42 of 1956, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


MEAT INDUSTRY. (Export and Local Consumption.)




Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Hon. Minister for Agriculture, Anchorage Butchers Limited, and another, Respondents.

HAVING heard Mr M. Burns on behalf of the applicant, Mr L. E. Boyian on behalf of the Hon. Minister for Agriculture and Mr H. J. De Burgh on behalf of the private employer respondents, and by consent, I, the undersigned, Chief Indus- trial Commissioner of The Western Australian In- dustrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitra- tion Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Meat Export and Local Consump- tion (Thomas Borthwick and Sons, Albany) Award, No. 48 of 1955, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



[L.S.] (Sgd.) S. F. SCHNAARS, Commissioner.


Schedule. Clause 31—Wages: Delete this clause and Insert

in lieu thereof the following:— 31.—Wages.


(1) Basic wage (per week): $ Male 33.50 Female 25.13

Notwithstanding any alteration in the basic wage the tally work rate herein prescribed shall remain constant, provided, however, that should the basic wage rise or fall the total daily earnings of the tally worker shall be reduced or increased to the extent of one- fifth of the variation in the basic wage.

(2) Adult males (margin per week): (a) Cattle and calves— $

Slaughterman 13.80 Knocker 12.30 Shackler hoister 12.30 Bleeder .... 12.30 Hide checker and header .... 12.30 Trimmer 12.30 Index man 12.30 Dehorner and tonguer 12.30 Viscera separator 9.45 All others 7.35

(b) Head ring— Head trimmer 10.95 Checker and tonguer 10.95 Jaw puller and head splitter . . 10.95 All others 7.35

(c) Hide salting— Leading hand 9.95 Hide salter 8.00

(d) Sheep, Lambs and Goats— Slaughterman 13.80 Spreader inserter 8.80 Gambrel inserter 8.80 Trimmer 8.00 Chain feeder and/or pusher .... 7.35 All others 7.35

(e) Pigs— Slaughterman 13.80 Trimmer 8.00 All others 7.35

(f) Livestock and yard gang— Stockmen and penner up .... 7.35 All others 3.90

(g) By-products, tallow section and others—

Scales tally clerk 9.70 Tripe cleaner 8.00 Chiller hands 7.35 All others 7.35

(h) Cold storage section— (i) Cold chamber hand, i.e. a

worker who is required to work in a temperature between 28 and 4 degrees fahrenheit .... 10.20

(ii) All others 7.35 (iii) A worker required to work be-

low 4 degrees fahrenheit shall be paid five cents per hour whilst so employed.

(iv) Leading hand, i.e. in charge of two or more workers shall receive seventy cents per day above the rate prescribed in subclauses (h), (i) and (h), (ii) hereof.

$ (i) Boning section—

Leading hand 15.00 Boner (specified or piecemeat

boning) 13.70 Boner (straight boning) .... 12.30 Slicer and/or trimmer 10.20 Sawyer 7.55 All others 7.35

(3) Tally rates slaughtermen: (a) Cattle'—all cattle other than cal-

ves, bulls and stags 79.86 cents per head.

(b) Sheep and lambs—all sheep and lambs other than rams and stags 15.36 cents per head.

(c) Goats— Nanny goats 24.09 cents per head. Billy goats 33.26 cents per head.

(d) Calves—the existing rates and practice of killing, calves on the mutton chain at Borthwicks, Albany shall continue.

(4) Adult female workers— (a) Spotter, a worker who may use a

knife, shears or scissors to remove hair dirty pieces of sinew and fat but shall not trim or slice as classified 6.40

(b) Packers and wrappers, i.e. workers who wrap or pack fresh meat or smallgoods in paper cartons or other wrapping material 4.20

(c) A female worker who performs duties other than those in classifications (a) and (b) hereof, shall be paid the same margin as is prescribed for adult males for the appropriate class of work.

(d) Females appointed as leading hands by an employer shall be paid in addition—

If placed in charge of less than three workers 0.75

If placed in charge of three or more but less than ten workers 1.50

If placed in charge of ten or more workers 3.00

(5) The minimum rate of wage to be paid to junior workers shall be (per cent. of basic wage): %

Under 17 years of age .. 50 17 to 18 years of age 624- 18 to 19 years of age 75 Over 19 years of age 100

MEAT INDUSTRY. (Kalgoorlie State Abattoirs.)



Between West Australian Branch, Australasian Meat Industry Employees' Union Industrial Union of Workers, Perth, Applicant, and Hon. Minister for Agriculture, Respondent.

HAVING head Mr M. Burns on behalf of the applicant and Mr L. E. Boylan on behalf of the respondent, and by consent, I, the undersigned, Chief In- dustrial Commissioner of The Western Australian


Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Kalgoorlie State Abattoir Award, No. 9 of 1965, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


IL.S.l Commissioner.


(2) from this clause and insert in lieu thereof, the following:—

$ (1) Basic Wage (per week) 33.50 (2) Margins—Adult Males (per week over

basic wage): Slaughterman in charge 17.20 Slaughterman 13.80 Slaughterfloor labourer 6.90 By-product worker 6.90 Knocker down 11.40 Chiller tally clerk 13.05 Gut runner 11.40 Stockman 6.90

MEAT INDUSTRY. (Cattle Slaughtering—Midland Junction

Abattoirs.) Award No. 11A of 1966.



Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Mid- land Junction Abattoir Board, Respondent.

HAVING heard Mr M. Burns on behalf of the applicant and Mr L. E. Boylan on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Aus- tralian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Meat Industry (Cattle Slaughter- ing—Midland Junction Abattoir) Award, No. 11A of 1966, be and the same is hereby amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. 1. Clause 11.—Wages: Delete this clause and

insert in lieu thereof:— 11.—Wages.

The minimum rates of wages to be paid to members of the slaughtering team, except when those duties can be and are performed by a junior worker

and otherwise to adult workers covered by this award, shall be as follows:—

$ (1) Basic wage (per week) 33.50 (2) Classification (margin per week):

(a) Slaughtering team— (i) Class A 17.30 (ii) Class B 11.50 (hi) Class C .... 8.80

(b) Head ring— (i) Cheeker and tonguer 10.95 (ii) Jaw puller 10.95

(hi) Head splitter 10.95 (iv) Washer 8.80

(c) Index man 12.30 (d) Tally clerk 9.70 (e) Trimmer (of sides or of offal) .... 8.80 (f) Viscera separator in paunch bay

or on viscera table 9.45 (g) Washer of sides 8.80 (h) Hides—

(i) Leading hand 12.30 (ii) Hide salter 9.10

(i) Lowerator attendant and washers and cleaners of the slaughterfloor and other sections of the works in which other workers covered by this award are employed 7.35

2. Clause 12—Minimum Wage: Delete this clause and insert in lieu thereof—

12.—Minimum Wage. Notwithstanding anything elsewhere contained in

this award on any day the ordinary wage of an adult worker, employed as a knocker, shackle- hoister, header, or as a trimmer (whether or not employed as a member of the slaughtering team) for whom a margin of eleven dollars and twenty cents per week was prescribed in Award No. 45 of 1955 as amended, shall be no less than eight dollars and ninety four cents for that day.

3. Clause 13—Junior Workers: Delete this clause and insert in lieu thereof:—

13.—Junior Workers. (1) The minimum rates of wages to be paid to

junior workers covered by this award shall be— (a) If a member of the slaughtering team in ac-

cordance with the provisions of clause 17, Duties and classification of Slaughtering team—

Per cent, of basic wage: % Under 17 years of age 60 17 to 18 years of age 70 18 to 19 years of age 90 19 to 20 years of age 100

Margin over basic wage: $ 20 to 21 years of age 4.40

(b) Otherwise (per cent, of basic wage): % Under 17 years of age 50 17 to 18 years of age 62J 18 to 19 years of age 75 19 years of age or over 100

(2) No junior shall be required to lift weights in excess of the following:—

Under 16 years of age 40 lb. Under 17 years of age 60 lb. Under 18 years of age 80 lb.

(3) (a) In the event of the employer engaging a junior worker on any work (except that included as part of the duties of the slaughtering team) which has previously been performed exclusively by adult workers the union may refer the matter to

(4)—33512

106 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE: 22 March, 1967.]

the Board of Reference to determine whether in the circumstances that work is suitable for a junior worker and should be performed.

(b) Should the Board of Reference determine that the work may be performed by a junior worker it may do so unconditionally or subject to such conditions as it deems fit.

METAL TRADES. (Fremantle Port Authority.)



Between Coastal District Committee Amalgamated Engineering Union Association of Workers; Electrical Trades Union of Workers of Aus- tralia (Western Australian Branch), Perth; and State Executive, Australasian Society of Engineers' Industrial Association of Workers, Applicants, and Fremantle Forth Authority, Respondent.

HAVING heard Mr J. H. Mutton on behalf of Coastal District Committee Amalgamated Engin- eering Union Association of Workers; Mr R. Fletcher on behalf of Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth; and Mr M. Jahn on behalf of State Execu- tive, Australasian Society of Engineers' Industrial Association of Workers, applicants, an Mr J. Collins on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Fremantle Harbour Trust (Metal Trades Employees) Award, No. 23 of 1953, as amended, be and the same is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 27th day of January, 1967. [L.S.] (Sgd.) S. F. SCHNAARS,

Commissioner.

Schedule. 1. First Schedule—Rates of Pay: Delete para-

graph (i) and (ii) and insert in lieu thereof:— $

(i) Basic Wage (per week) 33.50 (ii) Classifications and margins per week:

(1) Toolmaker 18.50 (2) Blacksmith—in workshop .... 16.00 (3) Blacksmith—on construction work 15.50 (4) Fitter 15.50 (5) Turner 15.50 (6) Battery Fitter 15.50 (7) Machinist first class 15.50 (8) Machinist second class 8.40 (9) Machinist third class 6.10

(10) Welder Special class 17.00 (11) Welder First class 15.50 (12) Welder Second class 6.10 (13) Welder Third class 5.15 (14) Automotive electrical fitter .... 15.50 (15) Motor mechanic 15.50 (16) Electrical fitter and/or armature

winder 15.50

$ (17) Cable jointer 11.70 (18) Electrical installer 15.50 (19) Electrical linesman 9.45 (20) Sand blasting—shot blast or sand

blast dresser who is not protected from flying shot or sand by a properly enclosed cabin 7.90

(21) Tool storeman 4.15 (22) Blacksmith's striker 4.15 (23) Trades assistant 4.15

2. Clause 22—Special Rates and Provisions; Delete paragraph (1) hereof and insert in lieu thereof

(1) Leading Hands: A leading hand placed in charge of—

(a) Not less than three and not more than ten other workers, two dollars thirty cents per week extra.

(b) More than ten and not more than twenty other workers, four dollars and forty-five cents per week extra.

(c) More than twenty other workers, six dollars and sixty-five cents per week extra.

METAL TRADES. (Metropolitan Transport Trust.)

Awards Nos. 37, 38 and 39 of 1960. BEFORE THE WESTERN AUSTRALIAN


Between Amalgamated Engineering Union of Workers, Perth Branch, and others. Appli- cants, and Metropolitan (Perth) Passenger Transport Trust, Respondent.

HAVING heard Mr J. H. Mutton on behalf of the Amalgamated Engineering Union of Workers, Perth Branch, Mr R. Fletcher on behalf of Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth, and Mr M. Jahn on behalf of State Executive, Australasian Society of Engineers, Industrial Association of Workers, applicants, and Mr R. Lane on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Austra- lian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Metal Trades (Metropolitan (Perth) Passenger Transport Trust) Award, Nos. 37, 38 and 39 of 1960, as amended, be and the same is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 27th day of January, 1967. [L.S.l (Sgd.) S. F. SCHNAARS,

Commissioner.

Schedule. 1. Clause 27.—Rates of Wages: Delete subclauses

(a) and (b) and insert in lieu thereof the following— $

(a) Basic Wage (per week): 33.50 (b) Adult Males (margin per week):

(1) Battery fitter 15.50 (2) Blacksmith 15.50


$ (3) Electrical fitter and armature

winder 15.50 (4) Fitter and/or turner 15.50 (5) Machinist first class 15.50 (6) Fitter after twelve month's service

in diesel injector room 16.15 (7) Motor mechanic 15.50 (8) Welder—special class 16.55 (9) Welder—first class 15.50

(10) Welder—second class 6.10 (11) Welder—third class 5.15 (12) Welder—fourth class 4.40 (13) Steam cleaner 6.40 (14) Blacksmith's striker 4.15 (15) Tradesman's assistant 4.15 (16) Tool and material storeman .... 4.15

2. Clause 20—Special Rates and Provisions: Delete subclauses (a) (i), (ii) and (iii) and insert in lieu thereof the following:—

(a) Leading Hands: A leading hand placed in charge of—

(i) not less than three and not more than ten other workers shall be paid at the rate of two dollars and thirty cents per week extra;

(ii) more than ten and not more than twenty other workers shall be paid at the rate of four dollars and forty five cents per week extra;

(iii) more than twenty other workers shall be paid at the rate of six dollars and sixty five cents per week extra.

MOULDERS. (Government.)



Between Federated Moulders (Metals) Union of Workers, Perth, Applicant, and Minister for Works, and others. Respondents.

HAVING heard Mr B. O'Connor on behalf of the applicant and Mr L. Pilgrim on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Indus- trial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Moulders' (Government) Award, No. 19 of 1930, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. LL.S.i (Sgd) S. F. SCHNAARS,

Commissioner.

Schedule. Clause 24—Wages: Delete subelause headed

"Leading Hands" and insert in lieu thereof:— "Leading Hands." Leading hand means any

tradesman placed in charge of three or more other workers. A leading hand shall be paid such extra rate as hereinafter prescribed:—

(a) When in charge of not less than three and not more than ten other workers he shall be paid two dollars and thirty cents per week extra.

(b) When in charge of more than ten and not more than twenty other workers, he shall be paid four dollars and forty five cents per week extra.

(c) When in charge of more than twenty other workers, he shall be paid six dollars and sixty five cents per week extra.

MUNICIPAL AND ROAD BOARD EMPLOYEES. (Metropolitan.)

(Award No. 1 of 1948.) BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION No. 169A of 1966.

Between: Western Australian Municipal, Road Boards, Parks and Racecourse Employees' Union of Workers, Perth, Applicant, and City of Perth, and others. Respondents.

HAVING heard Mr P. L. J. Norris on behalf of the applicant and G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of the Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Municipal and Road Board Employees' (Metropolitan) Award, No. 1 of 1948, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule Clause 24.—Wages: delete this clause and insert



wages payable to workers covered by this award:— (1) Basic Wage (per week) $

Adult males 33.50 (2) Adults (Classification and margin

over male basic wage per week): (a) Sanitary service workers—

(i) Pan removers 10.40 (ii) Depot hands 9.60 (iii) Rubbish and dust carters

(horse drawn vehicles) who actually handle rubbish .... 6.90

(iv) Tipmen 5.10 (v) Male attendants at public

latrines (7 day week) .... 5.10 (vi) Motor truck drivers on

sanitary work 14.50 (vii) Garbage drivers (motor) shall

be paid one dollar ninety cents per week in addition to the appropriate vehicle driver's rate in (b) and (c) hereof.

(viii) Horse drivers on sanitary work 10.40

(ix) Assistants on rubbish or dust lorries or trucks 6.20


(b) Motor vehicle drivers— $ (i) Not exceeding 25 cwt. capa-

city 7.80 (ii) Exceeding 25 cwt. and not

exceeding 3 tons capacity .... 9.30 (iii) Exceeding 3 tons and under

6 tons capacity 10.80 For each complete ton over

5 tons capacity, twenty-five cents additional margin. Provided that the maximum amount shall not exceed four dollars.

(iv) Drivers of loaded motor wagons (except tractors) drawing a loaded trailer also (not to include a mechanical horse) forty cents per day extra.

(v) Drivers of articulated vehicles—not exceeding 8 tons capacity 13.10

Exceeding 8 tons capacity: - For each complete additional ton, twenty five cents additional margin: Pro- vided that the maximum amount shall not exceed five dollars.

(vi) Drivers—machinery float having makers capacity of 8 tons or less 14.30

For each complete additional ton, twenty five cents additional margin: Pro- vided that the maximum amount shall not exceed five dollars.

(c) Machine drivers— (i) Oil driven power road roller 9.30

(ii) Footpath roller operator .... 8.70 (iii) Vibrator roller operator

(hand) 6.70 (iv) Tractors without power

operated attachments or with power operated attachments not in use— (a) 50 brake horsepower and

under 8.40 (b) Over 50 brake horsepower 9.30

(v) Tractors while using power operated attachments—

(a) 35 brake horsepower and under 9.30

(b) Over 35 brake horsepower and not exceeding 70 brake horsepower .... 11.10

(c) Over 70 brake horsepower and not exceeding 130 brake horsepower .... 12.30

(d) Over 130 brake horsepower 13.70

(vi) Front end and overhead loaders: Appropriate tractor margin.

(vii) Loader—mechanical bucket type truck or tractor mounted 9.30

(viii) Power graders— (a) Drawn type, power

operated control .... 11.25 (b) Single unit—40 brake

horsepower and under .... 10.25 (c) Single unit—over 40

brake horsepower .... 11.85

(ix) Articulated scraper—self $ powered— (a) Under twenty cubic yards

capacity 12.60 (b) Twenty cubic yards to

thirty cubic yards capacity 14.20

(c) Over thirty cubic yards capacity 16.00

(x) Steam roller driver 9.70 (xi) Air compressor operator .... 4.90

(xii) Water flusher driver, street cleaning machine operator or Auto Eductor driver— (a) 35 brake horsepower and

under 9.25 (b) Over 35 brake horsepower

to 70 brake horsepower .... 11.05 (c) Over 70 brake horsepower

to 130 brake horsepower 12.30 (d) Over 130 brake horse-

power 13.70 Provided that the afore-

mentioned brake horsepower ratings shall relate only to the prime motive engine of the equipment.

(xiii) Mechanical shovelman or bin attendant 7.65

(xiv) Drivers of mobile cranes with lifting capacity— (a) 5 tons or less 8.70 (b) Over 5 tons but not

more than 10 tons .... 9.60 (c) Over 10 tons but not

more than 20 tons .... 10.80 (xv) Driver of fork lift .... 8.45

(xvi) Driver of mechanical horse with or without tractor .... 12.05

(xvii) Driver of portable petrol driven cross cut or circular saw 6.70

(xviii) Men operating steam cleaner 6.55 (xix) Gullyhole eductor operator

assistant 5.65 (xx) Garage assistant (City of

Perth) 8.60 (xxi) Operator of levelling and

finishing unit (Barber Greene) 11.10

(d) Gardeners— (i) Propagator 6.10 (ii) Nurserymen, first class

gardeners appointed as such by the employer and street tree pruners and/or loppers 5.90

(iii) Gardeners planting out and attending flower beds and assistant nurseryman .... 4.70

(iv) Others including workers in attendance on reserves, parks and plantations and men using scythe 4.15

(v) Bowling green keepers .... 10.20 (vi) Bowling green assistants .... 4.15 (vii) Golf green keepers (18

holes) 10.20 (viii) Golf green keepers (9 holes) 8.60 (ix) Tennis court keepers .... 9.00 (x) Tennis court assistants .... 4.15 (xi) Turf wicket keepers .... 9.00 (xii) Hand motor mowers .... 4.90

(xiii) Hand rotary hoe and operators of other machines .... 4.90


(e) Sweepers— $ (i) On orderly work with hand

scoop 4.90 (ii) Others 4.90

(iii) Pickers up 4.10 (iv) Pickers up (Be tidy bins) .... 6.20

(f) Drainage Workers— (i) Pipe layer and jointer and

setter 9.40 (ii) Timberman 4.90 (iii) Others 4.10

(g) Quarrymen— (i) Powder monkey 8.50

(ii) Crusher feeder 6.85 (iii) Jackhammerman 5.90 (iv) Man barring down .... 5.90 (v) Spaller 5.90 (vi) Plant attendant 8.50 (vii) Man filling wagon under bin 5.90

(viii) Jumperman or hammer and drillman 5.90

(h) Bitumen workers— (i) Tar, bitumen or bituminous

emulsion mixing machine .... 7.70 (ii) Manufacturing bituminous

emulsions 7.70 (iii) Spreading premix on roads or

footpaths 7.70 (iv) Dragmen 7.70 (v) Topmen weighing metal and.

bitumen for bituminous emulsions (high temperature mixing machine) 11.80

(vi) Feeding bituminous mixer (metal) 6.85

(vii) Feeding bituminous mixture (filler) 6.85

(viii) Cutting, feeding or heating 6.85 (ix) Spreading bituminous mix-

tures 8.80 (x) Bitumen screed hand levelling

off bituminous concrete .... 8.80 (xi) Trimming road surfaces to

shape and grade after initial spreading of metal and prior to spraying 5.90

(xii) Sweeping roads and/or spreading metal before and after tar or bitumen spraying 5.90

(xiii) Sealing iron operator .... 8.80 (xiv) Operator of metal spreading

machine 6.50 (xv) Impactor operator 5.90

(i) Kerb and Path Hands— (i) Wood kerber 9.40 (ii) Gravel and stone lump kerb

layers 5.90 (iii) Concrete slab layer .... 9.05 (iv) Concrete kerb layer .... 9.05 (v) Concrete finisher 8.30 (vi) Concrete slab and kerb

makers 6.80 (vii) Concrete screed hands and

slab kerb layers' assistants 4.10 (viii) Workers mixing, wheeling

and packing concrete (including mixing machine) .... 4.10

(j) Road workers and depot hands— $ (i) Road workers and depot men 4.10

(ii) Hammer and gadmen break- ing up roads and footpaths 5.90

(iii) Knappers on roads or footpaths 4.10

(iv) Spallers on roads or footpaths 4.10

(k) Ploughmen (not drivers)—when ploughing with a tractor or truck 4.90

(1) Scoopmen—Mechanically hauled scoop or grader 5.90

(m) General— (i) Sand and/or gravel pitman 4.10

(ii) Axeman 4.10 (iii) Broad axeman 11.15 (iv) Jack hammerman and pneu-

matic drillman 5.90 (v) Night watchmen 6.10 (vi) Tree fallers (native trees) 4.90

(vii) Sprayers or fumigators of noxious weeds and/or pests, vermin, mosquitos or ants or workers employed in destroy- ing blackberry bush and box- thorn 6.70

(viii) Storeman .... 7.60 (n) Grave diggers and exhumations—

Grave diggers 11.60 Exhumations—

(i) Any worker who opens and/ or enters a grave for the purpose of an exhumation shall be paid four dollars forty cents for the first body lifted and two dollars twenty cents for each subsequent body lifted.

(ii) In the case of two or more workers being required to perform the task or tasks referred to in subclause (i) hereof the amount of seven dollars sixty cents shall be equally divided amongst the workers so engaged.

(o) Workers not elsewhere classified 4.10

NON-FERROUS METALS. (Metal Manufacturers (W.A.) Pty Ltd.)


INDUSTRIAL CCOMMISSION. No. 153 of 1967.

Between the State Executive Australasian Society of Engineers Industrial Association of Workers, Applicant, and Metal Manufacturers W.A. Pty Ltd, Respondent.

HAVING heard Mr M. Jahn on behalf of the applicant and Mr D. Hosking on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Non-Ferrous Metals (Metal Manu- facturers (W.A.) Pty Ltd) Award, No. 21 of 1963, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the


first pay period commencing on or after the date hereof.





$ (1) Basic Wage (per week) 33.50 (2) The minimum rates of wages payable

to adult male workers covered by this award shall be the following margins added to the basic wage as prescribed from time to time:— Adult Male Workers (margin per

week): Wire—

Annealer 5.30 Tandem driver 5.30 Die cleaner 5.30 Drum assembler 5.30 Cone machine operator 4.80 Strander driver 4.80 Examiner 4.80 Tandem driver's assistant .... 4.20 Circular sawyer 4.20 Wire welder 4.20 Strander attendant 4.20 Wire winder 3.70 General hand 3.70

Tradesman and General—• Fitter 15.50 Weigher and Recorder (Ware-

house) 5.30 Tradesman's assistant 4.20 Tool and material storeman .... 4.20 Unskilled workers not elsewhere

classified 0.30 (3) Junior Male Workers (per cent, of

basic wage): % Under 16 years of age 25 Between 16 and 17 years of age .... 35 Between 17 and 18 years of age .... 45 Between 18 and 19 years of age .... 60 Between 19 and 20 years of age .... 75 Between 20 and 21 years of age .... 90

NURSES AWARD (Public Hospitals.)

No. 23 of 1963. BEFORE THE WESTERN AUSTRALIAN


Between the Royal Australian Nursing Federation (West Australian Branch) industrial Union of Workers, Perth, Applicant, and the Hon. Min- ister for Health, and others, Respondents. Before the Chief Industrial Commissioner,

S. F. Schnaars, Esq. The 17th day of February, 1967.

Mr D. Giles appeared on behalf of the applicant. Mr L. Hitchen appeared on behalf of the re-

spondents. Judgment.

MR COMMISSIONER SCHNAARS: In this matter the Royal Australian Nursing Federation has sought an amendment to Award No. 23 of 1963, as amended.

The application is for the purpose of giving effect to the wage adjustment formula recently prescribed by the Commonwealth Commission and adopted by this Commission as a general basis of wage movement.

In dealing with what might be termed a test case on this matter I had ruled (and that decision has virtually been accepted by most of the parties who appear before us) that a new wage adjustment which had been initiated by the Commonwealth Commission after full consideration of the economy, not only of one State but of all States (in other words, of the Commonwealth) should be applied to awards and industrial agreements within the jurisdiction of this Commission.

I indicated in that decision that the formula should now be given application in Western Aus- tralia in the same manner as previous formulas of the Commonwealth Commission have been given application in this State and should only be rejected where special circumstances could be established to clearly indicate why the adjustment should not be made.

In this particular instance Mr Hitchen, on behalf of the Minister and the various Hospital Boards that are concerned, has indicated that in their opinion there are special circumstances why a wage adjustment, resulting from the application of a formula, should not be applied to this award. In support of that contention Mr Hitchen referred to the manner in which wage rates in this award have been previously based on New South Wales rates, and he referred to the decision on that matter reported in Volume 39, W.A.I.G. at p. 399. How- ever, Mr Hitchen also recognised that in a later decision (Volume 44, W.A.I.G., p. 765) the margins prescribed were no longer based substantially on New South Wales and were not specifically related to any particular rate in Australia, although the margins assessed were arrived at after consideration of rates applying generally throughout Aus- tralia.

Following the 1964 decision an application came before the Commission for the 14 per cent, formula to be applied, and the respondents to this award opposed the application of that formula substantially on the same grounds as they have opposed it on this occasion. However, the Commission then decided that the formula should be given application and a decision was made accordingly.

The main proposition advanced today in opposition to the application is that the formula has not been given general application to nurses elsewhere in Australia and, at this particular stage, it has only been applied to nurses in Victoria.

I do not consider that it is necessary in an application of this nature to wait until nurses every- where else throughout Australia have received the adjustment before applying it in this State. We have made it quite clear that in our opinion this formula adjustment, in which it is recognised that the economy of Australia can withstand an increase of the nature sought, should be given general application. I do not consider that there are, in fact, special circumstances existing why nurses in West- em Australia should not benefit by the wage adjustment which has given fairly general application to other workers in Western Australia and to other workers elsewhere in Australia.

The application of the formula to this award would not bring the rates in this State so out of line with rates elsewhere as to make the new rates unreasonable. For example, the present rates for nurses are slightly less than the rates in New South


Wales. The application of a formula would make them slightly higher than applying in that State, but would still leave the rates for nurses in W.A. below those in Victoria.

I do not consider that the formula application will bring about an unreasonable standard for nurses in this State and its application should not be deferred for the purpose of making the applicant rely on what has been their normal procedure in wage applications other than for formula adjustments, to substantiate claims on principles related to comparative wage justice.

These are not applications where principles of comparative wage justice become involved to any substantial extent, unless the application of the formula would bring about rates so unreasonable as to make them unjust under all the circumstances. The application of the formula to this award would not bring about that result and accordingly I grant the application to amend this award in accordance with the schedules submitted, but subject to any corrections which may be suggested at the speaking to the minutes.

Order accordingly.


No. 51 Of 1967. Between the Royal Australian Nursing Federation

(Western Australian Branch) Industrial Union of Workers, Perth, Applicant, and Hon. Minis- ter for Health, Board of Management of Prin- cess Margaret Hospital, and others, Respond- ents.

HAVING heard Mr D. Giles on behalf of the applicant and Mr L. Y. Hitchen on behalf of the respondents, I, the undersigned, Chief Industrial Com- missioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Nurses (Public Hospitals) Award, No. 23 of 1963, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. Schedule 1—Wages: Delete and insert in lieu

thereof:— Schedule 1.

Wages. (1) Basic Wage (per week): $


(2) Student Nurses—Female (per cent, of female basic wage): %

First year 52i Second year 60 Third year 68 Fourth year 84

% (3) Student Nurses—Male (per cent, of

male basic wage): First year 50 Second year 65 Third year 80 Fourth year 95

Provided that a student who is a mar- ried man shall upon proof of his mar- riage, be paid a total wage (i.e. cash wage plus board and lodging allowance) equivalent to the basic wage for the time being in force.

(4) Student Nurses for Special Certificate (margin over basic wage): $ (a) Trained Nurses—

(i) Midwifery Certificate 10.30 (ii) Infant Health Certificate .... 10.30 (iii) Dental Nursing Certificate .... 10.30

(b) Others— First year—48 per cent, of female

basic wage. Second year—56! per cent, of female

basic wage. (5) Qualified Nurses:

(1) Midwifery Nurse without General Certificate—

First year 13.35 Thereafter 14.15

(2) Staff Nurse or Junior Sister— First year 14.15 Second year 15.00

(3) Sister employed in hospitals with not less than two years' hospital experience after registration either as a Staff Nurse and or Junior Sister—

First year 16.60 Second year 17.35 Thereafter 18.10

(4) Clinic Sister, Training Schools— First year 17.35 Second year 18.10 Thereafter 18.95

(5) Sister in Charge of Geriatric and Psychiatric Wards other than Training Schools—


(6) (a) Home Sister in Nurses' Home with up to 250 nurse residents—


(b) Home Sister in Nurses' Home with over 250 nurse residents—


(7) (a) Sister in Charge of a Ward and/or Department of a Training School or at Bunbury Hospital and Sister in Charge of Maternity Ward and/ or Labour Ward at Kalgoorlie Hos- pital—

. First year 20.70 Thereafter 22.90 Provided that previous exper-

ience as a Sister in Charge of a Ward or department in any training school covered by this award shall count as experience.

112 [22 March, 1967.

$ (b) After live consecutive years' ser-

vice as a Sister in Charge of a Ward, with the same employer .... 24.15

Provided that where a Sister in Charge of a ward is temporarily transferred to another position to meet the requirements of an employer, service in such other position shall count as service as Sister in charge of a Ward.

(8) Sister Training Dental Nurses, Perth Dental Hospital—


(9) Senior Sister of Outpatients' or other Departments where more than five trained staff are employed—


(10) Sister in Charge of Outpatients' or other Departments and Wards where five or less trained staff are employed—


(11) Sister in Charge of Outpatients' or other Department where more than five and under ten trained staff are employed—


(12) Sister in Charge of Outpatients' or other Department where more than 10 trained staff are employed—


(13) Theatre Sister employed in major theatres of Training Schools and Sister in Charge of Casualty Theatre, Fre- mantle Hospital—


(14) Sister in Charge of less than three major theatres—


(15) Sister in charge of three, four or five major theatres and the major theatre blocks at Princess Margaret and Fre- mantle Hospitals—


(16) Sister in Charge of major theatres, six and over—


(17) Sister in Charge of Labour floor with major theatre in Maternity Training School—


(18) (a) Afternoon Superintendent—■ (b) Senior Sister in hospital of up to

thirty bed average— (c) Relieving Sister for Departmental

Hospitals— First year 20.95 Thereafter 23.15 Provided that the Relieving

Sister shall not receive a lesser wage than the employee she is relieving.

(19) Night Superintendent— $ (a) Under 100 beds—


(b) Not less than 100 and under 300 beds—


(c) Over 300 beds— First year 28.60 Thereafter 30.80

(20) (a) Health Services Sister and Senior Sister in a hospital of over 30 to 150 bed average—


(b) Senior Sister in a hospital of over 150 bed average—>


(21) Tutorial Staff: (a) Principal Tutor at Royal Perth

Hospital— First year 47.55 Second year 49.35 Thereafter 51.15

(b) Principal Tutor (except at Royal Perth Hospital) —

First year 40.75 Second year 42.55 Thereafter 44.38

(c) Senior Tutor at Royal Perth Hos- pital—

First year 34.75 Second year 36.55 Third year 38.35 Fourth year 40.15 Fifth year 41.95

(d) Other Tutor and Clinical Instruc- tors holding a Tutor Diploma from a recognised College of Nursing or University—

First year 26.90 Second year 30.15 Third year 33.30 Fourth year 35.75 Fifth year 38.15

(e) Other Tutor and Clinical Instruc- tors—

First year 18.40 Second year 21.65 Third year 24.80 Fourth year .... 27.25 Fifth year 29.65 Provided that a Nurse shall not

be paid a lower margin than she was receiving prior to her appointment as Clinical Instructor.

(22) Deputy Matron, Dental Hospital .... 27.75 (23) Deputy Matron, Mt. Henry 28.55 (24) Assistant Matron, Royal Perth Hos-

pital 38.20 (24a) Assistant Matron, Princess Margaret,

Fremantle and King Edward Memor- ial Hospitals 32.70

(25) (a) Deputy Matron, Kalgoorlie and Wooroloo Hospitals 38.20

(b) Deputy Matron at Departmental Metropolitan Hospitals and Coun- try Hospitals other than Kalgoor- lie or Wooroloo 26.50


(26) Deputy Matron at major metropolitan $ hospitals other than Royal Perth Hos- pital 38.20

(27) Deputy Matron, Royal Perth Hospital 49.10 (28) Sub-Matron, Royal Perth Hospital

Annexe 43.30 (29) Senior Assistant Matron, Royal Perth

Hospital 43.30 (30) Matron at hospitals with an adjusted

bed average of— (a) Under 5 beds 24.90 (b) 5 and under 10 beds 28.00 (c) 10 and under 20 beds 31.20 (d) 20 and under 50 beds 34.20 (e) 50 and under 100 beds 39.50

(30a) Matron, Knutsford Hospital 28.00 (31) Matron, Sunset 35.30 (32) Matron, Dental Hospital 40.50 (33) Matron, Mt Henry 41.50 (34) Matron, Kalgoorlie and Wooroloo

Hospitals 49.90 (35) Matron, at major metropolitan hos-

pitals other than Royal Perth Hospital 49.90 (36) Matron, Royal Perth Hospital 65.15 (37) Sister in Charge of Hospital Annexe of

General Children's or Maternity Hos- pitals— (a) Under 100 beds-


(b) Over 100 beds— First year 24.40 Thereafter 26.40

(38) Sister in Charge of a private wing at major metropolitan hospitals other than Royal Perth Hospital—


PAINT AND VARNISH MAKERS. Award No. 22 of 1957.


No. 3 Of 1967. Between Federated Miscellaneous Workers' Union

of Australia, West Australian Branch, Union of Workers, Applicant, and Lewis Berger & Sons (W.A.) Pty Ltd, and others. Respondents.

Before Chief Industrial Commissioner S. F. Schnaars, Esq.

The 3rd day of February, 1967. Mr W. Latter appeared on behalf of the appli-

cant. Mr D. Hosking appeared on behalf of the res-

pondents. Judgment.

THE COMMISSIONER: This is an application by the Federated Miscellaneous Workers' Union to amend Award No. 22 of 1957, an award binding Lewis Berger & Sons and others engaged in the paint and varnish industry. The application seeks to apply the formula as recently approved by this Commission.

Mr Hosking strongly objected on behalf of his principals to the application of the formula. He outlined the manner in which the award was amended in December 1966 and contended that the increases then agreed upon brought the now existing rates to a higher amount than would apply if the formula were now applied to the rates applying to 2nd December.

This may well be the position and undoubtedly it is a statement of fact. The rates then agreed upon no doubt took into consideration rates applying elsewhere in the same industry or, if they did not take that into consideration, they would no doubt take into consideration wage rates applying generally. Since that date the formula has been given fairly general application throughout the Federal jurisdiction and will be given similar application in this State.

Previous similar decisions of the Commonwealth Commission have been applied in certain other State jurisdictions but even if the formula is not given general application in all other States, for example, in New South Wales and Victoria, then the rates which would apply under this particular award by the application of the formula could not be regarded as being so much out of line with rates applying elsewhere throughout the industry as to justify a refusal of the application of the formula.

I do not consider that the objection should be sustained. One is not conversant with the rates applying prior to December 1966 elsewhere. It may well be that the marginal adjustment which was then made was long overdue. That is a position which I cannot determine. However, the rates were agreed. They brought the margins up to certain rates which were certainly not the highest in this industry in Australia and still will not be the highest in this type of industry in Australia even if the formula is applied.

I cannot see that the employers would be pre- judiced by the granting of the formula application and under these circumstances I would approve of the award being amended in accordance with the schedule submitted by the parties and also in accordance with the amendment as suggested by Mr Hosking, that being an amendment which has generally been given to previous applications.

The minutes will now issue. I understand that the parties do not desire to speak to the minutes, so Award No. 22 of 1957 will now be amended in accordance with the amended schedule as submitted by the parties and it will operate as from the beginning of the first pay period commencing on or after today's date.

Order accordingly.



of Australia, West Australian Branch, Union of Workers, Applicant, and Lewis Berger & Sons (W.A.) Pty Ltd, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr D. Hosking on behalf of the respondents, I, the undersigned, Chief Industrial Commissioner of The Western Australian Indus- trial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Paint and Varnish Makers' Award, No. 22 of 1957, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. I L.S.l (Sgd) S. F. SCHNAARS,

Commissioner.


Schedule. 1. Clause 8—Leading Hands—Delete this clause

and insert in lieu thereof:— 8.—Leading Hands.

Any male worker placed by the employer in charge of three or more other workers shall be paid at two dollars thirty cents per week in addition to the rates prescribed in the Wages Clause.

2. Clause 22—Rates of Pay—Delete this clause and insert in lieu thereof:—

22.—Rates of Pay. (a) Basic Wage (per week):

Males Females

(b) Adult Males (weekly margin over male basic wage): (1) Bulk paint tinting (2) Varnish maker (3) Paint mixing and/or operator of

wet grinding machine of any kind (4) Caustic plant (5) All others

(c) Junior Males (per cent, of male basic wage per week):


(d) Adult Females (margin over female basic wage per week):

Colour card makers and labellers .... (e) Junior Females (per cent, of female

basic wage per week): 15 to 16 years of age 16 to 17 years of age 17 to 18 years of age 18 to 19 years of age 19 to 20 years of age 20 to 21 years of age

PAPER MANUFACTURING. Award No. 12 of 1966.


No. 275 of 1966. Between Printing and Kindred Industries Union,

Western Australian Branch, Industrial Union of Workers, Applicant, and Australian Paper Manufacturers Limited, Respondent.

HAVING heard Mr L. E. Hearle on behalf of the applicant and Mr D. Hosking on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Aus- tralian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Paper Manufacturing Award No. 12 of 1966, be and the same is hereby amended in accordance with the following schedule.


Commissioner.

Schedule. 1. Clause 7—Rates of Wages: Delete this clause

and insert in lieu thereof:— 7.—Rate of Wages.

The minimum rates of wages per week payable to adult workers covered by this award shall be as follows:—


(2) Adult males (margin per week): Machineman 22.05 Dryerman 16.90 Machine assistant/tester 12.50 Winderman 11.15 Assistant winderman 8.25 Cutterman 11.15 Assistant cutterman 8.25 Finisher, Baler, packer 8.25 Refinerman 16.90 Pulper attendant 16.45 Pulper attendant—1st assistant .... 15.90 Pulper attendant—2nd assistant .... 7.15 Forklift truck driver 12.45 Vehicle driver—

Not exceeding 25 cwt. capacity .... 8.85 Exceeding 25 cwt. and not exceed-

ing 3 tons 10.55 3 tons 10.55

Exceeding 3 tons and not exceeding 6 tons 12.25

Tradesman's assistant 7.40 Rigger 12.45 Gardener/Cleaner 8.45 Watchman/fire patrolman .... 12.05 Laboratory sample attendant .... 11.05 Yardman 6.15 Storeman 10.05 Storeman working singly 11.40 Check loader 10.75 Press operator (waste paper) .... 11.25 Waste paper assistant 7.15 Road Tractor driver—50 b.h.p. and

under 11.40 Tractor driver—

With power attachment over 35 b.h.p. and up to 70 b.h.p 15.25

With power attachment 35 b.h.p. and under 13.45

Mobile crane driver—up to and including 5 tons 13.55

Supply man 10.05 (3) Adult females (margin per week):

Waste paper sorter 5.80 Counter/folder/weigher/packer .... 4.70 Sorter/finished paper and board .... 3.20 Canteen assistant 4.70 Office cleaner 3.20 Laboratory attendant 9.15

(4) Leading hands appointed as such or in charge of other workers to the extent set out in the following table shall be paid the additional margins prescribed therein:—

Number of workers Additional Classification. Under Leading Hand's Margin Per

Charge. Week. First 21 and over 8.70 Second 11 to 20, inclusive 5.80 Third 3 to 10, inclusive 3.20

Provided that no leading hand shall be paid less than the highest paid worker under his control.

(5) When a worker is engaged on work not classified in subclauses (2), (3) or (4) of this clause, an interim rate shall be fixed by the employer


after consultation with the union. Within six months of the commencement of the work a rate shall be determined either by agreement betwe_en the employer and the union or, failing agreement, by the Western Australian Industrial Commission. Such rate shall apply from the commencement of the work.

2. Clause 9—Male Junior Workers: Delete subclause (1) of this clause and insert in lieu thereof:—•

(1) The minimum weekly rates of wages for male junior workers shall be the undermentioned percentages of the total rate of wage for an adult yardman, as prescribed in subclause (2) of clause 7 of this award:—

Per cent of total wage for adult yard man— %

Under 17 years 56 At 17 years 62 At 18 years .... 71i At 19 years 90 At 20 years Adult

rates 3. Clause 10—Special Rates: Delete this clause

and insert in lieu thereof:—

10.—Special Rates. (1) The special rates specified in this clause

shall be paid in addition to the rates specified elsewhere in this award. Provided that such special rates shall only be payable where—

(a) the condition for which a special rate is prescribed has not been taken into account in fixing the rates so specified elsewhere in this award: and

(b) the conditions for which a special rate is prescribed is not normally incidental to the occupation concerned.

(2) Where two or more of the special rates specified in this clause apply, the higher or highest rate (as the case may be) only shall be payable.

Hot Places. (3) A worker working for more than one hour in

the shade in a place where the temperature is between 115 and 130 degrees Fahrenheit shall be paid ten cents per hour extra, and in a place where the temperature exceeds 130 degrees Fahrenheit fourteen cents per hour extra.

Where such work continues for more than two hours in a place where the temperature exceeds 130 degrees Fahrenheit the worker shall also be entitled to twenty minutes rest after every two hours work without deduction of pay.

The temperature shall be decided by the foreman of the work after consultation with the worker who claims the extra payment.

Boiler Cleaning. (4) A worker engaged in cleaning and/or scrap-

ing work inside an incinerator or limekiln or a gas or water space of any boiler, flue or economiser or in cleaning inside enclosed hot wells and/or associated hot water storage tanks, aerators or precipitators and/or in removing and cleaning caps on headers of a water tube boiler shall be paid twenty-nine cents per hour extra whilst so employed.

Repairs inside Boilers, etc. (5) A worker engaged in alterations and/or

repairs inside an incinerator or limekiln or the gas or water space of any boiler, flue, precipitator or economiser, shall be paid twenty-three cents per hour extra.

Confined Spaces. (6) A worker working in a confined space shall

be paid twelve cents per hour extra. "Confined space" means a compartment, space or place, the dimensions of which necessitate a worker working in a stooped or otherwise cramped position or without proper ventilation.

Dirty Work. (7) A schedule of work of an unusually dirty or

offensive nature shall be prepared by agreement between the employer and the union and may be similarly amended from time to time as may be necessary or desirable. Failing such agreement, such schedule shall be determined or amended (as the ease may be) by the Board of Reference.

A worker who is required to perform any of the work included in such schedule shall be paid forty cents extra for each day or shift or part thereof during which he is engaged on such work, provided that only one such payment shall be made to a worker in respect of his work during any one day or shift.

Height Money. (8) A worker, other than linesman's assistant,

who is required to work at a height of or over thirty feet directly above the nearest horizontal plane, or a worker, other than linesman's assistant, working on a suspended scaffold or boatswain's chair at any height, shall be paid thirty-eight cents extra for such day or shift or part thereof during which he is engaged on such work, provided that only one such payment shall be paid to a worker in respect of his work during any one day or shift.

Wet Places. (9) A worker working under conditions which

cause his clothing or boots to become saturated by oil, water or other liquid, shall be paid ten cente per hour extra.

Provided that this extra rate shall not be payable to a worker who is provided by the employer with suitable protective clothing and/or footwear.

Provided further that any worker who becomes entitled to this extra rate shall be paid such extra rate for such time as he is required to work in wet clothing and/or boots.

Slag Wool. (10) A worker handling loose slag wool, loose

insulwool or other loose material of a like nature used for providing insulation against heat, cold or noise shall, when so employed on the construction, repair or demolition of furnaces, walls, floors, and/ or ceilings be paid fourteen cente per hour extra.

Noisy Places. (11) Where genuine and reasonable complaints

are made by workers regarding noise levels, the employer concerned will arrange for measurements of the noise level generally in the factory or work place concerned and in particular areas in respect of which complaints have been made. The employer will then try to eradicate objectionable noise wherever practicable; where such is not practicable, a basis of payment for the disability will be negoti- ated according to the corcumstanees of each case and the extent to which provision has not already been made in accordance with paragraphs 10 (1) (a) and (b) above.

116 [22 March, 1967.

General. (12) The special rates prescribed in this clause

shall be paid without regard to the times which the work is performed and shall not be subject to any premium or penalty addition whatsoever.

Additional Special Conditions (13) Notwithstanding the provisions made relat-

ing to the abovementioned special rates, the rate for any additional special condition shall be determined at the factory level.

4. Clause 13.—Shift Work: Delete paragraph (b) of subclause (1) and paragraph (b) of subclause (8) of this clause and insert in lieu thereof:—

(1) (b) "Afternoon shift" means any shift finishing after 5 p.m. and not later than midnight.

(8) (b) Where such change requires that he shall work on a day which otherwise would have been his rostered day off, he shall be paid at the rate of double time for all time worked by him on that day unless he shall have received at least fourteen days' notice of such requirement.

5. Clause 15.—Overtime—Shift Workers: De- lete paragraph (b) of this clause and insert in lieu thereof:—

(b) Where a worker is given notice to work the succeeding shift and the notice is cancelled, and as a consequence of the notice he has remained on the premises until the prescribed starting time he shall be paid four hours' ordinary pay.

6. Clause 20—Mixed Functions: Add the following new subclause (4) to this clause:—

(4) A worker whose usual margin is less than that of a Fork Lift Truck Driver who is occasionally required to drive a Fork lift truck in the performance of his duties, shall be paid an additional margin at the rate of two dollars per week for any day during which he drives a fork lift truck for less than a total of four hours, but in no case will such worker's margin exceed that of a Fork lift Driver. If he drives a fork lift truck for a total period in excess of four hours in any one day-shift he shall be paid the fork lift truck driver's rates.

7. Clause 22—Meal Allowance: Delete subclause (1) of this clause and insert in lieu thereof:—

(1) A worker who is required to work overtime for not less than one and a half hours immediately following his ordinary working hours, without having been notified not later than his ordinary ceasing time on the previous working day or shift that he would be so required, shall be supplied with a meal by the employer before commencing the overtime work, but if a meal is not supplied he shall be paid one dollar and fifteen cents in lieu thereof provided that no payment shall be made to a worker who goes home for his meal. Where the work is continued, the worker shall receive further meal or payment as the case may be after each four hours' overtime worked.

If a worker pursuant to such notice has provided a meal or meals and is not required to work overtime, he shall be paid one dollar and fifteen cents for each meal so provided.

8. (a) Clause 24—Sick Leave: Delete subclause (1) of this clause and insert in lieu thereof:—

(1) A worker shall accumulate entitlement to paid sick leave throughout a period of continuous employment with the same employer and in accordance with the following table:—

Hours For each of his first five years of em-

ployment 40 For his 6th year of employment .... 48 For his 7th year of employment .... 56 For his 8th year of employment .... 64 For his 9th year of employment .... 72 For his 10th and each subsequent

year of employment 80 A worker who commences his employment on

a date other than the first day of July shall be entitled to sick leave on a pro rata basis (calculated to the nearest two hours, periods of less than two hours being disregarded) in respect of the period from such commencement to the next following .30th day of June. How- ever, unpaid absence due to sickness during such period shall, if the worker so desires, be paid retrospectively, to the extent that it is covered, out of the entitlement which becomes due on the first day of July following the date of commencement.

(b) Add the following new subclause (4) to this clause:—

(4) Where a worker retires due to age or incapacity, or his services terminate after ten years' continuous service for other reasonable cause, any unused sick leave standing to his credit shall be paid to him at his rate of pay on the last day of the sick leave year in respect to which the entitlement accrued.

Where sick leave is taken the earliest credits in terms of hours shall be used first, but the rate of payment for such sickness shall be as prescribed in subclause (2) hereof.

9. Clause 25—Compassionate Leave: Delete this clause and insert in lieu thereof:—

25.—Compassionate Leave. A worker shall on the death within Australia

of a wife, husband, father, mother, child, step- child, brother, sister, father-in-law or mother- in-law be entitled on notice to leave up to and including the day after the funeral of such relation. Such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the worker in three ordinary days' work. Proof of such death shall be furnished by the worker to the satisfaction of his employer. Provided, however, that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave. For the purposes of this clause the words "wife" and "husband" shall not include a wife or husband from whom the worker is separated but shall include a person who lives with the worker as a defacto wife or husband.

10. Clause 27—Injuries on Duty: Delete this clause and insert in lieu thereof:.—

27.—Injuries on Duty. (1) A worker injured on duty and unable to con-

tinue at work shall be paid in full— (a) when on his normal day or shift—for the

remaining hours of that day or shift; or


(b) when on overtime—up to the time of the injury or, if a minimum period is prescribed by this award, for the remainder of such period.

(2) An employer shall make up to his ordinary rate of wage (less any payments under a Welfare or similar scheme subsidized by the employer) the Workers' Compensation weekly payments of an injured worker, subject to the following conditions :—

(a) Make-up payments will not be continued for longer than thirteen weeks from the date of the injury, nor beyond the time, within that period, of a claim for damages being granted.

(b) Subject to (c) below make-up payments will be paid not later than seven days from submission of First Certificate and Report of Injury. Payments will not be back- dated prior to submission of these reports, unless they are submitted within seven days of the date of injury.

(c) Make-up payments will not be commenced until liability for the payment of Workers' Compensation is admitted.

(d) Make-up payments will not be continued if the worker refuses to submit to any necessary medical examination.

(e) In the case of a claim for damages against the employer being granted, the make-up payments already made shall be to that extent a satisfaction of the judgment. In the case of a claim for damages against a third party being successful the make-up payments shall be refunded by the worker to the employer out of the damages received.

(f) These provisions do not apply to casual workers.

(g) In the case of a part-time worker, wages will be made up to ordinary rate of pay for the normal time worked by that worker.

These amendments shall operate as from the beginning of the first pay period commencing on or after the date hereof except in respect of the Rates of Wages prescribed in clause 7 which have been paid as from the beginning of the first pay period commencing on or after 11th July, 1966.

PASTRYCOOKS. Award No. 11 of 1962.


No. 77 of 1967. Between Western Australia Pastrycooks and Con-

fectioners' Employees' Union of Workers, Perth, Applicant, and Bakewell Co. Pty Limited, and others, Respondents.

HAVING heard Mr J. E. Skidmore on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondents, and by consent, I, the undersigned. Chief Industrial Commissioner of The Western Aus- tralian Industrial Commission, in pursuance of the

powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Pastrycooks' Award, No. 11 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


(Sgd) S. F. SCHNAARS, IL.S.l Commissioner.

Schedule. Delete Clause 20—Wages and insert in lieu there-

of:— 20.—Wages.


(a) Basic Wage (per week): $ Adult males 33.50 Adult females 25.13

(b) Adult males (margin over male basic wage per week):

Pastrycook 10.70 Single hand pastrycook 12.50 Leading hand 13.55 Assistant 4.40

(c) Adult females (margin over female basic wage per week):

Pastrycook 8.40 Assistant .... 4.30 When in charge of other workers

workers (per week extra) 1.00 (d) Junior Male Assistants (per cent, of

male basic wage per week): % 14 to 15 year's of age 25 15 to 16 years of age 35 16 to 17 years of age 45 17 to 18 years of age 55 18 to 19 years of age 70 19 to 20 years of age 80 20 to 21 years of age 95

(e) Junior Females (per cent, of female basic wage per week):

15 to 16 years of age 35 16 to 17 yeai-s of age 45 17 to 18 years of age 55 18 to 19 years of age 70 19 to 20 years of age 80 20 to 21 years of age 95

(f) Apprentices, Male (per cent, of male basic wage per week):


plus $3.82

(g) Casuals shall be paid at the rate of fifteen per cent, in addition to the rates prescribed in this clause.


FIBROUS PLASTER AND CEMENT WORKERS. Award No. 7 of 1964


No. 98 of 1967 Between: The Operative Plasterers and Plaster

Workers Federation of Australia, (Industrial Union of Workers) Western Australian Branch, Applicant, and H. B. Brady Company Pty. Ltd., Ceiloyds Ltd., and others: Respondents.

HAVING heard Mr A. C. Lee on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of the West- ern Australian Industrial Commission in pursuance of the powers contained in section 92 of the Indus- trial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare-

That the Fibrous Plaster and Cement Workers' Award No. 7 of 1964, as amended, be and the same is hereby further amended, in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing in or after the date hereof.


(Sgd.) S. F. SCHNAARS, Commissioner.

Schedule. 1. Clause 14.—Wages: Delete this clause and


14.—Wages The minimum rates of pay payable to workers

covered by this award shall be as follows:—

(1) Basic Wage (per week) (2) Adults (margin over basic wage per

week): (a) Modeller

Tool Allowance (b) Fixer

Tool Allowance Lost Time Allowance

(c) Plaster Caster Tool Allowance

(d) Cutters (e) Labourers (f) Cement Worker (g) Trainee casters—

Up to 40% proficiency Thereafter such percentage of the

plaster caster's margin as is assessed in accordance with subclause (9) of clause 8. Up to 40% proficiency

(h) Trainee fixers— Up to 40% proficiency Thereafter such percentage of the

fixers' margin as is assessed in accordance with subclause (8) of clause 7.

(3) Junior Workers, casting section (per cent, of basic wage per week): %

Under 16 years of age 33 Between 16 and 17 years of age 45 Between 17 and 18 years of age 58 Between 18 and 19 years of age 70 Between 19 and 20 years of age 83 Between 20 and 21 years of age 95

(4) Apprentices (per cent, of male basic wage and tool allowance per week):

Modellers—• % Five-year term—

First year (tool allowance $0.18) 35

Second year (tool allowance $0.36) 50

Third year (tool allowance $0.54) 68

Fourth year (tool allowance $0.54) 90

Fifth year (tool allowance $0.54) 1004-$3.82

Four-year term— First year— %

1st six months (tool allowance $0.18) 40

2nd six months (tool allowance $0.18) 65

Second year— 1st six months (total allow-

ance $0.36) 55 2nd six months (total allow-

ance $0.36) 65 Third year (tool allowance

$0.54) 80 Fourth year (tool allowance

$0.54) 1004-$3.82 Fixers—

First year— % 1st six months (tool allow-

ance $0.18) 40 2nd six months (tool allow-

ance $0.18) 45 Second year—

1st six months (tool allowance $0.36) 65

2nd six months (tool allowance $0.36) 65

Third year— 1st six months (tool allow-

ance $0.54) 80 2nd six months (tool allow-

ance $0.54) 100 (5) Junior Fixers (per cent, of male

basic wage and tool allowance per week):

Under 17 years of age (tool allowance $0.18) 35

Between 17 and 18 years of age (tool allowance $0.36) 50



Between 20 and 21 years of age (tool allowance $0.54) 100 Provided that a junior who has had

two or more years experience as a Fixer shall receive a margin of $3.82 over the basic wage at 20 to 21 years.


(6) A "Casual Worker" being a person who is engaged or employed for a period of less than one week (exclusive of hours or overtime worked) shall be paid for the time so engaged at the rate of 15 per cent, in addition to the rates prescribed herein.

Provided that this shall not apply to a worker who severs his contract of service or who is dismissed for misconduct.

2. Clause 16—Special Rates and Conditions: Delete subclause (1) and insert in lieu thereof the following:— (1) Leading Hands: A worker placed in

charge for not less than one day of— (a) not less than three and not more

than ten other tradesmen shall be paid forty-six cents per day extra;

(b) more than ten and not more than twenty other tradesmen shall be paid eighty-nine cents per day extra;

(c) more than twenty other tradesmen shall be paid one dollar thirty-three cents per day extra.

Where the leading hand works under the supervision of a foreman or of the employer for the major portion of the day, extra rates set out in this subclause shall be halved.

PLASTER MILL WORKERS.



No. 69 of 1967. Between the Operative Plasterers and Plaster

Workers Federation of Australia, (Industrial Union of Workers) Western Australia Branch, Applicant, and Ajax Plaster Co. Ltd., Atlas Plaster Co. W.A., and Paster Mills of Welsh- pool, Respondents.

HAVING heard Mr A. C. Lee on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondents, and by consent, I, the undersigned. Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Plaster Mill Workers' Award, No. 6 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. Clause 11.—Wages: Delete this Clause and in-

sert in lieu thereof the following:—

11.—Wages. The minimum rate of wages, payable to workers


(a) Basic Wage (per week) 33.50 (b) Adult Males (margin per week):

Plant operator 7.60 Bagger 6.00 Washer 4.40 Front end loader driver 9.20 Fork lift driver 8.45

PLASTIC MANUFACTURING. Award No. 8 of 1960.


No. 194a of 1965. Between Federated Miscellaneous Workers' Union

of Australia, West Australian Branch, Union of Workers, Applicant, and R. David Moss, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by consent, I, the undersigned. Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Plastic Manufacturing Award, No. 8 of 1960, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


Commissioner.

Schedule. Clause 21.—Rates of pay: Delete this clause and


21.—Rates of Pay. The minimum rates of wage payable to workers

covered by this award shall be as follows:— (a) Basic Wage (Per Week): $

Adult males 33.50 Adult females 25.13

(b) Adult Males (Margin Over Male Basic Wage Per Week):

Plastic Press Operator (as defined) 8.40 Plastic Press Operator (others) .... 4.20 All others 2.75

(c) Adult Females (margin over female basic wage per week) 2.65

120 [22 March, 1967.

(d) Junior Males (per cent, of male basic wage per week): %


(e) Junior Females (per cent, of female basic wage per week): %


Clause 22—Extra Rates and Conditions: Delete this clause and insert in lieu thereof:—

22.—Extra Rates and Conditions. (a) Leading Hands:

(i) Any male worker placed by the employer in charge of three or more other workers shall be paid two dollars and thirty cents per week in addition to the rates prescribed in the Wages Clause.

(ii) Any female worker placed by the employer in charge of three or more other workers shall be paid one dollar and ten cents per week in addition to the rates prescribed in the Wages Clause.

(b) Workers handling carbon black before processing, and Workers engaged in processing free carbon black, shall be paid the sum of two dollars and fifty cents per hour in addition to the rate herein fixed for the class of work performed.

POTTERY WORKERS. (C. R. Courtland Ltd.) Award No. 31 of 1965.


No. 23 Of 1967. Between the Federated Brick, Tile and Pottery

Industrial Union of Australia (Union of Workers) Western Australian Branch, Appli- cant, and C. R. Courtland Ltd, Respondent.

HAVING heard Mr F. W. French on behalf of the applicant and Mr H. J. De Burgh on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Pottery Workers (C. R. Courtland Ltd) Award No. 31 of 1965, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. [L.Sl (Sgd) S. F. SCHNAARS,

Commissioner.

Schedule. Clause 10.—Wages: Delete this clause and insert

in lieu thereof:—



(1) Basic Wage (per week): 33.50 (2) Adults (margin over basic wage per

week): Burner 7.50 Setter, Drawer 8.40 Pot machine operator (large) and

Vent machine operator 6.80 All other adult labour 5.80

(3) Junior Workers (per cent, of male basic wage): %


PHOTOGRAPHIC EMPLOYEES. Award No. 3 of 1965.



of Australia, West Australian Branch, Union of Workers, Applicant, and Illustrations Pty Ltd, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Photographic Industry Award, No. 3 of 1965, be and the same is hereby amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


CL.S.l Commissioner.


thereof:— 12.—Wages.


(2) Adult Males (margin per week over male basic wage): (a) Photographers 9.80 (b) All others employed in portrait

advertising and commercial studios 6.60

(c) All others employed in develop- ing printing and finishing establishments 5.60


$ (3) Adult Females (margin per week over

female basic wage): (a) Photographers .... 7.50 (b) All others employed in portrait

advertising and commercial Studios 5.40

(c) All others employed in develop- ing printing and finishing establishments .... 4.30

(4) Junior Workers (per cent, of male basic wage per week): %

Under 18 years of age 35 16 to 17 years of age .... .... .... 45 17 to 18 years of age .... 55 18 to 19 years of age 70 19 to 20 years of age .... .... .... 80 20 to 21 years of age 95

(5) Junior Workers (per cent, of female basic wage per week):

15 to 16 years of age 35 16 to 17 years of age 45 17 to 18 years of age 55 18 to 19 years of age .... 70 19 to 20 years of age .... 80 20 to 21 years of age 95

(6) Leading Hands: Any male worker appointed by his employer as a leading hand and placed in charge of not less than three and not more than ten other workers shall be paid two dollars thirty cents per week in addition to the rates prescribed herein. A leading- hand placed in charge of more than ten and not more than twenty workers shall be paid four dollars forty-five cents per week in addition to the rates prescribed herein.

PRINTING. (Photo Engraving.)



Between Printing and Kindred Industries Union, Western Australian Branch, Industrial Union of Workers, Applicant, and J. Gibbney & Son Pty Ltd, and others, Respondents.

HAVING heard Mr L. E. Hearle on behalf of the applicant and Mr G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Photo Engraving Award, No. 9 of 1961, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. Clause 12—Wages: Delete subclause (a) and

(b) and insert in lieu thereof:— (a) Basic Wage (per week): $

Males .... 33.50 Females 25.13

$ (b) (i) Adult Males (margin over male

basic wage per week): (1) Commercial artists 14.20 (2) Camera, operator 14.20 (3) Photo imposer 12.80 (4) Half tone etcher 14.20 (5) Line etcher 12.80 (6) Mounter, router and finisher 12.30

(ii) Probationary Artists: Probationary artists, minimum margin: First six-monthly period, basic wage; thereafter rising in six-monthly periods in accordance with assessments as laid down in clause 29.

PRINTING. (Kalgoorlie.)



No. 72 of 1967. Between Printing and Kindred Industries Union,

Western Australian Branch, Industrial Union of Workers, Applicant, and Hocking & Com- pany Limited, and others, Respondents.

HAVING heard Mr L. E. Hearle on behalf of the applicant and Mr G. H. Dunstan on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare:—

That the Kalgoorlie Printing Award, No. 28 of 1950, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


Commissioner.

Schedule. Delete Clause 7.—Wages, and insert in lieu

thereof:—

7.—Wages. The minimum weekly rate of wages shall

be (margins): $ Composing room (newspaper sec-

tion)— Linotype operators 23.25 Floorhands 19.55 Linotype mechanics 18.10 Cleaners of slug casting machines .... 5.00

Operators looking after their own machines shall be paid ($1) per week extra, providing always that the day shift operator or operators on one day in each week shall attend to his or their machine or machines without such payment.

(5)—3351E


Jobbing machine compositors working part-time doing newspaper work on display machines shall be paid a proportionate rate between the newspaper operator and jobbing rates, this provision to apply only when employed for more than one hour per shift on the machine. If employed for four hours or more^ the time operator's rate shall be paid for the full shift.

Readers- Readers Adult assistant readers

Cadet Readers: Cadet readers shall serve three years or longer but shall not be classified as adult readers' assistants until reaching twenty-one years of age.

The cadet readers' rate of pay shall be (per cent, of basic wage)—

First year Second year Third year Fourth year On attaining 21 years

plus 12i over Basic Cadet readers engaged on night

work shall be paid $1.50 in addition to the abovementioned rates.

Stereotypers < margin)— Stereotypers Assistant stereotypers

The proportion of employees shall be one assistant stereotype!- to two stereotypers.

Rotary machinists (margin)— Rotary machinist .... Rotary machinist—

1st assistant ... 2nd assistant

Publishers (margin) — Publisher

Assistant Linotype Atttendants (per cent, of basic wage)—

During the first year During the second year During the third year During the fourth year

Provided that a worker over eighteen and under twenty-one years of age shall receive seventy- seven and a half per cent, of basic wage.

If employed at night an assistant linotype attendant shall be entitled to ($1.50) per week in addition to the above rates.

After completing five years an assistant linotype attendant shall be classified as a linotype machanic.

Night work—The loading on the ordinary rates of pay for night work shall be $3 per week.

Commercial Jobbing Offices (margin)— Compositors and letterpress machinists

solely employed on commercial jobbing work

Operators solely employed on commercial jobbing work

Girls in Jobbing Room (per cent, of female basic wage)— %

First six months 374 Second six months 424 Third six months 45 Fourth six months 50 Fifth six months 60 Six six months 674 Thereafter up to 21 and/or until

five years' service is completed 90 On attaining 21 years and on com-

pletion of five years' service .... 100 plus $3.95 margin

Basic Wage: The basic wage upon which the rates prescribed in this award are based is $33.50 per week for males and $25.13 per week for females.

PRINTING. (Country.)



Between Printing and Kindred Industries Union, Western Australian Branch, Industrial Union of Workers, Applicant, and Albany Advertiser (1932) Ltd, and others, Respondents.

HAVING heard Mr L. E. Hearle on behalf of the applicant and Mr G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Printing (Country) Award, No. 12 of 1960, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. Clause 8—Wages: Delete subclause (a), (b) and

(c) and insert in lieu thereof:— (a) Basic Wage (per week): $

Males 33.50 Females ... .... 25.13

(b) Adult Males (margin over male basic wage per week):

Machine compositor .... 15.70 Proof reader 13.35 Hand compositor 12.30 Composing room mechanic 12.30 Stereotype!- 12.30 Letterpress machinist . .. 12.30 Machinist working a flat bed mach-

ine printing from a reel 12.30 Guillotine machine operator .... 12.30 Bookbinder .... 12.30 Feeder on any kind of machine .... 4.00 Male employee not otherwise speci-

fied 3.10 (c) Adult Females (margin over female

basic wage per week) 4.20

22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. ^ 123

RADIO AND TELEVISION WORKERS. Award No. 20 of 1964.


No. 75 of 1967. Between Electrical Trades Union of Workers of

Australia (Western Australian Branch), Perth, Applicant, and A. Michael, and others, Re- spondents.

HAVING heard Mr R. W. Fletcher on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Radio and Television Workers' Award, No. 20 of 1964, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. [L.S.l (Sgd.) S F. SCHNAARS,

Commissioner.

Schedule. Clause 29—Wages: Delete subclauses (1), (2)

and (3) of this clause and insert in lieu thereof the following:—

$ (1) Basic wage (per week) ... 33.50 (2) Classifications and margins per week:

(a) Serviceman . 15.50 (b) Serviceman who is not usually

employed in or about his employer's business premises .... 19.00

(c) Antenna and TV installer .... 7.80 (d) Bench assembler 4.40

(3) Leading hands: A leading hand placed in charge of— (a) not less than three and not more

than ten other workers shall be paid $2.30 per week extra;

(b) more than ten and not more than twenty other workers shall be paid $4.45 per week extra;

(c) more than twenty other workers shall be paid $6.65 per week extra.

RAILWAY EMPLOYEES. Award No. 3 of 1961.


No. 42 of 1967. Between West Australian Amalgamated Society of

Railway Employees Union of Workers, Appli- cant, and Western Australian Government Railways Commission, Respondent.

HAVING heard Mr P. Wilson on behalf of the applicant and Mr J. Lund on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of the Western Australian Industrial Commission, in pursuance of the powers

contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Railway Employees' Award, No. 3 of 1961, as amended and consolidated, be and the same Is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. Clause 44—Wages: Delete items Nos. 1 to 128

inclusive and item 132 and Insert in lieu thereof:— Item

No. Margin over basic wage per week: $

(1) Caretaker— (a) Barracks as follows:—

Bridgetown, Brunswick Junction, Bunbury, Caron, Katanning, Merredin, Narrogin, Northam, Pinjarra, Wongan Hills, Wyal- katchem, Yellowdine and York 3.75

(b) Others 3.30 (2) Checker—

Class 1— 1st year of service 5.15 Thereafter 6.10

Class 1A . . 5.15 Class 2 .... 4.25

(3) Conductor— (a) Senior 5.15 (b) Others 4.25

(4) Crossing Keeper .... .... Nil. (5) Gate Keeper—

(a.) Perth and Fremantle Goods ... 3.30 (b) Others .... Nil.

(6) Guards— (a) Fourth Class, First two years*

service . .... 9.80 (b) 3rd Class, over two and up to four

years' service as Guard .11.00 (c) 2nd Class, over four and up to six

years' service as Guard 12.30 (d) 1st Class, over six years' service as

Guard .... .... 13.40 Subject to passing all proper exam-

inations and tests, if any, guards with less than two years' service after appointment shall be in the fourth class.

Guards with two years' service, and less than four years' service after appointment shall be in the third class.

Guards with four years' service and less than six years' service after appointment shall be in the second class.

Guards with over six years' service after appointment shall be in the first class.

Guards shall be entitled to promotion from class to class as follows:—

To the third class after two years' service in the fourth class; to the second class after two years' service in the third class; to the first class after two years' service in the second class.


$ (7) Lavatory attendant 3.75

(8) Lister motor driver 4.25

(9) Number Taker— Perth Goods 4.25 After five years' service 5.15

(10) Porter— (a) Class 1—Relief and/or Safe Work-

ing (Relief: means one who for one-third of a year has been relieving S.M., A.S.M., N.S.M. or Signalman and Guards.) 5.80

(b) Class 2 .. 4.25 (1) Ambulance, Perth; Cloak

Room, Perth Station; Deliv- ery, Perth Parcels; Excess, Perth Station; Goods (solely engaged on sheeting outside duties); Linen Room; Lost Property Office, Perth; Re- ceiving, Perth, Fremantle, Geraldton and Kalgoorlie Par- cels; Receiving and Deliver- ing Goods at the following stations and depots:—

Beverley Boyanup Boyup Brook Bridgetown Bruce Rock Brunswick Junction Claremont Collie Corrigin Cottesloe Cue Cunderdin Donnybrook Dwellingup East Northam East Perth Esperance Goomalling Harvey Katanning Kellerberrin Margaret River Maylands Manjimup Meekatharra Merredin Midland Mt. Barker Mt. Magnet Mullewa Narrogin Narembeen Northampton Northam Norseman Pemberton Pinjarra Pingelly Quairading Robbs Jetty Rivervale Southern Cross Subiaco Toodyay Wagin Waroona York

(ii) Senior Linen Room 5.00

(c) Class 3— (i) All others including car clean-

ers— $ First year of service 2.90 Thereafter 3.75

(ii) Porter, Goods, not solely employed on sheeting shall be paid at class (2) (i) rate for any period during which he may be so engaged.

(iii) With less than twelve months' service, if full safe working examination is passed. Pro- vided a junior with at least twelve months' experience, provided full safe working examination is passed shall be paid this rate on reaching the age of twenty-one years ... 3.75

(d) Porters at stations Fremantle to Bellevue, and Rivervale to Arma- dale, inclusive, when in charge of station during break between shifts of station officers, shall be paid the following allowance calculated to the end of each week for time so employed— (i) Two hours or more continu-

ously each day, excluding Sunday, forty cents per week plus five cents per hour or portion thereof for each hour in excess of twelve hours per week.

(ii) Two hours or more continuously on any day, excluding Sunday, 3.33 cents per hour or portion thereof for each hour on those days. Provided the worker is not entitled to the provisions of (i) above.

(iii) The foregoing allowances are not payable during periods of leave or other absence from duty.

(e) Porter in charge, cleaning, East Perth 4.25

(11) Seamstress 4.60

(12) Shunter (guard's examination not passed) 5.80 (a) Shunter, qualified (guard's exam-

ination passed) 8.05 (b) Head Shunter 9.90

(Shunter when in charge of an engine shall be paid as a head shunter.)

(c) Head Shunter, after twelve months' service as head shunter 10.60

(d) Head shunter, major yards (as defined by the employer) 11.25

(e) Head shunter, Perth Goods and Passenger Station 11.75

(f) Head shunter, Perth Goods and Passenger Station after twelve months' service as such 12.70

(g) Pilot Shunter, Perth Goods .... 11.25 Provided that if an unqualified

shunter (guard's examination not passed) is engaged on higher duties in accordance with clause 16 of


this award, he shall be paid as fol- $ lows for the work specified in lieu of the relevant margin shown in paragraphs (d), (e) and (g) above:—

(d) Head shunter, major yards .... 9.90 After twelve months' service as such 10.60

(e) Head shunter, Perth Goods and Passenger Station 10.60 After twelve months' service as such 11.70

(g) Pilot shunter, Perth Goods .... 9.90 After twelve months' service as such 10.60

(13) Signalmen— (a) Fourth Class 3.75 (b) Third Class .... .... 5.80 (c) Second Class 7.95 (d) First Class .... .... .... .... 9-90 (e) Special Class (per day of six

hours) 14,05 (A worker engaged cutting in

shall be paid at the rate not less than that of a third class signalman for each day so engaged.)

(14) Stower 4.25 (15) Ticket collector 3.75 (16) Ticket examiner on trains 6.05 (17) Ticket issuer on Trains .... .... .... 5.00 (18) Timekeeper, Perth Goods—

1st year of service 5.15 Thereafter .... 6.10

(19) Waiting room attendant (Female) .... 3.30 MOTIVE POWER SECTION.

(excluding Tradesmen and Assistants.) (20) Brick arch builder and spark arrester

repairer .... 4.90 (21) Car and wagon examiner—

1st year of service 9.90 Thereafter 11.05

(22) Car and wagon oiler 4.15 (23) Car electric light examiner—

(a) Employed on examination and cleaning of electric light gener- ators and water raising pumps, cut in and changeover switches and replacement of worn or damaged parts 6.70

(b) Others— 1st year of service 4.15 Thereafter 5.15

(c) Leading car electric light examiner .... .... 9.15

(24) Electric battery hand 6.40 (24a) Filter cleaning plant operator 4.15 (25) Fuelman 4.15

(All workers engaged in handling coal from trucks until loaded into engine shall be paid as Fuelmen while so engaged.)

(26) Labourer in Running Sheds 1.55 Man in charge of labourers, East

Perth Running Sheds shall be paid two dollars thirty cents per week extra.

(27) Lead burner 12.95 (28) Lead worker assisting electric battery

hand and lead worker 6.40 (29) Pumper 3.75 (30) Raker out and tuber 4.15

CIVIL ENGINEERING SECTION. $ (31) Assistant on bridge and jetty mainten-

tenance (not including culvert work) 3.00 (32) Bulldozer operator—

(a) Under 40 h.p. 9.15 (b) 40 h.p. and over 11.50

(33) Chainman 4.15 Provided that chainmen who are

required to drive a vehicle and/or effect minor repairs shall be paid twenty cents per day extra.

(34) Driver of I cubic yard power shovel 11.80 (35) End loader driver 8.40

(35a) Excavator (Gradall) operator 11.80 (Man in charge to be paid ten

cents extra on days machine actually operating.)

(36) Flash but rail welding plant— (a) Crane attendant 4.15 (b) Crane driver, electric 6.70 (c) Rail grinder 5.00 (d) Welding machine operator .... 12.60 (e) Welding machine operator's assist-

ant 6.40 (37) Ganger—

(a) Construction 13.10 (b) Gardening 10.80 (c) Platelaying .... 13.10 (d) Repairing—

(i) In charge of 3rd class length 9.20 (ii) In charge of 2nd class length 10.80 (iii) In charge of 1st class length 13.10 (iv) Ganger, Perth Yard and

special 14.70 (e) Road approaches, platforms, etc. 10.80

(37a) Leading hand—road approaches .... 6.10 (38) Inspector's clerk—

Class 1—(Merredin and Perth) — 1st year of service 6.10

Thereafter 7.55 Class 2—Others 6.10

(39) Labourer— (a) Road approaches, platforms, etc. 2.90 (b) Builders' Labourer 2.90 (c) Signal and telecommunications

(Line Gang) 2.90 (d) Others 1.55

(40) Length runner 6.60 (41) Main layer 6.40 (42) Repairer—-

(a) First year 3.60 (b) Second year 4.10 (c) Third year and thereafter 5.20

(When employed laying more than two abutting rails, or renewing a set of any rails, or rails in connection with a set of points, platelayer's rate shall be paid.)

(d) Leading 6.90 (It shall be the duty of the de-

partment when classifying the lengths of permanent way to indicate which lengths require a leading repairer.)

(e) Platelayer 5.80 (f) Platelayer (leading) 8.00

(43) Scale adjuster— (i) Scale adjuster's assistant 4.15


(44) Signal and Telecommunications: $ (d) Line and signal assistant—

1st year of service 4.40 Thereafter .. 5.25

(e) Line and signal ganger 12.30 (f) Line and signal maintainer .... 10.60 (g) Assistant line and signal main-

tainer 8.40 (45) Permanent-way on track machine

operator— (Where two operators are pro-

vided on a machine and one is required to take charge, the man in charge shall be paid twenty cents per day extra when the machine is operating or travelling on track.)

Class 1—Over 3 and up to 10 brake h.p 7.45



Class 4—Over 70 12.80 (46) Tentmaker 6.10 (47) Welder's assistant (worn crossings,

one full time position only) 4.15 (48) Woolery Weed Burner operator .... 11.50

<i) Woolery Weed Burner operator's assistant 4.40

WORKSHOP SECTION. (49) Acid room attendant (Electrical De-

partment) 4.15 (52) Brick arch builder and firebar attend-

ant (Midland Workshops only) .... 6.15 (57) Casting dresser 5.00 (58) Caustic tank attendant 4.15 (61) Crane attendant (one man to each

crane, steam at Midland Shops and Stores Yard) 4.15

(62) Crane driver, electric 6.70 (63) Crane driver, steam or diesel-electric—

(a) Workshops (Midland) 6.70 (b) Outside workshops 7.55

(65) Drawing office attendant (C.M.E. Office) 4.90

(67) Electric motor attendant 7.55 (69) Engine lifter 6.10 (70) Stoker 4.90 (73) Forge steam hammer driver 5.00 (74) Forge underhand 5.00 (75) Furnaceman—

(i) Brass 6.40 (ii) Forge 11.05 (hi) Iron 7.55 (iv) Furnaceman's assistant (iron) .... 5.00

(76) Galvaniser (when so engaged) 5.15 (80) Labourer—

(a) Stores section 2.90 (b) Others 1.55

(82) Leather worker 4.65 (83) Lifter—

(i) First year of service 6.90 Thereafter 8.05

(ii) Passing out vehicles 9.30 (84) Lifter in outside depots (repair

work)— 1st year of service 7.30 Thereafter 8.55

(85) Machinists— S (b) 2nd Class includes:—

Nut and bolt machinist (Ajax) Driller using locomotive boiler shell

drilling machine. Lapper and grinder, not using pre-

cision tools. Pneumatic tube cutter and tapper. Stay lathe machinist 8.40

(c) 3rd Class includes:— Driller (other than 1st Class). Friction saw machinist 6.10 Grinder and polisher. Nut and bolt machinist (other than

2nd Class). Punch and shear machinist. Screwing machinist. Slotter and nibber. Tube end machinist.

(d) Nut and bolt machinist (Ajax)—■ 1st assistant 5.15 2nd assistant 4.15

(e) Turner and machinists' assistants (iron) 4.15

(88) Oil and waste plant attendant .... 4.15 (89) Orderman—Midland Workshops Mill 5.15 (93) Petrol engine driver—Midland Work-

shops 6.40 (i) Shunter to 4.15

(95) Progressman .... 6.10 (97) Septic tank attendant 6.10 (98) Shaft and belt attendant 4.15

(100) Sub foreman's office assistant (running sheds) 8.10

(101) Shunting tractor, Midland Workshops and stores—• (a) Driver 6.70 (b) Attendant 5.15

Stoker—See Item No. 70. (102) Tailer-out (saw bench and handsaw) 4.15 (103) Tarpaulinmaker 6.10

(a) Assistant on lubricator pads .... 2.90 (106) Tradesmen's assistants—

(a) Other than elsewhere specified .... 4.15 (b) Special, East Perth and Northam

Running Sheds 6.70 (c) Fitters' assistants—Running Sheds 4.90 (d) Blacksmiths' strikers on oil furn-

aces .... .... 4.90 (e) Workers operating paint machines

shall be paid at Painter's rate. (f) Painting wagons—at the rate of

eight dollars forty cents per week whilst so engaged.

(107) Turner and machinists' assistant (wood) 4.15

(110) Welder— (i) Welder using an electric spot or

butt welding machine or cutting scrap with an oxy-acetylene blow pipe, petrol or gas blow pipe .... 4.40

(111) Wood machinist— (b) Second class comprising the fol-

lowing machines:— Circular saw No. 1 bench frame

saw, jig saw, high speed floor- ing and match boarding machine, four sided planer, hollow chisel horizontal mortiser, No. 3 hollow chisel mortiser, re- cessing and boring machine,

127

planer or buzzer on other than square work, moulding machine less than four heads, universal general joiner (on work other than referred to in (a)), disc sander timber bender

(c) Third class comprising the following machines:—

Mortiser other than hollow chisel mortiser, chain mortiser No. 2, chain and chisel mortiser, borer-four spindle gang borer, four spindle borer, horizontal and vertical borer- single spindle borer, borer; planer or buzzer on square work-surface planer, No. 2i (square work) surfacer No. 6 (square work) planing and surfacing machine (square work) climax planer t.square work), sawyer not included in second class automatic cut off saw, car ripping saw No. 4,, circular saw 14 in., cross cut saw 18 in. band saw No. 00- column fret saw, band saw, sand papering machine, zett sander thicknesser dimension planer, crosscut saw (firewood)

(112) Workshops foreman's office assistant.... (113) (a) Workshops laboratory attendant ..

(b) Workshops laboratory assistant .... (114) Attendant, Railway Institute

GENERAL SECTION.

(115) Bus Depot—Perth— (a) Steam cleaner (b) Truck and bus services attendant

(116) Driver of rail motor car (117) Driver of rail motor trolley (118) Pork lift driver (119) Hoarding hand (including carpentry

duties) (a) Leading

(120) Labourer (121) Messenger, Accounts and Audit Branch

and C.M.E. Office (122) Mobile crane driver (123) Motor driver, road (126) Roller driver (127) Watchman (128) Storeman—

(i) Storeman-in-charge— Class "A"—

Stores: Per Way; Stationery; Timber; Steel.

Class "B"— Stores: Bolts and nuts; Engine

material; Car and wagon; hardware; Despatch, oil; Diesel; Traffic; Electrical.

District Stores; Bunbury Gen- eral; Bunbury Loco; Bunbury Road Services; Collie; East Perth Diesel; East Perth Loco; Fremantle General; Geraldton General; Geraldton Loco;

Kalgoorlie General; Kalgoorlie $ Loco; Merredin General; Nar- rogin Genex'al; Narrogin Loco; Northam General; Northam Loco; Perth Electrical; Perth Garage; Perth General; Perth Road Services.

Class "C" 7.55 Stores: East Perth Diesel (Car);

Salvage; Tubes and Castings. Traffic: Uniform Room. Motive Power: East Perth; Mid-

land; Katanning; Perth Car and Wagon Depot.

Civil Engineering: Plant Store. (ii) Storeman—Class "A" ... . . 6.45

Stores: Counter; Steel; Diesel; Timber; Receiving.

District Stores: Bunbury; Nor- tham.

Mechanical: Car Shop; Elec- trical Shop (Materials); Machine Shop; Machine Shop (plans); Main Gate.

Signal and Telecommunica- tions: Perth, East Perth (Storage).

Class "B" 5.60 Stores: Oil Store; Per Way (3);

Stationery. Mechanical: Blacksmith's Shop

(Template Store); Boiler Shop; Electrical Shop (Gen- eral); Tool Room (2) Track Equipment; Wagon Shop.

Motive Power: East Perth (3); Midland (2).

Class "C"— 4.90 Mechanical: Diesel Shop; Oxy

Compound; Pitting Shop; Machine Shop (Bond); Mach- ine Shop (Oiling) Wood Mill.

Motive Power: East Perth (Diesel Night Store).

Civil Engineer Carpenters' Shop; Garage.

(iii) Assistant Storeman 4.15 Stores: Car and Wagon; Central

receiving Depot; Diesel (2); Electrical; Bolts and Nuts; Engine material; Store (3); Hardware; Stationery; Steel; Timber; Verifier (2).

District Store: Bunbury; Kal- goorlie; Northam; Perth (2).

Traffic: Uniform Room. Mechanical: Car Shop; Pitting

Shop (2); Wagon Shop.

(132) Leading Hands: (i) When in charge of not less than three

and not more than ten other workers a leading hand shall be paid two dollars thirty cents per week extra.

(ii) When in charge of more than ten and not more than twenty other workers a leading hand shall be paid four dollars forty-five cents per week extra.

(iii) When in charge of more than twenty other workers a leading hand shall be paid six dollars sixty-five cents per week extra.


RAILWAY EMPLOYEES. (Refreshment Rooms, etc.)




Railway Employees Union of Workers, Appli- cant, and Western Australian Government Railways Commission, Respondent.

HAVING heard Mr P. Wilson on behalf of the applicant and Mr J. Lund on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Austra- lian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Railway Refreshment Services Award, No. 50 of 1951, as amended, be and the same is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


Commissioner.

Schedule. Clause 12—-Wages Schedule: Delete this clause

with the exception of item nos. (4), (11), (12), (22), (23), (27), (28), and (29), and insert in lieu thereof the following:— Basic Wage (per week) —

$ Male 33.50 Female 25.13

Item No. Designation. Margin Per Week Over Basic Wage.

Male. Female. (a) Welshpool Depot and Cafe-

teria : (1) Attendant (female): $ $

(a) Head 3.75 (b) Other 2.65

(2) Cook: (a) Where two cooks em-

ployed— (i) First cook 6.10 4.60

(ii) Second cook 4.10 3.15 (b) Where only one cook em-

ployed 5.15 4.00 (3) Kitchenman 1.40 (5) Pastrycook 8.40 3.70 (6) Pastrycook (single handed) .... 10.00 3.70 (7) Pie, etc., packer and store

assistant 1.85 (8) Storeman 7.55 (9) Storeman's assistant 3.30

(10) Unspecified male worker .... 1.40

(b) Refreshment Rooms: $ $ (13) Attendant (Female):

(a) Head (Perth only) 3.75 (b) Other 2.65

(14) Barman or Barmaid: (a) Barman 8.40 (b) Barmaid—

(i) Metropolitan area .... 16.77 (c) Provided that, in respect

of any basic wage variations which may occur from time to time, the margins prescribed for barmaids shall be increased or decreased by the amount required to enable the total wage prescribed for barmaids to increase or decrease by the same amount that the basic wage for barmen is increased or decreased as a result of such variation, in order that the rates for barmaids and barmen shall remain equal.

(d) Notwithstanding the provisions of item No. 14, a worker who has had less than two weeks' experience as a barman or barmaid shall be entitled to receive only an amount equal to the male basic wage.

(15) Bookstall attendant: (a) In charge at Perth and

Kalgoorlie 4.80 3.75 (b) Other 3.35 2.65

(16) Cook (where only one employed) 5.15 4.00

(17) Dining car cleaner and store assistant (Perth) 3.35

(18) Handyman (Perth) 1.40 (19) Storeman 5.15 (20) Unspecified worker 1.40 (21) Waiter or waitress:

(a) Head 3.95 3.05 (b) Other 2.35 1.95

(24) Junior waitresses (per cent. of adult waitress's wage): % (a) 15 years of age 621 (b) 16 years of age 721 (c) 17 years of age 82J (d) 18 years of age 921 (e) Thereafter to be paid

adult rate. Margin Per Week Over Basic Wage.

Male. Female. (c) Dining and Buffet Car $ $

Staff: (25) Cook (Male) 5.15 (26) Waiter or Waitress:

(a) Head 3.95 3.05 (b) Senior waitress (Austra-

lind) 2.65 (c) Other 2.35 (d) Hostess .... 5.25





Railway Employees Union of Workers, Appli- cant, and the Western Australian Government Railways Commission, Respondent.

HAVING heard Mr P. A. Wilson on behalf of the applicant and Mr J. Lund on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitra- tion Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Railway Employees Consolidated 1964 Award, No. 3 of 1961, as amended and consolidated, be and the same is hereby further amended and consolidated in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.




Railway Employees' Union of Workers, Appli- cant, and the Western Australian Govern- ment Railways Commission, Respondent.

Before Mr Commissioner D. E. Cort.

The 7th day of March, 1967.

Mr S. Harbord on behalf of the applicant. Mr J. Lund on behalf of the respondent.

Judgment.

THE COMMISSIONER: This is an application by the West Australian Amalgamated Society of Railway Employees' Union of Workers to amend the provisions of the Railway Employees' Award, No. 3 of 1961, in relation to the wage rates prescribed therein for signalmen, fork lift drivers and mobile crane drivers. The parties have reached agreement in respect of fork lift drivers and mobile crane drivers but the Commission is required to deal with that part of the application relating to signalmen.


[L.S.] (Sgd.) S F. SCHNAARS, Commissioner.

Schedule.

Clause 44—Wages: General Section—Delete (a) and (b) of Item 125 and insert in lieu thereof:— Item No.

Margin over basic wage per week: (125) Road service operators— $

(a) (i) Motor bus driver of vehicle not articulated (if collecting fares in vehicle with seating accommodation for more than ten passengers) shall be paid fifty cents per day extra 13.10

(ii) A driver of a loaded motor bus hauling a loaded trailer also to be paid forty cents per day extra.

Provided that these allowances shall not be taken into consideration in assessing overtime or other penalty rates prescribed in this award.

(b) Motor bus conductor— First twelve months 4.90 Thereafter 7.60

The union claims substantial increases in the margins for special class and first class signal, men, namely, fourteen dollars and twenty-one cents and eleven dollars and sixty-three cents respectively, so that those margins would then be the same as margins provided for certain officers under the Railway Officers' Award, and increases of three dollars and sixty-five cents and two dollars and eighty cents respectively for second and third class signalmen. A claim for the deletion of the classification of fourth class signalman was agreed to but otherwise the employer objected to any alteration to the existing award.

In opening, Mr Harbord drew attention to previous decisions of the industrial authority in this State in which a specific reference had been made to signalmen and submitted that as the work performed had not been inspected by that authority since 1928, the Commission should now do so and fix the margins claimed without regard to any past relativity which may have existed. The Commis- sion's attention was drawn to the margins prescribed for guards but Mr Harbord submitted that there should be no marginal relationship between those workers and signalmen. In this respect, in 1949 (28 W.A.I.G. 426 at p. 428), the Conciliation Commissioner in fixing margins for signalmen said, inter alia—■

It was admitted by Mr Keating that it was not possible to compare the classifications in the Eastern States with the local designations. Mr Clunas, however, who had inspected the work in the East, stated that class 4 or perhaps class 3 in New South Wales would be comparable with the special class in W.A. Class 4, New South Wales, is 47s. and class 3, 55s. The margin is now prescribed of 51s. 6d. for the special class in this State, and this margin maintains the same difference over the top grade guard as previously prescribed by the Court . . .

130 [22 March, 1967.

Mr Harbord also pointed out that a signalman special class was required to work his ordinary hours in six shifts without the payment of the "sixth shift penalty" applicable to other workers including first class signalmen, and he submitted that therefore, and in any event, the total wages of these signalmen should be increased.

In evidence a special class signalman with some years' experience as a signalman dealt in some detail with the work within his present classification and he stated that the evidence was directed specifically to that classiflcation. The Commission is not clear to what extent, if at all, this evidence could be regarded as dealing with the basic features of the work of other signalmen but, in view of what was said, that evidence will have to be regarded as being ix-relevant in considering the claim made on behalf of other signalmen. No other evidence was called and therefore there is nothing before the Commission upon which a decision on the claim for those signalmen could be based. In this respect inspections cannot be regarded as a substitute for evidence for "the proper function of an inspection of work in an industry is to enable the tribunal to understand the questions raised, to follow the evidence, and to apply the evidence". (See 1964 A.R. 1 at p. 5.)

The witness stressed the responsibilities of special class signalmen whose value and responsibility was said to have increased by reason of the greater mileages covered by suburban passenger trains. However, those mileages have changed little since 1956 at or about which time assistance was given to the signalmen in the particular signal boxes and when the Conciliation Commissioner, after hearing argument and evidence relating to the duties and responsibilities of signalmen, said—

The only adjustments made here is to the 4th class signalmen, who have been brought on to £1, again having regard to the rate prescribed for porters. The other rates as expressed are reasonable compared with the rates elsewhere and having regard to the relationship of such classification with guards in this State over a number of years. (36 W.A.I.G. 487 at p. 500.)

Finally the witness expressed the view that his work was similar to that of a train controller, whose margin had been claimed but, under cross examination, it became clear that in reality he knew little of the overall work of train controllers and otherwise he was forced to at least modify the evidence upon which the claim was based.

The Commission inspected signal boxes at Fre- mantle (second class); North Fremantle and Mid- land (first class); and Perth and East Perth (special class), and viewed the work of traffic controllers.

In opposing the application Mr Lund contended that the union had not shown that the work of signalmen was the same as that of officers whose rate of salary had been claimed; that the rates for signalmen were sufficient in that each had been fixed by the Court (or the Conciliation Com- missioner) in 1939, 1949 and in 1956, after hearing argument and evidence, and adjusted since then on wage formulae; that overall the duties and responsibilities of signalmen had not changed for many years and certainly not since 1956; that since at least 1956 a perusal of the Eastern States awards did not reveal a greater increase in the margins for signalmen than the one obtained in

this State; that the union, having specifically rejected any "relativity" with guards should not be granted an increase in margins based on any such relativity and that special class signalmen should not be awarded a higher wage merely because those hours are worked over six days of the week.

Mr V. W. D. Hunt, an Assistant Safe Working Inspector, in evidence on behalf of the employer, distinguished the work of signalmen and traffic controllers and he maintained that, generally, the duties and responsibilities of signalmen had not altered in such a way to require an increase in margins. Under cross-examination the witness expressed the view that a signalman, special class, by reason of his duties and responsibilities, was entitled to a margin in excess of any prescribed for a guard but added that little or no comparison could be made between the duties of a guard and a signalman. Finally, he was of the opinion that a better comparison could be made with the train controller than with the guard but only insofar as signalling duties were concerned.

Before continuing, it seems desirable to refer to the hours worked by a special class signalman. That signalman works a six-hour shift on each of the six ordinary days in the week and does not receive an additional rate for being called upon to so work. His hours were so fixed in 1928 "in consequence of the nature of their work requiring constant and unremitting strain and attention and hard physical exertion" (8 W.A.I.G. 213 at p. 217) when other workers were required to work a forty-four hour week over either five or six days. Since then the five-day week has become fairly universal and other railway workers, including signalmen first class, receive additional pay when called upon to work six ordinary shifts in any week. It follows, therefore, that the award provisions reflecting the value of the work of a special class signalman are not as advantageous, relatively speaking, to that signalman as was previously the case and because of this the margin needs to be increased.

I turn now to the claim that the wages prescribed for certain railway officers should be awarded to signalmen, special class and first class. This involves the application of the principle of comparative wage justice and to succeed it must be shown that the duties and responsibilities of the signalmen concerned are the same as, or so similar to, the particular railway officers that it would be unjust to prescribe a different margin. The onus of so satisfying the Commission rests on the union, which sought to draw the comparison, but clearly the evidence, where available, and inspections, failed to indicate that sameness of duties. Whilst controllers are called upon to alter signals and change points, as are special class signalmen, they are also required to perform other duties and it is the whole of the work, with the responsibilities involved, which must be considered. Additionally the Commission was given no information on the hours worked by controllers nor of their other conditions of employment which, in view of the special hours prescribed for special class signalmen, would need to be taken into account in any comparison of wage rates. In relation to first class signalmen, no attempt was made to compare their work with that of the railway officers whose margin was claimed and as stated no evidence was called. Finally there was nothing


to indicate that the present differential of approxi- mately two dollars between the margins of first and second class signalmen should be increased to one of ten dollars.

The case advanced on behalf of the union rested basically on the comparison sought to be drawn and, having failed in that respect, and having regard to the substantial merits of the respective cases, the application must be dismissed except to the extent previously mentioned.

Having so decided, the following features of this matter should be noted:—

(1) No evidence was called to support increases for certain signalmen nor reasons advanced for those increases.

(2) The evidence called outlined the duties and recognised responsibilities of special class signalmen but did not support the claim put forward based on the principle of comparative wage justice.

(3) Otherwise, in relation to the value of a signalman's duties and responsibilities—

(a) the margins for the classification of signalman in the other States range, for example, from seven dollars and ninety-five cents to eighteen dollars and thirty cents in Victoria and from six dollars and eighty-five cents to seventeen dollars and ten cents in South Australia, but not necessarily for the same work as that performed in this State;

(d) In those other States, as in this State, a guard may receive a higher margin than a signalman;

(c) guards in the other States, as well as in this State, have received an increase in marginal rates for specific reasons and comparatively recently but the rates for signalmen have remained unchanged except for economic formulae;

(d) marginal rates and conditions of employment for this industry have been influenced by Federal awards and that principle, having been sought by the union and accepted by the Commis- sion, cannot be set aside lightly. Whilst it is said there is no comparison available with other States, the 1949 and 1956 decisions referred to in this judgment do not entirely support that statement and it seems more than coincidental that the first and second class signalmen in this State receive the same margin, for example, as other classes of signalment in Vic- toria and New South Wales; and

(e) clause 31 of the award provides that signal boxes shall be graded according to the work performed and it is that grading which fixes the signalman's classification.

Decision accordingly.



Railway Employees' Union of Workers, Appli- cant, and the Western Australian Govern- ment Railways Commission, Respondent.

HAVING heard Mr S. J. Harbord on behalf of the applicant and Mr J. Lund on behalf of the respondent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me by the Chief Indus- trial Commissioner and in pursuance of the powers contained in section 92 of the Industrial Arbitra- tion Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Railway Employees' Award, No. 3 of 1961, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from and including the 12th day of March, 1967.

Dated at Perth this 8th day of March, 1967. [L.S.] (Sgd) D. CORT,

Commissioner.

Schedule. 1. Delete from subclause (7) Signal Cabins of

Clause 31—Special Rates and Provisions, the following words:—

Moore Street, Perth—Fourth Class.

2. Delete from Clause 44—Wages, Items No. 13, 118 and 122 and insert in lieu thereof the following:— Item

No. Margin over basic wage. $

(13) Signalmen: (a) Third class 5.80 (b) Second class 7.95 (c) First class 9.90 (d) Special class (per day of six

hours) 15.50 (A worker engaged cutting in shall

be paid at the rate not less than that of a third class signalman for each day so engaged.)

(118) Fork lift driver 8.45

(122) Driver of mobile crane: (a) Five ton capacity and under .... 8.70 (b) Over five ton but not more than

ten ton capacity 9.60 (c) Over ten ton but not more than

twenty ton capacity 10.80 (d) Over twenty ton capacity ... 11.85

All appointed mobile crane drivers to be classified under (a) hereof and, when driving mobile cranes of a higher carrying capacity than those applicable to that classification, to be treated as working in a higher- capacity and paid accordingly.

WESTERN AUSTRARIAN INDUSTRIAL GAZETTE. [22 March, 1967.

RESTAURANTS AND TEAROOMS. (Metropolitan.)



No. 9 of 1967. Between the Hotel, Club, Caterers, Tearoom and

Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and Boans Limited, and others, Respondents.


That the Restaurant Tearoom and Catering Workers (Metropolitan) Award, No. 7 of 1961, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. [L.S.j (Sgd.) S. F. SCHNAARS,

Commissioner.

RESTAURANTS AND TEAROOMS. (South-West Land Division.)

Award No 28 of 1959.


No. 10 of 1967. Between the Hotel, Club, Caterers, Tearoom and

Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and Bunbury Cafe Co., and others, Respondents.


That the Restaurant Tearoom and Catering Workers (South-West Land Division) Award, No. 28 of 1959, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. [L.S.] (Sgd.) S. F. SCHNAARS,

Commissioner.

Schedule. Clause 15—Wages: Delete subclauses (a), (b)

(c) (a) of this clause and insert in lieu thereof:— (a) Basic wage (per week): $



Male. Female. Cooks — In establishments $ $

where three cooks are employed—

First cook 9.60 9.60 Second cook .... .... 6.70 6.70 Third cook 6.10 6.10 Other cooks 6.10 6.10

Where two cooks are employed—


Where only one cook is employed 7.45 7.45

Waiter and/or stewax-d .... 3.75 — Dining room cleaner 3.75 — Kitchenman, pantryman, scul-

leryman, yardman, handyman, general hand, and unspecified workers .... 3.00 —

Kitchen charge-hands in tearooms — 3.90

Counterhand — 3.65 Waitress — 3.65 Kitchenmaid, pantrymaid,

scullerymaid, cleaner, general hand and unspecified workers — 3.30

(c) (a) Barman 8.40 — Barmaid — 16.77


(2) of this clause and insert in lieu thereof:— (1) Basic wage (per week): $


(2) Classification and margin per week over basic wage:

Male. Female. Cooks — In establishments $ $

where three cooks are employed—

First cook 9.60 9.60 Second cook 6.70 6.70 Third cook 6.10 6.10 Other cooks 6.10 6.10

Where two cooks are employed—


Where only one cook is employed 7.45 7.45

Waiter and/or steward .... 3.75 — Dining room cleaner 3.75 — Kitchenman, pantryman, scul-

leryman, yardman, handyman, general hand, and unspecified workers .... 3.00 —

Kitchen charge-hands in tearooms — 3.90

Counterhand — 3.65 Waitress — 3.65 Kitchenmaid, pantrymaid,

scullerymaid, cleaner, general hand and unspecified workers — 3.30

Barman 8.40 — Barmaid — 16.77


ROPE AND TWINE WORKERS. Award No. 11 of 1963.


No. 444 of 1966.

Between Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union of Workers, Applicant, and West Australian Rope and Twine Company Pty Ltd, Respon- dent.

HAVING heard Mr W. Latter on behalf of the applicant and Mr G. J. Martin on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Rope and Twine Workers' Award, No. 11 of 1963, as amended, be and the same is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 27th day of January, 1967. [L.S.] (Sgd) S. F. SCHNAARS.

Commissioner.

(4) Junior workers (male) (percent, of male basic wage per week): %

14 to 15 years of age 30 15 to 16 years of age 40 16 to 17 years of age .... .... 50 17 to 18 years of age 60 18 to 19 years of age 70 19 to 20 years of age 80 20 to 21 years of age 95

(5) Junior workers (female) (percent, of female basic wage per week): %

15 to 16 years of age 35 16 to 17 years of age 45 17 to 18 years of age 55 18 to 19 years of age 70 19 to 20 years of age 80 20 to 21 years of age .... .... 95

2. Clause 21—Leading Hands: Delete this clause and insert in lieu the following:—

21.—Leading Hands. Any worker placed by the employer in charge of

three or more other workers shall be paid two dollars thirty cents per week in addition to the rates prescribed in clause 20.

Schedule.

1. Clause 20—Wages: Delete this clause and insert in lieu thereof the following:—

20.—Wages.


(1) Basic wage (per week): $ Adult males 33.50 Adult females 25.13

(2) Adult males (margin over male basic wage per week ):

Rope layer on heavy type strand machine 7.40

Rope splicer on driving ropes and springs 5.60

Rope layer (other) in walk with traveller 5.20

Combination spinning and spooling machine operator 4.65

Rope house machinist 4.65 Feeder on first spreader 4.30 Oiler and/or belt repairer 4.30 Workers lumping, loading and un-

loading hemp 3.80 All other machine operators or

workers feeding or taking from machine 3.80

All others 2.60 (3) Adult females (margin over female

basic wage per week) 2.80

SCHOOL EMPLOYEES. (University Colleges, Country High Schools

and Swanleigh.) Award No. 34 of 1965.



of Australia, West Australian Branch, Union of Workers, Applicant, and St Thomas More College, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Indus- trial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Schools, Hostels and University Colleges Award, No. 34 of 1965, be and the same is hereby amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


(Sgd) S. F, SCHNAARS, [L.S.] Commissioner.





(1) Basic Wage (per week): $ Adult males 33.50 Adult females ... 25.13

Male. Female. $ $

(2) Classifications and margin over male or female basic wage per week: (a) In establishments

where three or more cooks are employed—

1st cook . 9.30 9.80 2nd cook 6.60 6.60 Other cooks 5.10 5.10

Where two cooks are employed—

1st cook 8.30 8.30 Other cook . .. 5.80 5.80

Where only one cook is employed 6.,60 6.60

(b) Kitchenman, pantryman, houseman yardman and dining room attendant . . 3.00 —

(c) Kitchenmaid, pantrymaid, dining room attendant and housemaid — 2.40

(d) Laundress and seamstress — 2.80

(e) Gardener , 3.70 — (3) Junior Workers:

(a) Males (per cent, of male basic wage per week): %

Under 17 years of age 50 17 to 18 years of age 60 18 to 19 years of age 70 19 to 20 years of age ... 80 20 to 21 years of age 95 The proportion of male juniors

shall be— (1) Gardeners: One junior to

every two or fraction of two adult workers.

(ii) Others: One junior to every four or fraction of four adult workers.

(b) Females (per cent, of female basic wage per week):

Under 17 years of age 55 Under 18 years of age 65 Under 19 years of age 75 At 19 years of age—Full adult

rate. The proportion of female

juniors shall be one junior to every three or fraction of three female workers in receipt of the full adult rate.

(4) A female leading hand, appointed as such by the employer shall be paid one dollar and ten cents per week in addition to the rates prescribed herein.

(5) A male leading hand placed in charge of not less than three and not more than ten other workers shall be paid two dollars and thirty cents per week extra.

SCHOOL EMPLOYEES. (Independent Day and Boarding.)



Between Federated Miscellaneous Workers' Union of Australia, West Australian Branch, Union of Workers, Applicant, and Guildford Grammar School, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr G. J. Martin on behalf of the respondents, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Independent Day and Boarding Schools Award, No. 33 of 1959, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.




In lieu thereof:— 29.—Wages.


(a) Basic Wage (per week): $ Adult males 33.50 Adult females ... . 25.13

Males. Females. (b) Classifications (adults—mar-

gin over male or female basic wage per week): $ $

(i) Cooks— In establishments where

three or more cooks are employed—

1st cook 9.80 9.80 2nd cook .... .... 6.60 6.60 3rd cook 5.10 5.10

Where two cooks are employed—•

1st cook 8.30 8.30 Other cook 5.80 5.80

Where only one cook is employed 6.60 6.60

(ii) Kitchenman, pantryman, houseman, yardman and dining room attendant ... 3.00 —

(ill) Kitchenmaid, pantrymaid, dining room attendant, housemaid — 2.40

(iv) Laundress and seamstress —■ 2.80 (v) Groundsman 3.70 —

(c) Junior Workers— (i) Males (per cent, of male basic

wage per week): % Under 17 years of age 50 17 to 18 years of age 60 18 to 19 years of age 70 19 to 20 years of age 80 20 to 21 years of age 95

22 March, 1967.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE

(b) Adult Males (margin over male basic wage per week): $

(i) Manufacture and/or repair of machine belting, gaskets and pump washers or similar articles 6.70

The proportion of male Juniors shall be— (i) Groundsman: One junior to

every two or fraction of two adult workers.

Ui) Others: One junior to every four or fraction of four adult workers.

(ii) Females (per cent, of female basic wage per week): %

Under 17 years of age 55 Under 18 years of age 65 Under 19 years of age 75 At 19 years of age Full adult rate. The proportion of female juniors shall

be one junior to every three or fraction of three female workers in receipt of the full adult rate.

(e) Senior female workers, appointed as such by the employer shall be paid one dollar and ten cents per week in addition to the rates prescribed herein.

(f) A male leading hand placed in charge of not less than three and not more than ten other workers shall be paid two dollars thirty cents per week extra.

SADDLERS AND LEATHER WORKERS. Award No. 7 of 1962.



of Australia, West Australian Branch, Union of Workers, Applicant and Hugo Fischer Pty Ltd, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Saddlers and Leatherworkers' Award, No. 7 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 3rd day of February, 1967. [L.S.J (Sgd.) S. F. SCHNAARS,

Commissioner.

Schedule 1. Clause 9.—Wages: Delete this clause and




(ii) (a) Saddlery and Harness Sec- tion—Manufacture and/or repair of saddles, harness, harness saddles, bridle work and strappings, collars for horses or similar collars, whips and whipthongs 9.15

(b) Leathergoods Section— All workers engaged in the manufacture of leather goods 8.75

(c) Fibre Goods Etc., Section— Manufacture and/or repair of portmanteaux, bags and trunks, suit and attache cases, travel goods, musical instrument and similar cases, covered wireless or radio cases, slither cans, welders and similar industrial masks and other articles as are made of fibre 7.70

(d) Sporting Goods Section— Manufacture and/or repair of sporting goods of all descrip- tion 8.40

(o Adult Females (margin over basic female wage per week):

Journeywomen .... 3.15

(d) Junior Workers (Male): (percent, of male basic wage per week): %


(e) Junior Workers (Female): (percent, of female basic wage per week):


(f) Apprentices (Male): (percent, of male basic wage per week):

1st year 35 2nd year 50 3rd year 68 4th year 90 5th year 100 + $3.82

2. Clause 23.—Leading Hands: Delete this clause and insert in lieu thereof:—

23.—Leading Hands. Any male worker placed by the employer in

charge of three or more other workers shall be paid two dollars thirty cents per week in addition to the rates prescribed in the Wages Clause.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [22 March, 1967. 136

SIGNALMEN, MASTERS AND LAUNCH DRIVERS. (Fremantle Port Authority.)



Between Merchant Service Guild of Australia, Western Australian Section, Union of Workers, Applicant, and Fremantle Port Authority, Re- spondent.

HAVING heard Mr B. Foley on behalf of the applicant and Mr J. Collins on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Fremantle Harbour Trust (Signal- men, Masters, Engineers and Launch Drivers) Award, No. 7 of 1953, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


1L.S.1 Commissioner.


insert in lieu thereof:— 10.—Rates of Pay.

$ (a) Basic Wage (per week) 33.50 (b) Margins (per week):

Masters and Signalmen 16.15 Engineers 19.25

(c) To the wage prescribed in (a) and (b) hereof shall be added five per cent, as compensation for shift work.

(d) Wages shall be payable weekly. Clause 20—Rates of Pay: Delete this clause and

insert in lieu thereof:— 20.—Rates of Pay.

$ (a) Basic Wage (per week) 33.50 (b) Margin (per week) 12.95 (c) Wages shall be payable weekly.

SHIP PAINTERS AND DOCKERS. Award No. 29 of 1960.


No. 108 of 1967. Between Federated Ship Painters and Dockers'

Union of Australia (West Australian Branch) Union of Workers, Applicant, and Adelaide Steamship Company Limited and others, Minister for Works, State Shipping Service and Fremantle Port authority, Respondents.

HAVING heard Mr P. L. Troy on behalf of the applicant, Mr G. D. Johnson on behalf of the State Shipping Service and the Minister for Works, Mr J. Collins on behalf of the Fremantle Port Authority and Mr H. J. De Burgh on behalf of the Adelaide Steamship Company Limited and other private employers, and by consent, I, the undersigned, Chief Industrial Commissioner of The

Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Ship Painters and Dockers' Award, No. 29 of 1960, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. [L.S.I (Sgd) S. F. SCHNAARS,

Commissioner.

Schedule. Clause 9—Rates of Pay: Delete subclauses (a)

and (b) of this clause and insert in lieu thereof, the following:— $


(i) Riggers 13.80 (ii) General hands .... 9.10 (iii) Leading hands in charge of 10

men or less—an additional margin of 5.10

(iv) Leading hands in charge of more than 10 men an additional margin of 5.60

(v) Sub-foreman (previously known as ganger)—South Slipway .... 17.40

SHIP PAINTERS AND DOCKERS. (Mooring Staff.)



Between Federated Ship Painters and Dockers' Union of Australia (West Australian Branch) Union of Workers, Applicant, and Fremantle Port Authority, Respondent.

HAVING heard Mr P. L. Troy on behalf of the applicant and Mr J. Collins on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Austra- lian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Mooring Staff Award, No. 31 of 1959, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. (Sgd) S, F. SCHNAARS,

[L.S.I Commissioner.


insert in lieu thereof the following:— 7.—Rates of Pay. $


(i) Leading hand 18.80 (ii) Ordinary hand 13.80


SOAP AND ALLIED PRODUCTS EMPLOYEES. Award No. 25 of 1960.



of Australia, West Australian Branch, Union of Workers, Applicant, and Westralian Soaps Pty Ltd, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr. G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Soap and Allied Products Manufac- turing Award, No. 25 of 1960, as amended, be and the same is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.



Schedule. 1. Clause 26—Wages: Delete this clause and


26.—Wages. (a) Wages shall be paid at least weekly. (b) Basic Wage—Whole of State (per

week): $ Males 33.50 Females 25.13

(c) Adult Males (margin per week) : Glycerine Hand 6.20 Making soap powders, liquid deter-

gents, polishes and stains 6.20 Mixing and blending polishes and

stains 5.30 Soap Crutcher 4.50 General Hands other than above .... 4.20

(d) Adult Females 1.80 (e) Junior Workers:

(i) Males (per cent, of male basic wage per week): %


(ii) Females (per cent, of female basic wage per week): %


137

2. Clause 27—Leading Hands: Delete this clause and insert in lieu thereof the following:—

27.—Leading Hands. Any worker placed by the employer in charge of

three or more other workers shall be paid the following rates in addition to their ordinary rates of wages:—

$ Adult males .... 2.30 Adult females 1.20

SOFT FURNISHINGS. Award No. 13 of 1963.


No. 16 of 1967. Between the United Furniture Trades Industrial

Union of Workers, W.A., Applicant, and Boans Limited, Bairds Limited and others, Respon-

HAVING heard Mr H. Cox on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitra- tion Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Soft Furnishings Award, No, 13 of 1963, be and the same is hereby amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


(Sgd) S. F. SCHNAARS, CL.S.l Commissioner.

Schedule. 1. Clause 7—Wages: Delete subclauses (1), (2)

and (3) of this clause and insert in lieu thereof:— The following shall be the minimum rates of

wages payable to workers covered by this award:.—

(1) Basic Wage (per week) $ Males 33.50 Females .... .... 25.13

(2) Adult Males (margin over basic wage per week):

Carpet Planner 12.30 Carpet Cutter 9.15 Installer 9,15 Blind Maker and Finisher 9.15

(3) Adult Females (margin over basic wage per week):

Cutter of loose covers, curtains and drapes 4.45

Carpet Sewer 3.95 All others 3.35

(6)—3351 2


2. Clause 9—Leading Hands: Delete this clause and insert in lieu thereof:—

9.—Leading Hands. (1) Males: A leading hand placed in charge of—

(a) not less than three and not more than ten other workers shall be paid two dollars and thirty cents per week extra.

(b) more than ten and not more than twenty other workers shall be paid four dollars and forty-five cents per week extra.

(c) more than twenty other workers shall be paid six dollars and sixty-five cents per week extra.

(2) Females: A leading hand placed in charge of—

(a) less than three other workers shall be paid eighty-five cents per week extra.

(b) three or more but less than ten other workers shall be paid one dollar and sixty cents per week extra.

(c) ten or more other workers shall be paid three dollars and ten cents per week extra.

TRANSPORT TRUST. (Traffic and Non-Traffic.)



Between Metropolitan State Passenger Transport Industrial Union of Workers, Applicant and Metropolitan (Perth) Passenger Transport Trust, Respondent. Before Mr Commissioner J. R. Flanagan.

The 10th day of February, 1967. Mr I. T. Fraser on behalf of the applicant. Mr R. S. Lane on behalf of the respondent. Mr A. F. Bennett on behalf of the Transport

Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch.

Mr R. L. Jones on behalf of The West Australian Vehicle Builders' Industrial Union of Workers.

Judgment. MR COMMISSIONER: This is an application by the Metropolitan State Passenger Transport Union to amend the "Transport Trust (Traffic and Non- Traffic) Award 1964".

That Award No. 44 of 1961 was made by Con- ciliation Commissioner Schnaars, as he then was, on the 17th January, 1964, for a term of three years.

A preliminary objection raised by the respondent employer that the provisions of subsection (5) of section 92 of the Industrial Arbitration Act pre- cluded the application being granted in respect of a number of matters claimed, was argued and determined during the proceedings.

The matters remaining for adjudication therefore are those upon which the objection by the respondent was not sustained and those matters upon which liberty has been reserved under clause 31 of the award which reads—

Liberty is reserved to any of the parties to this Award to apply to amend any or all of the provisions of the Non-Traffic Section which were the subject to difference between the parties as indicated by the issues on this Reference.

However, before turning to consider these matters I have, by consent, amended Clause 17—Uniforms and Protective Clothing or Equipment, by including a provision enabling the parties to refer to a Board of Reference any dispute that may arise from the application of the provisions of this clause. Marginal rates in respect of tradesmen classifications, also by consent, have been increased to a level of parity with those prescribed in the Metal Trades (General) Award 1966.

The wages clause by consent has been further amended with the deletion of a number of classifications which are no longer applicable.

I turn now to a consideration of the issues in dispute.

22.—Annual Leave and Holidays. On the 8th January, 1965, by Order No. 2 of

1965, the clause was amended by the addition of a provision directed to workers covered by the Traffic Section of the award whereby any such worker failing or refusing to—■

carry out his duties, including the working of reasonable overtime on his rostered days or rostered days off, in a manner satisfactory to the Traffic Manager ... or is absent from his employment for any cause not authorised by the employer other than an absence where the worker is entitled to compensation under the Workers' Compensation Act or is absent due to personal ill health or injury to the worker . . . shall . . . have the period of annual leave to which he is entitled or may become entitled . . . reduced by one day for each and every day or part of a day he is so absent from work or refuses or fails to work as required.

The subclause further prescribed that— any dispute in respect to the application given to this subclause in any particular case may be referred to the Industrial Commission for hearing and determination.

In applications numbered 12 and 34 of 1965 the applicant union together with the Transport Workers' Union sought the deletion of these provisions. These applications were dismissed by the Chief Commissioner on the 31st March, 1965, who in the course of his decision observed—

An award prescribes rights which are legally protected under both the Act and the Award. These rights are usually awarded on the underlying assumption that obligations inherent in the contract of employment will be fulfilled. Where such obligations are not fulfilled, the necessity can arise to express in the award the conditions under which award entitlements become due. This is precisely what happened when the Commission amended the award by including the provision now sought to be deleted (45, W.A.I.G., p. 142.)

In again seeking its deletion Mr Fraser, for the applicant union, referred to the adoption by the union of a "more responsible attitude" in its industrial relations. It was submitted that this changed behaviour is reflected in the consistent recourse to arbitral processes for the settlement of its disputes, a policy Mr Fraser assured the Commission would continue to be applied.

Mr Bennett, for the Transport Workers' Union, supporting the claim pointed to the exemplary record of this union in its relations with the respondent employer. He submitted that there had


been a significant change in the composition of the relevant work force which had been brought about by the replacement of former employees who had taken advantage of employment opportunities in the north west of the State. These replace- ments, he said, in combination with those remaining, constituted "a fine body of persons . . . who have a completely different and responsible attitude ..." (Transcript p. 23.)

The respondent employer's opposition to the deletion of the provision was based on the contention that although to date there had been no need for the application of the particular provision, the existence of such a provision in the award provided a "valuable deterrent against any rash action." Whilst I may acknowledge the efficacy of deterrents in "cold war" situations or under conditions where a deliberate and conscious policy of ignoring industrial obligations prevails, I am nevertheless of the opinion that to retain unduly such a provision in the award in circumstances where the industrial climate has so markedly im- proved, would not be conducive to the continued maintenance of harmonius relations and for this reason I have decided to grant the claim for the deletion of subclause (17). I think I should say that in reaching this conclusion I was not per- suaded or influenced in any way by the unsup- ported allegations of Mr Eraser concerning the improper use of the provision by certain officers in inducing men to work on rostered days off without regard for any personal inconvenience caused through compliance with the request.

I accept Mr Lane's statement in respect of the positive, action by the employer in issuing an in- struction undertaking to take disciplinary action against any officer for failing to obey as a clear manifestation of the employer's concern to fore- stall any unscrupulous or unreasonable application of the provision.

If, notwithstanding the foregoing, there had been instances of workers being compelled to work under duress, it seems that evidence of such experi- ences would have been readily available.

But be that as it may, I consider that the provision, introduced as it was during a turbulent period of the union's history, should now be withdrawn.

24.—Definitions. In a revision of classifications the parties agree

that Mess Room Attendant and Lavatory Attend- ant classifications should be deleted from the wages clause and a new classification of Cleaner in- serted. This in turn has led the applicant to seek the inclusion of a definition of "cleaner" in similar terms to that expressed in the Cleaners and Caretakers (Government) Award No. 9 of 1936. In addition the work "premises" appearing in the proposed definition of "cleaner" is sought to be defined to include all buildings in occupation by the Trust. The respondent opposing the claim contended that the term "cleaner" is self- explanatory and therefore has no need of definition.

It is noted that although there are thirty-eight marginal rates presently prescribed under thirty- two main classification headings, it has been considered necessary to define only seven callings, one of which, that of "welder", having each of four classes separately defined.

In the circumstances and at this stage I am dis- posed to agree with the submissions of the respondent and the claim is accordingly disallowed.

25—Special Rates and Provisions. Under this heading the union seeks an increase

in a tool allowance from 2s. or 20 cents to 65 cents per week.

The existing relevant subclause reads— (1) Tools:

(a) Woodworkers and other branches requiring files and hacksaw blades, bench bench vices, cramps (above four inches) and rasps for the execution of their work, to be supplied with same by the Trust.

(b) Where the apprentice to woodworking provides his own tools other than those mentioned in paragraph (a) hereof he shall be paid an allowance of two shillings (2s.) per week in his fourth and fifth year.

(c) Where a woodworker provides his own tools other than those mentioned in paragraph (2) hereof he shall be paid an allowance of two shillings (2s.) per week.

In addition to seeking an increase in the amounts currently prescribed in paragraphs (b) and (c) the union has claimed the inclusion of an additional subclause which reads—

Any tradesman required to supply and maintain a tool kit shall be paid an allowance of sixty-five cents (65c) per week extra.

The allowance rate claimed is taken from that payable to a car and wagon builder, described by the applicant as a "coach builder" employed under the terms of the Railway Employees' Award Con- solidated 1964 and who, according to the applicant "could be classed as similar to the body builders, etc., in this award". (Transcript p. 107.)

Whether the use of the expression "etcetra" was intended by the applicant in this context to em- brace tradesmen other than body builders I do not know but it is clear from the wording of the claim, the evidence of witnesses Messrs Holmes and Gray and Exhibit C. produced by Mr Eraser listing the essential tools for repair kits for a panel beater and a trimmer in addition to that required by a body builder, that the allowance claimed is intended to apply at least to the three aforementioned callings.

I think the first thing to be noted is that a tool allowance in the Railway Award is on a more comprehensive basis and ranges from 15 cents in the case of painters and signwriters to 65 cents for carpenters, car and wagon builders and patternmakers, a trimmer having an entitlement to 30 cents per week and apprentices receiving commen- surately lower rates.

Secondly, the employer under that award supplies all tools required for the work of sheet metal workers and in addition supplies specified tools to car builders, wagon builders, carpenters and patternmakers' apprentices with the proviso that such tools remain the property of the employer only until the satisfactory conclusion of the apprenticeship course.

On the other hand a tool allowance in this award, as previously mentioned, has application only to a woodworker or an apprentice to woodworking in his fourth or fifth year.

From a consideration of the foregoing I am unable to accept, directly or inferentially, the argument of comparability in this matter.

140

The provision as presently worded is in identical terms, other than the amount of the allowance, with that contained in the Vehicle Builders' Award, No. 8 of 1955, which prescribes 30 cents per week. The respondent submitted that body builders in this industry are in marked contrast to the car builders of the tramways era and as such, working predominantly in metal, are not woodworkers in the proper sense of the word.

Although strongly opposing the extension of a tool allowance to metal workers, for whom a claim had been recently rejected by Mr Commissioner Kelly in the Metal Trades (General) Award, Mi- Lane stated that "while body builders are not now truly woodworkers there is sufficient of this element for them to be given the benefit of this provision . . . ". He went on to say "as with the rates of pay we are prepared to accept what is provided in industry generally so that the award need not be varied as it stands at the moment excepting to substitute 30 cents for the present 20 cents . . ."

Having carefully considered all of the material put to me in respect of this matter I have decided to accept the submissions of the respondent employer and increase the allowance to 30 cents.

27.—Overtime.

Under this heading the union seeks to delete the existing provisions and replace them with provisions similar to those prescribed in the Metal Trades (General) Award 1966.

The main difference in respect of this clause is whether double time should be paid after the first two hours of overtime or after the first four hours and after 12 noon on Saturdays. Additional variations which would be effected by granting the claim would be an increase of five cents to the existing meal allowance and an entitlement to payment for three hours at overtime rates for a worker recalled to work after leaving the job in place of the existing entitlement to payment for two hours. I think in this matter the union's claim should be allowed and generally the provisions relating to overtime in the metal trades award should apply to workers employed in the non traffic section.

As already mentioned the marginal rates fixed for tradesmen under the metal and building trades awards have been applied by consent to similar tradesmen classifications in this award. It follows in my view that particularly in respect of overtime, there should be uniformity of conditions applying to such workers but in any event, having regard for the principles expressed on this matter in the Dairy Factory Workers and Metal Trades cases by Commissioner Kelly, with which I agree, I do not consider that, in this instance, there is any special circumstance which would justify a denial to the workers concerned of the aforesaid conditions.

In regard to the particular submission relating to the incidence of overtime, of Mr Lane, that workers covered by this award seldom work overtime, I think I should say that all of the matters put to me, including this particular point, were carefully considered.

It was acknowledged that it had been found necessary in the past to work overtime on a regu- lar basis for a few months owing to a shortage of tradesmen but the daily period was of such short duration that no material change from a monetary aspect would have been created had the provisions now claimed been operative.

Be that as it may, I am of the opinion that in this matter the factor of comparability is sufficient to prevail and, subject to the inclusion of the qualification raised by the respondent in respect of the meal allowance and the retention of the discretionary alternative under the annual leave and holidays clause, the claim is granted.

28.—Wages.

In a revision of classifications the parties in their negotiations have agreed to delete a number of classifications which are considered in some cases to be obsolete and, in others, unnecessary. As a result the previous wages schedule of thirty-two classifications has been reduced to nineteen and the remaining classifications have accordingly been renumbered.

As previously mentioned, marginal increases for tradesmen and motor vehicle drivers have been adopted by consent, accounting for seven of the classifications, with rates for the remaining twelve being in dispute.

In this application the union seeks to have the margins increased to $7 in the case of a messenger, cleaner, poling gang worker, painter's labourer and gatekeeper; $8.75 for a steam cleaner; $9.35 for tyre and tube attendant; $10 for a shunter; $10.20 for a storeman; $10.55 for omnibus and trolley bus attendant; $14.20 for a linesman and $16.40 for a linesman in charge of tower wagon.

The last occasion, according to Mr Fraser, on which margins for classifications in the non traffic section were the subject of review was in 1956 and their existing level was achieved by subsequent application of percentage formulae that had originated in decisions of the Commonwealth Court in respect of the Federal Metal Trades Award. However, in 1960 in a reference of industrial dispute consideration was given by the Court of Arbitration to claims for increases in margins for a number of similar classifications that are disputed in these proceedings.

Although these claims were rejected on the ground that no evidence was brought in support of the claims, the Court on that occasion also rejected claims for equivalent margins for linesmen payable under the State Electricity Commission Award, having found that the conditions of work were not similar. (40 W.A.I.G. p. 776.)

In support of the present claim for increased margins, Mr Fraser indicated that his case would be based on submissions, evidence and inspections to show—

that the margins prescribed at the present time are not in keeping with the responsibility and the work value that exists today; and that they have lost their relativity and value as compared with the rates fixed after proper investigations in previous years. In this regard, evidence was adduced from

workers employed in each of the classifications under review other than those of poling gang and painter's labourer.

The evidence mainly comprised a detailed des- cription of duties of the various classifications, coupled with an exhibit setting out marginal movements for tradesmen between 1947 and 1960 and corresponding marginal movements for other relevant classifications during the same period and a further exhibit showing the comparable marginal rates prescribed under Federal awards.


Notwithstanding that the fixation of margins in this industry has resulted in the past from a consideration of margins payable under awards regu- lating tramways and omnibus transport operations in other States, the applicant expressed some doubt as to whether, in the present circumstances, the prevailing rates in other states would provide "a proper guide .... at this particular stage" in assessing appropriate margins.

It appears that this doubt stems from the belief that a new principle of standard rates may result from a comprehensive review of marginal rates which has been made by a Federal Commissioner, involving all other States other than Queensland. The result of this review has not been received by this Commission to date and therefore any argument directed to this factor of comparability is necessarily one for future consideration.

It seems that the main pillar on which the applicant relies for support is a restoration of the former relativities, generally speaking, which were disturbed upon the Trust's adoption of marginal parity for its tradesmen with those employed under the terms of the Metal Trades (General) Award coupled with the adoption of equivalent rates for motor vehicle drivers in its employ with rates prescribed for similar classifications in the Transport Workers (General) Award.

On the reasoning accompanying the grant of increases by Commissioner Kelly in the case of skilled metal tradesmen, I am unable to accept as a general proposition that semi-skilled workers should necessarily retain pre-existing relativities.

Moreover, I agree with the respondent's submission that the proposition "having failed in a very extensive general metal trades hearing and review . . . any trend setting with a small industry which may be accepted as a better guide than it really is . , ." should be avoided.

It follows therefore that, in my view, the marginal increases as claimed should be disallowed. I do not propose to subject the matters put to me in respect of each classification to a critical ana- lysis but would merely indicate that Mr Lane, for the respondent, established to my satisfaction that margins generally which are currently paid under the award, compare favourably with those workers in classifications which, if not identical, allow for comparison in other industries within the State.

Although disallowing the actual increases sought by the applicant, I am of the opinion that, in respect of certain classifications, there should be some variation to existing margins. Cleaner,

This is a new classification and in all of the circumstances I consider an equitable margin would be $3.25 and I so award. Gatekeeper—Kensington Street Workshops.

In rebuttal of the claim and in an endeavour to justify the retention of the present margin of $2.95, the respondent compared the duties with a gatekeeper employed by the State Electricity Com- mission under the Cleaners and Caretakers Award on a margin of $2.30 and that of a gatekeeper under the Railways Award on a margin of $2.90, contending that a reasonable margin would be found between the aforesaid rates. However, from the evidence of Mr Warner and the impressions gathered on inspection, I am of the opinion that a more appropriate margin would be $3.25 and I so award.

Linesman. On the material put to me in these proceedings

I had no hesitation in reaching the same conclusion as His Honour, Nevile J., in the 1960 case concerning the dissimilarity of working conditions with linesmen employed in the State Electricity Commission which culminated in a rejection of the claim for equivalent margins.

However, on an assessment of comparative work values I am of the opinion that the margin for a linesman employed by the Trust should be fixed at a level no less than that of a driver of a motor vehicle not exceeding 3 tons, which is the weight category in which the tower wagon would fall.

Marginal rates of $9.30 for linesman and $10.35 for linesman in charge of tower wagon are accordingly fixed. Painter's Labourer (Vehicle Building and

Repairing). The respondent having indicated that there is no

objection to the above classification being regarded on the same basis as a tradesman's assistant in industry generally, the margin is accordingly increased to $3.75.

Although the foregoing is the result of a consideration of all the arguments placed before me in the hearing of the application, I consider that in these proceedings I should take into account the Commonwealth Conciliation and Arbitration Com- mission's recent metal trades decision to award marginal increases on economic considerations. This in turn has led to the conclusion that with the exception of tradesmen classifications the formula prescribed in the aforementioned decision should be applied to the remaining classifications in this award.

To the extent therefore that I have taken into account a matter that was not raised during the hearing and having, pursuant to subsection (2) of section 69 of the Act, moved outside of the specific or subject matter of the claim, the parties are advised that they may exercise their rights to be heard in relation to this matter at the speaking to the minutes.

The minutes of the proposed amendments will now issue.

Order Accordingly.


No. 314 of 1966. Between Metropolitan State Passenger Transport

Industrial Union of Workers, Applicant and The Metropolitan (Perth) Passenger Transport Trust, Respondent.

HAVING heard Mr I. T. Eraser on behalf of the applicant, Mr R. S. Lane on behalf of the respondent, Mr A. F. Bennett on behalf of the Trans- port Workers' Union of Australia, Industrial Union of Workers, Western Australian Branch and Mr R. L. Jones on behalf of the West Australian Vehicle Builders' Industrial Union of Workers, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me by the Chief Industrial Com- missioner and in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Transport Trust (Traffic and Non- Traffic) Award, No. 44 of 1961, as amended, be and the same is hereby further amended in


accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 14th day of February, 1967. (Sgd) J. R. FLANAGAN,


Schedule. Clause 17—Uniforms and Protective Clothing or

Equipment: Add the following new subclauses:— (6) In the event of a dispute arising between

the parties as to whether protective clothing or equipment is reasonably necessary, it may be referred to the Board of Reference for determination.

Clause 22—Annual Leave and Holidays: Delete subclause (17).

Clause 25—Special Rates and Provisions: Delete subclause (1) and insert in lieu thereof the following:—

(1) Tools— (a) Woodworkers and other branches re-

quiring files and hacksaw blades, bench vices, cramps (above four inches) and rasps for the execution of their work, to be supplied with same by the Trust.

(b) Where the apprentice to woodworking provides his own tools other than those mentioned in paragraph (a) hereof, he shall be paid an allowance of thirty cents per week in his fourth and fifth years.

(c) Where a woodworker provides his own tools other than those mentioned in paragraph (a) hereof, he shall be paid an allowance of thirty cents per week.

Clause 27—Overtime: Delete this clause and insert in lieu thereof the following:—

27.—Overtime. (1) (a) 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.

(b) Work done on Saturdays after 12 noon or on Sundays shall be paid for at the rate of double time.

(c) Work done on Saturdays, prior to 12 noon shall be paid for at the rate of time and one half for the first four hours and double time thereafter.

(d) When a worker is required for duty during his usual meal time and his meal time is thereby postponed for more than half an hour, he shall be paid at overtime rates until he gets his meal.

(e) In computing overtime each day shall stand alone but when a worker 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 purpose of this subclause.

(2) (a) (i) When overtime work is necessary, it shall, wherever reasonably practicable, be so arranged that workers have at least eight consecutive hours off duty between the work of successive days.

(ii) A worker who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least eight consecutive hours off duty between those times, shall, subject to this paragraph, be released after completion of such overtime until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(iii) If, on the instructions of the Trust, such a worker resumes or continues work without having had such eight consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(b) Where a worker is recalled to work after leaving the job—

(i) he shall be paid for at least three hours at overtime rates;

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

(c) When a worker is required to hold himself in readiness for a call to work after ordinary hours, he shall be paid at ordinary rates for the time he so holds himself in readiness.

(d) A worker shall not be compelled to work for more than six hours without a break for a meal.

(e) Subject to the provisions of paragraph (f) of this subclause a worker required to work overtime for more than two hours shall be supplied with any reasonable and necessary meal by the Trust or be paid sixty-five cents for such meal, and if, owing to the amount of overtime worked, a second or subsequent meal is required, he shall be supplied with such meal by the Trust or be paid forty-five cents for each meal so required.

(f) The provisions of paragraph (e) of this subclause do not apply—

(i) in respect of any period of overtime for which the worker has been notified on the previous day or earlier that he will be required; or

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

(g) If a worker to whom subparagraph (i) of paragraph (f) of this subclause applies has, as a consequence of the notification referred to in that paragraph, provided himself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, he shall be paid for each meal provided and not required, the appropriate amount prescribed in paragraph (e) of this subclause.

(3) The Trust may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement.

143

Clause 28.—Wages: Delete this clause and insert in lieu thereof the following:—

28.—Wages. (1) The minimum rates of wages payable to

workers covered by this section of the award shall be as follows:— $

(a) Basic Wage (per week) 33.50 (b) Classifications and margins per week:

Adult Males: (1) Attendants—Omnibus and

Trolley Bus 6.70 (2) Attendants—Tyre and Tube 6.40 (3) Body builder 15.50 (4) Cleaner 3.65 (5) Gatekeeper—Kensington St.

Workshops 3.65 (6) General Smith 15.50 (7) Lineman 10.10 (8) Lineman in Charge of Tower

Wagon 11.25 (9) Messenger 2.90

(10) Motor Vehicle Driver— Not exceeding 25 cwt 8.60 Not exceeding 3 ton 10.10 Over capacity 3 ton 11.70

(11) Painter and Sign writer (vehicle building and repairing) 15.50

(12) Painter's Labourer (vehicle building and repairing) .... 4.15

(13) Panel beater 15.50 (14) Poling Gang 4.10 (15) Shunter 6.70 (16) Steam Cleaner 6.40 (17) Storeman 7.55 (18) Trimmer (vehicle) 15.50 (19) Welders-

First Class 15.50 Second Class 6.10 Third Class 5.15 Fourth Class 4.40

(2) Leading Hands—A Leading Hand placed in charge of—

(a) Not less than three and not more than ten other workers shall be paid at the rate of $2.30 per week extra.

(b) More than ten and not more than twenty other workers shall be paid at the rate of $4.45 per week extra.

(c) More than twenty other workers shall be paid at the rate of $6.60 per week extra.

(3) Apprentices (per cent, of basic wage): (a) Five-year Term— %


plus $3.82 (b) Four-year Term— %

First year 38 Second year 68 Third year 90 Fourth year 100

plus $3.82 (c) Three-year Term— %

First year 55 Second year 90 Third year 100

plus $3.82 Clause 29.—Apprentices: In subclause (2) delete

"Bodymaking" and insert in lieu thereof "Body- building".

TRANSPORT TRUST. (Traffic and Non-Traffic.)


INDUSTRIAL COMMISSION. Nos. 13 and 14 of 1967.

Between Metropolitan State Passenger Transport Industrial Union of Workers and Transport Workers' Union of Australia Industrial Union of Workers, Western Australian Branch, Appli- cants, and Metropolitan (Perth) Passenger Transport Trust, Respondent.


The 3rd day of February, 1967. Mr I. Frazer on behalf of the Metropolitan State

Passenger Transport Industrial Union of Workers. Mr D. R. Culley on behalf of the Transport

Workers' Union of Australia, Industrial Union of Workers, W.A. Branch.

Mr R. Lane appeared on behalf of the respondent.

Judgment. THE COMMISSIONER: These matters represent two applications, one by the Transport Workers' Union of Australia and the other by the Metro- politan State Passenger Transport Union of Workers, to amend Award No. 44 of 1961 binding on the Metropolitan (Perth) Passenger Transport Trust. Both applications seek to amend the wages schedule for the purpose of giving application to the formula which was recently approved by this Commission when dealing with the Metal Trades Award.

Following that decision it can be accepted that the major responsibility in respect of applications of this nature rests with the respondent to show good cause why the formula should not be given application.

Mr Lane on behalf of the Metropolitan Passenger Transport Trust has indicated his principals' objections to the application of the formula, but I do not feel that it is necessary to call on the applicants to reply to those submissions. The fact is that the wage formula adjustment approved by the Federal Commission has since been approved by this Commission as one which should be given fairly general application in this State excepting where special circumstances may arise.

Following the decision of the Federal Commis- sion on this matter, similar workers employed elsewhere in Australia (excepting at this particular stage workers employed in these capacities in Queensland) have all received the benefit of the formula and I can see no reason why the formula should not be applied to the workers covered by these awards.

The anomaly to which Mr Lane has referred will not be created to the same extent in this State as it might be elsewhere when comparing tradesmen's margins with those of bus drivers, because the tradesmen's margins within this State have recently been substantially increased. However, in the difficult situation in which we are placed today in respect of wage movements throughout different jurisdictions in Australia, I find it extremely difficult to reach a situation where no anomaly will ever be created as a result of what one does. Anomalies, unfortunately, are consistently being created throughout the various jurisdictions and it is becoming an extremely difficult job to avoid being caught up with such situations.


However, this application to apply the formula to the classifications set out should in my opinion be granted, and Award No. 44 of 1961 will now be amended in accordance with the schedule submitted by the parties.,

Order accordingly.


Nos. 13 and 14 of 1967. Between Metropolitan State Passenger Transport

Industrial Union of Workers, and Transport Workers' Union of Australia Industrial Union of Workers, Western Australian Branch, Appli- cants, and Metropolitan (Perth) Passenger Transport Trust, Respondent.

HAVING heard Mr I. Frazer on behalf of the Metropolitan State Passenger Transport Industrial Union of Workers and Mr D. R. Culley on behalf of the Transport Workers' Union of Australia Indus- trial Union of Workers, Western Australian Branch, applicants, and Mr R. Lane on behalf of the respondent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Indus- trial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Transport Trust (Traffic and Non- Traffic) Award, No. 44 of 1961, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


EL.Sff Commissioner.

Schedule. Clause 42—Wages: Delete (b) and (c) of sub-

clause (2) and insert in lieu thereof:— $ (b) Male Classifications (margin per

week): (i) Trolley Bus driver 13.10

(ii) Omnibus Driver 13.10 (iii) Conductor—

First Year 4,90 Thereafter 7^60

(c) Adult Female Classifications (margin per week): (i) Conductresses—

First Year 4.90 Thereafter 7^60

WATER, SEWERAGE AND DRAINAGE EMPLOYEES. (Government).



Between Government Water, Sewerage and Drain- age Employees' Industrial Union of Workers, Applicant, and Hon. Minister for Water Supply, Respondent.

HAVING heard Mr H. R. Barrett on behalf of the applicant and Mr L. E. Boylan on behalf of the respondent, and by consent, I, the undersigned,

Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Government Water, Sewerage and Drainage Employees' Award, No. 8 of 1956, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 10th day of February, 1967. LL.S.l (Sgd) S. F. SCHNAARS,

Commissioner.

Schedule. 1. Part III—Special Rates and Provisions—9—

Special Rates and Provisions: Delete subclause (2) and insert in lieu thereof the following:'—

(2) Leading Hand Tradesman: Any tradesman placed in charge of—

(a) three and not more than ten other workers shall be paid two dollars thirty cents per week extra;

(b) more than ten and not more than twenty other workers shall be paid four dollars forty-five cents per week extra;

(c) more than twenty other workers shall be paid six dollars sixty-five cents per week extra.

2. First Schedule—Wages: Delete this Schedule and insert in lieu thereof the following:—

First Schedule. Wages.

PART 1—Basic Wage (per week)—$33.50.

PART 2—Margins—General (per week). GRADE 1.

Construction and Maintenance Workers. Grade 1 includes the following class of work

(margin per week $3.60):— Attendant on motor pumps. Axeman Grade (1) as defined. Assistant to service layer Grade (2). Bulldozer attendant. Bitumen hand. Concrete sump maker. Concretor as defined. Concretor underground (minimum). Gardening labourer. Hand dollying stump piles in trenches. Kerbers. Labourers not elsewhere specified. Lead runner. Maintenance man irrigation and drainage—

1st three months. Metal or gravel spreader. Pipe setter's assistant as defined. Pipe setter's attendant as defined. Platelayer light tram tracks. Placing stone in foundations. Pug worker. Rodding out new unused reticulation sewers. Riggers assistant. Scarifier. Sculling laths. Steel plate form fixer. Stone cracker feeder. Stone pitcher.


Sinking spears. Tallyman. Temporary jointing with Gibalt joints. Timberman's assistant. Timber stacker. Tipman. Well sinkers to a depth of 20 feet. Wire fence repairer or erector.

GRADE 2. Grade 2 includes the following class of work

(margin per week, $4.40):— Assistant to leading maintenance man and

service layer Grade (1). Batterman or trimmer. Braceman (as defined). Brush hand or spray operator. Camp attendant. Can man. Chainman. Chlorine attendant. Concrete kerb layer. Crane attendant and bookman. Cut and cover man (as defined). Diamond drillers assistant. Hammerman, gadman or drillman. Jumperman. Nu-roof caulker. Pipe fitter—screwed pipes. Pipe layer—culverts. Pipe layer—rubber jointed pipes. Pump attendants—spear plants, water supply

pumping station (Metropolitan Area) and sewerage station.

Screeder. Spaller. Steel frame and tank assembler. Storeman's assistant. Timber cutter (as defined). Well sinker over a depth of 20 ft. or where

explosives are used. GRADE 3.

Grade 3 includes the following class of work (margin per week, $5.20):—

Barring down in quarries. Bottom man (as defined). Concretor manhole covers. Concretor underground in tunnels—maximum

(at the discretion of the Engineer-in- Charge).

Chainman picking up and recording sewerage junctions.

Compressor man in charge. Erecting rock contour walls. Fencer (as defined). Handyman storeman. Lead potman, or caulker. Maintenance man irrigation and drainage

after three months experience. Operator concrete mixing machines—power

driven. Operator hand roller vibrator. Operator internal concrete vibrator compac-

tor. Operator jackhammer and other pneumatic

tools. Operator power saw—non-portable. Operator trench digger machine (first six

months). Pipe screwer. Pile and lath driver pneumatic machine. Reinforcement worker. Sand tester. Splicer. Tubular steel scaffold erector.

PART 2—Classification and margin per week: No. $ (1) Attendants on (motor) pumps un-

watering trenches or excavations, including lunch hour attendance .... 6.20

(2) Bar bending machine operator .... 6.20 (3) Conveyor belt attendant, including

starting and stopping motor 6.20 (4) Forepoling in sand 6.20 (5) Operating portable power driven ciru-

lar saw or chain saw 6.20 (6) Pipe jointer sewerage and drainage

(as defined) 6.20 (7) Pump Crete operator, as defined, up to

and including 6 in., first six months' experience 6.20

(8) Timber cutter falling or cutting timber for milling on construction site or for construction purposes 6.20

(9) Sewerage maintenance man 6.50 (10) Erecting braithwaite tanks 7.00 (11) Rock drill (machine man) 7.00 (12) Service layer, Grade 2 M.W.S. .... 7.00 (13) Service layer, Construction C.W.S 7.00 (14) Trench digger operator (after six

months) 7.00 (15) Hoist or winch driver 7.50 (16) Pipe setter pumping main sewerage

or drainage 7.50 (17) Powder monkey 7.50 (18) Spear plant attendant including lunch

hour attendance 7.50 (19) Trowel hand or renderer 7.50 (20) Concrete weigh batching operator—

non portable 8.00 (21) Pump crete operator as defined up to

and including 6 in., after six months' experience 8.00

(22) Pump crete operator as defined, over 6 in., first six months' experience .... 8.00

(23) Saw and drill sharpener 8.00 (24) Timber-man (as defined) 8.00 (25) Sanitary man 8.40 (26) Powder monkeys (quarries) 8.60 (27) Machine borer, drilling and blasting

plant (as defined) 8.80 (28) Pipe setter concrete, earthenware or

stoneware pipes 8.80 (29) Timber man timbering in trenches

immediately behind power excavation 8.80 (30) Leading maintenance man C.W.S. as

defined 9.30 (31) Service layer Grade (1) as defined .... 9.30 (32) Leading sewerage maintenance man

as defined 9.30 (33) Rigger and splicer 9.55 (34) Pump crete operator as defined, over

6 in. after six months' experience .... 9.80 (35) Broad axeman 10.30 (36) Diamond drill 11.40 (37) Driller deep bore not under supervi-

sion 11.40

PART 3—Controller—Water Supply West Northam-Kalgoorlie Reservoirs (margin per week) 11.35

Relieving Water Supply Controller on Saturdays or Sundays l/6th of the weekly rate operating for the Water Supply Controller per day, plus 25 per cent. On the other days i of such rate without any additional penalty.


PART 4—Caretakers, Rangers and Watch- $ men (margin per week) :

(1) Caretaker-gardener—Mundaring Weir 11.50 (2) Caretakers—

(a) Mt. Hawthorn, Thompsons Lake, Mt. Yokine, Melville, Bold Park to be on duty as required (no payment for overtime) 9.00

(b) Mt. Eliza—-96 hours per fortnight to be worked within 13 shifts (no payment for overtime) 9.90

(c) Relieving Caretaker at Mt. Eliza shall be paid for relief work, three tenths of the weekly basic wage for the work done on that day.

(3) Rangers: Senior 10.60 Others 9.90

This item to be excluded from all other provisions of the award with the exception of annual leave, present conditions in respect to hours and overtime to continue.

(4) Watchmen: Per week of 56 hours— basic wage plas five-twelfths.

PART 5.—Motor Transport Operators (margin per week):

(1) Drivers of motor vehicles: Not exceeding 25 cwt capacity .... 7.80 Exceeding 25 cwt and not exceeding

3 tons capacity 9.30 Exceeding 3 tons capacity and under

6 tons capacity 10.80 For each complete ton over five

tons twenty five cents additional margin.

Drivers of loaded motor wagons (except tractors) drawing a loaded trailer also (not to include a mechanical horse) forty cents per day extra.

(2) Drivers of articulated vehicles—Not exceeding 8 tons capacity 13.10

Exceeding 8 tons capacity for each complete additional ton, twenty-five cents additional margin.

(3) Drivers of double articulated vehicles: Not exceeding 10 tons capacity .... 13.25

Exceeding 10 tons capacity for each complete additional ton, twenty-flve cents additional margin.

(4) Drivers of machinery float—Not exceeding 8 tons capacity 11.75

Exceeding 8 tons capacity for each complete additional ton, twenty-five cents additional margin.

Liberty to apply is reserved in respect to the Transport section.

PART 6.—Machine Drivers (margin per week):

(1) Tractors without power operated attachments or with power operated attachments, attachments not in use: (a) 50 brake horsepower and under .... 7.60 (b) Over 50 brake horsepower .... 8.65

(2) Drivers of mobile cranes— (a) 5 tons or less 8.70 (b) Over 5 tons but not more than

10 tons 9.60 (c) Over 10 tons but not more than

20 tons 10.80 (d) Over 20 tons 11.85

(3) Tractors while using power operated $ attachments: — (a) 35 brake horsepower and under .. 8.65 (b) Over 35 brake horsepower to 70

brake horsepower 10.35 (c) Over 70 brake horsepower to 130

brake horsepower 11.50 (d) Over 130 brake horsepower .... 13.10 (e) Driver of Euclid twin power

scraper 16.00 Provided that the total margin

payable to the operator of a trac tor using a power attachment not normally operated while such tractor is in motion shall not exceed ten dollars thirty-five cents per week.

(4) Driver of fork lift 7.65 (5) Loaders—

(a) Front end and over head—appropriate tractor margin.

(b) Mechanical bucket type, truck or tractor mounted — appropriate truck driver's rate as prescribed in Part 5 of this schedule.

Liberty to apply is reserved in respect to the above classifications.

PART 7.—Meter Readers (C.W.S. (margin per week):

(a) Meter Reader (special reading mines water trust and other large consumption meters Kalgoorlie and Boulder) 6.70

(b) Meter on service adjuster. The duties of meter on service adjuster shall be testing, oiling meters, reading meters, repacking glands, fitting glasses and new buffer plates 5.65

PART 8.—Night Officers (margin per week): (a) Loftus Street, and Fremantle

Yards—basic wage plus one half for a week's work.

(b) Relieving night officer specified holidays—basic wage plus one- quarter, plus a day in lieu.

PART 9.—Officers-in-Charge (O.W.S.) Dis- trict (margin per week):

(a) Norseman 20.35 (b) Officers at Leonora, York, Mun-

daring , Darlington Districts and Barbalin 17.40

PART 10.—Storeman (margin per week): (a) Head Storeman Loftus Street

and Welshpool Depots .... 11.40 (b) Storeman—

Grade 1—Main Depots C.W.S 9.10

Grade 2—Metropolitan .... 7.30-8.60 Grade 3—Other Depots

C.W.S 4.80-6.60 Grades 2 and 3 to be deter-

mined by Officer-in-. Charge.

147

PART 11.—Septic Tank and Treatment $ Works Attendant (margin per week):

(a) Swanbourne (including all allowances) 12.00

(b) Fremantle (including all allowances except that prescribed for cleaning out septic tanks in paragraph (e) of subclause (7) of clause 9) 8.80

Relieving attendants on Sundays all inclusive rate of one-third basic wage per shift.

(c) Treatment works attendants (Subiaco) Day workers 4.20

(d) Treatment works attendants (Subiaco) Shift workers 6.10

PART 12.—Tradesmen (classification and margin per week):

(a) Blacksmith 15.50 (b) Carpenter 15.50

Tool allowance payable in accordance with Building Trades (Government) Award.

(c) Fitters, including meter fitter .... 15.50 (d) Motor mechanic .... 15.50 (e) Oxy and electric welder on main

pipelines 12 in. diameter and over 13.30

This margin shall include all allowances excepting the twenty cents per day extra for overhead welding in wet places when water proof mats are not provided, allowance for working inside pipes under subclause (15) of clause 9 and the camping allowance referred to in Part VI, clause 25.

(f) Plasterer not including guniting .... 15.50 (A plasterer not provided with

the necessary tools for the performance of this work shall be paid a tool allowance of sixty cents.)

(g) Turner 15.50 (h) Welder—

(i) Special class 17.00 (ii) First class 15.50 (iii) Second class 6.10 (iv) Third class 5.15 (v) Fourth class 4.40

Liberty to apply is reserved in respect of the above classifications.

Tradesman's Assistants, Machinist and others (margin per week):

(a) Blacksmith's striker 4.15 (b) Carpenter's labourer 3.60 (c) Drilling machinist 6.10 (d) Fitter's assistant including meter

fitter's assistant 4.15 (e) Garage attendant 4.15 (f) Oxy or electric welder's assistant 4.15 (g) Screwing machinist 6.10 (h) Tool sharpener 6.40 (i) Lubritorium attendant 5.30 (j) Shot blast and sand blast dresser

protected by properly enclosed cabin 4.15

(k) Shot blast and sand blast dresser not protected by properly enclosed cabin 7.80

(1) General tradesmen's assistant— mechanical section M.W.S 4.15

PART 13.—Testing (classification and margin $ per week):

(a) Tester on plumbing fittings— (i) Senior tester plumbing fix-

tures and fittings 12.30 (ii) Tester plumbing fittings, first

12 months 4.10 (iii) Tester, second 12 months .... 5.30 (iv) Thereafter 7.30

(b) (i) Tester in charge of testing earthenware and concrete pipes and fittings 7.80

(ii) Tester earthenware and concrete pipes first six months .... 3.60

(iii) Thereafter 5.30 (c) Water meter testers, Loftus

Street— (i) Tester 4.25 (ii) Tester in charge multi-

bench 5.35 (d) Spark tester steel bituminous

wrapped pipes 5.30

PART 14.—Pile Driving (classification and margin per week):

(1) Man in charge 9.90 (2) Topman 7.10 (3) Pile frame hand 5.20

Pile driving—Irrigation and Drainage: (1) 'Topman 5.20 (2) 'Pile frame hand 4.40

'Liberty is reserved to either party in the case of a major construction job.

PART 15.—Pumping Station (C.W.S.)— classification and margin per week:

(a) Electric pump attendants 9.45 (b) Fireman and Greasers—steam

pumping stations 6.70

PART 16.—Cookhouse Personnel—Margins and Loadings:

Cookhouse personnel shall be engaged by the week and shall in addition to the basic wage prescribed in Part 1 of this clause be paid the following margins and loadings:—

Head Cook (per week) — Margin for skill 10.35 Loading for time worked in excess

of the ordinary hours of work .... 5.95

Total margin and loading .... $16.30

Cook's Offsider (per week)— Margin for skill 6.55 Loading for time worked in excess

of the ordinary hours of work .... 4.25

Total margin and loading .... $10.80

Additional rate for week end and holiday work, cookhouse personnel cooking on a Satur- day and/or Sunday shall be remunerated as follows:—

(a) When cooking for three or more men required by the employer to work on a Saturday and/or Sunday—time and a half of one-flfth of the weekly loaded rate prescribed per day.


(b) When cooking for men in circumstances not covered by paragraph (a) hereof or when cooking for men not required by the employer to work on a Saturday and/or Sunday—

(i) When cooking for eight men or less (including the cook) one- fifth of the weekly loaded rate prescribed per day.

(ii) When cooking for more than eight men, time and a half of one-fifth of the weekly loaded rate prescribed per day. Pro- vided that cookhouse personnel shall not be paid under this paragraph when cooking for themselves only.

(c) When cooking on a holiday: Cook- house personnel required to work on a holiday shall be paid therefor at the rate of time and a half of one-fifth of the above prescribed weekly loaded rates.

(d) Workers under this Part shall be excluded from the operation of clause 16.—Hours, 18.—Overtime, and 20.— Public Holidays.

PART 17.—Gangers (margin per week) : Gangers appointed as such by the employer

shall be paid in accordance with the following grades:—

$ Grade 5 8.00 Grade 4 9.20 Grade 3 10.30 Grade 2 11.40 Grade 1 .... .... .... 12.70 Special 13.80

PART 18.—Construction Work Allowance: (1) Subject to the provisions of this part,

workers specified in Parts 2, 6, 14, 16 and 17 of this clause shall be paid an allowance at the rate of two dollars per week to compensate for the following disabilities whilst actually engaged on construction work on site (as defined) :—

(a) Climatic conditions where working in open on all types of work.

(b) The physical disadvantages of having to climb stairs or ladders.

(c) Dust blowing in the wind on construction sites.

(d) Sloppy or muddy conditions. (e) Dirty conditions. (f) Drippings from newly poured concrete. (g) The disability of working on all types

of scaffold other than a single plank or bosun's chair.

(h) The lack of usual amenities associated with factory work.

(i) All other present disabilities not specifically compensated or allowed for by any other provision of this awai'd.

(2) "Construction work" for the purpose of subclause (1) hereof shall mean and include all work performed on site on the construction, alteration, repair or maintenance of roads, reservoirs and drainage works, pipelines, water and sewerage mains and services.

It shall not include the following classes of work:—

(a) work in, around and/or adjacent to any workshop, depot, yard, pumping station, treatment works, port installation, camp headquarters, nursery or other similar establishment.

(b) Gardening operations. (3) If any worker referred to in subclause 1

hereof is employed on construction work (as defined) for less than one week, he shall be paid for each day so employed, one-fifth of the said allowance.,

(4) Payment of this allowance shall not be included in any payment for Public Holidays, annual leave, sick leave, long service leave and shall not be included in the penalty calcula- tions of overtime or shift work.

WYNDHAM MEAT WORKS. Award No. 10 of 1946.


No. 28 of 1967. Between Coastal District Committee, Amalgamated

Engineering Union Association of Workers, Applicant, and Wyndham Freezing, Canning and Meat Export Works, Respondent.

HAVING heard Mr J. Mutton on behalf of the applicant and Mr L. E. Boylan on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Wyndham Meat Works Award, No. 10 of 1946, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule and such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


LL.S.l Commissioner.

Schedule. Part XXII—Engineering Department: Delete

clause 56—Rates, and insert in lieu thereof: 56.—Rates.

Margin over basic wage per week: $ Blacksmith, coppersmith 23.00 Welder—special class 24.00

"Welder—special class" means a tradesman using electric arc and/or oxy-acetylene equipment and who is required to, and is competent to apply general trade experience in welding all the following classes of metals: Mild steel, stainless steel, cast iron, alumin- ium, copper, brass, diecast metal and magnesium.

Welder—first class 22.50 Fitter, automotive electrical fitter, turner,

electrical fitter and/or armature winder, boilermaker, moulders 22.50

Motor mechanic 22.50 Blacksmith's striker 11.15 Tradesman's assistants 11.15 All other employees 9.20 Plumber's labourer 10.70

22 March, 1967,] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

WOOL SCOURING AND FELLMONGERY. Award No. 32 of 1959.


No. 195A of 1965. Between Federated Miscellaneous Workers' Union of

Australia, West Australian Branch, Union of Workers, Applicant, and Jandakot Wool Scour- ing Co. Pty Ltd, and others, Respondents.

HAVING heard Mr W. Latter on behalf of the applicant and Mr D. Hosking on behalf of the respondents, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Wool Scouring and Fellmongery Industry Award, No. 32 of 1959, as amended, be and the same is hereby further amended in accordance with the following schedule and that such amendment shall take effect as from the beginning of the first pay period commencing on or after the date hereof.


(Sgd) S. F. SCHNAARS, [L.S.l Commissioner.

Schedule. Clause 21.—Special Rates and Provisions: Delete

subclause (k) and insert in lieu thereof:— (k) Shift bosses shall be paid two dollars

and thirty cents per week in addition to the rates prescribed in the wages clause.

Clause 22.—Wages: Delete this clause and insert in lieu thereof:—



(b) Adult Males (Margin over basic wage per week):

Wool Scourer (man in charge of a machine) 9.00

Leading hand in charge of a press or grease separator .... 7.60

Centre hand (man responsible for cleaning wool trays, watching machines and separator and relieving wool scourer) 7.60

All others 7.15 (c) Junior Workers (Male) (per cent, of

male basic wage per week): %


(d) Casual hands shall be paid at the rate of fifteen per cent, in addition to the rates prescribed herein.

149

AWARDS-

Application for Amendment of—

SIGNALMEN, MASTERS, ENGINEERS AND LAUNCH DRIVERS.

(Fremantle Port Authority.) Award No. 7 of 1953.


No. 473 of 1966. Between Merchant Service Guild of Australia,

Western Australian Section, Union of Workers, Applicant, and the Commissioners of the Fremantle Port Authority, Respondent. Before Mr Commissioner J. R. Flanagan.

The 3rd day of March, 1967. Mr B. Foley on behalf of the applicant. Mr J. Collins on behalf of the respondent.

Judgment. THE COMMISSIONER: This is an application by the Merchant Service Guild to amend the Fre- mantle Harbour Trust (Signalmen, Masters, Engi- neers and Launch Drivers) Award 1954, as amended.

By this application No. 473 of 1966 increases are sought in the marginal rates for masters and signalmen and in the crib time special allowance, together with the inclusion of a provision for com- pulsory unionism under the heading of "Guild Membership".

In an application No. 343 of 1966 filed with the Commission on the 27th September, 1966, a claim for a marginal rate of twenty dollars was made for the classifications of masters, engineers and signalmen and an increase from five shillings to one dollar was sought in respect of a crib time special allowance.

The authorisation of this application was made, according to the certificate filed, at a meeting of the governing body of the applicant union held at Fremantle on the 12th September, 1966, at which the following resolution was carried:—

That the Secretary be authorised and is hereby authorised to apply to the Industrial Commission to amend clause 10 and clause 13 of Award No. 7 of 1953.

Clauses 10 and 13 refer to Rates of Pay and Special Allowances respectively. The respondent Fremantle Port Authority filed an answer on the 12th October, 1966, objecting to the claim on the basis that existing clauses should remain unaltered.

A request for a date of hearing was received by the Commission from the Secretary of the Mer- chant Service Guild on the 9th November, 1966. indicating under the head note "Consent Amend- ment 7/1953" that—

an amended schedule will be lodged by the respondent, the Commissioners of the Fre- mantle Port Authority.

The matter was set down for hearing on the 18th November, 1966, before this Commission and Mr Foley for the applicant union is reported in the transcript of those proceedings as follows:—

. . . this is an application to amend Award 7 of 1953 for masters, engineers and signalmen. Agreement has been reached and I


ask that the Commission grant it in the terms of the amended schedule which has been submitted.

In subclause (b) Margins of the schedule submitted, classifications and rates were expressed as follows:—

Masters and Signalmen $14.95 Engineers .... $19.25

Mr Collins appearing for the respondent is reported as saying—

The Port Authority are in agreement with the award being amended in accordance with the schedule as submitted.

I would like to mention that this agreement is in full settlement of claim 343 of 1966. And the reason the Port Authority agree to the claim is that basically these engineers are fitters and the increase in their margin of $4.30 is in line with the increases recently granted by the Commission. (The underlining is mine.)

The parties did not deem it necessary to make any further comment at the speaking to the minutes which immediately followed, whereupon the award was amended in the terms of the schedule as submitted.

The effect of increasing the margin of an engineer in this award was to alter the previous relationship of parity of marginal rates with masters and signalmen which had been maintained in principle for the past twenty-five years.

In application No. 90 of 1967 the award was further amended by consent on the 10th February, 1967, wherein the margin for masters and signalmen t was increased to sixteen dollars and fifteen cents and to twelve dollars and ninety-five cents in respect of launch drivers in accordance with the percentage increases awarded by decision of the Commonwealth Commission in the Federal Metal Trades Award. The present application No. 473 of 1966 was filed on the 15th December, 1966, and sought, inter alia, the deletion of the then existing subclause, in which differing margins were expressed, to be replaced with a margin of nineteen dollars and twenty-five cents for "Masters, Engineers and Signalmen".

This application was accompanied, consistent with the requirements of subsection (1) of section 107 of the Industrial Arbitration Act, 1912- 1966, with a declaration to the effect that the appropriate resolution had been carried and by which the Secretary was authorised by the governing body of the applicant union "to apply to the Industrial Commission to amend Award No. 7 of 1953."

However, this resolution of authorisation was purported to have been passed at the same properly constituted meeting on the 12th September, 1966, that had authorised the Secretary to apply to amend the award which resulted in the filing with the Commission of Application No. 343 of 1966, and which had been finalised on the 18th Novem- ber, 1966.

It would impose too great a strain on the bounds of credibility to accept as a fact that such was the case.

Although I am not suggesting that the applicant consciously and deliberately misrepresented the position, I am inclined to the view that the

uncontested statement by Mr Collins on the 18th November, 1966, that "this agreement is in full settlement of claim 343 of 1966" was mistakenly overlooked or misinterpreted by the applicant on the 15th December, 1966, when engaged on the preparation of Application No. 473 of 1966.

The applicant was apparently under the im- pression that the dispute involving initially a claim of a twenty-dollar margin for masters, engineers and signalmen had not been entirely re- solved on the 18th November with the engineer's margin being increased to nineteen dollars and twenty-five cents.

If Mr Foley did, in fact, believe that the "settlement of claim 343 of 1966" referred to by Mr Collins should have been qualified by the words, "but only to the extent that it applies to the classification of 'engineer'"", then the position should have been made clear during those proceedings.

Subsection (1) of section 107 of the Act, to which earlier reference has been made, reads:—

No industrial matter (including any application for the enforcement of any industrial agreement or award) or dispute shall be referred to the Commission by an industrial union or association otherwise than pursuant to a resolution of the governing body of such industrial union or association.

This is a fundamental statutory obligation and if there are circumstances which strongly suggest that an application is defective or has been im- properly made because an applicant does not pos- sess a valid authorisation, the Commission is left with no alterntive than to dismiss the application.

It is true that in the exercise of its jurisdiction under section 69 the Commission, inter alia, "shall act . . . without regard to technicalities or legal forms", but this power to waiver cannot extend or be used to negate an explicit basic statutory obligation.

In considering the question of jurisdiction as related to this particular requirement as expressed in the Industrial Conciliation and Arbitration Act of 1902, the learned President of the time observed in the course of his decision in the Metropolitan and South West Engineers' Union v. Bunning Bros. Ltd. case ((1910) 9 W.A.A.R. 11 at p. 18)—

Where a statute provides the conditions which are precedent to the jurisdiction of this Court arising, those conditions obviously must be complied with before the Court can move.

He went on the quote with approval Maxwell's book which dealt with conditions precedent to jurisdiction and which he said was the authority used by all lawyers on the interpretation of Statutes, which says—

Where the act or thing required by the Statute is a condition precedent to the jurisdiction of the Court, compliance with that condition cannot be dispensed with. If it be impossible to comply with the condition, the jurisdiction of the Court absolutely fails.

In view of the foregoing considerations, I have concluded that the application is not properly before the Commission and is therefore not capable of being determined in these proceedings.



AWARDS-Interpretation of- POLICE.

Award No. 2 of 1966. (Re Transfer Allowances—Shifting of Lock-up

Keeper, Perth to New Premises.) BEFORE THE WESTERN AUSTRALIAN


Between Western Australian Police Union of Workers, Applicant, and Hon. Minister for Police, Respondent.

Before the Chief Industrial Commissioner S. F. Schnaars, Esq.

The 3rd day of March, 1967. Mr J. C. Pereira on behalf of the applicant. Mr L. E. Boylan on behalf of the respondent.

Judgment. THE COMMISSIONER: In this matter the abovenamed applicant has sought an interpretation of Award No. 2 of 1966. The question reads-

Is the shifting of the lock-up keeper from the lock-up keeper's quarters in Roe Street to the lock-up keeper's quarters in Hay Street deemed to be a transfer for the purpose of entitlement to payment provided under Police Award No. 2 of 1966, clause 12, Transfer, Allowances, subsections (2), (3) and (5).

Clause 12 (1) reads— (1) Employees transferred from one station

to another— (a) in the public interest; or (b) in the ordinary course of promotion

and transfer; or (c) on account of illness due to causes

over which the employee has no control;

shall, if the transfer necessitates a change in the place of residence of the employee, be paid allowances in accordance with the following provisions of this clause.

The facts which gave rise to this interpretation are—

(1) A lock-up keeper was employed and provided with living quarters at the Perth Central Police Station.

(2) A new building was erected in Hay Street and the old premises closed. The personnel, including the lock-up keeper, employed at the Roe Street Centre were shifted to the Hay Street premises.

(3) The lock-up keeper was provided with living quarters at the new premises and his furniture and effects were shifted at the expense of the Department.

The applicant contended that a transfer from one station to another was involved, and as that transfer necessitated a change in residence all of the appropriate allowances referred to in clause 12 became payable.

Consideration of paragraphs (a), (b) and (c) of subclause (1) and the provisions relating to change of residence are secondary considerations to the extent that they only become important once one has firstly concluded that a transfer from one station to another has been involved. In the application of these provisions it is necessary to firstly ask the question—were all the officers previously employed at the Perth Central Police Station transferred from one station to another

when they shifted into the new building in Hay Street? If that question can be answered in the affirmative, then and only then does one go on to find out which of those officers would come within paragraphs (a), (b) or (c) and be entitled to allowances because a change of residence was also necessary. It is important to recognise that a change in residence is not the initial factor to consider.

There is, in my opinion, a substantial difference in workers shifting into a new building and workers being transferred from one station to another. A station, for the purposes of this award, is not merely a building; it is the headquarters from which certain activities are pursued or controlled, and a new building to replace a former building does not constitute another station. It is the same station situated in a different locality.

The question must be answered in the negative but in so doing I would point out that the award does not make any provision for the shifting of the lock-up keeper's effects under the circumstances here involved, and consequently there is room for conciliation between the parties to resolve any genuine hardship or inconvenience which may have arisen.

Decision accordingly

AGREEMENTS-INDUSTRIAL^

Registered— CARAVAN BUILDING

(Caravan Industries Pty. Ltd.) INDUSTRIAL AGREEMENT

No. 2 of 1966 (Registered 16th February, 1967.)

THIS Agreement made in the pursuance of the Industrial Arbitration Act, 1912-1964, this 15th day of December 1966, between Caravan Industries Pty. Ltd., on the one part and The West Australian Vehicle Builders Industrial Union of Workers of the other part, witnesseth that, for the consideration hereinafter appearing the parties hereto mutually covenant and agree one with the other as follows:—

1—Title This Agreement shall be known as the "Caravan

Industries Agreement, 1966."

2—Arrangement 1. Title.. 2. Arrangement. 3. Area. 4. Scope. 5. Term. 6. Application.

3—Area This Agreement shall apply to the area governed

or controlled by Caravan Industries Pty Ltd.

4—Scope This Agreement shall apply to all persons

employed in caravan and vehicle building and repairing and contained in the classification appearing in Award No. 8/1955 (as amended.)

5—Term The term of this agreement shall be for one

month commencing from the registration hereof.

152

6—Application All the provisions of Award 8/1965 as amended

from time to time shall be where applicable, deemed to apply to this agreement.

In witness whereof the parties hereto have hereunto set their hands and seals the day and year first hereinbefore written. The Common Seal of Cara-

van Industries Pty. Ltd., was hereto affixed in the presence of:—

N. K. GILLON, Director.

[L.S.] F. W. REYNOLDS,

Secretary.

The Common Seal of The West Australian Vehicle Builders Industrial Union of Workers was hereto affixed in the presence of—

G. E. WILSON, President.

CL.S.l R. L. JONES,

Secretary.

WHALING. (Catcher Orews.)

INDUSTRIAL AGREEMENT. No. 5 of 1967.

(Registered 24th February, 1967.) THIS agreement made in pursuance of the Indus- trial Arbitration Act, 1912-1963, this 23rd day of February, 1967, between the Australian Workers' Union, Westralian Branch, Industrial Union of Workers (hereinafter referred to as the Union) of the one part and Cheynes Beach Whaling Co. (1963) Pty Ltd (hereinafter referred to as the Company) of the other part, witnesseth as follows:—

1.—Title. This agreement shall be known as "The Cheynes

Beach Whale Catcher Crews Agreement 1967".

2.—Arrangement. 1. Title. 2. Arrangement. 3. Definitions. 4. Area. 5. Scope. 6. Term. 7. Hours. 8. Wages. 9. Boiler Work.

10. Bonus Rates. 11. Board of Reference. 12. Holidays. 13. Annual Leave. 14. Contract of Service. 15. Absence through Sickness. 16. Messing and Accommodation. 17. Preference. 18. Long Service Leave.

3.—Definitions. "Whaling Season" shall mean the period from

the day the Company commence whaling operations, continuing until at least forty-eight hours after the last whale, to be nominated by the Com- pany, has been taken.

"Port Day" shall mean any day on which a vessel is in harbour for the purpose of maintenance or repair, or is prevented from whaling by rough weather or any other cause.

"Port Rate" shall mean the rate payable on a Port Day.

"Whaling Day" shall mean any day on which a vessel proceeds to sea on whaling operations.

"Whaling Rate" shall mean the rate payable on a Whaling Day.

4.—Area. This agreement shall operate over that area in

which the Company is carrying out whaling operations off the coast of Albany, Western Australia.

5.—Scope. This agreement shall apply to all crew members

below the rank of Ships' Officer who are employed by the Company on whaling operations.

6.—Term. The term of this agreement shall be from March

1st, 1967, until the completion of the 1967 Whaling Season.

7.—Hours. (1) Port Days:

(a) Eight hours shall constitute a day's work to be worked between the hours of 8 a.m. to 5 p.m. on any day Monday to Friday inclusive.

(b) 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 three hours and double time thereafter.

(c) Work done on Saturdays after 12 noon or on Sundays or on any day prescribed as a holiday under this agreement, shall be paid for at the rate of double time. Provided that all work done on Saturdays prior to 12 noon shall be paid for at the rate of time and one-half for the first four hours and double time thereafter.

(d) In the calculation of overtime rates each day shall stand alone, provided that when a worker continues working beyond midnight on any day, the hours worked after midnight shall be counted as part of the previous day's work for the purpose of calculating the rates to be paid.

(e) For the purpose of this clause forty hours shall comprise a week's work.

(f) When a worker is recalled to work after leaving the job he shall be paid for at least three hours at overtime rates.

(2) Whaling Time: (a) The working week whilst whaling opera-

tions are being carried out shall consist of seven days, Monday to Sunday inclusive, and on such days crew members shall work such hours as are necessary for the successful execution of whaling operations, provided that on any day on which a vessel commences whaling operations and re- turns to port through weather conditions, or any other reasons, prior to the elapse of ten hours from standby, crew members may be employed, at the discretion of the Company, until such ten hours has elapsed.


(b) The Master of each vessel shall determine each day's whaling time and no overtime shall be payable, except as hereunder provided:— (i) Deck Crew: On returning to port after

the completion of a whaling day all work performed after berthing, other than work in connection with the reprovisioning of the vessel shall be paid for at port overtime rates, provided that if the reprovisioning of the vessel extends beyond one hour after berthing, all work performed after such time shall be paid for at port overtime rates.

(ii) Engine Room: On returning to port after the completion of a whaling day all work performed in the engine room after berthing shall be restricted to work of an urgent or emergency nature, provided that all such work performed after the reprovisioning of the vessel has been completed or continues beyond one hour after berthing, whichever be the shorter period, shall be paid for at port overtime rates.

(c) (i) Crew members shall be granted one day off in each two weekly period, payment for such day to be made at Port Rate.

tii) Whales caught by the catcher on which he is employed, on a crew member's day off shall be credited to such crew member and be paid for in accordance with the provisions of clause 10.

(3) Station Bunkering: fa) When a catcher is required to deliver fuel

oil to the Station or to standby a vessel receiving whale oil for overseas shipment, that day shall be counted as a whaling day and in addition crew members of such catcher shall be credited, in respect to both "head bonus" and "end of season bonus" with the number of whales caught by the whaling vessels during such bunkering period.

(b) Whilst on bunkering duties, all work performed after the berthing of the whaling vessel shall be paid for at the rate applying to the crew of such vessel, as determined by subclauses 2 (b) (i) and (ii) of this clause.

(4) Ship Watching: All ship watching performed outside of ordinary working hours shall be paid for at the rate of time and one-quarter with the exception of Sundays and public holidays when the rate of time and one-half shall apply, provided that a worker required to perform watching duty after the completion of an ordinary shift and such watching duty extends through to the commencement of the next succeeding ordinary shift shall be relieved from duty not later than noon on such next succeeding ordinary shift without deduction of pay.

8.—Wages. (1) The rate of wage for seamen and fire-

men shall be:— $

(a) Port Rate (per week) 40.20 (b) Whaling Rate (per week) ... 71.80

(2) The rate of wage for a cook shall be:— $ (a) Whilst messing (per week) .... 69.70 (b) When messing is discontinued in

accordance with clause 16 (a) (per week) 40.20

(3) The rate of wage for deck boys shall be:— (a) 18 years of age and under—

(i) Port Rate (per week) .... 20.10 (ii) Whaling Rate (per week) .... 23.93

(b) Over 18 years of age— (i) Port Rate (per week) .... 40.20

(ii) Whaling Rate (per week) .... 71.80 (4) The above rates are inclusive of a

Basic Wage (per week) 33.50 9.—Boiler Work, etc.

For any of the following work, an employee shall, in addition to any other ordinary or overtime rate payable under this agreement, be paid at the rate of 25 cents per hour for the time so occupied :—

(a) Working inside boilers or furnaces. (b) Cleaning tubes (except tubes of water

tube boilers, unless cleaning is performed from inside the steam or water drums or other confined spaces), uptakes or smoke boxes where doors have to be opened.

(c) Cleaning bilges (including rose boxes) and coffer dams.

Cd) Protective or alternative clothing shall be supplied to workers engaged on the abovementioned duties.

10.—Bonus Rates. (1) Head Bonus: The company shall pay to

each crew member of each catcher, for each legal length whale of either baleen or sperm variety, delivered to the Station Whale Buoy, a "head" bonus as set out in Schedule "A" hereunder. Such "head" bonus shall be paid weekly.

Schedule "A". Based on Collective Catch—All Catchers.

Whales Caught. Rate per Whale. $

1- 75 0.30 76-150 0.40

151-225 0.50 226-300 0.60 301-375 0.65 376-450 0.70 451-600 0.75 601-650 0.80 651-700 0.90 Over 700 1.00

(2) End of Season Bonus: The Company shall pay to each crew member for each legal length whale of either baleen or sperm variety credited to the catcher on which he is employed, during his period of employment on such catcher, an "end of season" bonus as set out in Schedule "B" hereunder, provided that:—

(a) The Company takes in excess of three hundred legal length whales, all types included. On the three hundredth whale being taken the additional bonus will accrue for all whales credited to the catcher upon which and for that period during which a crew member is employed and will continue to accrue for all additional whales taken until the end of the season.

(7)—33512

154

(b) A crew member who terminates his employment prior to the end of the season for reasons not acceptable to the Com- pany shall forfeit his "end of season" bonus. Should any dispute arise regarding this clause the Union shall have the right to refer the matter to a Board of Reference.

Schedule "B". Based on Catcher's Individual Catch. Whales Caught. Rate per Whale.

$ 1- 25 0.40

26- 50 0.50 51- 75 0.60 76-100 0.70

101-125 0.80 126-150 0.90 151-200 1-00 201-250 1.20 Over 250 1.50

11.—Board of Reference. Any dispute concerning the termination of

employment as referred to in subclause (2) (b) of clause 10 hereof, or hours of work in excess of those usually worked during the seasons covered by previous agreements shall be referred to a Board of Reference which shall consist of a representative of the workers concerned and a representative of the employer, presided over by an independant Chairman who shall be appointed by the parties to this agreement.

12.—Holidays. (1) The following days or the days observed in

lieu, shall subject to subclause (2) hereof, be allowed as holidays without deduction of pay, namely, New Year's Day, Australia Day, Good Fri- day, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day.

(2) A crew member required to work on any of the foregoing days shall be paid an additional day's pay at Port rates.

13.—Annual Leave. (1) A crew member shall be entitled to annual

leave at Port rates, at the rate of one-quarter of a week's pay for each month of continuous service.

(2) Any time in respect of which a crew member is absent from work, except time for which he is entitled to claim sick pay, or time spent on holidays, annual leave, or long service leave, as prescribed, shall not count for the purpose of determining his right to annual leave.

(3) A crew member who is justifiably dismissed for misconduct shall not be entitled to the benefits of the provisions of this clause.

(4) If any prescribed holiday falls within a worker's period of annual leave, there shall be added to that period one day, being an ordinary working day, for each such holiday observed.

14.—Contract of Service. (1) The contract of service shall be by the week

and shall be terminable by one week's notice given on either side on any day. If the Company or the crew member fails to give the required notice, one week's wages shall be paid or forfeited.

(2) The preceding clause does not apply when the last, whale of the season has been nominated by the Company, in which case two days' notice of termination of engagement shall apply.

(3) This clause does not affect the right to dismiss for misconduct.

15.—Absence through Sickness. (1) A crew member shall be entitled to pay-

ment for non-attendance on the grounds of personal ill-health for one-twelfth of a week's pay for each completed month of service. Payment hereunder may be adjusted at the end of the season or at any time the crew member leaves the service of the Company.

(2) This clause shall not apply when the crew member is entitled to compensation under the Workers' Compensation Act.

(3) All sick leave unclaimed shall be paid to the crew member on termination of employment or at the end of the season.

16.—Messing and Accommodation. (1) Messing and accommodation, including

bedding, shall be provided by the Company whilst whaling, provided that for any non-whaling period in excess of five continuous days, messing shall be discontinued.

(2) All bedding and linen shall be signed for by each crew member. Failure to return same at termination of service may be treated by the Com- pany as lost and cost thereof be paid by the crew member concerned.

17.—Reference. (1) In this clause, the term "Unionist" means

a worker who is a financial member of the Aus- tralian Workers' Union, Westralian Branch, Indus- trial Union of Workers.

(2) In engaging or dismissing labour preference of employment shall be given to Unionists, provided that such unionists are adequately experienced in the class of work to be performed and are otherwise competent to perform the work: Pro- vided further that it shall be a defence on the part of the Company charged with engaging a worker other than a "Unionist" when a "Unionist" was available for such engagement, that the Company, having made enquiries from the Union, did not know that any "Unionist" competent to perform the class of work involved was available.

(3) Any worker whose application for membership of the Union has been refused shall be so advised by the Union in writing and shall have the right of appeal within seven days of being so advised to the Industrial Registrar whose decision on such matter shall be final. Such worker who has exercised his right of appeal shall, pending the decision of the Industrial Registrar, have the same rights under this clause as a "Unionist".

(4) Subject to subclause (5) hereof, workers who are not "Unionists" shall within seven days of being supplied with the necessary application form for membership and a copy of this clause, by an accredited representative of the Union, apply in the prescribed manner for membership and, if accepted as a member, maintain financial membership whilst employed by the Company.

(5) Exemptions: (a) Any worker may apply in writing to the

Industrial Registrar, Industrial Commis- sion, Perth, (whose decision shall be final) for exemption from this clause.


(b) An applicant for exemption shall detail in the application to the Industrial Regis- trar his reasons for desiring exemption, and such application shall only be valid and considered by the Industrial Regis- trar if it is forwarded by registered post within seven days of the applicant's receipt of the application for membership as prescribed in subclause (4).

(c) The Industrial Registrar in the exercise of his discretion may grant exemption with such conditions as he deems desirable:—

(i) If the applicant is a financial member of any other registered industrial union;

(ii) if the worker objects on the grounds of conscientious religious belief to becoming a member of any industrial union;

(iii) for any other reason which the In- dustrial Registrar deems sufficient.

(d) A worker refused exemption by the Indus- trial Registrar, shall within seven days of the decision, make application for membership of the Union and if accepted as a member, maintain financial membership whilst employed by the Company.

(6) The Company shall not, while to its knowledge adequately experienced unionists competent to perform the class of work are available, retain in its employment any worker for a period of more than seven days after being advised by the Union that such worker has not complied with either subclause (4) or paragraph (d) of subclause (5) of this clause, or for a period of more than seven days after a conviction for a breach of this clause in reference to the employment of such worker, or for a period of more than seven days after the Company has been advised by the Union that the worker has not exercised his right of appeal under subclause (3) hereof folllowing the rejection of his application for membership or having exercised such appeal has had such appeal rejected by the Industrial Registrar.

18.—Long Service Leave. The long service provisions published in Volume

45 of the Western Australian Industrial Gazette at pages 15 to 21, inclusive, are hereby incorporated in and shall be deemed to be part of this agreement.

In witness whereof the parties hereto have hereunto set their hands and seals the day and year first hereinbefore written. The Common Seal of the

Australian Workers' Union, Westralian Branch, Indus- trial Union of Workers, was hereto affixed in the presence of—

H. BARRY, [L.S.] President.

F. V. MITCHELL, Secretary.

Signed for and on behalf of Cheynes Beach Whal- ing Co. (1963) Pty. Ltd. in the presence of—

S. M. REILLY,

WHALING (SHORE STATION). INDUSTRIAL AGREEMENT.

No. 4 of 1967. (Registered 24th February, 1967.)

This agreement made in pursuance of the In- dustrial Arbitration Act, 1912-1963, this 23rd day of February, 1967, between the Australian Workers' Union, Westralian Branch, Industrial Union of Workers (hereinafter referred to as the Union) of the one part and Cheynes Beach Whaling Co. (1963) Pty Ltd (hereinafter referred to as the Company) of the other part, witnesseth as follows:—

1.—Title. This agreement shall be known as "The Cheynes

Beach Whaling Shore Station Agreement, 1967".

2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Term. 5. Contract of Service. 6. Wages. 7. Hours. 8. Overtime. 9. Rest Period over Overtime.

10. Shift Work. 11. Holidays. 12. Annual Leave. 13. Sick Leave. 14. First Aid. 15. Time and Wages Record. 16. Preference. 17. Long Service Leave. 18. Special Rates and Provisions.

3.—-Area and Scope. This agreement shall operate over that area

occupied by the Company at Albany and shall apply to workers classified in clause 6 hereof.

The term of this agreement shall be from March 1st, 1967, until the completion of the 1967 Whaling Season.

5.—Contract of Service. (1) The contract of service shall be by the week

and shall be terminable by one week's notice given on either side or any day. If the Company or the worker fails to give the required notice, one week's wages shall be paid or forfeited.

(2) This clause does not effect the right to dismiss for misconduct.


covered by this agreement shall be as follows:— $

(1) Basic Wage (per week) 33.50 (2) Classification and margin (per week) —

(a) Dryer operator 7.60 (b) Separator operator 7.60 (c) Decanter operator 7.60 (d) Solubles operator 7.60 (e) Boatman 9.00 (f) Driver hygiene 8.60

7.—Hours. (1) The ordinary working hours shall be worked

between Monday and Friday inclusive and shall not exceed forty in any one week or eight hours in any one day.

156

(2) The meal interval shall not exceed one hour.

(3) When a night shift is worked, the ordinary hours of such shift shall be inclusive of a twenty minute crib time which shall be taken in relays at such times as not to cause a stoppage of work.

8.—Overtime. (1) 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 three hours and double time thereafter.

(2) Work done on Saturdays after 12 noon or on Sundays or on any day prescribed as a holiday under this agreement, shall be paid for at the rate of double time. Provided that all work done on Saturdays prior to 12 noon shall be paid for at the rate of time and one half for the first four hours and double time thereafter.

(3) Overtime on shift work shall be based on the rate payable for shift work.

(4) A worker required to work overtime for more than two hours, without being notified on the previous day or earlier that he will be so required to work, shall be supplied with a meal by the Company.

(5) (a) The Company may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement.

(b) No organisation party to this agreement, or worker or workers covered by this agreement, 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.

(6) In the calculation of overtime rates, each day shall stand alone. Provided that, when a worker continues working beyond midnight on any day, the hours worked after midnight shall be counted as part of the previous day's work for the purpose of calculating the rates to be paid.

(7) When a worker is recalled to work after leaving the job he shall be paid for at least three hours at overtime rates.

(8) When a worker is required to hold himself in readiness for a call to work after ordinary hours, he shall be paid at ordinary rates for the time he so holds himself in readiness.

9.—Rest Period over Overtime. (1) When overtime work is necessary it shall,

wherever reasonably practicable, be so arranged that workers have at least eight consecutive hours off duty between the work of successive days.

(2) A worker who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least eight consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(3) If, on the instructions of the Company, such a worker resumes or continues work without having had such eight consecutive hours off duty he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

10.—Shift Work. When the work is performed on shifts the load-

ing on the ordinary rate of pay for night shift shall be ten per cent.

11.—Holidays. (1) The following days, or the days observed in

lieu, shall subject to subclause (2) of clause 8 hereof, 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, Christ- mas 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 the subclause.

(2) Where Christmas Day or New Year's Day falls on a Saturday or a Sunday, such holiday shall be observed on the next succeeding Monday and where Boxing Day falls on a Sunday or a Monday such holiday shall be observed on the next succeeding Tuesday; in each such case the substituted day shall be deemed a holiday without deduction of pay in lieu of the day for which it is substituted.

12.—Annual Leave. (1) Except as hereinafter provided, a period of

three consecutive weeks leave with payment of ordinary wages as prescribed shall be allowed annually to a worker after a period of twelve months continuous service.

(2) If any prescribed holiday falls within a worker's period of annual leave and is observed on a day which in the case of that worker 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 as aforesaid.

(3) If after one month's continuous service in any qualifying twelve-monthly period a worker lawfully leaves his employment, or his employment is terminated by the Company through no fault of the worker, the worker shall be paid one-quarter of a week's pay at his ordinary rate of wage in respect of each completed month of continuous service.

(4) Any time in respect of which a worker is absent from work except time for which he is entitled to claim sick pay or time spent on holidays or annual leave prescribed by this agreement shall not count for the purpose of determining his right to annual leave.

(5) In the event of a worker being employed by the Company for portion only of a year, he shall only be entitled, subject to subclause (3) of this clause, to such leave on full pay as is proportionate to his length of service during that period with the Company, and if such leave is not equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers of the Company are on leave on full pay.


13.—Sick Leave. (1) A worker shall be entitled to payment for

non-attendance on the ground of personal ill- health for one-twelfth of a week for each completed month of service; Provided that payment for absence through such ill-health shall be limited to one week in each calendar year. Payment hereunder may be adjusted at the end of each calendar year, or at the time the worker leaves the service


of the Company, in the event of the worker being entitled by service subsequent to the sickness to a greater allowance than that made at the time the sickness occurred. This clause shall not apply where the worker is entitled to compensation under the Workers' Compensation Act.

(2) A worker shall not be entitled to receive any wages from the Company for any time lost through the result of an accident not arising out of or in the course of his employment, or for any accident, wherever sustained, arising out of his own wilful default, or for sickness arising out of his own wilful default.

(3) No worker shall be entitled to the benefits of this clause unless he produces proof satisfactory to the Company of sickness, but the Company shall not be entitled to a medical certificate unless the absence is for three days or more.

(4) All sick leave unclaimed shall be paid to the worker on termination of employment or at the end of the season.

14.—First Aid. The Company shall provide a first aid chest in

conformity with the scale prescribed by the Factories and Shops Act.

15.—Time and Wages Record. (1) The Company shall keep a record contain-

ing— (a) The names of all workers employed to

whom this agreement applies. (b) The class of work performed. (c) The hours worked (including overtime) by

each worker; and (d) the wages paid (including overtime) to

each such worker. (2) Such record may be inspected at any time

during ordinary working hours by a duly accredited representative of the Union, and he shall be allowed to take extracts therefrom.

16.—Preference. (1) In this clause, the term "Unionist" means a

worker who is a financial member of the Australian Workers' Union, Westralian Branch, Industrial Union of Workers.

(2) In engaging or dismissing labour preference of employment shall be given to Unionists, provided that such Unionists are adequately experienced in the class of work to be performed and are otherwise competent to perform the work; Provided further that it shall be a defence on the part of the Com- pany charged with engaging a worker other than a "Unionist" when a "Unionist" was available for such engagement, that the Company, having made enquiries from the Union, did not know that any "Unionist" competent to perform the class of work involved was available.

(3) Any worker whose application for membership of the Union has been refused shall be so advised by the Union in writing and shall have the right of appeal within seven days of being so advised to the Industrial Registrar whose decision on such matter shall be final. Such worker who has exercised his right of appeal shall, pending the decision of the Industrial Registrar, have the same rights under this clause as a "Unionist".

(4) Subject to subclause (5) hereof, workers who are not "Unionists" shall within seven days of being supplied with the nescessary application form for membership and a copy of this clause, by an

accredited representative of the Union, apply in the prescribed manner for membership and, if accepted as a member, maintain financial membership whilst employed by the Company.

(5) Exemptions: (a) Any worker may apply in writing to the

Industrial Registrar, Industrial Commis- sion, Perth, (whose decision shall be final) for exemption from this clause.

(b) An applicant for exemption shall detail in the application to the Industrial Registrar his reasons for desiring exemption, and such application shall only be valid and considered by the Industrial Registrar if it is forwarded by registered post within seven days of the applicant's receipt of the application for membership as prescribed in subclause (4).

(c) The Industrial Registrar in the exercise of his discretion may grant exemption with such conditions as he deems desirable:—

(i) If the applicant is a financial member of any other registered industrial union;

(ii) if the worker objects on the grounds of conscientious religious belief to becoming a member of any industrial union;

(iii) for any other reason which the Industrial Registrar deems sufficient.

(d) A worker refused exemption by the Indus- trial Registrar, shall within seven days of the decision, make application for membership of the Union and if accepted as a member, maintain financial membership whilst employed by the Company.

(6) The Company shall not, while to its knowledge adequately experienced unionists competent to perform the class of work are available, retain in its employment any worker for a period of more than seven days after being advised by the Union that such worker has not complied with either subclause (4) or paragraph (d) of subclause (5) of this Clause, or for a period of more than seven days after a conviction for a breach of this clause in reference to the employment of such worker, or for a period of more than seven days after the Company has been advised by the Union that the worker has not exercised his right of appeal under subclause (3) hereof following the rejection of his application for membership or having exercised such appeal has had such appeal rejected by the Industrial Registrar.

17.—Long Service Leave. The long service provisions published in Volume

45 of the Western Australian Industrial Gazette at pages 15 to 21, inclusive, are hereby incorporated in and shall be deemed to be part of this agreement.

18.—Special Rates and Provisions. (1) Height Money: A worker shall be paid an

allowance of twenty-five cents for each day on which he works at a height of fifty feet or more above the nearest horizontal plane.

(2) Dirt Money: A worker shall be paid an allowance of five cents per hour when engaged on work of an unusually dirty nature where clothes are necessarily unduly soiled or damaged.

(3) Confined Spaces: A worker shall be paid an allowance of eight cents per hour when, because of the dimensions of the compartment or space in which he is working, he is required to work in a stooped or otherwise cramped position.

158 [22 March, 1967.

In witness whereof the parties hereto have hereunto set their hands and seals the day and year first hereinbefore written. The Common Seal of the Aus-

tralian Workers' Union, Westralian Branch, Indus- trial Union of Workers, was hereto affixed in the presence of—

H. BARRY, President.

[L.S.l F. V. MITCHELL,

Secretary. Signed for and on behalf of

Cheynes Beach Whaling Co. (1963) Pty. Ltd. in the presence of—

S. M. REILLY,

Variations of- AGRICULTURAL IMPLEMENT WORKERS.

(Massey Ferguson.) Agreement No. 7 of 1964.

INDUSTRIAL AGREEMENT. No. 6 of 1967.

(Registered 3rd March, 1967.) THIS agreement made in pursuance of the Indus- trial Arbitration Act, 1912-1966, this 28th day of February, 1967, between the Australasian Society of Engineers Industrial Association of Workers (hereinafter referred to as the union) of one part and Massey Ferguson (Aust.) Ltd (hereinafter referred to as the employer) on the other part, witnesseth as follows: Whereas the parties hereto being the parties to the Industrial Agreement made on the 24th day of April, 1964, and numbered 7 of 1964, have mutually agreed that the said Industrial Agreement be varied, now the said Industrial Agree- ment shall be and the same is hereby varied in the manner following, that it to say:—

1. Clause 1—Wages: Delete this clause and insert in lieu thereof the following:—

1.—Wages. $

(a) Basic Wage (per week) 33.50 (b) Male Adults (margin over basic wage

per week): Assemblers 4.40 Assemblers—After two year's ex-

perience 6.00 Agricultural implement and/or comb

fitters 7.55 Agricultural implement and/or comb

fitters after two years' experience 8.40 Servicemen 7.55

(c) Male Juniors: The minimum rate of wages to be paid to male junior workers shall be (per cent, of basic wage per week): %

Under 16 years of age 26 Between 16 and 17 years of age .... 37 Between 17 and 18 years of age .... 50 Between 18 and 19 years of age .... 63 Between 19 and 20 years of age .... 79 Between 20 and 21 years of age .... 95

2. Clause 2—Special Rates: Delete subclause 2a (i), (ii), (iii) and insert in lieu thereof the following—

2.—Special Rates. (a) A leading hand in charge of—

(i) not less than three and not more than ten other workers shall be paid $2.30 per week extra;

(ii) more than ten and not more than twenty other workers shall be paid $4.45 per week extra; or

(iii) more than twenty other workers shall be paid $6.65 per week extra.

In witness whereof the parties hereto have hereunto set their hands and seals the day and year first hereinbefore written. The Common Seal of the State

Executive Australasian Soc- iety of Engineers Industrial [L.S.l Association of Workers was hereunto affixed in the presence of—

R. ANDERSON. r. Mcknight.

Signed for and on behalf of Massey Ferguson (Aust.) Ltd., in the presence of—• R. V. NEAVES.

G. KIRKHAM.

BOARDS OF REFERENCE-

Decisions of— SHIP PAINTERS AND DOCKERS.

Award No. 29 of 1960. (Re Claim for Provision of Overalls by Workers

Using Pneumatic Chipping Machines on External Hull of Whale Chaser "Cheynes 3," at Fremantle.)

In the matter of the Ship Painters and Dockers' Award No. 29 of 1960, and in the matter of a Board of Reference thereunder.

Before Messrs R. R. Ellis, Chairman; P. L. Troy, Workers' Representative; and E. Boylan, Employers' Representative.

Decision. 1. In this matter the Federated Ship Painters

and Dockers' Union asked the Board to determine that workers using the pneumatic chipping machines on the external hull of the whalechaser, "Cheynes 3," slipped on the South Slip-way, Fre- mantue, be provided with overalls under clause 32 (a) of the above award. These workers were already provided with the following protective clothing—eye shields, gloves and cheese cloth to protect their hair. Clause 32 (a) reads as follows;—■

(a) Goggles and medical pads for use as respirators, oilskins, gumboots, sou'-westers, overalls and gloves shall be supplied where the nature of the employment is such as to warrant their respective use.

2. The members of the Union at commencement of work on Tuesday, 14th February, requested the employer to supply overalls. The employer refused the request as it was not considered that the nature of the employment was such to warrant the supply of same. Negotiations commenced between the employer and the Union and the matter was referred to the Board for determination.


3. It was agreed between the parties that the advocates also act as Board members.

4. The Board inspected the work at approxi- mately 11.30 a.m. and then heard submissions in the matter. Summarizing the submissions of the union advocate. Mr P. L. Troy, the basis of the claim was that some of the rust being chipped oft by these machines became finely powdered and also in the rust would be a residue of dry paint with which the vessel had previously been painted. This dust permeated the worker's clothing to the skin causing damage to the clothing and irrita- tion to the body.

5. Considerable reference was made to the issue of the existing award, and in particular to the transcript of the proceedings before the then Arbitration Court when award No. 29 of 1960 was issued. The President of the Court in his judgment (W.A.I.G. Vol. 41 p. 691) when dealing with the union's claim for gloves and overalls to be supplied to all workers required to work on certain tasks, usually of a dirty nature, stated—

. . . The existing clause makes the provision of the protective clothing necessary only when the nature of the employment is such as to warrant the use of the particular item of clothing in question ... In the circumstances, I would retain the existing provisions.

6. The wording of the award as it stands at present coupled with the remarks of the then President when issuing that award clearly, in my opinion, require the issue of a particular item (overalls in this case) only when considered necessary or to use the President's wording, warranted. From the Board's inspection of the location of the job (not in any way confined) and the workers performing the work on this vessel (no substantial degree of dust on their external clothing) it is satisfied that if there is a degree of discomfort associated with this job it is not sufficient to justify the board to direct the employer to provide overalls for the workers concerned.

7. It was forcibly and capably argued by Mr Troy that on past occasions in argument before industrial authorities advocates for employers of labour in this industry had submitted as grounds why other special allowances or margins should not be increased was that protective clothing was freely supplied. Similarly he submitted that other groups of employers employing these same workers had on some previous occasions provided overalls on jobs being performed in what he claimed would be similar circumstances. The latter submission was substantially correct but the work was being performed elsewhere than at this slipway where fixed scaffold at various levels was erected.

8. Neither of the arguments advanced in the previous paragraph can be considered by this Board. The Board's function under clause 32 (a) is clearly limited to determining that the nature of the employment of the particular job in question is such that the Board should order the employer to provide the protective clothing set out in this clause where the employer has refused to do so. In the opinion of the Board the nature of employment on this job does not warrant such a decision and by a majority (Mr Troy dissenting) it so determines.

Dated at Perth this 20th day of February, 1967. R. R. ELLIS,

Chairman.

REFERENCES OF INDUSTRIAL DISPUTE-

Preliminary Hearings—

COMMISSION AGENTS UNION AND TOTALISATOE AGENCY BOARD.

(Objection to and Award being Made in Reference No'd. 34 of 1966.)


No. 34 of 1966. Between the Commission Agents Union of Workers

of Western Australia, Applicant, and the Totalisator Agency Board, Respondent, and in the matter of an objection, by the respondent, to an award being made, on the grounds referred to in paragraph 1 of the respondent's amended answer, namely—

1. The Western Australian Industrial Commission has no jurisdiction to deal with the applicant's claim because by virtue of the provisions of the Totalistator Agency Board Betting Act, 1960 and its amendments and in particular section 16 thereof the Totalisator Agency Board has the sole right to determine the terms and conditions of appointment of the members of the applicant Union as officers of the said Board and the remuneration which they are entitled to receive for their services.


The 15th day of March, 1967. Mr J. Toohey of counsel appeared on behalf of

the applicant. Mr R. Chappell of counsel appeared on behalf of

the respondent. Judgment.

MR COMMISSIONER SCHNAARS: On the 9th December, 1966, the Commission Agents Union of Workers of Western Australia filed a reference of industrial dispute, the Scope clause of which reads—

This award shall have application to the calling of Commission Agents in the employ of the respondent.

On the 4th January, 1967, the respondent, the Totalisator Agency Board, filed an answer in the following terms:—

(1) The applicant is not entitled to the award sought in paragraph 4 of the reference, or any award under the said Act because its members are not workers within the meaning of the said Act;

(2) Alternatively, the Totalisator Agency Board disputes each and every claim appearing in the schedule attached to the reference.

By arrangement between the parties it was decided that paragraph 1 of the answer should be determined as a preliminary point; and the matter was listed for hearing on Monday, the 13th March, 1967. At that hearing, Mr Chappell, of counsel for the respondent, contended that section 16 of the Totalisator Agency Board Betting Act conferred on the Board the sole right of determining the terms, conditions and remuneration of all officers and employees of that Board, whether or not those persons are employed as workers within the meaning of the Industrial Arbitration Act, 1912-1966.


Consequently, he contended that this Commission does not have jurisdiction to deal with the reference of industrial dispute as filed by the applicant union, irrespective of any conclusion which may be envisaged from a consideration of paragraph 1 of the answer.

Following that submission, Mr Toohey, of counsel, for the applicant, sought an adjournment on the grounds that the matters raised were not set out in the answers to the reference. An adjournment was granted and the hearing resumed this morning, the 15th March, 1967.

Since the previous hearing the respondents have amended the original answer and a copy has been served on the applicant. That amended answer reads—

The Totalisator Agency Board in answer to the applicant's claim says as follows:

(1) The Western Australian Industrial Commission has no jurisdiction to deal with the applicant's claim because, by virtue of the provisions of the Totalis- ator Agency Board Betting Act, 1960, and its amendments, and in particular section 16 thereof, the Totalisator Agency Board has the sole right to determine the terms and conditions of appointment of the members of the applicant union as officers of the said Board and the remuneration which they are entitled to receive for their services;

(2) The applicant is not entitled to the award sought in paragraph 4 of the reference or any award under the said Act because its members are not workers within the meaning of the said Act;

(3) Alternatively, the Totalisator Agency Board disputes each and every claim appearing in the schedule attached to the reference.

Paragraph 2 of the amended answer has not yet been argued by the parties, and the respondent contends that a conclusion on paragraph 1 in respect of the Board's powers under section 16 of the T.A.B. Act will, if favourable to the respondents, dispose of further argument related to paragraph 2.

I will therefore confine my remarks to paragraph 1 without any reference to matters which come within paragraph 2 of the answer.

The Industrial Arbitration Act was assented to on the 21st December, 1912, and since that date has been amended on numerous occasions and is now referred to as the Industrial Arbitration Act, 1912- 1966. The T.A.B. Act was assented to on the 28th November, 1960. It must be accepted that the legislature conferred power under the latter Act with a full knowledge of existing legislation. Section 16 of that Act reads—

1. The Board— (a) may appoint and at any time remove a

manager and a secrtary and such other officers as the Board considers necessary for the purposes of this Act; and

(b) may employ such temporary or casual employees as it thinks fit for those purposes.

2. The manager and secretary and other officers and employees respectively hold their office or employment upon such terms and subject to such conditions, and are entitled to receive such remuneration for their services as the Board in each case from time to time determines.

This Industrial Commission has jurisdiction to hear and determine references of industrial dispute relating, inter alia, to matters of remuneration and general conditions of employment which involve workers within the meaning of the Act. This wide and general power can, however, be restricted by the terms of other Statutes. In such cases it can be said that the general rule applying under the Arbitration Act is limited by an exception to that rule. That section 16 of the T.A.B. Act provides such an exception to the jurisdiction generally exercised by the Industrial Commission, is actually the substantive ground on which the respondent relies.

As mentioned by Mr Toohey, the legislature appears to distinguish as between "agents" and "officers and employees". For example, in section 15, paragraph (c), the Board is given the authority to prescribe the duties of its "officers, agents and employees"; whilst under section 16, subsection (2) the word "agent" does not appear and the Board is given the authority to decide the terms, conditions and remuneration of the manager, secretary and other officers and employees. Similar distinc- tions are evident in other sections of the Act where the word "agent" appears in addition to the words "officers and employees".

Mr Toohey has contended, therefore, as the first ground of his reply that agents are excluded from the provisions of section 16.

The Scope clause of the reference of industrial dispute, to which I have already referred, refers to "commission agents in the employ of the respondent", and notwithstanding the difference in the wording as between section 15 and section 16 and other sections, Mr Chappell contends that "agents in the employ of the respondent" are, in fact, officers within the meaning of section 16. I will leave the matter of the difference in wording at this stage, and proceed to what I consider to be the major question to be first determined and that is whether section 16 deprives this Commission of jurisdiction in respect of any officers or employees covered by that section.

The respondent referred to section 29 of the Fire Brigades Act, in which it is clearly specified that the authority of that Board to do certain things is subject to the Arbitration Act and, in the absence of similar words in section 16 of the T.A.B. Act, contended that the powers therein referred to are confined solely to the Board. It may well be that the legislature has clearly expressed its intention in the Fire Brigades Act, but not perhaps so clearly in the Statute which is now under consideration.

In various sections of the T.A.B. Act the legislature has specifically referred to other Acts. For example, section 20 commences with the words "notwithstanding anything contained in any other Act or law to the contrary ..." Other sections of the T.A.B. Act are similarly phrased, but not section 16. It would, under these circumstances, be more reasonable to say that, in the absence of a "notwithstanding" provision attached to section 16, the Arbitration Act does have application; rather than to say that, in the absence of a "subject to" provision, as contained in another Act—the Fire Brigades Act—the Arbitration Act does not have application.

The respondent contends that section 16 implies that the Board is to be the final arbiter on matters affecting remuneration and conditions of employment of its officers and employees. Having regard to the general jurisdiction of the Industrial Com- mission and the limited purposes of section 16


which appear evident as being the legislature's intention (and I will make a further reference to that aspect later) I find extreme difficulty in ac- cepting that proposition. When the Totalisator Agency Board came into being as a public authority (section 5, subsection (5)) it was constituted as a

body corporate capable of "doing and suffering all that bodies corporate can do and suffer" (section 5, subsection (3) ) and it was empowered, inter alia, to "appoint such officers as it deemed necessary" (section 16 (1) ); "prescribe the duties of its officers, agents and employees" (section 15 (c) ) and "determine the remuneration and conditions of employment of its manager, secretary and other officers and employees" (section 16 (2)).

In so legislating, Parliament made it quite clear in the latter section that, within the framework of the Board, it would not be the manager or secretary who could do certain things but the Board as a corporate body which would exercise those powers. If I could see some inconsistency between the powers conferred on the Board and the jurisdiction exercised by this Commission, then I would incline to the view that the powers conferred on the Board should prevail over the powers conferred on this Commission—but I cannot see any such inconsistency.

The right of all employers (as argued by Mr Toohey) is to determine the remuneration and conditions of employment of its employees; but that right is at all times subject to minimums which may be prescribed by this Commission in the course of resolving industrial disputes.

Section 16 of the T.A.B. Act, merely enacts in the form of a Statute the unwritten law applying to all employers; and its main purpose, in my opinion, is to specify therein that the Board could not delegate the powers referred to in the subsection, as so often happens with corporate bodies, but, within the framework of the Totalisator Agency Board, must itself retain and exercise that authority. The determination by any employer of the remuneration of employees, whether within an employer's ordinary rights or by statutory authority as expressed in section 16 of the T.A.B. Act, does not prevent an industrial dispute arising over such matter and does not prevent this Commission from exercising its general powers to resolve any such industrial dispute.

It is a well established rule that a Statute should not be construed so as to take away the jurisdiction of superior courts unless it does so by express words or necessary implication, and it would appear to me to be a departure from the principles involved in that rule to now assert that the Totalisator Agency Board has powers which deprive this Commission of jurisdiction unless express words to that effect are contained in section 16 or the words used carry a necessary implication. There are certainly not any express words, such as the legislature has used in section 20, and for the reasons I have expressed I cannot see that the words suggest a necessary implication.

For the foregoing reasons, and without becoming involved in any distinction which may or may not have been envisaged by the legislature as between agents and other officers and employees in various sections of the T.A.B. Act, I would dismiss the objection in relation to paragraph 1 of the amended answers as filed by the Totalisator Agency Board and rule that section 16 of the T.A.B. Act does not constitute a bar to this Commission resolving the reference of industrial dispute filed by the applicant union.

Order accordingly.


No. 34 of 1966. Between the Commission Agents Union of Workers

of Western Australia, Applicant, and the Totalisator Agency Board, Respondent, and in the matter of an objection, by the respondent, to an award being made, on the grounds referred to in paragraph 1 of the respondent's amended answer, namely—

1. The Western Australian Industrial Commission has no jurisdiction to deal with the applicant's claim because by virtue of the provisions of the Totalisator Agency Board Betting Act 1960 and its amendments and in particular section 16 thereof the Totalisator Agency Board has the sole right to determine the terms and conditions of appointment of the members of the applicant Union as officers of the said Board and the remuneration which they are entitled to receive for their services.

HAVING heard Mr J. Toohey of counsel on behalf of the applicant and Mr R. Chappell of counsel on behalf of the respondent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Industrial Commission, in pursuance of the powers contained in the Industrial Arbitration Act, 1912- 1966, do hereby order and declare—

That the abovementioned objection by the respondent be dismissed.

Dated at Perth this 15th day of March, 1967. (Sgd) S. F. SCHNAARS,


DISPUTES™ Also under Section 137-

INTER N A TIO N A L COMBUSTION AUSTRALIA LTD AND BOILERMAKERS' UNION AND NUMEROUS WORKERS.

(Re Alleged Ban on Working of Overtime.) IN THE WESTERN AUSTRALIAN


Between International Combustion Australia Limited, Applicant, and the Boilermakers' Society of Australia, Union of Workers, Coastal Districts W.A. and the Workers whose names appear on the schedule annexed hereto, Respondents.

Order. THIS matter by leave of the Commission on the ground that it was of an urgent nature having been heard by the Commission in Court Session ex parte in Chambers and the Commission in Court Session, having heard Mr D. L. T. Hosking on behalf of the applicant and haying read the Statu- tory Declarations of Roy Inglis and George Ter- rence Fletcher made on the 3rd day of March, 1967, hereby makes the following order to wit—

(1) That the respondent workers, the respondent Union and its members are hereby enjoined from refusing, limiting or ban- ning work as required by the applicant during ordinary or overtime hours of duty as provided for in the Metal Trades (General) Award No. 13 of 1965.

162

(2) That the respondent Union and each of its officers shall not encourage any worker employed under the provisions of the said Award from refusing or failing to report for duty during ordinary or overtime hours as aforesaid.

Dated at Perth this 7th day of March, 1967. By the Commission in Court Session,


TAKE notice that non-compliance with this Order will render any person in default liable for pun- ishment for an offence under the Industrial Arbitration Act, 1912-1966; and take further notice that any party or person affected by this Order may move the Commission in Court Session on twenty-four hours' notice to the applicant to vary, suspend or cancel the Order and take further notice that it is hereby directed that a copy of this order together with a copy of the application and the Statutory Declarations in support thereof be served by the applicant on the abovenamed respondents.

Annexure "A". Stanley Haley, 54 Cordelia Avenue, Coolbellup. Thomas Williams, 191 South Street, Beaconsfield. Clarence Charles Sims, 56 Justinian Street, Pal-

myra. Roy William Rundle, 31 Hewison Road, Medina. Allan Binks, 3 Lana Way, Rossmoyne. Alan Stanley Clark, 4 Garry Street, Coolbellup. William Thomas Roberts, 20 Kenton Way, Calista. David James Bell, 97 Burnett Way, South Coogee. Dennis William Lewis, 75 Aurelia Street, Palmyra. Robert William Gray, 27 Money Road, Melville. Joseph Bigwood, Lot 207 Leontes Way, Coolbellup. Wilfred Peel, 16 Visser Street, Coolbellup. William Percy Cork, 4 Visser Street, Coolbellup. Cyril Gordon Wollington, 3 Cutts Street, East

Hamilton Hill. George Guthrie Sharkey, 6 Binfield Road, Medina. Dennis Eric Green, 2 Clydesdale Street, Alfred

Cove.

UNIONS- Registration of—

AUSTRALIAN INSTITUTE OF MARINE AND POWER ENGINEERS

NOTICE I, the undersigned, Assistant Registrar of the Western Australian Industrial Commission, hereby give notice that, pursuant to a direction given to me by the Commission in Court Session and dated the 21st day of December, 1966, I have this day registered the Society known as the Australian Institute of Marine and Power Engineers, Western Australian Union of Workers as an Industrial Union under the Industrial Arbitration Act 1912- 1966, the said Society having complied with the directions of the Commission in Court Session dated the 21st day of December, 1966, and published in the Western Australian Industrial Gazette, Vol. 46 at page 1357.

Dated the 16th day of February, 1967. R. R. ELLIS,

Assistant Registrar.

Application for an inquiry into an election —

WATER, SEWERAGE AND DRAINAGE EMPLOYEES UNION.

IN THE WESTERN AUSTRALIAN INDUSTRIAL APPEAL COURT.

No. 2 of 1967. In the matter of the Government Water, Sewerage

and Drainage Employees' Industrial Union of Workers, and in the matter of an application by Conrade Henry Benaim for an inquiry into an election for the office of General President.

WHEREAS an election has been conducted for the office of General President of the Government Water, Sewerage and Drainage Employees' Indus- trial Union; and whereas Conrade Henry Benaim a member of the said Union claims that irregu- larities have taken place in or in connection with the said election; and whereas the said Conrade Henry Benaim has made application pursuant to section 36A of the Industrial Arbitration Act, 1912-1966, for an inquiry by the Western Australian Industrial Appeal Court into the matter; and whereas I, Raymond Bowyer, Industrial Registrar under the said Act having considered the said application as required by section 36B of the said Act and being satisfied there are reasonable grounds for an inquiry into the question whether there has been an irregularity in or in connection with the election which may have affected the result of the election and that the circumstances of the matter justify an inquiry by the Court hereby grant the application and refer the matter to the Court.

Dated at Perth the 1st day of March, 1967. (Sgd) R. BOWYER,

Industrial Registrar.

Application for Amalgamation—

AUSTRALASIAN SOCIETY OF ENGINEERS' INDUSTRIAL UNION OF WORKERS, WESTERN AUSTRALIAN BRANCH.


File No. 53 of 1966.

In the matter of the Industrial Arbitration Act, 1912-1966, and in the matter of an application to register amalgamation of the Australasian Society of Engineers' Industrial Union of Workers, Perth, W.A.; Fremantle; Midland Junction Branch; Goldfields No. 1 Branch and Collie River District, as Australasian Society of Engineers' Industrial Union of Workers', Western Australian Branch. Before the Commission in Court Session.

Chief Industrial Commissioner S. F. Schnaars, Esq., and Mr Commissioners D. E. Cort and J. R. Flanagan.

The 3rd day of March, 1967. Mr R. Anderson on behalf of the applicants. Mr G. W. Harris on behalf of the Federated

Ship Painters and Dockers' Union of Australia (West Australian Branch) Union of Workers and the Waterside Workers' Federation of Australia (Union of Workers), Fremantle Branch.

22 March, 1967.] 163

Judgment.

MR COMMISSIONER SCHNAARS: This is the unanimous decision of the Commission in Court Session.

In this matter a number of registered unions of workers have applied for registration as one union to be known as the Australasian Society of Engineers' Industrial Union of Workers, Western Australian Branch. The application is made pursuant to section 10 of the Industrial Arbitration Act, 1912-1966. That section enables two or more industrial unions to apply for registration as one union, and if the application is granted the registration of every union affected is deemed to be cancelled.

The matters now to be determined are two objections which have been filed by registered industrial unions of workers. In both instances the objections are related to that part of the proposed Constitution rule, which reads—

(d) Persons engaged by B.P. (Fremantle) Limited as bunkering operators, and bunkering attendants.

The first objection was made by the Federated Ship Painters and Dockers' Union of Australia (West Australian Branch) Union of Workers. Briefly stated, that objection was for the purpose of ensuring that deckhands or general labourers eligible to belong to the objecting union who may be employed on barges used for bunkering work could not be regarded as bunkering operators or attendants.

It appears clear that a person whose substantial employment makes him eligible for membership of the objecting union could not be regarded as a bunkering operator or attendant as envisaged by the proposed rule. Furthermore, an application by the objecting union to cover "workers engaged in or in immediate connection with oil bunkering or oil fuelling of vessels", was refused in 1961 (41 W.A.I.G. p. 1146); the Court then being of the opinion that it could see little relation between the work of the majority of the members of the Ship Painters and Dockers' Union and the work involved in fuelling vessels.

In view of the foregoing, there would not appear to be any possibility of a genuine conflict arising between the Constitution of the objecting union and the proposed rule, and we can see no reason for suggesting any modification of the proposed rule.

The second objection was made by the Waterside Workers' Federation of Australia, (Union of Workers), Fremantle Branch. In this case the objector was mainly concerned with protecting its existing consitutional rights so far as future developments may be concerned. Whilst recog- nising that the Australasian Society of Engineer's Industrial Union of Workers, Perth, W.A. had, over many years, consistently looked after the industrial interests of the workers, the objector contended that as its Constitution already covered workers employed in fuelling ships, another union should not be registered for that work.

It is clearly evident that the objector has taken little or no interest in the workers concerned and in the past has been prepared to leave the pro- tection of their industrial interests to the Aus- tralasian Society of Engineers. The proposed rule

only refers to one employer and is designed to validate past practice and custom and as such should be allowed. The objection is therefore over-ruled.

There is one other matter to which reference must be made. During the proceedings it was indicated that an understanding had been reached with the Federated Engine Drivers and Firemen's Union of Workers of Western Australia, the Collie Federated Engine Drivers and Firemen's Union of Workers of Western Australia and the Australian Workers' Union, Westralian Branch, Industrial Union of Workers, which understanding was to be noted in the transcript of proceedings. For this reason objections were not filed by these unions but in accordance with a recent decision of this Commission, that undertaking will need to be spelt out in the Constitution.

Under subsection (4) of section 10 an "application to amalgamate" is deemed to be an application by a society for registration and ordinarily and prior to registration a further general meeting would need to be called to approve the amendment required above. If this course is followed, registration will then be approved. However, a modification of that procedure has been sought under the new subsection (8) of section 23 which reads—

Notwithstanding the foregoing provisions of this Act and the rules of an industrial union, the Commission in Court Session on the application of the industrial union, may direct that the procedure prescribed in those rules for amending, repealing or altering them may be varied in such manner and to such extent as the Commission in Court Session, having regard to the circumstances set out in the application, thinks fit and specifies in such direction. ,

but until the "society" is registered such an application cannot be made. To assist, we suggest the following procedure could be adopted:—

(1) The new union to be registered without paragraph (d) of Rule 2—Constitution.

(2) On registration the new union to then apply under section 23 (8) for a modification in the procedure to permit the Branch Executive referred to in Rule 29 to approve an alteration to the Consitu- tion in the terms used in paragraph (d), together with the aforementioned under- takings.

(3) Subject to the necessary approval being granted an application to amend the Con- stitution could be dealt with by the Com- mission and in view of this decision those proceedings would be somewhat of a formality.

We suggest that Mr Anderson advise the Clerk to the Commission of the course to be taken, and subject to what we have said, the Registrar will, at the appropriate time, be directed to register the new union.



NOTICE. I, the undersigned Assistant Registrar of the Western Australian Industrial Commission, hereby give notice that, pursuant to a direction given to me by the Commission in Court Session and dated the 17th day of March, 1967 in an application under Section 10 of the Industrial Arbitration Act, 1912-1966 by the following unions—

The Australasian Society of Engineers' Indus- trial Union of Workers, Perth, W.A.;

The Australasian Society of Engineers' Indus- trial Union of Workers, Fremantle;

The Australasian Society of Engineers' Indus- trial Union of Workers, Midland Junction Branch;

The Australasian Society of Engineers' Indus- trial Union of Workers, Goldfields No. 1 Branch;

The Australasian Society of Engineers, Collie River District, Industrial Union of Workers;

to be registered as one union, I have this day registered a society known as the Australasian Society of Engineers' Industrial Union of Workers, Western Australian Branch as an industrial union under the abovementioned Act.

Dated at Perth this 20th day of March, 1967. R. R. ELLIS,

Assistant Registrar.


File No. 53 of 1966. In the matter of the Industrial Arbitration Act,

1912-1966, and in the matter of an application to register amalgamation of the Aus- tralasian Society of Engineers' Industrial Union of Workers, Perth, W.A.; the Australa- sian Society of Engineers' Industrial Union of Workers, Fremantle; the Australasian Society of Engineers' Industrial Union of Workers, Midland Junction Branch; the Australasian Society of Engineers, Industrial Union of Workers, Goldfields No. 1 Branch, and The Australasian Society of Engineers, Collie River District, Industrial Union of Workers, as Aus- tralasian Society of Engineers' Industrial Union of Workers, Western Australian Branch.

HAVING heard Mr R. Anderson on behalf of the applicants and Mr G. W. Harris on behalf of the Federated Ship Painters and Dockers' Union of Australia (West Australian Branch) Union of Workers and the Waterside Workers' Federation of Australia (Union of Workers) Fremantle Branch, and the requirements of the abovementioned Act and the regulations made thereunder having been complied with, the Commission in Court Session, pursuant to the powers vested in it by the said Act, doth hereby direct the Registrar to register the Australasian Society of Engineers' Industrial Union of Workers, Western Australian Branch, as a union and in accordance with the rules as filed by the said union on the 4th day of January, 1967.

Dated at Perth this 17th day of March, 1967. By the Commission in Court Session,

[L.S.I (Sgd) S. F. SCHNAARS, Commissioner.

APPRENTICES-

Apprenticeship Boards-

Appointment of—


In the matter of Award No. 7 of 1964, and in the matter of regulation 8 of the Apprenticeship Regulations.

THE Western Australian Apprenticeship Advisory Council having considered the formation of an Apprenticeship Board as set out in the schedule hereto and having sought and obtained nominations as contemplated by regulation 8 of the Apprentice- ship Regulations of persons to be representatives thereon and the said Council having referred the matter of the appointment of such a Board to the Western Australian Industrial Commisison in Court Session and having also recommended the appointment of Mr J. E. H. Ward (Technical Officer of the Council) as Chairman of the said Board, the West- ern Australian Industrial Commisison in Court Session pursuant to the provisions of the said regulation doth hereby of its own motion appoint the Apprenticeship Board in accordance with the said schedule with representation as set out therein and further hereby appoints the said Mr J. E. H. Ward as Chairman of the said Board.

Dated the 21st day of February, 1967.

By the Western Australian Industrial Com- mission in Court Session.

(Sgd.) S. F. SCHNAARS, Chief Commissioner.

(Sgd) D. CORT, Commissioner.

(Sgd) J. R. FLANAGAN, [L.S.J Commissioner.

Schedule. Apprenticeship Advisory Board.

Trade. Fibrous Plaster Fixing

Representatives.

Education Department of W.A., V. Hall (Proxy W. Paterson).

W.A. Employers' Federation (Inc.), L. Girdlestone, T. Hodgson.

Operative Plasterers and Plaster Workers' Federa- tion of Australia; A. C. Lee, J. Sweeney.

Chairman: J. E. H. Ward.

22 March, 1967.] western Australian industrial gazette.

Application for permission to take

or employ apprentices in excess of

fixed quota STEEL INDUSTRY WORKERS.

(Australian Iron and Steel.) Award No. 24 of 1962.


No. 85 of 1967. In the matter of the Industrial Arbitration Act,

1912-1966, and in the matter of an application by Australian Iron and Steel Pty Ltd, for an order of the Commission permitting the taking or employment of ten apprentices by the applicant company to the trade of engineering-electrical fitting, notwithstanding that the quota fixed by the Steel Industry Workers (Australian Iron and Steel Pty Ltd) Award No. 24 of 1962, as amended, be ex- ceeded.

HAVING read the application and the statutory declaration of Henry John de Burgh annexed thereto and having heard Mr H. J. de Burgh on behalf of the applicant company; Mr R. Fletcher on behalf of the Electrical Trades Union of Workers of Australia (Western Australian Branch), Perth; Mr J. Mutton on behalf of the Coastal Dis- trict Committee Amalgamated Engineering Union Association of Workers, and Mr M. Jahn on behalf of the State Executive, Australasian Society of Engineers' Industrial Association of Workers, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me by the Chief Industrial Com- missioner and in pursuance of the powers contained in subregulation (2) of regulation 40 of the Apprenticeship Regulations made under the In- dustrial Arbitration Act, 1912-1966, do hereby order that the abovementioned application be granted.

Dated at Perth this 22nd day of February, 1967. [L.S.] (Sgd) J. R. FLANAGAN,

Commissioner.

165

Reduction of Term of Registered

Apprenticeship Agreements -


No. 257 of 1967.

In the matter of the Apprenticeship Regulations, 1964, and in the matter of an apprenticeship agreement made the 27th day of March, 1963, and registered on the 14th day of May, 1963, between the Coventry Motors (transferred to S.E.C.) (employer); David Muilton Holden (apprentice); and Frank Alfred Holden (par- ent) ; in the trade of Scientific Instrument making.

HAVING read and considered the application herein made under regulation 11 of the abovementioned regulations and having considered the recommenda- tion of the Western Australian Apprenticeship Ad- visory Council in relation thereto and by consent of all the parties to the above agreement and the consent of the Amalgamated Engineering Union and the Australasian Society of Engineers, I, the undersigned Chief Industrial Commissioner of the West- ern Australian Industrial Commission, in pursuance of the powers contained in the said regulations and all powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this Order.


(Sgd) S. F. SCHNAARS. IX.S.] Commissioner.

57 - Western Australian Industrial Relations Commission

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