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Sub-part 4 WEDNESDAY, 30th OCTOBER, 1968 No. 48-Part 2

APPEALS TO COMMISSION IN

COURT SESSION-

Against Decision of a Commissioner- BAKERS. (Country.)

Award No. 14A of 1963. BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION. No. 249 of 1968.

Between Acme Bakery and another, Appellants, and West Australian Operative Bakers' Union of Workers, Respondent. Before the Commission in Court Session.

Chief Industrial Commissioner B. M. O'Sullivan, Esq., and Mr. Commissioners E. R. Kelly and D. E. Cort.

The 17th day of October, 1968. Mr. D. L. Hosking on behalf of the appellants. Mr. J. E. Skidmore on behalf of the respondent.

MR. COMMISSIONER O'SULLIVAN: This is an appeal from a decision of Mr. Commissioner Flanagan given on the 8th July, 1968, wherein he dismissed an application by the appellants to amend clause 7 of the Bakers' (Country) Award No. 14A of 1963. The application sought to amend the clause to allow the ordinary hours of duty of a worker to commence at 3.00 a.m. each day but the hours worked between 3.00 a.m. and 5.00 a.m. be paid at the rate of time and a half in accordance with clause 9, Special Rates.

The appellants have brought this appeal on the following four grounds—

1. The Commissioner's decision is contrary to and inconsistent with the principles followed by him when he made the 1965 Bakers' (Country) Award.

2. The Commissioner failed to appreciate that the issue between the parties was the rate to be paid and not the hours at which workers commenced work.

3. The Commissioner's decision allows the union to enforce unreasonable or exorbitant demands on employers.

4. The Commissioner's decision places employers at a serious economic disadvantage when competing with non employers.

I prefer to deal with the grounds of appeal, in the reverse order to which they have been stated and to deal with grounds 3 and 4 together.

The transcript of the hearing before Mr. Com- missioner Flanagan and of the hearing before the Commission in Court Session does not reveal a note of any instance when there has been any "unreasonable or exorbitant demands" made by the union on employers nor is there any note of any instance of an employer suffering "a serious economic disadvantage" as against a non employer since the statutory provision concerning the baking- hours has been amended.

It is to be noted that the award contains provision for the ordinary hours, as prescribed, to be varied in any municipal district by means of agreement between the union and employers or by the determination of a Board of Reference.

Surely the availability of a Board of Reference is a safeguard against "unreasonable or exorbitant demands" made by the union, instances of which have not been demonstrated. The Board of Refer- ence is equally a safeguard against the employer suffering "a serious economic disadvantage" as suggested but again not demonstrated.

It is to be remembered that the decision of the Board of Reference made in exercise of the power of determination under the provision of the award is open to appeal by the Commission thus assuring a further safeguard against unreasonable conduct by the union or economic disadvantages being sustained.

I turn now to ground 2 of the appeal and find great difficulty in reconciling the material contained in the transcript of the hearing before Mr. Commissioner Flanagan with the wording of the grounds of appeal.

606 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [30 October, 1968.

I have referred myself to the transcript at the part where the Commissioner was discussing with Mr. Skidmore, for the union, the question of rates paid to workers commencing at 3.00 a.m. following an amendment of ordinary hours by the Board of Reference and workers commencing at 3.00 a.m. not subject of such an amendment. The difference between time and a half in ordinary hours and time and a half as overtime is demonstrated and clarified.

In his decision Mr. Commissioner Flanagan said— It was put on behalf of the applicant em-

ployers in support of the claim that a similar provision should be inserted in the country award which, as it now stands, provides under clause 9, Special Rates, for the payment of a rate of time and a half for all ordinary time worked on any shift commencing between midnight and 5.00 a.m. where the commencing time has been varied by agreement of the parties or by decision of the Board of Refer- ence. A refusal of the claim would, it was said, place employers at an economic disadvantage when compared with non employers of labour, inasmuch as those employers who may be compelled, for competitive reasons, to commence baking operations at the earlier times as authorised by the Minister, would be considered as being obliged to pay for all time prior to 5 a.m. on an overtime basis.

The fact that the Commissioner did not allow the amendment sought does, not, to my mind, lead to a conclusion that he has not appreciated the real issue between the parties. Indeed, it appears to me that the Commissioner was very much aware that the real objective of the amendment sought was to bring the hours worked between 3.00 a.m. and 5.00 a.m. within the scope of clause 9 (2) and not suffer penalty as overtime and he has taken that matter into full consideration and brought his judgment down mindful of the submission made.

The first ground of appeal complains of inconsistency in that the Commissioner has failed to follow principles adopted when he made the award in 1965. In his submission to the Commission in Court Session the advocate has emphasised the expression "the legislative primacy of the Bread Act" as was used by the Commissioner in his judgment in 1965 and complains that in his judgment in 1968 the Commissioner has failed to recognise that "primacy" and is inconsistent in so doing.

The legislature has vested in the Commission, through the Industrial Arbitration Act, the power to determine the hours during which a worker may be required to work, his conditions of work, including his pay, and other matters affecting his contract of service with his employer and for these purposes the Commission issues its awards and registers agreements between parties.

The power to determine hours and rates of pay is not in the hands of the Minister and it was never intended that it should be. The amendment sought to the award in this instance would place primarily in the hands of the Minister the power to amend the hours of work of the workers concerned. It would mean that at any time, and for reasons which might not be sufficient for the Commission to act, the Minister could, by his proclamation, declare baking hours and consequently working hours to commence at any hour without regard for the needs of the workers.

The fact that in one instance it was proper to concede a "primacy" to the legislative provision does not mean that in all instances the award provision should follow those created by the statute.

In this case the contrast is brought to show that in 1965 the Commission followed the provisions of the Act but refused to so do in 1968. I consider that in the 1965 case the Commissioner spoke of "primacy" only in the context of the provisions related to the five day week for workers in the breadmaking industry and did not refer to any other matter.

The industry is one which has been the subject of a good deal of litigation in the Arbitration Court and the Commission and, over the years, has been adjusted gradually by awards and agreements until at this day a fairly good basis of employer- employee relationship has been reached which recognises the needs of both employer and employee and prescribes the methods whereby those needs can readily be met.

In this instance the Commissioner has refused to amend the award and empower the Minister by his proclamation at any time to vary the ordinary hours of the workers and I believe that he has not acted inconsistently with principles he previously followed and, even if his present action can be construed as being inconsistent, he was not bound by his previous action and in this case he was not wrong in refusing the amendment sought. I am not satisfied that the Commissioner failed to appreciate the issues between the parties as claimed in the second ground of appeal and rather do I con- clude from my examination that he well appreciated and judged the matter on the issues.

On a review of the whole of the matter on the grounds of appeal as brought before us, I am not satisfied that the decision of the Commissioner should be set aside and accordingly I would dismiss the appeal. MR. COMMISSIONER KELLY: This is an appeal from a decision of Mr. Commissioner Flanagan given on the 8th July, 1968, wherein the Commis- sioner refused an application by the present appellants for amendment of subclause (4) of clause 7 of the Bakers' (Country) Award, 1965. At a later point in these reasons I record and discuss the amendment that was sought in the proceedings before the Commissioner and the arguments put forward in support of it but it is convenient to turn immediately to the grounds on which this appeal is made for some of those grounds may be disposed of quite shortly. In doing so I mention that for the appeal to succeed the appellants must show that the Commissioner's decision was wrong; and they must show that, on the evidence and matters raised in the proceedings before the Commissioner, it was wrong on the grounds on which the appeal is brought.

The grounds of appeal are— (1) The Commissioner's decision is contrary

to and inconsistent with the principles followed by him when he made the 1965 Bakers' (Country) Award.

(2) The Commissioner failed to appreciate that the issue between the parties was the rate to be paid and not the hour at which workers commenced work.

(3) The Commissioner's decision allows the union to enforce unreasonable or exorbitant demands on employers.

607

(4) The Commissioner's decision places employers at a serious economic disadvantage when competing with non-employers.

I reserve grounds (1) and (2) for fuller consideration later. With respect to ground (3) I observe that it is not a statement of fact and that even if it were it would not entitle us to uphold this appeal unless there was evidence of attempts by the union to "enforce unreasonable or exorbitant demands on employers". It is not a statement of fact because, if employers in any district feel that unreasonable demands are being made on them as quid pro quo for an earlier commencement of ordinary working hours, they may have recourse to the Board of Reference that is constituted under the award. Of at least equal importance is the fact that in neither the proceedings before the Commissioner nor those before us was there any evidence of unreasonable practice by the union. Indeed, the Commissioner concluded that " a responsible and flexible attitude has been adopted by the union in respect of this question and nothing was said to suggest that the union's attitude would materially change in the future". On what was before the Commissioner it is not, in my opinion, open to us to say that he was wrong in that conclusion.

Ground (4) assumes that because of the Com- missioner's decision employers of labour who are in competition with non-employers will have to pay higher penalty rates than would be the case if the application had been granted. In my view that assumption is unwarranted. It is only true in a case in which the union does not agree and the Board of Reference refuses to vary the starting times of ordinary hours of work; and in that regard it is to be noted that the Commissioner recognised the "need .... to be on equal competitive terms with a non-employer" as a "compelling reason" for requiring workers to commence work at an earlier time. In the light of those comments it would indeed be surprising if the union or the Board of Reference refused relief to employers in any district who demonstrated that in order to be on an equal competitive footing with non-employers they needed to have their employees commence their ordinary hours of work at an earlier time. It will be observed that ground (4) is concerned with employers of labour who are competing with non- employers. I am satisfied that the Commissioner carefully considered the needs of those employers and I am satisfied that, fortified by the Commis- sioner's remarks, those employers can adequately protect their interests, if necessary, by having recourse to the Board of Reference. But a reading of decisions that have been given by the Board of Reference confirms what the very wording of ground (4) implies, namely, that there are employers who are not in competition with non- employers, Indeed, it would appear that there may well be some employers who are not in competition with anyone. Employers who are not in competition with non-employers or at all may, of course, be able to satisfy the Board of Reference that, for reasons other than competitive disadvantage, they should be enabled to require their employees to start their ordinary hours of duty at an earlier time; but it is plain that such employers should not be allowed to place that requirement on their employees without the need to do so simply because employers who are in competition may need to do so. Finally, with respect to the words used in this ground of appeal, it was not shown to us in what way the employers referred to would

be at a "serious economic disadvantage" nor was if explained what that expression meant in the present context. More particularly our attention was not drawn to matters raised in the proceedings before the Commissioner from which we could say that he should have concluded that if he refused the claim employers would be at a serious economic disadvantage when competing with non-employers. I suppose we all know something of the difficulties that have arisen in the past because of competition between employers and non-employers in the baking industry but it is a far step from that general knowledge to a conclusion so firm about economic disadvantage that we should say that on the material before him the Commissioner was wroQg in what he did. That, of course, is the conclusion that we must be able to draw if the appeal is to be upheld. In my opinion, the appeal cannot succeed on this ground.

It will be convenient now to turn to the second ground of appeal. It will be noted that the ground asserts not merely that the Commissioner was wrong in what he did but that, while doing wrong, he did not know what he was doing. As it was no doubt Mr. Hosking who drew the grounds, I think the animus was more likely forgiving rather than impertinent so I say nothing on that aspect of the assertion. But I do say that if, as the appellants assert, it was wrong to think that the issue between the parties was the hour at which workers were to commence work and, not the rate, to be paid, the Commissioner could certainly be for- given for entertaining such a thought. The application sought to amend clause 7, that being the clause that deals with the ordinary hours of work. S'ubclause (3) of that clause prescribes the times within which the ordinary hours of work may be performed and subclause (4) makes provision for those times to be varied by agreement or by the Board of Reference. It was the last-mentioned subclause to which the application was directed and the variation claimed was the addition to that subclause of a paragraph in the following terms:—

Should the Minister, in accordance with subsection (6) of section 14 of the Bread Act, 1903-1966, grant authority to any employer or employers, in any district or place, to bake bread at times other than those prescribed in subclause (3) hereof, then the employer or employers affected, may^ require the working of the ordinary hours during the times authorised by the Minister. (My underlining.)

Subclause (2) of clause 9 of the award prescribes a penalty rate of time and a half for ordinary time worked between midnight and 5 a.m. where the starting time of ordinary hours has been varied pursuant to subclause (4) of clause 7 and at page 4 of the transcript of proceedings before the Com- missioner Mr. Hosking, having pointed out that if the application were allowed an employer who commenced baking before 5 a.m. pursuant to authority granted by the Minister, and required his employees to start their ordinary hours before that time, would be required to pay the penalty rates prescribed in that subclause, went on to say—

Clearly, the issue before you today is a matter of whether or not this amendment should be allowed. We have had no counterclaim filed in respect of penalty rates. I suppose this is quite logical, anyway, because the counterclaim could only relate to the particular issue here and possibly the question of


penalty rates is a matter to be dealt with generally in respect of all types of early starts at some other time.

Having put the issue to the Commissioner in that way, Mr. Hosking went on to advance the grounds upon which the employers considered that the application should be allowed and the first of those grounds was that, if the application were not allowed, an employer who required his workers to start work before 5.00 a.m. "might" have to pay "overtime" until 5.00 a.m. and then pay workers for the full ordinary hours in respect of work done after 5.00 a.m.".

It will be seen, then, that the application was, in terms, designed to enable an employer to vary the ordinary working hours of his workers if the Minister varied the hours at which bread might be baked. It will also be seen that in Mr. Hosking's submissions to the Commissioner he put it quite clearly that that issue was the one to which the Commissioner had to direct his attention and not the issue of penalty rates. It is true, as I have said, that penalty and overtime rates were mentioned by Mr. Hosking but only by way of showing what the consequences would be if the applications were, or, as the case might be, were not allowed and, as those consequences are spelt out in the Commissioner's decision, it is quite impossible for us to say that he was unaware of the effect that his decision would have or that he ignored relevant facts in coming to his decision. The argument put to the Commissioner on behalf of Mr. Hosking's clients was that, as the Minister had in fact granted authority for baking to commence at 3.00 a.m., it would be unfair and unjust to refuse employers the right to require their workers to commence their ordinary hours of duty at that time because such a refusal might require those employers to incur substantial penalties by way of overtime. The brief- est perusal of the Commissioner's decision is sufficient to see that he fully understood that to be the argument and the inescapable inference from his decision is that he saw nothing unfair in an employer having to pay overtime rates if he required his workers to start at 3.00 a.m. when the circumstances of his business did not make it necessary that he do so.

What the appellants fail to appreciate in their second ground of appeal is that, however important the question of the rate to be paid might be, it is a consequential issue depending upon the determination of the question whether or not workers should be required to start their ordinary hours of duty before 5.00 a.m. That question in turn depends upon whether a true need exists for them to do so. It is plain that that is how the Commissioner viewed the matter and, in my opinion, he was plainly right in taking that view. It is also plain that the Commissioner did not consider that the case put to him enabled the conclusion to be drawn that it was necessary for all country baking employers to require their workers to commence work prior to 5.00 a.m. and, in the words of the section under which this appeal is brought, I must say that "upon the evidence and matters raised in the proceedings" before the Commissioner I would find it impossible to draw such a conclusion. It is to be observed and stressed that unless that conclusion could have been validly reached the granting of the application would have amounted to endorsing a principle that a worker should commence his ordinary hours of duty as early as an employer might desire and irrespective of the need to start at the time selected. The appellants did not, of course,

advance the submission that such a principle should have governed the Commissioner in his determination of the matter in issue. What they did say was that the matter should have been determined upon the principle that the ordinary hours of work under the award should be allowed to commence at the same time as the baking of bread may commence under the Bread Act, and that leads us logically to the first ground of appeal for it is in the Commissioner's failure to observe that principle that the appellants say that the decision now under appeal is "contrary to and inconsistent with the principles followed by him when he made the 1965 Bakers' (Country) Award".

The first thing that must be said about the first ground of appeal is that even if it amounts to a statement of fact it does not necessarily require that the appeal be upheld. Mere inconsistency between two decisions does not necessarily make the later of those decisions wrong and the fact, if it be a fact, that the Commissioner followed the principle mentioned above in making the award in 1965 does not, in itself, make it wrong for him to depart from that principle in amending the award, after its term had expired, in 1968. The proposition just stated does not, in my view, need an authority to support it but it is, I think, in point to reiterate some observations that I made in the Draftsmen's Appeal Case (46 W.A.I.G. 483). In doing so I mention that the decision in that case was unanimous and that the observations which I now set out were specifically concurred in by the then Chief Commissioner who delivered a separate decision in relation to certain other aspects of the matter then under appeal. The passage to which I refer appears at pages 488-9 of the Gazette—

It will be clear from what I have said that where the Commission in Court Session dis- misses an appeal from a decision of a Commis- sioner, it will have come to the conclusion that, on the material before the Commissioner, his decision was a reasonable one. It does not follow, however, that the members of the Com- mission in Court Session would necessarily have made precisely the same decision if they had dealt with the matter in the first instance, nor that they are subsequently bound by that decision in the exercise of the Commission's original jurisdiction. In this connection it is to be observed that it frequently happens that more than one reasonable course of action is open to a Commissioner making or amending an award and it is in the selection of one rather than another of those reasonable courses that the Act leaves the discretion of the Commissioner completely unfettered. This being so, the Commission in court Session should not attempt to interfere with the reasonable exercise of that discretion on appeal either with respect to the Commissioner whose decision is the subject of appeal or with respect to the Commissioners constituting the Commission in Court Session; and if the dis- creation of a Commissioner should not be fettered by the Commission in Court Session, how much less so should the discretion of one Commissioner be fettered by the past-exercised discretion of another.

I would therefore reject the submission that Mr. Commissioner Flanagan was bound to follow the earlier decision of Mr. Commissioner Cort and that the later proceedings should be regarded as an appeal from that decision. Dur- ing the appeal proceedings Mr. Martin made it

30 October, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 609

clear that his submission was dependent upon the acceptance of his contention that the material before Mr. Commissioner Flanagan was precisely the same as that before Mr. Com- missioner Cort. As will be seen later in these reasons, I do not accept that contention but I wish to make it clear that I do not consider the submission to be a valid one, whether that contention is accepted or not.

In the present case the submission should also be rejected on the ground that it carries an implication which runs counter to the provisions of section 92 of the Act. Under that section the Commission may not vary any provison of an award, the term of which has not expired, unless a change of circumstances has occurred which, in the Commission's opinion, renders that provision no longer just. No such restriction exists in the case of an expired award. In such a case the onus upon an applicant is simply to show that his claim is more reasonable than other alternatives open to the Commission including the alter- native of the existing provision. In the present case the term of the award had expired and the Commissioner was therefore free to consider the claims on their- merits without regard for change of circumstance.

As will be apparent, the passage just quoted was concerned with the question whether a Commis- sioner amending an award is bound to follow an earlier decision of another Commissioner when making the award. The principle is, in my view, no different when only one Commissioner is involved in the two decisions. It is appropriate to mention at this point a rule that has, from time to time, been expressly followed by Mr. Commis- sioner Cort and myself, namely, that where an award has been made upon a particular basis it should not, generally speaking, be varied in a piecemeal fashion on some other basis. That rule is, I think a good rule but it is, as I pointed out in a recent decision, a rule that is subject to qualification. It is, in many cases, a useful guide to a Com- missioner as to the manner in which his discretion should be exercised but it has not yet been, nor do I think it could be, elevated to the level of a principle noncompliance with which would, in itself, render a Commissioner's decision wrong. The fact is that of two decisions the earlier may be far less reasonable than the later and if that be so in any particular case it would be a travesty of justice to upset the later decision simply because it dared to differ. The circumstance of mutual inconsistency between two decisions does not establish that one rather than the other is wrong. In the terms in which it is cast the appellants' first ground could not justify the upholding of this appeal. It does, however, raise the question whether, irrespective of what was done in 1965, the Commissioner should have acted upon the principle that the times within which bread may be baked should, without regard for circumstances and without a legislative direction to that effect, govern the fixation of the times within which ordinary hours should be worked. I say "without a legislative direction to that effect" advisedly because no such legislative direction exists either in the Bread Act or in the Industrial Arbitration Act. The latter Act directs, however, that in the exercise of its jurisdiction the Commission shall act according to equity, good conscience and the substantial merits of the case and, as Mr. Commissioner Flanagan expressly recognised, it includes as an element in every indus-

trial matter the question of "what is fair and right having regard to the interests of the persons immediately concerned and the community as a whole".

The Court of Arbitration must be presumed to have acted in accordance with those provisions of the Industrial Arbitration Act when it made the Bakers' (Metropolitan) Award and the Legislature must be presumed to have been conscious of the existence of those provisions when it provided in subsection (4) of section 12 of the Bread Act with respect to the baking of bread in the metropolitan area that—

bread shall be made or baked for sale only during the hours and on the days specified in any industrial award or agreement for the time being in force under the provisions of the Industrial Arbitration Act, 1912-1941 and applying to the baking of bread in the relevant area.

It will be observed that insofar as the foregoing subsection lends support to any principle of coincidence between working hours and baking hours it gives primacy to the former for the hours of baking are to be determined by reference to the hours of work. In a sense, then, it support's the converse of the proposition advanced by the appellants, but really it does not even go that far for the subsection does not restrict baking hours to the hours prescribed in an award or agreement as ordinary hours.

If we turn to section 14 of the Bread Act, that being the section that deals with baking hours in the country, it will be found that the hours within which baking may be done are specified in subsection (2) but that provision is made in subsection (4) for those hours to be varied by agreement between the union and the employers in any district or, failing such agreement, by determination of a Board of Reference "whose decision shall be final." With respect to country baking therefore, the Legislature has reposed the power to fix baking hours in a Board of Reference but has specifically removed the Board from the control of the Com- mission. With respect to the ordinary hours of work the award assigns to the same Board of Re- ference the power to vary the ordinary hours in any district but, pursuant to the provisions of section 89 of the Industrial Arbitration Act, any decision of that Board is subject to review by the Commission; and, of course, the determination of the hours of work and other related conditions of employment are within the jurisdiction and discretion of the Commission. In the absence of so much as one word to indicate that baking hours and working hours should be correlated and in the light of what I have just said, there is, in my opinion, simply no ground for saying that any principle of coincidence between working hours and baking hours in the country is supported or even implied by the provisions of section 14 of the Bread Act; and that conclusion is, I think, strengthened when it is observed that, in allowing the union of workers concerned a say in whether the times within which bread may be baked should be varied, the Legislature recognised that the workers might be affected by a change in baking hours. To put the matter quite shortly, if Parliament intended that baking hours and ordinary working hours should coincide it should have said so. It has not said so and it is not open to us to attribute to Parliament an intention that it has not expressed or clearly implied.


Quite apart from any legislative direction, however, I think the question should be asked whether the proposition that whenever baking hours are varied under the Bread Act a corresponding variation should be made in ordinary working hours under the award has such intrinsic merit that the Commission would be clearly wrong in not acting in accordance with it.

As I have said, baking hours may be varied in any district by agreement between the union and the employers in that district or by a decision of a Board of Reference and the same parties or the same Board of Reference may vary the ordinary working hours prescribed in the award. In practice, therefore, it seems likely that whenever baking hours are varied by those agencies ordinary working hours would also be varied and probably, though not necessarily, to the same extent. An examination of Board of Reference decisions since 1957 shows that the Board has directed it's mind in each case to the question whether a need exists for baking to commence at an earlier time and the underlying principle of those decisions appears to have been that where such a need exists the ordinary working hours should be adjusted accordingly. In broad terms that does not seem to me to be an unreasonable principle and if the Commissioner had ignored that principle there might be some reason to question his decision. But he plainly and expressly recognised that principle and, indeed, it forms the very ratio of his decision. Equally plainly, however, he did not consider that on the material before him he was justified in concluding that all country bakers throughout the State needed to commence work prior to 5 a.m. The material before the Commissioner included section 14 (6) (b) of the Bread Act, a notification published by the Minister pursuant to the exercise of his power under that section, and correspon- dence between the Chief Inspector of Factories and the union. Section 14 (6) (b) of the Bread Act is in these terms:—

(b) whenever in the opinion of the Minister any exceptional or unforeseen circumstances arise or are likely to arise at any particular time, the Minister may in his discretion grant authority to any person or persons to make or bake bread or Vienna bread for sale in any district or place on any day during such hours either in addition to or in substitution for the hours specified in this section and on such conditions as the Minister may determine in any particular case; and in that event the making or baking of bread or Vienna bread for sale during those additional or substituted hours and on the conditions imposed by the Minister shall not be a breach of this section;

The notification published by the Minister in the Government Gazette of the 5th April, 1968, is as follows:—

BREAD ACT, 1903-1966. I, Desmond Henry O'Neil, Minister for Labour pursuant to paragraph (b) of subsection (6) of section 14 of the Bread Act, 1903-1966, being of the opinion that unforeseen circumstances have arisen, do hereby grant authority for the making or baking of bread or Vienna Bread in that portion of the State to which that gection applies during the hours set forth in

the schedule hereto on the days set forth therein, in substitution for the hours specified in that section.

D. H. O'NEIL, Minister for Labour.

Schedule. Bread may be made or baked for sale be-

tween the hours of 3 a.m. and 8 p.m. The above substituted hours shall apply as

from the 29th March, 1968.

The letter (August 1967) from the Chief Inspector of Factories to the union was in these terms—

As a result of a wide survey of bakehouses in the country areas of the State and also in view of the agreements being made between Master Bakers in country districts and your organisation, it is evident that with the advent of greater demand for sliced and wrapped bread and transport changes, there is a general demand for a start of baking operations at an earlier time than the hour of 5 a.m. as set down in section 14 of the Bread Act.

The Country Bread Manufacturers agree with this view and the proposal is now being considered of advancing the time of commencement of baking in the country to 3 a.m.

In order that the views may be obtained of all parties involved in the proposed change and so allow full consideration be given to the matter, it will be appreciated if your organisation will give its views on the proposal.

The union's reply was as follows:— The question of the amendment to the Bread

Act to allow for a 3 a.m. start in country areas, was discussed by our Executive at its last meeting.

Whilst we feel that the best purposes of the industry can be served by individual applications for early starting times, I have been instructed to inform you that we would not raise any objections to the proposed earlier starting in the country,

The material set out above raises two questions that are relevant to this appeal. First, does the authorisation given by the Minister under section 14 (6) (b) of the Bread Act imply a finding by the Minister that all country bakers need to start baking before 5 a.m.? Secondly, if it does, is that finding binding on the Commission? It is convenient to answer the second question first and I have no hesitation in answering it in the negative. Whether it is "necessary" to start baking at a particular time is a matter of opinion and the fact that the Minister, for the purposes of the Bread Act, is entitled to form and give effect to his opinion on that matter does not oust the right of the Commission, for the quite different purposes of the Industrial Arbitration Act, to do likewise; and the fact that a Commissioner might come to a different conclusion than the Minister is no reason at all for substituting the Minister's opinion for that of the Commissioner. It is not a reason for making such a substitution partly because the formation of the respective opinions is directed to different matters—namely, baking hours of bakers on the one hand and ordinary working hours of workers on the other, but more importantly because of the difference in the conditions that govern the exercise of the Commission's jurisdiction and the


exercise of the Minister's power to authorise substituted or additional baking hours. The Minister's power depends upon his forming the opinion that exceptional or unforeseen circumstances have arisen or are likely to arise at any particular time. No criterion is laid down to guide the Minister in forming that opinion. The Commission, on the other hand, is, as I have already remarked, required to act according to equity, good conscience and the substantial merits of the case and to have regard for the interests of the persons immediately concerned and of the community as a whole. More- over, if the Commission proposes to take into consideration matters that have not been raised before it, it is required to give the parties an opportunity of being heard in relation to those matters. A Commissioner, in other words, has to form his opinion in the light of the matters that have, in one way or another, been raised in the proceedings before him and if he has bona fide applied himself to his task and, in the light of those matters, formed an honest opinion as to the manner in which his discretion should be exercised, it would be wholly wrong for him, and inconsistent with his duty, to adopt a different opinion formed, perhaps, on totally different considerations by the Minister. That being the case, it would be a strange circumstance indeed if the Commission in Court Session, on appeal, decided that the Commissioner should have done the very thing that it would have been wrong for him to do. The following passage from a decision of a Pull Bench of the Commonwealth Conciliation and Arbitration Com- mission in a recent case (C. No. 278 of 1968) is, I think, in point—

Before there can be any question of the substitution of the opinions of members of the appellate bench for those of the tribunal of first instance the latter must be shown to have been wrong.

I turn now to the question whether it is necessarily implied by the authority granted by the Minister that there is a need for all country bakers to commence baking prior to 5 a.m. It will be observed that the notification published in the Gazette does not, in terms, say that there is such a need nor does it say what the unforeseen circumstances were that led to the authorisation. In that regard, however, I think we may rely on the letter from the Chief Inspector to the union to draw the conclusion that the unforeseen circumstances were "the advent of greater demand for sliced and wrapped bread and transport changes." On what was before him, Mr. Commissioner Flanagan was certainly not entitled to draw any other conclusion and neither are we, but even if we accept, as I do, that a greater demand for sliced and wrapped bread and transport changes are factors that should be given proper weight in deciding whether earlier baking hours are needed, what evidence did the Commissioner have that those factors were affecting all country bakers or affecting any country bakers to an extent that would justify the prescription of a starting time as early as 3 a.m.? The simple and incontrovertible fact is that he had no such evidence at all and neither do we.

There are two other mattters that were raised during the appeal that deserve some mention. First, it was said that the provision claimed should have been allowed because a similar provision appears in the Bakers' (Metropolitan) Award. In that regard it is to be noted that although, with respect to metropolitan baking, the Bread Act has

contained, since at least 1937, a provision in terms virtually identical v/ith those that were inserted as section 14 (6) (b) in 1965, the provision referred to in the Metropohtan Award was not included in that award until 1962. It was, furthermore, included by consent and by way of a consent amendment to the issues before the Court and, so far as my reading reveals, no reason was given for its inclusion by either of the parties. From a quick survey of Government Gazettes since 1940 I gain the impression that authorisations by the Minister with respect to the metropolitan area were restricted both as to time and place and appear to have been given only to meet special circumstances occasioned by holiday periods, and it may be that the manner in which the Ministerial discretion had been exercised over a long period of time influenced the union in agreeing to the provision inserted in the award in 1962. Be that as it may, the difference in the circumstances in which that provision came to be inserted in that award and the circumstances surrounding the present application would have made it unwise to have simply accepted the existence of that provision in the 1962 award as a reason for including a similar provision in the award now before us.

Secondly it was said by the appellants that in 1965 Mr. Commissioner Flanagan had recognised the "legislative primacy of the Bread Act" and that, in using that expression, he had endorsed the principle pressed upon us by the appellants in these proceedings. An examination of the context in which the Commissioner used that expression shows quite clearly that the Commissioner was doing no more than stating the fact that an award could not be made by the Commission so as to prohibit work on days on which the Bread Act permitted work to be done, nor to permit baking to be done during hours within which the Bread Act prohibited baking. To take that statement of the law as premise for the conclusion that, whenever the Minister exercises his discretion under the Bread Act so as to vary the hours within which baking may be done, the Commission is bound to vary the ordinary working hours of baking employees, is a complete fallacy. The "principle" followed by the Commissioner in 1965 would only require a variation of the ordinary working hours prescribed under the award in a case in which the Minister exercised his discretion under the Bread Act in such a way as to prohibit baking within the ordinary hours so prescribed.

The Commissioner's decision reveals that he took into consideration all of the matters raised in the proceedings before him. His decision does not prevent employers in any district from obtaining approval for an earlier starting time for ordinary working hours where the need to do so can be shown. It does prevent employees from being required to start their ordinary hours at an earlier time if a true need does not exist. It does not reveal any of the defects alleged in the appellants' grounds of appeal and the other matters raised by them have, in my opinion, little if any substance. I am of the opinion that on the evidence and other matters before him it is not possible for us to say that the Commissioner's decision was wrong or unreasonable. I do say that, with the benefit of hindsight, although I agree with the principle on which the Commissioner's decision is founded, I would have adopted a different course, though not the one proposed by the appellants. But if the principles that the Commission has laid down to govern its appellate jurisdiction mean anything, they mean, in my view, that the decision in this


case should not be disturbed. It is for that reason that I have dealt with the issues raised here at some length. I would dismiss the appeal.

MR. COMMISSIONER CORT: This is an appeal from a decision of the Commission dated the 8th July, 1968 (48 W.A.I.G. 382) which dismissed an application to amend clause 7. Hours of the Bakers' (Country) Award No. 14A of 1963. The purpose of the application was to allow the ordinary hours of duty of a worker covered by the award to commence not earlier than 3.00 a.m. on each day and, if it had been granted, any time worked prior to 5.00 a.m. would have been paid for at the rate of time and a half by reason of subclause (2) of Clause 9. Special Rates of the award.

The industry of bread baking is controlled to a substantial degree by the Bread Act and thereunder the hours during which bread shall, or shall not, be made or baked for sale, are specified. When the Bakers' (Country) Award was issued in June, 1965 (45 W.A.I.G. 322) the relevant section of that Act (and the jurisdiction of the Commission) was discussed at some length. It was then said—

. . . the proposed hours clause has been drafted in a form that will not be in conflict with the provisions of the Bread Act . . .

In June, 1965, the Bread Act in respect of baking hours in the country areas of the State provided, inter alia, as follows:—

14. (2) No person exercising or employed in the trade or calling of a baker shall make or bake bread for sale between the hours of 8 p.m. on any one day and 5 a.m. on the next following day:

Provided that . . . (4) Provided that all or any hours herein-

before prescribed or fixed for the making or baking of bread or sale or delivery of bread may be varied within any district to which this section applies, provided any variation in such hours are mutually agreed upon between the employers engaged in the baking industry in such district and the industrial union of workers operating in the baking industry therein. Failing an agreement being arrived at by such parties then such employers or union of workers may apply to a board of reference under the provisions of the Industrial Arbitration Act for the time being in force, whose decision shall be final.

so that bread could not be baked before 5.00 a.m. on a day unless the employers in a district and the union agreed that work should start before that time or, failing agreement, a Board of Reference so determined.

At that time the award prescribed—

7.—Hour's. (3) Subject as hereinafter provided, the

ordinary hours of work shall be performed between 5 a.m. and 8 p.m., Monday to Saturday inclusive. This subclause shall not apply to workers making doughs.

(4) (a) The times as prescribed in subclause (3) hereof may be varied in any municipal district, provided that such times are agreed upon between the union and the employers within that district and failing agreement between the parties concerned, either of the parties may apply to a Board of Reference to vary the times so prescribed.

so the award fixed the ordinary hours of duty of workers in line with the hours of baking permitted by the Bread Act. Next the rates to be paid for work in ordinary hours are set out in Clause 8. Wages but only in respect of work carried out between 5.00 a.m. and 8 p.m. in that Clause 9. Special Rates prescribes a higher rate for work performed before 5.00 a.m. pursuant to subclause (4) of clause 7. Hours. Subclause (2) of clause 9 reads—

Workers including apprentices who are required to work, pursuant to clause 7 (4) (a), on any shift commencing between midnight and 5 a.m. on Monday to Friday inclusive shall be paid for all ordinary time so worked between those hours, at the rate of time and a half.

It will be seen that under the Act bread could not be baked before 5.00 a.m. except in certain circumstances and under the award work performed before 5.00 a.m. in those circumstances still formed part of the ordinary hours of duty but was paid for at the rate of time and a half.

To interpolate the Bread Act fixes the hours during which work may be performed. In the general sense an award of the Commission fixes the hours during which a worker is to carry out his ordinary day's work, in that work performed outside those hours must be paid for at overtime rates. However, in the bread industry, in country areas, the 1965 award recognised the baking hours under the Bread Act as being the ordinary hours of duty. In other words work allowed by the Bread Act, being that which was considered necessary as a normal incident of the industry, was recognised as work which should fall within the ordinary hours of duty of a baker. (It is usual for the hours in an award to be fixed on such a principle, refer, for example, to 29 W.A.I.G. 320 and 452 and 45 W.A.I.G. 52.) Next in the bread industry the need for uniformity between ordinary working hours under an award and baking hours under the Act has been long recognised. Finally under an award the rate prescribed is generally higher than the usual when the ordinary hours are different from the normal hours of "day workers".

In late 1965 Section 14 of the Bread Act was amended and subsection (6) was added thereto in the following terms:—

6 (a) ... (b) whenever in the opinion of the Minister

any exceptional or unforeseen circumstances arise or are likely to arise at any particular time, the Minister may in his discretion grant authority to any person or persons to make or bake bread or Vienna bread for sale in any district or place on any day during such hours either in addition to or in substitution for the hours specified in this section and on such conditions as the Minister may determine in any particular case; and in that event the making or baking of bread or Vienna bread for sale during those additional or substituted hours and on the conditions imposed by the Min- ister shall not be a breach of this section;

(c) ... and the application dismissed by the Commission was directed towards amending subclause (4) of clause 7. Hours to include therein any declaration by the Minister under the aforementioned subsection (6) of Section 14. If the application had been

30 October, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

granted a declaration by the Minister would have been treated in the same manner as an agreement between employers and the union or a determination of the Board of Reference.

In the Government Gazette of the 5th April, 1968, notification was given of a declaration of the Min- ister and thereunder bread may now be baked between 3.00 a.m. and 8.00 p.m. Before this declaration was made the view of the union was sought and the Secretary of that body advised as follows:—

Whilst we feel that the best purposes of the industry can be served by individual applications for early starting times, I have been instructed to inform you that we would not raise any objections to the proposed earlier starting in the country.

but, notwithstanding that view, in the proceedings before the Commission the union—

... objected to the claim, contending that because an employer previously was required to satisfy the union and if necessary the Board of Reference of good and sufficient reasons to justify an earlier start, he should not now be relieved of this obligation merely because he is now permitted, by authority of the Minister, to commence baking operations at an earlier time than was previously prescribed. (48 W.A.I.G. 382 at 383.)

In the circumstances this stated objection is difficult to follow but it may be said that it was accepted by the Commission. The declaration of the Minister made, in my opinion, with the acqui- escence of the union permits work to commence at 3.00 a.m. whether or not under clause 7 (4) of the award the parties agree that there is good and sufficient reason to justify an early start or the Board of Reference so determines. To that extent an employer need not persuade the union or the Board of Reference that baking should commence prior to 5.00 a.m., that is, of course, as long as the work is not started before 3.00 a.m.

The April 1968 declaration of the Minister intro- duced a different circumstance under which the Act permits baking to be performed before 5.00 a.m. and that circumstance, together with an agreement with the union or a determination of the Board, is concerned with whether baking should start before that time and not with the rate of pay to be paid for work performed. That rate is fixed by the Commission which to all intents and purposes has said that a worker who is incon- venienced by being required to start work before 5.00 a.m. should be paid for the time involved at the rate of time and a half. The effect of the decision under appeal is that time worked before 5.00 a.m. by reason of the declaration would be overtime to be paid for in addition to a worker's ordinary week's wages and if baking commenced at 3.00 a.m. on six days of the week a worker would be entitled to fifty-eight hours pay for forty hours work. On the other hand if, under an agreement with the union or a determination of the Board of Reference, baking was so performed the entitle- ment would be for only forty-five hours pay.

I fail to see the reason for this difference of thir- teen hours in the rate to be paid. To use the words of Pellew J. of the South Australian Indus- trial Court—"It appears that here is an attempt to prohibit or virtually prohibit any work in this industry prior to . . . and I think this Court would be failing in its duty if it, . . . prescribed a rate of pay which seems to be fixed and designed for

the express purpose of a prohibition of work" (31 S.A.I.R. 235 at p. 246). The circumstances of that case were different to those at present under dis- cussion and the level of an overtime rate was then being considered but in view of the provisions of the Bread Act and the award those words seem appropriate.

It is also relevant that under the Bakers (Metro- politan) Award work performed by permission of the Minister under Section 12 (6) of the Bread Act before the prescribed starting time is deemed to be part of the ordinary hours of duty and is paid for at the rate of time and a half. Under Section 12 the hours fixed by the Commission as the ordinary working hours of bakers become the baking hours under the Act but a declaration of the Minister "over-rides" those hours and the award recognises that fact by prescribing that those hours become the worker's ordinary hours. A penalty rate is paid for the inconvenience suffered by a worker but that rate is not an overtime one. ^

In this respect an extract from the 1965 decision in relation to special rates is of interest—

To ensure that bakers in country areas will receive approximately the same wages as their metropolitan counterparts whilst working on earlier starting times than those prescribed, additional rates have been prescribed for work performed in ordinary hours between midnight and 5 a.m. The principle of a penalty rate of time and a half which is to be paid to workers called upon to work outside the prescribed hours, is consistent with the provisions of clause 7 (e) of the existing award, which pur- ports to regulate the conditions to apply when rebuilding operations or alterations of plant are in progress. However, it should be noted that the existing provision has not been included in the proposed award as it is in conflict with the provisions of the Bread Act, in that the qualifying provisions of the said Act, in respect of hours, do not allow of a variation to be made to meet the exigencies envisaged in clause 7 (e). (In the issued award clause 7 (e) appeared as clause 9 (2).)

The legislature requires that in country areas of the State, bread should not be baked before 5.00 a.m. unless the union agrees or the Board of Refer- ence determines or the Minister declares otherwise. The circumstances which may cause the union to so agree or the Board to so determine or the Minis- ter to so declare may and, in all probability, would differ but those circumstances should not involve rates of pay and I would not place the reason for a Ministerial Declaration on a different level to that of, say, a Board of Reference determination. In other words, if it is proper, and I think it is, that a worker's ordinary working hours should be identical with the baking hours permitted by the Act then this should be so in all respects. Furthermore, I see no reason for the awards of the Commission to treat a Ministerial Direction under Section 14 of the Bread Act on a different basis to one under Section 12 and in each instance I feel that the baking hours prescribed under the Act and the ordinary hours of duty of any worker employed to carry out that baking should not be in conflict.

Finally if the union truly considers that the Minister acted on a wrong assumption, as has been suggested, then the proper course is to seek an alteration to the declaration rather than for the

614

union or the Board of Reference to sit to determine whether in any district there is a compelling reason for baking to commence before 5.00 a.m.

I would uphold the appeal. MR. COMMISSIONER O'SULLIVAN: The

decision of the Commission in Court Session is accordingly that the appeal be dismissed.

Decision accordingly.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION.

No. 249 of 1968. Between Acme Bakery and another. Appellants, and

West Australian Operative Bakers' Union of Workers, Respondent.

HAVING heard Mr. D. L. Hosking on behalf of the appellants and Mr. J. E. Skidmore on behalf of the respondent, in the matter of an appeal against the decision of Mr. Commissioner J. R. Flanagan relating to an application to amend clause 7 of the Bakers' (Country) Award No. 14A of 1963, given on the 8th day of July, 1968, the Commission in Court Session, in pursuance of the powers contained in section 108C of the Industrial Arbitration Act, 1912-1966, doth hereby order—

That the appeal herein be dismissed. Dated at Perth this 17th day of October, 1968.

By the Commission in Court Session, (Sgd.) B. M. O'SULLIVAN,

[L.S.] Commissioner.

AWARDS - Delivered

CLERKS. (Commercial, Social and Professional Services).


NO. 14 of 1968. Between Federated Clerks' Union of Australia In-

dustrial Union of Workers, W.A. Branch, Applicant, and H.P.C. Pty. Ltd. and others as per schedule attached, Respondents.

COMMISSIONER E. R. KELLY, in pursuance of the powers and jurisdiction conferred upon him by section 50 of the Industrial Arbitration Act, 1912- 1966, and in pursuance of an allocation to him under section 54 of the said Act, doth hereby make the following award in connection with the abovenamed parties.

Award. 1.—Title.

This award shall be known as the "Clerks (Com- mercial, Social and Professional Services) Award 1968".

2.—Arrangement. 1. Title. 2. Arrangement. 2A. Special Loading, 3. Area. 4. Scope. 5. Term. 6. Hours. 7. Overtime,

8. Rates of Pay. 9. Holidays.

10. Annual Leave. 11. Sick Leave. 12. Contract of Service. 13. Meal Allowance. 14. Certificate of Service. 15. Record. 16. Board of Reference. 17. Mixed Functions. 18. General. 19. Preference to Unionists.* 20. Long Service Leave. 21. Right of Entry. 22. Aged and Infirm Workers. 23. Certificate of Age. 24. Saturday Work. 25. Travelling Time. 26. Definitions. 27. District Allowance. 28. Union Notices. 29. Uniforms. * Denotes disputed clause.

2A.—Special Loading. (1) Each ordinary wage rate prescribed elsewhere

herein shall be increased:— (a) by sixty cents per week if it is eaual to or

greater than the basic wage for males or, as the case may be, the basic wage for females; and

(b) in all other cases by an amount which bears the same relationship to sixty cents as the ordinary wage rate bears to the basic wage for males or, as the case may be, the basic wage for females.

(2) For the purposes of subclause (1) of this clause and to give effect thereto wherever a basic wage is prescribed herein it shall be deemed to be increased by sixty cents per week.

3.—Area. This award shall operate within the State of

Western Australia excepting that portion of the State within the 20th or 26th parallel of Latitude and the 125th and 129th meridian of Longitude.

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

as clerks (including telephone attendants and messengers where such workers do clerical work) in establishments as carried on by the respondents engaged in the industries shown.

It shall not apply to workers covered by the Clerks (Wholesale and Retail Establishments) Award No. 38 of 1947 as amended or the Dental Technicians and Attendants—Receptionists Award No. 42 of 1965 as amended.

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

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

6.—Hours. (1) The ordinary hours of duty shall not exceed

forty in any one week to be worked in a five or five and a half day week at the option of the employer. The spread of hours shall be between 7.0Q a.m, and 6.00 p.m.

615

(2) The lunch period shall be taken at a time mutually arranged between the employer and the worker between the hours of 12 noon and 2.00 p.m. One full hour for lunch shall be allowed provided that where the employer and the union agree a lesser period may be taken.

(3) In the week commencing on Monday immediately preceding Easter Day the week's work in ordinary hours shall be thirty two hours on the basis of eight hours each Monday to Thursday inclusive without thereby making the employer liable for payment of overtime by reason of the fact that in a pay week of which any part of such period forms a part the ordinary hours exceed forty.

7.—Overtime. (1) All time worked in excess of eight hours in

any one day or outside the spread of hours referred to in clause 6 (1) hereof shall be paid for at the rate of time and one half for the first two hours and at the rate of double time thereafter.

(2) Where a worker is required by the employer to work through the meal break as provided in clause 6 (2) overtime rates shall be paid until the meal period is allowed.

(3) All time worked on Sundays and on any of the holidays prescribed by this award shall be paid for at the rate of double time.

(4) In the computation of overtime each day shall stand by itself.

(5) (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) No organisation, party to this award or worker or workers covered by this award shall in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

(6) Any clerk in receipt of a salary at the rate of $104 per annum or more in excess of the rate herein prescribed for a senior clerk shall not be entitled to payment of overtime rates for any overtime worked.

8.—Rates of Pay. 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 Adult females 25.13

(2) Junior males (per cent, of male basic wage per week): %

Under 16 years of age 47.5 Between 16 and 17 years of age 55.0

Between 17 and 18 years of age .... 65.0 Between 18 and 19 years of age .... 77.5 Between 19 and 20 years of age .... 90.0 Between 20 and 21 years o| age .... 99.5

+ 0.99c. (3) Adult males (Margin over male basic

wage per week): $ At 21 year's of age 5.35 At 22 years of age 7.55 At 23 years of age 9.75 At 24 years of age 10.90 At 25 years of age and over .... U.90

(4) Junior females (per cent, of female basic wage per week): %

Between 15 and 16 years of age .... 50.0 Between 16 and 17 years of age .... 60.0 Between 17 and 18 years of age .... 70.0 Between 18 and 19 years of age .... 82.5 Between 19 and 20 years of age ... 95.0 Between 20 and 21 years of age .... 99,5

+ 0.75e. Junior female stenographers, comp-

tometer or calculating or ledger- machine operators shall receive in addition to the above rates:—

At 18 years of age—30 cents per week.



(5) Adult females (Margin over female basic wage per week): $

At 21 years of age 6.50 At 22 years of age 7.00 At 23 years of age and over .... 7.50

Adult female stenographers, com- tometer or calculating or ledger machine operators shall receive seventy-five cents per week in addition to the above rates.

(6) Senior clerks (classified as such by agreement or in default of agreement by the Board of Reference) $14.65 margin per week

(7) Female ledger keepers (classified as such by agreement or in default of agreement by the Board of Reference) shall receive the prescribed male rate.

(8) Casual clerks may be employed at an hourly rate for a lesser period than two weeks and shall be paid while so employed twenty-five per cent, in addition to the rates prescribed above, with a minimum engagement of four hours: Provided that notwithstanding anything contained in this subclause the basis and terms of employment of casual clerks may be varied in any particular case by agreement in writing between the employer and the union.

(9) (a) Part time workers may be employed following notification by the employer to the union, at an hourly rate for a lesser period per week than the hours usually worked in each establishment.

(b) Payment for annual leave and sick pay, for part time workers, shall be strictly related proportionately in accordance with the number of hours worked, to the conditions prescribed in each establishment for full time workers.

(10) It is hereby expressly agreed and declared that the rates prescribed herein by this amendment for junior and adult females have been arrived at without regard for the skill involved or the nature of the work performed and cannot be compared as between themselves or with the rates of pay prescribed in this award for males or with the rates of pay prescribed in any other award,


9.—Holidays. (1) The following days or the days observed in

lieu shall subject to clause 7 and subject as hereinafter provided be allowed as holidays without deduction of pay, namely New Year's Day, Aus- tralia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Pro- vided 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 such holiday shall be observed on the next succeeding Tuesday: in each case the substituted day shall be deemed a holiday without deduction of pay in lieu of the day for which it is substituted.

(3) 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.

(4) The provisions of this clause shall not apply to casual workers.

10.^—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 by his employer after a period of twelve months' continuous service with that employer.

(2) 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.

(3) If, after one month's continuous service in any qaulifying twelve monthly period, a worker lawfully 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.

(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 as prescribed by this award shall not count for the purpose of determining his right to annual leave.

(5) 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 (3) 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.

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

(7) 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.

(8) Notwithstanding the provisions of this clause 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.


(10) No worker shall be required to go on holidays unless at least two weeks' prior notice is given. The employer shall, as far as practicable, arrange to grant annual leave to suit the convenience of the worker.

11.—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 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. Provided further that, notwithstanding anything contained in this subclause, if the full period of sick leave as prescribed is not taken in any year, such portion as is not taken shall be cumulative from year to year up to a period not exceeding three weeks.

(2) A worker shall not be entitled to receive any wages from his employer 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 his employer of sickness but the employer shall not be entitled to a medical certificate unless the absence is for three days or more.

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


12.—Contract of Service. The employment of any worker other than a

casual shall be terminable by one week's notice on either side. If such notice is not given one week's wages shall be paid or forfeited as the case may be. Provided that a worker may be summarily dismissed for gross misconduct in which case he shall be paid up to the time of dismissal only.

13.—Meal Allowance. In addition to the overtime prescribed in clause

7 a meal allowance of sixty five cents shall be paid to each worker in the following circumstances:—

(a) If the worker is required to continue working after 6 p.m. on any day of the week from Monday to Friday inclusive, or after 1 p.m. on the day on which the weekly half holiday is observed.

(b) If the worker is required to work until after 1 p.m. on a Sunday or any holiday, prescribed under this award.


14.—Certificate of Service. On the termination of service a worker shall, on

request, be given a Certificate setting out the length of service and the duties performed.

15.—Record. A record shall be kept in each establishment by

the employer, wherein shall be entered— (a) the name and address of each worker; (b) the age of each worker if under twenty-

five years of age in the case of a male worker, and twenty-three years of age in the case of a female worker;

(c) the nature of the work performed by the worker;

(d) the wages and the overtime (if any) paid each week and such record shall, if correct, be signed at least once weekly by the worker.

Such record shall be open to the inspection of a duly accredited representative of the union during usual business hours.

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

purpose of this award a Board of Reference consisting 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 to the function of allowing, approving, fixing, determining or dealing with any matters 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.

17.—Mixed Functions. A worker relieving another worker who is en-

gaged on a higher class of work carrying a higher minimum rate of pay for a period of not less than one week continuously shall be paid the higher minimum rate appropriate to the position whilst so employed.

18.—General. (1) In the event of the death of a worker the

cash equivalent of all annual leave due at the time of death shall be paid to the worker's dependants or personal representative.

(2) No worker shall as a result of the operation of this award suffer any loss of salary which he or she may have enjoyed to the date of this award.

(3) In any week where a worker requests he shall be supplied with the details of the amount of the ordinary wages due, the overtime and of all deductions made from the gross earnings.

19.—Preference to Unionists. (1) For the purpose of this clause the term

"worker" does not include— (a) a male worker in receipt of a weekly rate

of wage which exceeds the weekly rate of wage prescribed by this award for the classification contained in subclause (6) of clause 8, namely "Senior Clerks" with the addition of fifteen per centum; or

(b) a female worker in receipt of a weekly rate of wage which exceeds the maximum weekly rate of wage prescribed in subclause (5) of clause 8 with the addition of fifteen per centum and the provisions of this clause shall not apply to such male or female workers.

(2) In this clause the term "unionist" means a worker who is a financial member of the industrial union of workers party to this award.

(3) Any worker whose application for membership of the union has been refused shall have the right of appeal to the Registrar whose decision on such matter shall be final. Such worker who has exercised his right of appeal shall pending the decision of the 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 applicant union, apply in the prescribed manner for membership and if accepted as a member maintain financial membership whilst employed by a respondent to this award. Workers who are unfinancial members of the industrial union of workers party to this award shall become and maintain financial membership whilst employed by a respondent to this award.

(5) Subclause (4) 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.

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

Volume 44 of the Western Australian Industrial Gazette at pages 606 to 612 both inclusive are hereby incorporated in and shall be deemed to be part of this award except that the date of 1st April, 1958 in paragraph (2) of subclause (2) Is to be amended to read 24th December, 1958.

21.—Right of Entry. A duly accredited representative of the union

shall be permitted to interview any worker on legi- timate union business on the business premises of his employer during the recognised meal hour of the worker with the permission of his employer (which permission shall not be unreasonably with- held) but this permission shall not be exercised more than once in any one week without the eon- sent of the employer.

22.—Aged and Infirm 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 Re- ference for determination.

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

23.—Certificate of Age. Male workers twenty-five years of age and under,

and female workers twenty-three years of age and under, upon being engaged shall if requested furnish the employer with a certificate showing the following particulars:—

(a) name in full, fb) date of birth. (c) name of each previous employer; and (d) class of work performed for each previous

employer. No worker shall have any claim upon an em-

ployer for additional wages in the event of any of the above particulars being wrongly stated on the certificate. If any worker shall wilfully mis-state his age in the certificate then he alone shall be guilty of a breach of this award.

24.—Saturday Work. Any work performed as part of the ordinary

weekly hours of duty on a Saturday before twelve noon shall be paid for at the rate of time and a quarter.

25.—Travelling Time. (1) When a worker is required to work tem-

porarily at a location other than his usual place of duty, any excess fare over that which he normally incurs shall be paid by the employer.

(2) When a worker is engaged at such a distance that he cannot return at night, suitable board and lodging shall be found at the employer's expense.

(3) All travelling time outside ordinary working hours shall be paid for at ordinary rates up to a maximum of twelve hours in any twenty-four hours' period from the time of starting on the journey: Provided that when the travelling is by coastal boat not more than eight hours shall be paid for in any such period.

26.—Definitions. "Adult" means a worker twenty-one years of age

and over, or a worker who is in receipt of the prescribed adult rate of pay.

27.—District Allowance. (1) In addition to the wages prescribed in this

award, allowances shall, subject to the provisions of sub-clause (3) of this clause, be paid at the rates set out below, to workers employed in the following areas:—

Boundary of Districts and Allowances per week: $

(a) The area within the State for which an allowance is not provided for hereafter and including that area within a radius of 10 miles of Kal- goorlie, Boulder and Southern Cross Nil

(b) The area within the following districts except that area situated within a radius of 10 miles of Kal- gorlie, Boulder and Southern Cross:

$ Carrabin and Bullfinch to South-

ern Cross 0.52 Southern Cross and eastward to

Kanowna 0.52 Coolgardie to Salmon Gums .... 0.52 Southward of Salmon Gums to

Esperance 0.23 Northward of the Kalgoorlie

radius 0.70 Wurarga and eastward and north-

ward thereof to Meekatharra .... 0.70 Hopetoun-Ravensthorpe 0.70

(c) The area within the following districts:

Three miles eastwards of Meeka- tharra to Wiluna 1.05

(d) The area within a line commencing on the coast at lat. 24 deg.; thence east to the South Australian border- thence south to the coast; thence along the coast to long. 123 deg.; thence north to the intersection of lat. 26 deg.; thence west along lat. 26 deg. to the coast 3.00

(e) That area of the State situated between lat. 24 deg. and a line running east from Carnot Bay to the South Australian Border 6.00

(f) That area of the State north of a line running east from Carnot Bay to the South Australian border .... 7.00

(2) The above allowances cover a week, whether of five, six or seven days. For periods of less than five days, one-seventh of the above shall be payable for each day or part thereof, but a worker who has worked at least one-half of a week shall be given the benefit of Sunday in the calculation of district allowances.

(3) Workers living in messes provided by the employer or who are otherwise provided with free board and lodging shall be paid half the rates prescribed in subclause (1).

28.—Union Notices. The employer shall if requested, provide a Notice

Board where the Union may place a copy of this award. Notices may be displayed by the union only with the employers approval.

29.—Uniforms. Where uniforms are required to be worn they

shall be supplied by the employer.

In witness whereof this award has been signed by the said Commissioner this 11th day of October, 1968.

(Sgd.) E. R. KELLY, [L.S.] Commissioner.

Schedule of Respondents. Aerial Spray Contractors:

Doggett Aviation & Engineering Co. Pty. Ltd., Jandakot.

Air-Culture Pty. Ltd., Aerodrome, Jandakot. Aerial Hire Services:

Civil Flying Services (W.A.) Pty. Ltd., Janda- kot Airport, Jandakot.


Advertising Agents and Contractors: Pink Pages Publicity, 22 Howard Street,

Perth. Richardson Cox Pty. Ltd, 123a St. George's

Terrace, Perth. United Commercial Services Pty. Ltd., 157

Eleanor Street, Geraldton. Agents—Travel and Booking:

Boans Ltd., Murray Street, Perth. T. Stodart & Co., 84 Maritana Street, Kal-

goorlie. Analysts:

Cavanagh & Inman, 168 Adelaide Terrace, Perth.

Mining & Agricultural Laboratories, 17 For- rest Avenue, East Perth.

Armoured Escorts: Perth Armoured Transport Pty. Ltd., 113

Rokeby Road, Subiaco. Mayne Nickless Ltd., 588 Hay Street, Subiaco.

Archtects and Draughtsmen: L. W. Buckeridge & Associates Pty. Ltd., 30

Ord Street, West Perth. Allied Planning & Drafting Services, 9 Vent-

nor Avenue, West Perth. Hobbs, Winning & Leighton, 262 York Street,

Albany. Associates and Societies:

Returned Services League, Anzac House, 30a St. George's Terrace, Perth.

Red Cross Society (W.A. Division), 357 Mur- ray Street, Perth.

St. John Ambulance Association, 298 Wel- lington Street, Perth.

Swan View Agricultural Society, Talbot Road, Swan View.

Beauty Salons: Sam Rifici Ladies Hair Stylist, 138 Murray

Street, Perth. Continental Salon, 197 York Street, Albany.

Brokers—Mortgage: Leslie Burridge & Son, 179 St. George's Ter-

race, Perth. H. L. & H. R. Holland, 21 Ord Street, West

Perth. Brokers—Stock and Shares:

A. C. Goode & Co., T. & G. Building, 37 St. George's Terrace, Perth.

A. G. Saw & Co., W.A. Trustee Building, 135 St. George's Terrace, Perth.

Builders: A. T. Brine & Sons Pty. Ltd., 295 James

Street, Perth. Collier Constructions Pty. Ltd., 196 Campbell

Street, Belmont. Albany Building Centre, Cnr. Park Road &

Knight Street, Albany. Building Advisory Service:

Western Home Building Information & Exhibi- tion Centre, 8 Milligan Street, Perth.

J. Gardiner & Associates, 392 The Strand, Dianella.

Building Societies: Perth Building Society, 68 St. George's Ter-

race, Perth. Albany Building Society, 77 Albany High-

way, Albany. Business Consultants:

Ellis & Associates Pty. Ltd., 17 Walker Avenue, West Perth.

Motivation Methods (International), 664a Murray Street, West Perth.

Calculating Services: Adept Secretarial Services, 106 Murray Street,

Chemists—Consulting and Industrial: Steel and Cavanagh, 168 Adelaide Terrace,

East Perth. Mining & Agricultural Laboratories, 17 For-

rest Avenue, East Perth. Chiropractors:

Barry T. McNamara, 26 Colin Street, West Perth.

Baran's Chiropractic Clinic, 269 Middleton Road, Albany.

Churches: Methodist Church Office, 97 William Street,

Perth. Catholic Church Office, Victoria Square,

Perth. Commercial Colleges:

City Commercial College, 713 Hay Street, Perth.

Underwood Business College Pty. Ltd., 890 Hay Street, Perth.

Contractors (Boring): Westphal Bros. & Co., 83-87 Abernethy

Road, Belmont. P. A. J. & L. J. Rond, 75 Station Street,

Gosnells. Contractors (Earthmoving):

Caratti Bulldozing Co. Pty. Ltd., Box 30, Post Office, Guildford.

Balcatta Hirings Pty. Ltd., 197 Lake Street, Perth.

Walmsley & Martin Pty. Ltd., 436 Albany Highway, Albany.

Contractors (Paving): Hot Mix Ltd., 143 Great Eastern Highway,

Belmont. The Ready Mix Group (W.A.), Trafalgar

Road, East Perth. Copying Machine Hirers:

Rank Xerox (Australia) Ltd., 10 Victoria Avenue, Perth.

Dentists: Metropolitan Dental Co., 790 Hay Street, Perth. R. C. Cockerill, St. George's Building, Marine

Terrace, Geraldton. Doctors:

Dr. A. T. H. Jolly, 275 Great Eastern Highway, Midland.

Dr. A. J. Beaumont, 228 Lester Avenue, Geraldton.

Drum Reconditioning Services: Re-Nu Drum Services, Cockbum Road, South

Fremantle. Fremantle Drum Company Pty. Ltd., McCabe

Street, North Fremantle. Dry Cleaners:

Ad Astra Pty. Ltd., 106 Cambridge Street, West Leederville.

Geraldton Dry Cleaners, 247 Marine Terrace, Geraldton.

Employment Agencies: Manpower (Australia) Pty. Ltd., 35 Barrack

Street, Perth. Hotel Service Bureau, 115 St. George's Terrace,

Perth. Electrical Contractors:

P. R. Allen Pty. Ltd., 908 Beaufort Street, Inglewood.

J. M. Miragliotta, 65 Francis Street, Geraldton.


Engineers—Designing: Warman Equipment W.A. Pty. Ltd., 171 St.

George's Terrace, Perth. Dravo Pty. Ltd., 30 Ord Street, West Perth.

Engineers—Civil: J. O. Clough & Sons Pty. Ltd., 24 Mount Street,

Perth. Utah Construction & Mining Co., 170 Stirling

Highway, Claremont. Friendly Societies:

Manchester Unity Independent Order of Odd- fellows Friendly Society in W.A., 483 Hay Street, Perth.

Grand United Order of Free Gardeners Friendly Society, Porter Street, Kalgoorlie.

Funeral Directors: Bowra & O'Dea, 68 Stirling Street, Perth. H. C. Prior & Son, 69 Grey Street, Albany.

Hotel & Business Brokers: Clive B. Backhouse, 18 Dumfries Road, Floreat

Park. Perth Business Brokers, 664a Murray Street,

West Perth. Laundries:

Monarch Laundry Pty. Ltd., 631 Newcastle Street, Leederville.

Acme Albany Laundry, 17 Albany Highway, Albany.

Machinery Hire Service: O'Connor Crane Service, 19 Twickenham

Street, Victoria Park. Whippett Hire Cranes (W. P. Thomas), 44

John Street, Bentley. Opticians:

Elliott and Eliott Pty. Ltd., 12 Piccadilly Arcade, Perth.

Laubman & Pank (W.A.) Pty. Ltd., 77 Barrack Street, Perth.

Painters and Decorators: D. C. Perrott & Son Pty. Ltd., 263 Hay Street,

Subiaco. Wood & Son, 268 Charles Street, North Perth.

Panel Beaters: John & McAulifle (1957) Pty. Ltd., 42 Claise-

brook Road, East Perth. M. Malone, 491 and 501 Murray Street, Perth.

Pest Control: H. P. C. Pty. Ltd., 47 Great Eastern Highway,

Victoria Park. David Gray & Co. Ltd., 10 Railway Parade,

West Perth. Photographers:

Webb and Webb, 616 Hay Street, Perth. Art Photo Engravers, 11 James Street, East

Perth. Plan Printers:

Crosby Sensitizing Pty. Ltd., 610 Murray Street, Perth.

Harding and Halden Pty. Ltd., 612 Wellington Street, Perth.

Private Inquiry agents: Sleep & Northcott Investigations, 144a William

Street, Perth. Blights' Investigations, 30 Esplanade, Perth.

Public Relations Consultants: Eric White Associates (W.A.) Pty. Ltd., 214

St. George's Terrace, Perth. John Hallock Pty. Ltd., 214 George's Terrace,

Perth.

Secretarial Service of W.A.: Hodgkinson's Secretarial Service, 312 William

Street, Perth. Edna Spark & Co., 3 C.M.L. Building, 55 St.

George's Terrace, Perth. Silk Screen Processors:

Modern Sign Co. Pty. Ltd., Corner Reserve Street and Herdsman Parade, Wembley.

Silkscreen Arts, 34 King Street, Perth. Telephone Hygiene Service:

Telephone Cleaning Service (W.A.) 38 Parlia- ment Place, West Perth.

Television Installers: Hills Distributors Pty. Ltd. 448 Lord Street,

Mt. Lawley. Television Repairs and Service:

Dickson Primer Television Services (W.A.) Pty. Ltd., 281 Newcastle Street, Perth.

E.I.L. Service Pty. Ltd., 181 Spencer Street, Bunbury.

Vehicle Parking: Canterbury Court Self Car Park, James Street,

Perth.

ENGINE-DRIVERS. (Nickel Mining.)


No. 37 of 1968. Between Western Mining Corporation Limited,

Applicant, and the Federated Engine Drivers' and Firemen's Union of Workers of Western Australia, Respondent.

WHEREAS an industrial dispute existed between the abovenamed parties, and whereas the said dispute was referred to The Western Australian Industrial Commission for the purpose of hearing and determination, and whereas the said reference of industrial dispute was allocated pursuant to section 54 of the Industrial Arbitration Act, 1912-1966, to Commissioner D. E. Cort, and whereas the parties subsequently met and conferred and have arrived at agreement on all matters in difference, and whereas the parties have this day appeared before the said Commissioner by their respective representatives and requested the said Commissioner to make the said agreement an award of the Commission: Now, therefore, the said Commissioner, pursuant to section 65 of the said Act and all other powers therein enabling him, hereby declares the memorandum hereunder written to have the same effect as and be deemed an award of the Commission.

Memorandum of Agreement. (Note: Wherever the word "award" occurs

herein, it shall be taken to mean and include "agreement").

1.—Title. This award shall be known as the Engine Drivers'

(Nickel Mining) Award, 1968.

2.—Arrangement. 1. Title. 2. Arrangement. 2A. Special Loading. 3. Term. 4. Area and Scope. 5. Rates of Wages.

30 October, 1968.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 021

6. Hours (Other than Continuous Shift Workers).

7. Overtime (Other than Continuous Shift Workers).

8. Continuous Shift Workers. 9. Rest Period—Overtime.

10. Shift Work. 11. Payment for Sickness. 12. Wet Places. 13. Holidays. 14. Annual Leave. 15. Casual Workers. 16. Free Water. 17. Drinking Water. 18. Mixed Functions. 19. Change Rooms. 20. Reduction of Hands. 21. Accident Pay. 22. Full Payment of Shift. 23. Payment of Wages. 24. Ventilation. 25. First Aid. 26. Resumption of Work after Annual Leave. 27. Aged and Infirm Workers. 28. Board of Reference. 29. Protective Colthing. 30. Preference. 31. Representative Interviewing Workers. 32. Recognised Crib Places. 33. Record. 34. Inspections. 35. Re-employment after Accident. 36. Long Service Leave. 37. District Allowances. 38. Maximum Rate. 39. Relieving Engine Drivers. 40. Dirty Work. 41. Piece Work.

Schedule 1—Margins. Schedule 2—District Allowance.

2A.—Special Loading. (1) Each ordinary wage rate prescribed else-

where herein shall be increased— (a) by 60 cents per week if it is equal to or

greater than the basic wage for males; and

(b) in all other cases by an amount which bears the same relationship to 60 cents as the ordinary wage rate bears to the basic wage for males.

(2) For the purposes of subclause (1) of this clause and to give effect thereto, wherever a basic wage is prescribed herein it shall be deemed to be increased by 60 cents per week.


one year from the date hereof.

4.—Area and Scope. This award shall apply to the nickel mining in-

dustry and shall operate over the Yilgarn, Cool- gardie, Broad Arrow, Dundas, Phillips River, East Coolgardie, North Coolgardie, North-East Cool- gardie, Mt. Margaret, East Murchison, Murchison, Yalgoo, Peak Hill, and Gascoyne, and the area outside those nickel fields in Western Australia comprised within the 14th and 26th parallels of latitude.

5.—Rates of Wages. (1) Basic Wage—$33.50 per week. (2) Margins—as per schedule 1 annexed to this

award.

6.—Hom-s (Other than Continuous Shift Workers). (1) Forty hours, exclusive of crib time, shall con-

stitute a week's work for surface workers. (2) Where shifts are worked on the surface, the

forty hours shall then be inclusive of crib time for such shift workers.

(3) In the case of day surface workers, a day's wox-k shall consist of eight hours per day, Monday to Friday inclusive, and shall be worked between the hours of 7 a.m. and 5 p.m. provided that by agreement between the worker, the employer and the Secretary of the Union or his nominee, the day's work may commence earlier than 7 a.m.

(4) Thirty seven and one half hours, inclusive of crib time, shall constitute a week's work for underground workers.

(5) In the case of underground workers, each shift shall consist of seven and one half hours per day or shift, Monday to Friday inclusive, and the shifts shall be so arranged that an interval of thirty minutes will separate the finishing hour of one shift from the commencing hour of the next following shift.

(6) Six hours shall constitute a shift's work for for men engaged inside gas or water spaces of any boiler or flue in cleaning or scraping work. In case of boiler cleaners working broken shifts, one hour on the above description of work shall count as one hour and twenty minutes. In the case of Lancashire and Cornish Boilers, all time necessary for a boiler cleaner to come out for a spell shall count as time worked in the boiler.

7. Overtime (Other than Continuous Shift Workers).

(1) For work done beyond the hours of duty on any ordinary day, payment shall be at the rate of time and a half for the first two hours and double time thereafter.

(2) Work done on Saturdays shall be paid for at the rate of time and a half for the first two hours and double time thereafter and work done on Sundays shall be paid for at the rate of double

(3) (a) When a worker is recalled to work overtime after leaving his employer's business premises (whether notified before or after leaving such premises) he shall be paid for at least three Tiours at overtime rates; provided that, except in the case of unforeseen circumstances arising, a worker shall not be required to work the full three hours if the job for which he was recalled is completed within a shorter period but if such worker is subsequently recalled to work within the period of three hours for which payment has been made, an additional payment shall not be made nor shall any extra overtime be paid in respect of any period covered by such minimum payment.

(b) This subclause shall not apply in cases where it is customary for a worker to return to his employer's premises to perform a specific job outside his ordinary working hours or where , the overtime is continuous (subject to any reasonable meal break which may be allowed) with the completion or commencement of ordinary working time.

(4) When computing overtime, the district allowances shall not be computed as an addition to the day's pay.

(5) These overtime rates shall not apply to excess time worked due to private arrangement between the workers themselves or owing to a relieving man

(2)—46331


failing to come on duty at the proper time. The time for which any worker may be paid at ordinary rates instead of overtime due to a relieving man failing to come on duty at the proper time, shall not exceed two hours, after the expiration of which overtime rates shall apply to the whole shift.

(6) When a worker, without being notified on the previous day, is required to continue working after the usual knock-off time for more than one hour or (in the case of a day worker) after 5.30 p.m. whichever is the later, he shall be provided with any meal required or shall be paid sixty-five cents in lieu thereof.

(7) When a worker is required for duty during any meal time whereby his meal time is postponed for more than three quarters of an hour, he shall be paid at overtime rates until he gets his meal.

(8) (a) An employer may require any worker to work reasonable overtime (within the limits prescribed by the Mines Regulation Act or any regulations made thereunder) at overtime rates and such worker shall work overtime in accordance with such requirements.

(b) No organisation party to this award, or worker or workers covered by this award, shall in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

(9) Overtime on shift work shall be based on the rate payable for the shift worked.

8.—Continuous Shift Workers.

(1) The ordinary working hours shall not exceed forty in any one week to be worked in five shifts of eight hours each inclusive of crib time.

(2) Except as hereinafter provided, all work done beyond the hours of duty on any day shall be paid for at the rate of double time.

(3) A worker called upon to work a sixth shift in any week shall be paid at the rate of time and a half for the first four hours and double time thereafter.

(4) These overtime rates shall not apply to excess time worked due to private arrangements between the workers themselves or owing to a relieving man failing to come on duty at the appointed time or where such time is worked to effect the periodical rotation of shifts. The time for which any worker may be paid at ordinary rates instead of overtime due to a relieving man failing to come on duty at the appointed time shall not exceed two hours after the expiration of which overtime rates shall apply to the whole of the shift.

(5) Overtime on shift work shall be based on the rate payable for the shift worked.

(6) (a) When a worker is recalled to work overtime after leaving his employer's business premises (whether notified before or after leaving such premises) he shall be paid for at least three hours at overtime rates; provided that, except in the case of unforeseen circumstances arising, a worker shall not be required to work the full three hours if the job for which he was recalled is completed within a shorter period but if such worker is subsequently recalled to work within the period of three hours for which payment has been made, an additional payment shall not be made nor shall any extra overtime be paid in respect of any period covered by such minimum payment.

(b) This subclause shall not apply in cases where it is customary for a worker to return to his employer's premises to perform a specific job outside his ordinary working hours or where the overtime is continuous (subject to any reasonable meal break which may be allowed) with the completion or commencement of ordinary working time.

(7) When a worker, without being notified on the previous day, is required to continue working after the usual knock-off time for more than one hour, he shall be provided with any meal required or be paid sixty-five cents in lieu thereof.

(8) All work done on Saturdays and Sundays during the ordinary hours of duty shall be paid for at the rate of time and a half.

(9) When computing overtime, the district allowances shall not be computed as an addition to the day's pay.

9.—-Rest Period—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 (other than a casual 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 his employer, 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. (1) (a) A worker who does not work at least one

week on day shift out of each consecutive three weeks shall be paid for each shift other than day shift at the rate of time and one-quarter. Pro- vided that if he is required to work for more than one week consecutively on afternoon shift, or for more than one week consecutively night shift, such a worker shall be paid at the rate of time and one- quarter for each shift other than day shift in the consecutive second and subsequent weeks of afternoon or of night shift.

(b) This subclause shall not apply to workers employed on what is known as the Great Boulder roster, or accepted variations thereof, nor to workers employed on rosters agreed between the parties nor to workers to whom this subclause would only otherwise apply because of a change of shift due to a private arrangement with another worker, nor to workers known as "rostered relief workers") regularly employed on continuous process work who are required to work shifts to enable other workers engaged on such work to change shifts weekly and to have their days off, if such rostered relief worker is not required to work more night shifts or more afternoon shifts than the number of day shifts worked by him.


(2) A worker employed on any shift other than day shift shall be paid for afternoon shift five per- cent. and for night shift ten per cent, in addition to his ordinary rate.

Liberty is reserved to either party to apply to amend this subclause in the event of any variation in shift loadings generally.

(3) (a) Where any particular process is 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 that process is not carried out on a Saturday or Sunday or on any public holiday.

(4) (a) A worker who replaces a regular shift worker who is absent for any reason beyond the control of the employer, on afternoon or night shift, shall be paid at the rate of time and one-quarter if he does not work for five consecutive shifts (other than day shift) or, in the case of the Great Boulder Roster, six shifts and the appropriate shift work rate if he works five or more of such shifts consecutively or, in the case of the Great Boulder Roster, six or more shifts consecutively.

(b) A worker who replaces on afternoon or night shift a regular shift worker who is absent by reason of a direction of the employer shall be paid at overtime rates unless he works the number of consecutive shifts prescribed in the next preceding paragraph.

(c) The sequence of consecutive shifts shall not be deemed to be broken under subclause (4) hereof by reason of rostered days off in respect to workers employed on continuous process work or by a Satur- day or Sunday in respect to other workers or by any public holiday or any other reason beyond the control of the employer.

(d) A worker who does not work five consecutive shifts for any reason beyond the control of the employer shall not be entitled to payment under the provisions of this subclause.

11.—Payment for Sickness.

(1) A worker shall be entitled to payment for non-attendance on the ground of personal ill-health for one-tenth of a week's pay at the award rate for each 23.1 shifts actually worked at ordinary rates of pay. Provided that, subject to subclause (4) hereof, payment for absence through such ill-health shall be limited to one week's pay 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 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. 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 his employer 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 his employer of sickness, but the employer shall not be entitled to a medical certificate unless the absence is for three days or more.

(4) 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 no longer from the end of the year in which it accrues.

12.—Wet Places. Any worker working in wet places shall be paid

an allowance of thirty cents per day or shift or part of a day or shift provided that—

(1) This allowance shall not be payable to workers working on natural surfaces made wet by rain.

(2) Where waterproof boots and/or oilskins are provided by the employer, no claim shall be allowed under this provision for wet feet or clothing, but where, notwithstanding this protection and the exercise of reasonable care by the worker, his clothing or feet become wet, he shall be paid the appropriate rate of wet pay.

(3) Where a worker is compelled to work in water to the thighs, he shall receive the allowance notwithstanding the previous paragraph (2) of this proviso.

(4) A place shall be deemed to be wet when water other than rain is continually drop- ing from overhead so as to saturate the clothing of the worker if unprotected or when the water in the place where the worker is standing is over one inch deep and such worker has not been supplied with waterproof boots.

13.—Holidays.

The following days or the days observed in lieu shall be allowed as holidays without deduction of pay namely: Christmas Day, Good Friday, Easter Monday, Labour Day and one additional day in each calendar year, to be nominated by the employer. Where Christmas Day falls on a Saturday or a Sunday, such holiday shall be observed on the next succeeding Monday; in such case the substituted day shall be deemed a holiday without deduction of pay in lieu of the day for which it is substituted. Provided that any worker who does not present himself for work (if required) on the working day following any of the above mentioned holidays shall not be entitled to be paid for such holiday unless he produces proof satisfactory to the employer that he was prevented by sickness from presenting himself for work on any such day, and that such sickness was not due to intemper- ance or misconduct. All work performed on any of the aforementioned holidays shall be paid for at double time.

Liberty is reserved to the union to apply to amend this clause.

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14.—Annual Leave. (1) Annual leave shall be taken at the conven-

ience of the Management of the mine; workers to receive one months notice of the date on which the leave is to commence; a committee of three to be appointed to each mine to assist the Manage- ment in the arrangement of a suitable roster.

(2) Except as hereinafter provided, a period of four consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to a worker by his employer provided he has worked 236 shifts at ordinary rates of pay with that employer.

(3) If after one month's continuous service in any qualifying twelve monthly period, a worker whose employment terminates and who has worked less than 236 shifts at ordinary rates of pay, shall be paid in the proportion that the number of shifts worked by him at ordinary rates in that qualifying period bears to 236 shifts at ordinary rates of pay in that qualifying twelve monthly period.

(4) (a) Continuous shift workers, that is shift workers engaged in a continuous process who are rostered to work regularly on Sundays and holidays shall be allowed one week's leave in addition to the leave prescribed in subclause (2) hereof.

(b) Where a worker with twelve months' continuous service is engaged for part of a qualifying twelve monthly period as a continuous shift worker, he shall be entitled to have the period of annual leave to which he is otherwise entitled increased by that proportion of the additional week as the number of shifts worked by him at ordinary rates bears to the full number of such shifts in the qualifying twelve monthly period.

(5) The amounts to be paid hereunder shall be calculated at the rate prevailing at the time the payment is made.

(6) Where a worker is justifiably dismissed for misconduct he will not be entitled to the benefits of this clause,

(7) If any of the holidays prescribed in clause 13 of this award falls during the 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 the worker shall have one extra day added to the period of annual leave.

(8) Notwithstanding anything else herein contained an employer 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.

(9) An employer may close down his operation or a section or sections thereof for the purposes of allowing annual leave to all or the majority of his workers employed generally or in any such section or sections and in the event of a worker being employed for portion only of a year he shall only be entitled 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) This clause shall not apply to casual workers.

(11) Liberty is reserved to the union to apply to amend this clause as to the rate to be paid to a pieceworker when on annual leave.

15.—Casual Workers. Any worker dismissed through no fault of his

own before the expiration of one week of his employment shall be considered casual and shall receive fifteen per cent, above the rate specified for the work performed.

16.—Free Water. In all districts where free water is supplied by

the employer single men shall get three gallons and married men six gallons per day.

17.—Drinking Water. (1) Good drinking water shall be supplied on all

levels where men are working and be kept cool and free from dust.

(2) Where practicable, and if required, hot points shall be provided on all levels for the purpose of heating water, or alternatively, if required—

(a) The employer shall supply hot water to workers at all levels or,

(b) Thermos flasks, if available, shall be supplied to workers. Such thermos flasks to remain the property of the employer and to be replaceable at the expense of the worker to whom same is issued unless broken and the broken flask produced to the employer in which case the replace- ment will be at the cost of the employer,

18.—Mixed Functions. (1) An engine driver shall be paid for the whole

of the shift at the highest rate for any engine classified in this award on which he has been employed during any portion of the shift.

(2) A worker other than an engine driver, engaged for more than one half of one day or shift on duties carrying a higher rate than his ordinary classification shall be paid the higher rate for such day or shift. If employed for less than half of one day or shift, he shall be paid the highest rate for the time so worked.

19.—Change Rooms. If more than four persons are employed under-

ground in any mine on one shift, sufficient accommodation shall be provided above ground near the principal entrance to the mine, and not in the engine room or boiler house, for enabling the persons employed in the mine to conveniently dry and change their clothes, and in no case shall men dry their clothes upon a boiler. Hot water shall be supplied in all change rooms. The change rooms shall be kept warm in the winter and as far as is practicable cool in the summer.

20.—Reduction of Hands. Should occasion arise to reduce the number of

workers employed, the Management, in selecting those to be retained, shall give full weight to the consideration of length of service, and, all things being equal, shall retain those who have been longest in the employ of the Company.

21.—Accident Pay. In the event of a worker meeting with an acci-

dent during the shift, or being required to attend to one who has met with an accident, he shall be deemed to have rendered duty during the whole of the shift, and be paid accordingly.

625

22.—Full Payment for Shift. (1) After beginning a shift, workers shall not be

paid less than for a full shift, unless they leave of their own accord, or are dismissed for misconduct. This shall not apply in matters beyond the control of the management.

(2) If, before a worker leaves the works at the end of his shift, and because he is not so informed, he attends at the next shift willing to work it, and there is no suitable work which he is allowed to perform, he shall be paid the wages he would have been entitled to if he had worked the shift he was ready and willing to work. This shall not apply in matters beyond the control of the management.

(3) If a worker after having attended his place of employment is sent home and instructed to attend at some subsequent later shift, he shall be paid two hours at ordinary time for his first attendance if he complies with such instruction.

23.—-Payment of Wages. (1) Payment of wages shall be fortnightly. For

mines situated at Kalgoorlie, Boulder and Fimiston, pay day shall be on Friday, the pay period to end on the Tuesday preceding such pay day. Pay day at other mines shall be on a day mutually agreed upon between the employer and the workers concerned, and the customary period shall be allowed between the closing of the pay period and the pay day. Any worker leaving or being discharged shall be paid the full amount of wages due to him within one hour of ceasing work, or within one hour of the opening of the mine office if such office was closed at the time of his ceasing work, or if the work done requires to be measured or assessed he shall be paid at the prescribed award rates within two hours of ceasing work. Provided that in the case of a pieceworker who leaves during a pay period any settlement in excess of his wages rates shall be made on the next succeeding pay day.

(2) If on any mine a section of workers is obliged to deviate one half mile or more from their journey to their home for the purpose of receiving their pay, a second pay place shall be established for the convenience of such workers.

(3) When or before payment of wages is made to a worker, he shall be issued with a docket showing at least the gross amount of wages and the details of any deductions that are made from his earnings. Upon request by the worker he shall also be furnished within a reasonable time of such request, with details of the hours and rates of any overtime worked. Provided that in respect of annual leave payments, the worker, including the pieceworker, shall be issued with a voucher showing the calculations upon which such payment has been made.

24.—Ventilation. (1) Where the ventilation in any place is inade-

quate, no work excepting such as is necessary for the purpose of remedying the conditions, shall be undertaken in that place until the ventilation is adequate.

(2) The ventilation in any place shall be determined by the District Inspector of Mines.

(3) From the decision of a District Inspector, an appeal shall lie to the Mines Ventilation Board hereinafter constituted. Such appeal shall be in- stituted by notice in writing to the other parties affected and to the Under Secretary for Mines,

which notice must be given within seven days from the date the party appealing is notified of the Dis- trict Inspector's decision. The Under Secretary will then convene the Board which will meet as soon as possible, on a date to be notified by the Under Secretary.

(4) For the purpose of this clause the Mines Ventilation Board is hereby constituted, such Board to consist of—

(a) the State Mining Engineer; (b) the Commissioner of Public Health; (c) a workmen's inspector appointed by the

Management Committee of the Australian Workers' Union;

(d) a representative appointed by the employers; or if unable to act, their respective nominees

The State Mining Engineer (or his nominee) shall be chairman of the Board. The Com- missioner of Public Health shall be a member of the Board in an advisory capacity only and without a vote. The decision shall be in accordance with the majority of votes. The presence of four members shall be necessary for a quorum. The decision of the Board shall be final.

(5) All reasonable costs and charges of the Board and the members shall be rendered to the Under Secretary for Mines, who shall apportion them equally between the Mines Department and the parties to this award. Provided that the Board may order any appellant to pay the whole or a certain proportion or amount of the costs of any appeal which the Board may declare to be trivial, and such appellant shall forthwith pay any such

25.—First Aid. (1) In all engine rooms on mines where first aid

men are not employed continuously on three shift rosters, a first aid outfit shall be provided.

(2) Any first aid man appointed by the employer to perform first aid duties shall be paid an allowance of seventy five cents per shift in addition to his ordinary rate of pay.

26.—Resumption of Work after Annual Leave. When a worker is not notified prior to taking

his annual leave that no further work is available on the mine, he shall be re-engaged on his return for a minimum period of two weeks or be paid two weeks' wages in lieu thereof unless dismissed for misconduct.

27.—Aged and Infirm 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.

(2) In the event of no agreement being arrived at, the matter may be referred to a 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.

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

purpose of this award a Board of Reference consisting of a chairman and two other members who

626

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 determining any dispute 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.

29.—Protective Clothing. Workers in very wet places shall be provided

with oilskin coats and rubber boots.

30.—Preference. (1) In this clause—

"The Union" means the Federated Engine Drivers' and Firemen's Union of Workers of Western Australia;

"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 the 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.


(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) 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 po such provision by custom.

31.—Representative Interviewing Workers.

A duly accredited official of the union shall have the right to enter the employer's premises, but shall not without the permission of the employer interview workers during their working hours.

32.—Recognised Crib Places. (1) Surface:

(a) When the number of workers employed on the surface exceeds ten the employer shall provide a fit and proper crib room.

(b) The room referred to in the preceding paragraph shall be furnished by the employer with seats and tables.

(c) The employer shall supply boiling water at meal times.

(d) The employer shall provide a reasonably vermin proof and ventilated cupboard in which workers may store their cribs.

(2) Underground: (a) One or more places shall be set aside in

each level on or from which men are working, in the driest and most comfortable positions available, at which the men shall eat their food.

(b) Such places shall be so situated that workers shall not be required to travel further than one thousand feet from their working places to such crib places.

(c) Such places shall be provided with tables, seats, and a reasonably vermin proof and ventilated cupboard in which the workers may store their cribs.

(d) The employer shall provide covered recep- tacles at all crib places to receive all meal scraps and other refuse and to arrange for the disposal of same. No person shall throw or leave waste food about the mine except in the receptacle provided.

(e) Adequate provision shall be made within fifty feet of each crib place to enable workers to wash at crib time.

33.—Record. (1) Each employer shall keep a time and wages

book showing the name of each worker and the nature of his work, the hours worked each day and wages and allowances paid each week. Any system of automatic recording by means of machines shall be deemed to comply with this provision to the extent of the information recorded.

(2) The time and wages record shall be open for the inspection of a duly accredited official of the union, during the usual office hours at the employer's office or other mutually convenient place, and such official shall be at liberty to take extracts therefrom. If for any reason the record be not available at the office or other mutually convenient place when the official desires to inspect it, it shall be made available for inspection within twelve hours either at the employer's office or other mutually convenient place.

3 4.—Inspections. Duly accredited officials of the union shall, at

times convenient to the employer, be allowed to inspect all places, during work hours where members of the union are employed, provided that they shall not impede or obstruct the workers in carrying out their work,

627

35.—Re-employment after Accident. Any worker who, as a result of his employment,

suffers an accident and following treatment is certified by his doctor as fit to resume work shall, if and when practicable, be re-employed.

36.—Long Service Leave. The long service leave provisions set out in

Volume 44 of the Western Australian Industrial Gazette at pages 737 and 743 both inclusive are hereby incorporated and form part of this award.

37—District Allowance. Payments shall be made in accordance with the

provisions contained in Schedule 3 annexed hereto, so far as applicable.

38.—Maximum Rate. The provisions of this award do not operate so

as to require payment of more than double time rates for any work.

39.—Relieving Engine Drivers. Relieving engine drivers who are not employed

full time at relieving shall be found other suitable work to make up full time, for which they shall be paid at the rate for the highest classification worked during the shift.

40—Dirty Work. Workers engaged inside in cleaning the inside

of air receivers, or engine crank cases shall be paid an additional seven cents per hour whilst employed at such work.

41.—Piecework. (1) Subject to the minimum wage rates and other

conditions herein prescribed, an employer may re- munerate any of his workers under any system of payment by results.

(2) The union may, during the currency of the award, apply to the Commission for the correcting or regulation of any piecework rate, time bonus rate, task rates or any other system of payment by results.

I certify pursuant to section 65 of the Industrial Arbitration Act, 1912-1966, that the foregoing is a copy of the agreement arrived at between the parties mentioned above.

Dated at Perth this 26th day of September, 1968. (Sgd.) D. CORT,

[L.S.l Commissioner.

Piled at my office this 26th day of September, 1968.

R. BOWYER, Registrar.

Schedule 1—Margins. Classification and Margin Per Shift: $

(1) Winding engine driver 2.00 (a) On special shafts 4.00 (b) If he sometimes or always raises or

lowers human beings 3.00 (2) Winch Drivers—

(a) If working underground 1.75 (b) If working on surface 1.50

(3) Locomotive engine drivers on mines 2.00

$ (4) Excavators driven by steam, electiricty,

or internal combustion 2.00 (5) Drivers of suction gas and other in-

ternal combustion engines— (a) If under 50 b.h.p 1.25 (b) If 50 b.h.p. or over 1.50

(6) Drivers of suction gas and other internal combustion engines in power- houses including electric generating engines and/or air compressors— (a) Exceeding 500 b.h.p.—

Shift engine driver in charge .... 1.70 Other engine drivers on shift .... 1.50

(b) Exceeding 2,000 b.h.p.— Shift engine driver in charge .... 2.10 Other engine drivers on shift .... 1.50

(c) Exceeding 5,000 b.h.p.— Shift engine driver in charge .... 2.30 Other engine drivers on shift .... 1.50

(d) Exceeding 8,000 b.h.p.— Shift engine driver in charge .... 2.50 Other engine drivers on shift .... 1.50

(7) If an engine driver also attends to an electric generator or dynamo exceeding 10 kilowatt capacity he shall be paid an additional sum of 20 cents per shift.

(8) If an engine driver also attends to a switchboard he shall be paid an additional sum of 20 cents per shift.

(9) (a) Engine greasers (power house) .... 1.00 (b) Engine greasers and/or cleaners .... 0.59

(10) Electric air compressor drivers .... 0.98 (11) Switchboard attendants 0.98 (12) Electric locomotive or tractor drivers 1.38 (13) Attendant to stationary motors under

100 h.p 0.85 (14) Boiler cleaners 1.18 (15) Drivers of mobile cranes—

(a) Lifting capacity up to and including five tons and/or with shovel attachment 1.50

(b) Lifting capacity over five tons. .. 2.00 The above wages are payable under a

contract of daily service.

Schedule 2.—^District Allowances. Payment shall be made in accordance with the

provision of this schedule so far as applicable. (1) In addition to the wages prescribed in clause

5 of this award, the following allowances shall be paid for five days per week to workers employed in the districts which are hereinafter respectively described, with the exception of districts contained therein which are situated within a radius of 10 miles of Kalgoorlie, Coolgardie and Southern Cross, viz:—

(a) First District:—Lying south of Kal- goorlie and comprised within lines starting from Kalgoorlie, then W.S.W. to Woolgangie, thence S.E. to Dundas, thence N.E. to a point ten miles east of Karonie on the Trans-Australia line, and thence back to Kalgoorlie; at


the rate of 52 cents per week extra for those mines within ten miles of the railway and 80 cents per week for those outside.

(b) Second District:—Starting from Kal- goorlie W.S.W. to Woolgangie, thence N.N.W. to the intersection of the 120E meridian with the SOS parallel of latitude, thence N.E. by E. to Kookynie, thence back to the point 10 miles east of Karonie on the Trans-Australia line, and thence back to Kalgoorlie; at the rate of 70 cents per week extra for those mines within 10 miles of the railway and 90 cents per week for those outside.

(c) Third District:—Starting from and including Kookynie, thence N. by W. to Kurrajong, thence N.E. to Stone's Soak, thence S.E. to and including Burt- ville, thence S.W. through Pindinnie to Kookynie; at the rate of 70 cents per week extra for those mines within 10 miles of the railway and 90 cents per week for those outside.

(d) Fourth District:—Surrounding South- ern Cross within a radius of 30 miles; for those mines outside a radius of 10 miles from Southern Cross, including Westonia and Bullfinch, at the rate of 25 cents per week.

(e) Fifth District:—Comprising all mines not specifically defined in the foregoing boundaries but within the area comprised within the 24th and 26th parallels of latitude; at the rate of one dollar twenty per week.

(2) Notwithstanding anything herein contained, the following allowances shall be paid in the districts or mines mentioned hereunder:—

Per Week $

Ora Banda and Waverley Districts .. 0.70 Yalgoo District 0.70 Meekatharra, Mt. Magnet and Cue

Districts 0.85 Wiluna District 1.00 Youanmi District .... 1.00 Cox's Find Gold Mine 0.90 Corduroy Gold Mine and mines

within ten miles radius therefrom 1.20 Lallah Rooke Gold Mine, Halleys

Comet Gold Mine, Prophecy Gold Mine and mines within ten miles radius therefrom 1.50

Mayfleld District 0.70 Evanston District 1.00

With regard to the Meekatharra, Mt. Magnet, Cue, Yalgoo, and Wiluna Districts, an additional allowance at the rate of 15 cents per week shall be paid to workers employed at mines situated five miles from a Government railway.

With regard to the Big Bell Gold Mine, the Triton Gold Mine, and Cox's Find Gold Mine, the sum of 15 cents per week may be deducted from the district allowance which would otherwise be paid.

(3) In the case of any mine or district within the area to which this award applies which is not dealt with under the provisions of this

schedule, the Union may apply to the West- ern Australian Industrial Commission at any time for the purpose of having an allowance prescribed, upon serving upon the employer concerned fourteen days' notice thereof prior to the date of such application the service of such notice shall be made pursuant to the provisions relating thereto prescribed by the regulations under the Industrial Arbitration Act, 1912-1966.

CORRECTION. CEMENT WORKERS'. Award No. 10 of 1967.

WHEREAS an error occurred in the copy of the above award as published in the Western Austra- lian Industrial Gazette on the 2nd October, 1968, No. 48—Part 1, Sub-part 3, page 519 the following correction is hereby made.

Clause 11. Wages: Delete the whole of subclause (2) and insert in lieu thereof—

(2) Margin Adult Workers (per week) — (1) Kiln Burner—Clinker—

2 kilns or less ... 12.15 3 kilns or more ... 13.15

(2) Kiln Greaser/Relief Burner ... 9.70 (3) Miller—Raw Mills ... 8.90 (4) Miller—Cement Mills ... 8.90 (5) Miller—Assistant or Relief ... 6.70 (6) Kiln Greaser ... 5.25 (7) Plant Attendant ... 5.25 (8) Cooler Attendant ... 5.25 (9) Crusher Attendant ... 6.65

(10) Pumphouse Attendant ... 6.50 (11) Weighbridge Attendant ... 5.85 (12) Amenities Attendant ... 5.25 (13) Elevator Attendant ... 7.10 (14) Machine Bag Filler ... 9.50 (15) Loader—Bags ... 9.50 (16) Loader—Bulk ... 9.50 (17) Stockhouse Hand ... 5.25 (18) Experienced General Hand ... 5.25 (19) General Hand 4.65 (20) Physical Tester—Grade 1 ... 9.50 (21) Physical Tester—Grade 2 ... 10.15 (22) Cement Tester ... 8.90 (23) Slurry Tester ... 9.50 (24) Sampler ... 5.85

Dated at Perth this 25th day of October, 1968. R. BOWYER,

Industrial Registrar.

AWARDS—Amendment of— BOILERMAKERS. GOLD MINING.

Award No. 33 of 1947. BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION. No. 281 Of 1968.

Between Boilermakers' Society of Australia Union of Workers, Kalgoorlie Branch, No. 11, Appli- cant, and Lake View & Star Ltd., and others, Respondents.

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


Commissioner of The Western Australian Indus- trial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Boilermakers (Gold Mining) Award No. 33 of 1947, 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 20th day of September, 1968. (Sgd.) J. R. FLANAGAN,

Commissioner.

Schedule. Clause 5—Rates of Wages: Delete subclauses (c)

and (f) of this clause and insert in lieu thereof— Margin per week: $

(c) Occupation— Boilermaker 19.40 Oxy-acetylene and electric welder 19.40 A boilermaker employed during two

hours or more in any one day on work which comes within the scope of a boiler- smith's and/or angle iron smith's work shall be entitled to six point six seven cents extra for such day's work,

(f) Leading Hand—Leading hands in charge of not less than three and not more than ten workers shall be paid at the rate of two dollars seventy per week extra; more than ten and not more than twenty workers, four dollars eighty-five per week extra; more than twenty workers, seven dollars fifteen per week extra.

BRICKYARD EMPLOYEES. (Clay Bricks.)


INDUSTRIAL COMMISSION. No. 310 Of 1968.

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., and others, Respondents.

Before Mr. Commissioner E. R. Kelly. The 10th day of October 1968.

Mr. W. S. Latter on behalf of the applicant. Mr. L. Girdlestone on behalf of the respondents.

Judgment. THE COMMISSIONER: I am not really in any doubt as to what the fate of this application should be, and I see little purpose in reserving judgment on it. I really do not think there are any new questions of principle involved in this particular application. There are important principles involved but they have been dealt with, one way or another, by the Commission on a number of occa- sions, and I do not think it is necessary to go into further detail on them by way of a reserved

judgment. So I will indicate to you what the decision is and perhaps, in brief here and there, the reason for the decision.

In respect of the claim for a clause headed "Employment of Females" I propose to grant the claim, except for the prohibition on the employment of junior females. Having regard for the work which was inspected yesterday I see no particular reason for prohibiting the employment of junior females (for prohibiting the employment of all junior females) on that work.

There may well be many junior females, perhaps about the age of nineteen or twenty years, who could adequately perform some of that work without impropriety or harm in any way; but I do propose to add to the employment of females clause a provision requiring an employer who employs a junior female to notify the union of the employment of that junior within seven days of the employment, and to do so in writing.

In respect of the rates to be paid, the only observation I would make is that there is a difference, in my opinion, between assessing a margin for particular work and in deciding whether or not males and females employed on that work should be paid the same total wage. In assessing a margin the question of productivity is, in my opinion, of little consequence. This of course is recognised, and has been for many years, in the fixation of marginal rates. It is well understood that many workers may be a lot more competent and a lot more productive than others, but the same rate of wage is payable to all of them, irrespective of their competence.

In dealing with the question of female employment in an industry and seeking to determine what proportion of a male's total wage should be paid, the question of productivity is, however, a a factor to be taken into consideration. I place it no higher than that. I do not say it is the overriding factor or the predominating factor, but it is a factor.

Having regard for that and having regard for the evidence and inspections, I intend to allow an amendment to the award in the terms proposed in the employers' answer, but with a proviso to the effect that notwithstanding the provisions of the award, females employed in the categories mentioned shall be paid not less than 85 per cent of the total wage payable to a male in those occupations after three months' experience in the industry.

The other alteration which I intend to make to the amendment proposed by the respondents is to delete the word "Adult" from the heading "Adult Females," so that if a junior female is employed on any of that work she will be paid the same rate as an adult—that is, on the work of setting, pressing fancy bricks and packing.

I think there is one observation I should make here. This is an application to amend a small section of the award. I would not wish the parties on either side to assume that if the award were the subject of a complete review or if the wages clause were the subject of a complete review, the decision would necessarily be the same. It does seem to me that a number of classifications in this award are either wholly or partly outmoded. They have the impress of history upon them—some of them—and a thorough examination of the industry might well result in differences, not only in the classifications with which I am dealing but in many other classifications as well.


However, in the light of the award as it stands now and in the light of the wages schedule as it stands now, I think the rates which I propose fixing are reasonable rates.

I will have the minutes of the proposed amendment prepared this afternoon and the parties may obtain them from Mr. Smith. Having done so, they can advise him (when they have had time to consider what has been said this morning, and the form of the minutes) whether a speaking to the minutes is desired. If it is, it will be arranged as quickly as possible.

Order accordingly.


No. 310 of 1968. Between The Federated Brick, Tile and Pottery

Industrial Union of Australia (Union of Work- ers) Western Australian Branch, Applicant, and Metropolitan Brick Co. Pty. Ltd. and others, Respondents.

HAVING heard Mr. W. Latter on behalf of the applicant and Mr. L. Girdlestone on behalf of the respondents, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Brickyard (Housebrick) Award No. 15 of 1966 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 18th day of October, 1968. (Sgd.) E. R. KELLY,

[L.S.3 Commissioner.

Schedule. 1. Clause 2. Arrangement: Add after the clause

number and titled, "3. Scope" the clause number and title, "3A. Employment of Females".

2. Clause 11. Wages: Delete this clause and insert in lieu thereof—

11.—Wages. The minimum rates of wages payable to work-

ers covered by this award shall be— (1) Basic Wage (per week): $

Males 33.50 Females 25.13

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

Front end loader 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 loco motor driver 8.40 Palette loader, off bear 8.00 Powder monkey 7.50 Off bearer 7.50 Burner (continuous) 7.50 Burner (down draught) 7.50 Burner (zig zag) .. 7.50

$ Burner in charge (open kiln) . .. 7.50 Brick lifter—(lifting on to off-

bearers barrow) 7.50 Hand presser 7.15 Machine driver (rigging and plant-

ing) 6.50 Loader out to trucks, truck loader .... 8.40 Damperman 6.35 Man winding .... 5.65 Man, in charge wire cut machine,

20,000 bricks and over per day .... 5.65 Burner (ordinary kiln) 6.45 Burner's assistant (zig zag kilns) 5.35 Clay hole 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 (shale pits) 6.25 Crusher driver (Armadale yard) .... 6.35 Crusher driver's assistant (Armadale

yard) 5.35 Machine driver (zig zag yard) .... 8.40 Sorter packer 6.70 Tunnel kiln operator 9.35 Tunnel kiln operator's assistant .... 5.35

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

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

(4) Junior and Adult Females: $ Setter 8.40 Presser fancy bricks 8.40 Packer 6.70

Provided that a female after 3 consecutive months' experience in the industry shall be paid not less than eighty-five per cent, of the sum of the male basic wage and the appropriate margin set out in this subclause.

(5) 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.

3. Add after Clause 3. Scope, the following new clause—

3A.—Employment of Females. (1) Females shall not be employed on work

which, on account of its nature or the times at which or circumstances in which it is performed is, in the opinion of the Board of Reference, un- suitable for females.

(2) Where the Board of Reference determines that any work is suitable for females, it may do so unconditionally or subject to such conditions relating to the age of females to be employed and the times at which and the circumstances in which they may be employed as it deems fit.

(3) An employer who engages a female worker under the age of twenty-one years shall, within seven days of the engagement, notify the union to that effect.


BRUSHMAKERS. Award No. 30 of 1959.


No. 1077 of 1967. Between Federated Miscellaneous Workers' Union

of Australia, West Australian Branch, Union of Workers, Applicant, and Swan Brushware Ltd., Respondent.

HAVING heard Mr. W. S. Latter on behalf of the applicant and Mr. J. M. Ince on behalf of the respondent, and by consent, I, the undersigned, Com- missioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, 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 that such amendment shall take effect as from the date hereof.

Dated at Perth this 3rd day of October, 1968. (Sgd.) D. CORT,


Schedule. Clause 8.—Wages: Delete subclauses (b) and (c)

of this clause and insert in lieu thereof: (b) Adult Males (Margin over male basic

wage per week): $ (i) Hair pan hands 8.80

Bass pan hands 8.80 Bottle brush makers 8.80 Finishers 8.80 Millet broom makers 8.80 Millet broom sewers 8.80 Wood-working machinists .... 8.80 Ducoers and laequerers 8.80 Sorter 8.80 Timber stackers and/or all others 2.15

(ii) Wood-working machinists whose work includes both making cutters and setting machines 10.40

(c) Adult females (Margin per week): .... 2.40

ENGINEERING. (Gold Mining.)


INDUSTRIAL COMMISSION.

No. 306 of 1968.

Between Amalgamated Engineering Union Associa- tion of Workers, Kalgoorlie Branch, applicant, and Lake View and Star Limited and others, respondents.

HAVING heard Mr. J. Mutton on behalf of the applicant and Mr. G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Indus- trial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers

contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Engineering (Gold Mining) Award No. 26 of 1947, 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.



Schedule. 1. Clause 5.—Wages: Delete subclause (c) and

insert in lieu thereof:— (c) Occupation (margin per week): $

Driller and/or screwer 6.35 Motor attendant 6.35 Electrical wireman or linesman . 10.75 Pipe fitter . 10.85 Coppersmith . 19.70 Blacksmith . 19.40 Electrical fitter . 19.40 Fitter . 19.40 Motor Mechanic . 19.40 Turner . 19.40 Universal miller . 19.40 Miller . 19.40 Borer . 19.40 Planer . 19.40 Shaper . 19.40 Slotter . 19.40 Radial driller . 19.40 Driller using cutter bar . 19.40 Oxy acetylene and electric welder . 19.40 Patternmaker . 24.35 Drill doctor . 10.75

2. Clause 20—Special Rates and Provisions: Delete subclause (c) Leading Hands, and insert in lieu thereof:—

(c) Leading Hands: Leading hands in charge of not less than three and not more than ten workers shall be paid at the rate of two dollars and seventy cents per week extra: more than ten and not more than twenty workers at the rate of four dollars and eighty five cents per week extra; more than twenty workers at the rate of seven dollars and fifteen cents per week extra.

FIRE BRIGADE EMPLOYEES. Award No. 24 of 1967.


No. 325 of 1968, Between Fire Brigade Employees' Industrial Union

of Workers (Coastal Districts) of Western Australia, Applicant, and the Western Aus- tralian Fire Brigades Board, Respondent.

HAVING heard Mr. J. H. Dennis on behalf of the applicant and Mr. G. D. Johnson on behalf of the respondent, and by consent, I, the undersigned.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [30 October, 1968.


That the Eire Brigade Employees' Award No. 24 of 1967, be and the same is hereby amended in accordance with the following schedule and that such amendment shall take effect as from the date hereof.

Dated at Perth this 2nd day of October, 1968. (Sgd.) D. CORT,

tL.S.l Commissioner.

Schedule. Clause 5.—Rates of Pay: Delete subclause (2)

of this clause and insert in lieu thereof— Margin over Basic Wage:

Per Wk. Per Wk. of 56 of 40 Hours. Hours.

(2) Classification. $ $ (a) Fireman — Third Class 25.49 17.72 (b) Fireman—Second Class 28.70 20.51 (c) Fireman—First Class—

(i) With less than five years' experience as a fireman 31.58 23.01

(ii) With five or more years' experience as a fireman 38.34 28.89

(d) Senior 42.40 32.42

FOREMEN. (Government Engineering.)



No. 342 of 1968.

Between The Hon. Minister for Works and others, Applicants, and Foremen (Government) Indus- trial Union of Workers, W.A., Respondent.

HAVING heard Mr G. A. Johnson on behalf of the Hon. Minister for Works and others and Mr. J. Collins on behalf of the Fremantle Port Authority, applicants, and Mr F. Moss 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 Government Engineering and Allied Trades Foreman and Sub-Foreman's Award No. 3 of 1959, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 17th day of October, 1968. CL.S.l (Sgd.) B. M. O'SULLIVAN,

Commissioner./

Schedule. Clause 19.—Wages: Delete this clause and insert the following clause in lieu thereof:—

Clause 19.—Wages. (1) Basic Wage—$33.50. (2) Foremen shall be paid margins in accord-

ance with the classifications hereunder specified.

(a) Class 1—Foremen— Electrician, Architectural Division,

P.W.D. Electrical Workshop Plant Engineers

Branch, P.W.D. Tractor Workshop Plant Engineers

Branch, P.W.D. Carpenter, Metropolitan Water Board. Electrical, Metropolitan Water Board. Mechanical, Metropolitan Water

Board. Motor Mechanic, Metropolitan Water

Board. Fitter, Fremantle Port Authority. Maintenance, Fremantle Port Auth-

ority. Blacksmith Shop, State Engineering

Works. Boilermaking Shop, State Engineering

Works. Carpentry Shop, State Engineering

Works. Fitting Shop, State Engineering Fitting Shop, State Engineering

Works. Machine Shop, State Engineering

Works. Moulding Shop, State Engineering

Works. Patternmaking Shop, State Engineer-

ing Works. Sheetmetal Shop, State Engineering

Works.

Marginal range per annum— Engineering Trades and Sheet Metal

Trade— First year—$2,439. Second year—$2,623. Third year—$2,813.

Building and Other Trades— First year—$2,169. Second year—$2,343. Third year—$2,513.

Provided that Foreman, Electrical Workshop, Plant Engineers and Fore- man Tractor Workshop, Plant Engineers shall not progress beyond the rate prescribed for the second year of service unless reclassifled by the employer.

(b) Class 2—Foremen— Architectural Division P.W.D. Body Builder, Plant Engineers Branch,

P.W.D. Fitting Shop, Plant Engineers Branch,

P.W.D. Machine Shop, Plant Engineers

Branch, P.W.D. Motor Mechanic, Plant Engineers

Branch, P.W.D. Fitter, Fremantle Harbour Works,

P.W.D. Mechanical (Kununurra) Irrigation

and Drainage Branch, P.W.D.


Electrical (Kununurra) Irrigation and Drainage Branch P.W.D.

Fitter*, (Loftus Street) Metropolitan Water Board.

Fitter (Sewerage Treatment Works) Metropolitan Water Board.

Carpenter (Construction) Metro- politan Water Board.

Welder (Treatment and Meaurement) Metropolitan Water Board.

Fitter (Welshpool) Metropolitan Water Board.

Meter Shop, Metropiltan Water Board.

Welder, Metropolitan Water Board. Electrician, Fremantle Port Authority. Fitter (North Quay) Fremantle Port

Authority. Maintenance, Fremantle Port

Authority. Electrician, Main Roads Department.

Marginal range per annum— Engineering Trades:—

$2,069—$2,204—$2,351. Building and Other Trades:—

$1,839—$1,964—$2,091. The employer shall classify each

officer within the marginal range herein prescribed, and may reclassify any officer within the above range, or pro- mote such officer to Class 1 at any time when in the opinion of the employer concerned, the experience of such officer, and the nature of his duties or responsibilities warrant any such re- classification.

(c) Class 3—Foremen— Power Station (Kununurra) Irriga-

tion and Drainage Branch, P.W.D. Meter Shop, State Engineering

Works. Workshops, Main Roads Department.


First year—$1,764. Second year—$1,921.

Building and Other Trades:— First year—$1,564. Second year—$1,701.

(d) Sub-Foremen— (i) Architectural Division, Public Works

Department. Margin per annum—

Engineering Trades—$2,087. Building and Other Trades—

$1,857. (ii) Metropolitan Water Board, State

Engineering Works, Fremantle Port Authority.


First year—$1,764. Second year—$1,921.

Building and Other Trades:— First year—$1,564. Second year—$1,701.

(3) Any person appointed to the position of foreman or sub-foreman and not covered by any of the above classifications shall be

classified by agreement with the parties, or failing such agreement leave is hereby granted for either party to apply to the Commission.

FOREMEN. (Government Water Supply.)



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. G. A. 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 Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Government Water, Sewerage and Drainage Foreman's. Award No. 1 of 1957, as amended, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 27th day of September, 1968. (Sgd.) B. M. O'SULLIVAN,


Schedule. First Schedule—Wages—Item (2) Margins: Insert

the following new classification:— (f) Foremen—Treatment works,

Subiaco Min. $25.50 Max. $27.65

HOTEL WORKERS. (Eastern Goldfields.)


INDUSTRIAL COMMISSION. No. 243 of 1968..

Between the Hotel, Club, Caterers, Tea Room and Restaurant Employees' Industrial Union of Workers, W.A. Goldfields Branch, Applicant, and Joseph Novell and Others, Respondents.

HAVING heard Mr. P. L. Norris on behalf of the applicant and Mr. G. J. Martin on behalf of the respondents, and by consent,' I, the undersigned, Commissioner of The Western Australian Indus- trial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Hotel Workers' (Eastern Goldfields) Award No. 33 of 1952, as amended, be and the same is hereby further amended and consolidated in accordance with the following schedule.




Award. 1.—Title.

This Award shall be known as the "Hotel Work- ers' (Eastern Goldfields) Consolidated Award, 1968."

2.—^Arrangement. 1. Title. 2. Arrangement. 2A. Special Loading. 3. Area. 4. Scope. 5. Term. 6. Hours. 7. Spread of Shift. 8. Additional Rates for Ordinary Hours. 9. Overtime.

10. Casual Workers. 11. Part-time Workers. 12. Board and Lodging. 13. Travelling Facilities. 14. Junior Workers. 15. Under-rate Workers. 16. Higher Duties. 17. Bar Work. 18. Roster. 19. Record. 20. Climbing Ladders and Cleaning of Public

Lavatories. 21. Board of Reference. 22. Breakdowns. 23. Headbands and Uniforms. 24. Laundering. 25. Weekly Wage. 26. Absence through Sickness. 27. Annual Leave. 28. Holidays. 29. Long Service Leave. 30. Change and Rest Rooms. 31. Preference. 32. Wages. 33. District Allowance.

2A.—Special Loading. (1) Each ordinary wage rate prescribed else-

where herein shall be increased— (a) by 60 cents per week if it is equal to or

greater than the basic wage for males or, as the case may be, the basic wage for females; and

(b) in all other cases by an amount which bears the same relationship to 60 cents as the ordinary wage rate bears to the basic wage for males or, as the case may be, the basic wage for females.

(2) For the purposes of subclause (1) of this clause and to give effect thereto, wherever a basic wage is prescribed herein it shall be deemed to be increased by 60 cents per week.

3.—Area. This award shall have effect over the area com-

prised within a radius of twenty-flve miles from the Post Office, Kalgoorlie.

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

in the callings described in clause 32 of this award in the hotel keeping industry.


three years from the beginning of the first pay period commencing after the date hereof. (This Award was delivered on the 22nd Day of Septem- ber, 1952.)

6.—Hours. (1) The ordinary hours of duty shall be forty

per week not exceeding eight per day; to be worked over not more than five and a half days of the week within the spread of hours referred to in clause 7 and subject to the additional rates prescribed in clause 8. Notwithstanding the foregoing, the ordinary hours of duty for Night Porters may be spread over six days per week.

(2) If a worker is at liberty to leave the premises of the employer for any time, being not less than half an hour, but elects to remain thereon, the time he remains on the premises shall not be included in his or her working time.

(3) The half day referred to in (1) hereof shall finish not later than 2 p.m.

(4) Night Porters—Night Porters shall be entitled to one night off duty in each week. Pro- vided that, if work is performed by a night porter in lieu of his night off, he shall be paid for such work at the rate of time and one half. This provision shall not be availed of more than on six nights in any one year. Any dispute arising out of this provision shall be referred to the Board of Reference.

(5) Subject to clause 7, no worker shall be required to work for more than five and a half hours without a break for a meal. Such break shall be not less than one-half hour and not more than one

7.—Spread of Shifts. (1) "Daily spread of shift" shall mean the time

which elapses from the worker's starting time to the worker's finishing time for the day.

(2) "Weekly spread of shift" shall mean the aggregate number of hours contained in the daily spreads for a week.

(3) The weekly spread of shifts shall not exceed seventy hours.

(4) Subject to clause 9—Overtime, the longest spread of shift in any one day shall not exceed twelve and a half hours.

(5) In addition to breaks of at least half an hour, but not more than one hour each for meals, there may be a break of at least two hours during each shift. Such break of at least two hours may include a meal break.

8.—Additional Rates for Ordinary Hours. (1) A worker who is required to work any of his

ordinary days between 8 p.m. and 6 a.m. Monday to Friday both inclusive shall be paid at the rate of an extra fifteen cents per hour for each such hour worked.

(2) All ordinary hours worked on Saturdays shall be paid for at an extra twenty-flve per cent, and all ordinary hours worked on Sundays, shall be paid for at an extra fifty per cent.

(3) All ordinary hours worked on the half day referred to in subclause (1) of clause 6 of this award in any week, shall be paid for at the rate

30 October, 1968.] WESTERN AtTSTRALlAN INDUSTRIAL GAZETTE. 635

of an additional forty (40) cents for each such hour worked. This extra amount is additional to the rates applicable to such ordinary hours referred to in subclause (1) of Clause 6, pux-suant to subclause (1) and (2) of this clause.

(4) The foregoing rates shall not be in addition to the rates prescribed for casual or part-time workers.

9.—Overtime. (1) All work done outside the daily spread pro-

vided in clause 7 or beyond eight hours in any one day, or beyond forty hours in any one week, shall be deemed overtime.

(2) Overtime shall be paid for at the rate of time and a half for the first four hours on any day and double time thereafter, but this rate shall not apply where clause 6 (4) has application.

(3) Notwithstanding anything contained in this award—

(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) no organisation, party to this award, or worker or workers covered by this award, shall in any way, whether directly or indirectly be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

10.—Casual Workers. (1) A casual worker shall mean a worker

engaged on an hourly contract of service. (2) Casual workers shall be paid at the rate of

time and a half. (3) Casual workers shall not be engaged for less

than two consecutive hours. (4) The provisions of clauses 26, 27, 28 and 29

shall not apply to casual workers. (5) The rate of time and a half shall be in-

creased to'double time for work on the holidays referred to in clause 28.

11.—Part-time Workers. (1) Notwithstanding the provisions of clause 6

hereof, an employer shall be at liberty to employ part-time workers in the proportion of one part- time worker to every four full-time workers or part thereof.

(2) For the purpose of this clause, part-time workers means workers regularly employed on a weekly basis for not less than two consecutive hours per day and for a lesser period than forty hours per week and on not less than two or more than five days per week.

(3) Such workers whilst so employed shall be paid at the rate of twenty-five per cent, in addition to the ordinary rate reduced to an hourly basis; provided that this rate shall be increased to fifty per cent, for Sunday work and to one hundred per cent, for work on holidays referred to in clause 28.

(4) The provisions of clauses 26, 27 and 28 shall not apply to part-time workers.

12.—Board and Lodging. (1) No worker shall be compelled to board and/

or lodge on the employer's premises and it shall not be a condition of employment that any worker shall board and/or lodge on the employer's premises,

but where by mutual consent board and/or lodging is provided, the employer shall be entitled to deduct in respect of such worker the following amounts:—

(a) Full board and lodging—twenty-seven per cent, of the male basic wage.

(b) Full lodging—seven per cent, of the male basic wage.

(c) Full board of twenty-one meals per week —twenty per cent, of the male basic wage.

(d) The foregoing amounts shall be reduced pro rata for any period less than one week.

(2) Mutual consent for the purpose of this clause means a document which the worker has signed agreeing to the amount of board and/or lodging offered by the employer. Such agreement may be cancelled by either party giving seven days' notice in writing to the other party.

(3) Workers sleeping in shall be provided with a common sitting room apart from their bedrooms and shall have access to a properly equipped bathroom and also have access to a laundry at such times as are mutually agreed upon between the worker and the employer.

(4) Any dispute in respect of the application of this clause shall be referred to the Board of Reference.

• JIM 13.—Travelling Facilities.

(1) Where a worker is detained at work until it is too late to travel by the last ordinary bus, train or other regular conveyance to his or her usual place of residence the employer shall provide proper conveyance.

(2) This clause shall not apply to a worker who usually has his or her own means of conveyance.

14.—Junior Workers. (1) Male workers under the age of twenty-one

may be employed as junior workers in any of the occupations covered by this award, in the proportion of one junior to every two or fraction of two adult workers employed in the same occupation; provided that, where no adult is employed, one junior male may be employed, except in the kitchen.

(2) Subject to the provisions of the Licensing Act, 1911, female workers under the age of twenty- one may be employed in any of the occupations covered by this Award in the proportion of one junior to evey two or fraction of two adult females employed in the same occupation, provided that no junior female worker under the age of eighteen years shall be employed in the classification of housemaid.

(3) (a) 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. (iii) Name of each previous employer. (iv) Class of work performed for each previous

employer. (b) 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 mis-state 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.

15.—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.

16.—Higher Duties. Subject to the provisions of clause 17 any worker

performing work for more than two hours in any day on work carrying a higher prescribed rate of wage than that in which he is engaged shall receive such higher wage for the time so employed.

17.—Bar Work. Any worker, other than a night porter, who per-

forms the duties of a barman, that is actually dispensing drinks across the bar, shall be paid the same rate as provided for barmen under the Bar- maids and Barmen's Award, for the time so employed.

18.—Roster. (1) A roster of the working hours shall be ex-

hibited in the office of each establishment and in such other place as it_ may be conveniently and readily seen by each worker concerned.

(2) Such roster shall show— (a) the name of each worker; (b) the hours to be worked by each worker

each day and the breaks in shifts to be taken.

(3) The roster in the office shall be open for inspection by a duly accredited representative of the union at such times and place as the record book is so open for inspection.

(4) A duly accredited representative of the union shall be permitted to inspect the roster available to the workers not more than once in any week during the times the record book is so open for inspection. Provided that the duly accredited representative must notify the employer before entering the place where the roster is kept.

(5) Such roster shall be drawn up in such manner as to show the hours of each worker for one week in advance of the date of the roster, and may only be altered on account of the sickness or absence of a worker, or on account of any con- tingency that the employer could not reasonably foresee.

19.—Record. (1) The employer shall keep, or cause to be kept,

at his business premises or at each of them if more than one, a time and wages book wherein shall be entered the name and occupation of each

worker and in the case of junior workers, the-Age on his last birthday, the time each worker com- mences and finishes work each day, the hours worked by a worker each day, the total hours worked each week and the wages paid to each worker.

(2) The record shall be entered up from day to day.

(3) The word "book" for the purpose of this clause, shall include loose leaves if bound together and numbered consecutively.

(4) The employer and the worker shall be sever- ally responsible for the proper daily entering of the record, which shall be initialled, if correct, by the worker daily. The hours shown as worked in the record book shall be prima facie evidence of the correctness thereof in any proceedings for the enforcement of this award.

(5) The book shall be open to inspection by a duly accredited representative of the union, at the office of the employer, on days other than Satur- day and Sunday between the hours of 9 a.m. and 5 p.m. (except from 1 p.m. to 2 p.m.).

20.—Climbing Ladders and Cleaning of Public Lavatories.

(1) No female worker shall be required to climb ladders or any substitute therefore, for the purpose of cleaning electric fans, fan lights, walls or windows.

(2) No female worker shall be required to clean out men's public lavatories or men's lavatories within the employer's establishment.

(3) Nothing in this clause shall prohibit the cleaning by females of lavatories attached to a bedroom or a suite.

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

purpose of this award, a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to regulation 80 of the Industrial Arbitration Act (Western Austra- lian Industrial Commission) Regulations, 1964.

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

22.—^Breakdowns. 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.

23.—Headbands and Uniforms. (1) The employer may require plain white head-

bands to be worn by female employees. Aprons, caps, collars, cuffs or any special uniforms required to be worn shall be supplied by the employer and shall be the property of the employer. Black dresses as usually worn by housemaids and waitresses and standard type uniforms if in each instance are suitable and appropriate as ordinary street clothes shall not be deemed to be special uniforms within the meaning of this clause.


(2) Any dispute in respect to the application of this clause shall be referred to the Board of Reference.

24.—Laundering. (1) If an employer requires female employees

to wear aprons, caps, collars, cuffs or any special uniforms he shall pay to such employees forty cents per week for the laundering of same, otherwise he shall cause the same to be laundered at his own expense.

(2) If an employer requires coats to be worn by his male employees he shall pay them forty cents per week extra for the laundering of the same or cause such coats to be laundered at his own expense.

25.—Weekly Wage. (1) Wages shall be paid at least weekly. No em-

ployer shall hold more than one day's wages in hand.

Provided that whereby reason of this provision, wages become payable on a Sunday or a public holiday, such wages may be held in hand until the next following day.

(2) Workers whose weekly holiday or half day off falls on a pay day, shall be paid their wages upon a request from the worker to the employer, prior to the worker taking the day or half day off.

(3) Except for casual workers the contract of service shall be on a weekly basis; provided that one day's notice of termination of service may be given on either side.

26.—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 has already been allowed paid sick leave on one occasion, 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 no longer than from the end of the year in which it accrues.

27.—Annual Leave, (1) 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.

(2) 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.

(3) If, after one month's continuous service in any qualifying twelve monthly period, a worker lawfully terminates 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.

(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 as prescribed by this award shall not count for the purpose of determining his right to annual leave.

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

(6) 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.

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

28.—Holidays. (1) The following days shall be observed as paid

holidays—New Year's Day, Australia Day, Good Friday, Easter Monday, Labour Day, Anzac Day, Boulder Cup Day, Kalgoorlie Cup Day, Christmas Day, and Boxing Day, provided that all work done on any such days shall be paid for at the rate of double time.

(2) Where Christmas Day or New Year's Day falls on a Sunday, such holiday shall be oberserved on the next succeeding Monday and where Boxing Day falls on 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.

(3) On any public holiday not referred to herein, 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 and if work be done ordinary rates of pay shall apply.

(31—46331


29.—Long Service Leave. The long service leave provisions published in

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

30.—Change and Rest Rooms. Adequate change and rest rooms shall be

provided by the employer in cases where the employees do not reside on the premises. Such rest rooms shall be provided with table, chairs and a lounge, couch or bed. These workers shall have access to a bathroom.

31.—Preference. (1) In this clause, "the union" means The Hotel,

Club, Caterers, Tearoom and Restaurant Employees' Industrial Union of Workers, W.A. (Goldflelds 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 with 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.


(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 25 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 secton 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.

32.—Wages.

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

(1) Basic wage (per week) $ Males 33.50 Females 25.13

(2) Classification (margin per week over male or female basic wage):

Cooks—in establishments where three cooks are employed—

First cook 12.60 Second cook 9.10 Third cook 7.60

Where more than three cooks are employed the minimum shall be 7.60 Where two cooks are employed—

First cook 10.55 Second cook 8.25

Where only one cook is employed .... 9.30 Waiter 6.10 Kitchenman 4.90 Night Porter 4.95 Hall Porter 4.90 Steward 6.10 Lift Attendant 4.90 Yardman and other adult male

workers not otherwise specified .... 4.90 Waitress 6.10 All other females 6.10

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 30 October, 1968.]

(3) Juniors (per cent, of appropriate male or female basic wage per week): %

Under 18 years of age 50 18 to 19 years of age 65 19 to 20 years of age 80 20 to 21 years of age .... 95

(4) Liberty is reserved to the applicant Union to apply to amend this Award to provide for additional callings.

33.—District Allowances. In addition to the wages prescribed in clause 32

hereof, fifty cents per week shall be paid in the case of all male workers as a district allowance and in the case of females at the rate of seventy-five per cent, of such amount.

MEAT INDUSTRY. (Midland Junction Abattoirs.)



No. 220 of 1968. Between West Australian Branch, Australasian

Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Mid- land Junction Abattoir Board, Respondent.

Before Mr. Commissioner E. R. Kelly. The 11th day of October, 1968.

Mr. M. E. Burns on behalf of the applicant. Mr. L. E. Boylan on behalf of the respondent.

Judgment. THE COMMISSIONER: I think I would be wasting the time of the Commission and the time of the parties if I were to reserve judgment on this application and if I were to make inspections, as has been suggested by Mr. Burns.

The margin of $6.40 which is prescribed for a female spotter under the award at the present time was arrived at by consent of the parties when the present award was made on the basis that that was the margin then prescribed for a spotter under the Meat Export Award, and it was in relation to that margin (as Mr. Boylan has pointed out) that Mr. Commissioner Cort quite plainly fixed the rate for a wrapper and packer.

The margin of $6.40 has now been increased—by consent, it is true—in the Meat Export Award to a margin of $7.80, and a similar margin now applies to female spotters employed in the meat industry everywhere in Western Australia, with the exception of the Midland Abattoirs.

I think it most likely that had that margin of $7.80 applied in 1967'—had it applied generally and in the Meat Export Award—that is the margin upon which the parties would have agreed for inclusion in the Midland Award in lieu of the $6.40 on which they did, in fact, agree.

In the course of his judgment in 1967, Mr. Com- missioner Cort at p.753 of the gazette refused to accept the proposition of the union that the Meat Industry (State) Award should be followed to

ascertain the rate of the wrapper and packer, and he stated his reason for refusing to follow that award in the following terms:—

In the Meat Industry (State) Award, counterhands are also entitled to a margin of $5.45, even though in a 1960 decision the Con- ciliation Commissioner felt that counterhands selling uncooked and pre-wrapped meats to the public should receive a higher margin than wrappers and packers. With respect, I agree with that conclusion, and it follows that the Meat Industry (State) Award cannot be accepted as a reliable guide.

The defect which Mr. Commissioner Cort saw in the Meat Industry (State) Award in 1967 no longer exists because the margin now prescribed for a counterhand in that award is $7.60 in comparison with the rate for a wrapper and packer of $6.95; so that the provisions of that award now accord with the principle referred to by the Conciliation Commissioner in 1960 and endorsed by Mr. Com- missioner Cort in 1967.

I really think there can be no doubt that the margin for a female spotter in the Midland Award should now be brought into line with the margin which applies to female spotters employed elsewhere in the meat industry in this State. As I say, I am certain that had that situation obtained in 1967, that would have represented the figure consented to by the parties. As the margin of $6.95 for a wrapper and packer maintains approximately the relationship which was determined by Mr. Commissioner Cort in the Midland Award, I think that margin should also be allowed.

I draw attention to the fact that in fixing a margin of $4.50 in 1967 the Commissioner conceived himself to be fixing a minimum margin for female workers in the industry. I think this becomes relevant in turning to look at the question of the margin to be paid to the laundry workers. As i have mentioned in the course of the proceedings today, the respondent to the present application, free to make his own decision in the matter, decided to pay to laundry workers at the abattoirs the same rate of pay as was payable to general hands and wrappers and packers under the award. He did this notwithstanding the fact that sub- stantially lower rates of pay are prescribed in the Laundry Workers' Award in this State. Three other employers in the Meat Industry—namely, the employers at Derby, Broome and Wyndham—have independently made the same decision; that is, they have decided (and in so far as the two employers first mentioned are concerned, have expressed their decision in the terms of a consent award) that the same relationship should obtain, even though the margin prescribed in those awards differs from that at present prescribed in the Mid- land Award.

In the light of that and bearing in mind Mr Commissioner Cort's reference to the fixation of a minimum margin in the industry, I have no hesitation in saying that the Commission should not depart from that relationship here. As I have put to Mr Boylan in these proceedings, why should the Commission take a different view of the matter than four employers engaged in this industry, free to make their own decision, have taken of the relationship to be fixed?

I would accordingly grant the application with respect to the margins for the female spotter, the laundry hand, the wrapper and packer and the general hand.


During the proceedings Mr Boylan indicated that the employer consented to the application with respect to a freezer hand working in temperatures between 4° and 28°F. and to the claim for amendment of the special rates and provisions clause to make provision for ten cents per hour when the worker is working in a temperature below zero.

The Commission will draw up minutes of the amendment to the award. I imagine, as the minutes will follow the agreement of the parties in so far as those other matters are concerned, that the parties will not require an opportunity to speak to the minutes. The minutes will be available on Tuesday and the parties, after having a look at them, can advise Mr Smith whether they desire a speaking to the minutes or not.

Order accordingly.


No. 220 of 1968.

Between West Australian Branch, Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Mid- land Junction Abattoir Board, Respondent.

HAVING heard Mr. M. E. Burns on behalf of the applicant and Mr L. E. Boylan on behalf of the respondent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Meat Industry (Midland Junction Abattoir) Award No. 11 of 1966, as amended, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 18th day of October, 1968. [L.S.] (Sgd.) E. R. KELLY,

Commissioner.

Schedule. 1. Clause 17. Wages:

(a) Delete paragraph (b) of subclause (7) of this clause and insert in lieu thereof—

(b) Freezers— $ (i) Freezer hand being a

worker who is required to work in a temperature between 4 degrees and 28 degrees fahrenheit .... 10.70

(ii) Leading hand in charge of two or more freezer hands shall be paid 70 cents per day in addition to the rate prescribed in (i) above.

(hi) Tally clerk 11.70 (iv) General hand cleaning

down and carrying out any other work associated with that performed by other workers classified in this paragraph .... 7.35

$ (b) Delete subclause (10) of this clause

and insert in lieu thereof— (10) Adult Female Workers (mar-

gin per week): (a) Spotter being a worker

who may use a knife, shears or scissors to re- move hair, dirt or pieces of sinew and fat but who is not required to otherwise perform the work, except cleaning down, of a slicer or trimmer specified in clause 27, Boning and Slicing or Trimming —Additional Conditions of Employment 7.80

(b) Laundry hand—a worker receiving, sorting, folding, numbering and handing out soiled or laundered clothing 6.95

(c) Wrappers and packers .... 6.95 (d) General hand making up

and stencilling cartons, cutting up polythene or stencilling stockinet or hessian wraps 6.95

(e) A female worker who per- forms duties other than those specified in (a), (b), (c) and (d) hereof shall be paid the margin prescribed for an adult male worker performing those duties.

2. Clause 29. Special Rates and Provisions: Delete subclause (3) of this clause and insert in lieu thereof—

(3) A worker required to work in a temperature below 4° fahrenheit shall be paid five cents per hour extra whilst so employed, unless the temperature is below zero in which case he shall be paid ten cents per hour extra whilst so employed.

MUNICIPAL OFFICERS. (Shire of Perth.)



Between Municipal Officers' Association of Austra- lia, Western Australian Branch, Union of Workers, Applicant, and Shire of Perth, Re- spondent.

HAVING heard Mr. A. C. Sorensen on behalf of the applicant and Mr. H. J. deBurgh on behalf of the respondent, and by consent, I, the undersigned. Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Shire of Perth Officers' Award No. 2 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 20.—Salaries: In paragraph (b) of sub-

clause (2) of this clause add after the classification Assistant Building Surveyor the following classification namely—

ABC Assistant to the Building

Surveyor $3,417 $3,587 $3,757

PRINTING. (Government Printing Office.)



Between Printing and Kindred Industries Union, Western Australian Branch, Industrial Union of Workers, Applicant, and Government Printer, Respondent.

HAVING heard Mr. J. Williams on behalf of the applicant and Mr. L. E. Boylan on behalf of the respondent, and by consent, I, the undersigned, Commissioner of The Western Australian Indus- trial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Printing (Government Printing Office) Award No. 3 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 21st day of October, 1968. (Sgd.) D. CORT,

[L.S.I Commissioner.

Schedule. Clause 10: Rates of Wages: Delete subclauses

(2), (5), (6), (7), (9) and (10) of this clause and insert in lieu thereof:

(2) Adult males (Margin per week): $ (a) Machine compositor 31.65 (b) Monotype operator—in charge .... 35.75 (c) Linotype attendant 14.30 (d) Composing room mechanic .... 25.00 (e) Composing room mechanic—in

charge 30.50 (f) Monotype mechanic 25.00

(i) Monotype caster attendant— 1st year 14.25 2nd and 3rd year 17.30 4th and 5th year 20.80 Over 5 years 25.00

$ (Provided that payment

of the maximum (over five years) rate of wages shall be subject to certification to the Government Printer that the employee is capable of and is taking full charge of Monotype casting machines.)

(g) Monotype mechanic in charge .... 30.50 (h) Hand compositor 25.00 (i) Proof reader or reviser 26.80 (j) Stereotyper 25.00 (k) Letterpress machinist 25.00

(ka) Letterpress Rotary Machinist .... 27.45 (1) Perfector operator 27.45 (m) "B & V" rotary tram ticket

machine operator 27.45 (n) Railway ticket printer (present

occupant only) 30.50 (o) Lithography and photo-lith-

ography— (i) Artist or designer or commer-

cial artist 28.40 (ii) Camera operator 28.40

(iii) Dot etcher and retoucher .... 28.40 (iv) Manual or mechanical trans-

ferer 25.00 (v) Metal plate coater or photo

composer or contact printer down 25.00

(vi) Lithographic machinist .... 25.00 (via) Small offset lithographic print-

ing machinist 25.00 (vii) Lithographic machinist (two

colour) 27.45 (viii) Plate grainer 8.60

(p) Process engraving or photo engraving— (i) Artist or designer or commer-

cial artist 28.40 (ii) Camera operator 28.40

(iii) Etcher 28.40 (q) Head photo or lithographic camera

operator 33.85 (r) Paper ruler 25.00 (s) Will padmaking machine operator 27.45 (t) Bookbinder 25.00 (u) Operator of both the "Flexiback"

booklining and the "Brehmer" covering machine 27.45

(v) Operator of folding machines .... 27.45 (w) Operator of "Vale" machines .... 27.45 (x) Operator of envelope making and

die cutting machines 27.45 (y) Guillotine machine operator .... 25.00 (z) Stencil preparer 25.00

(aa) Power-driven screen printing- machine operator 16.15

(ab) Screen attendant 9.75 (ac) Senior letterpress machine room

assistant 8.60 (ad) Storeman or van driver 8.70 (ae) Lithographic machine assistant .. 8.60 (af) Rollermaker or metal worker .... 7.80


$ (ag) Letterpress machine room assist-

ant 7.80 (ah) Assistant storeman 6.35 (ai) Senior despatch/packer 11.35 (aj) Head storeman secondary store .... 15.05 (ak) Head storeman main store .... 15.05 (al) Senior storeman 11.35

(5) Adult females (Margin for week): (a) Hand or machine sewer 11.90 (b) Bookbinder 11.90 (c) Feeder 11.90 (d) Copy holder 11.90 (e) Senior copy holder 14.20 (f) Stamp perforator 14.20 (g) Small offset lithographic print-

ing machinist 25.00 (6) Leading hand—female: A leading hand

shall be paid two dollars and twenty cents per week in addition to the rate prescribed for her class of work.

(7) Deputy forewoman 16.00 (9) Junior Workers—male (per cent, of

male basic wage): % Under 16 years of age 37i- 16 to 17 years of age 471 17 to 18 years of age 57J 18 to 19 years of age 72i 19 to 20 years of age 85 20 to 21 years of age 100

(10) Junior Workers—female (per cent, of or margin over female basic wage):

16 years of age and under 60 17 to 18 years of age 674 18 to 19 years of age 80 19 to 20 years of age 90 20 to 21 years of age 100

plus $2.50

RADIO AND TELEVISION WORKERS. Award No. 20 of 1964.


No. 295 Of 1968. Between Electrical Trades Union of Workers of

Australia (Western Australian Branch) Perth, Applicant, and A. Michael and others, Respond- ents.

HAVING heard Mr. O. K. Salmon on behalf of the applicant and Mr J. M. Ince on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, 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.



Schedule. Clause 29—Wages: Delete subclauses (1), (2) and

(3) of this clause and insert in lieu thereof:— $

(1) Basic Wage (per week) 33.50 (2) Classifications and margins per week:

(a) Serviceman .... 19.40 (b) Serviceman who is not usually em-

ployed in or about his employer's business premises 23.00

(c) Antenna and T.V. installer .... 9.35 (d) Bench assembler 5.10

(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 two dollars and seventy cents per week extra;

(b) more than ten and not more than twenty other workers shall be paid four dollars and eighty- five cents per week extra;

(c) more than twenty other workers shall be paid seven dollars and fifteen cents per week extra.

RAILWAY EMPLOYEES. Award No. 3 of 1961.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION

No. 246 Of 1968. Between The Western Australian Government Rail-

ways Commission, Applicant, and Federated Moulders (Metals) Union of Workers, Perth and others, Respondents.

HAVING heard Mr. R. Thorpe on behalf of the applicant and Mr. B. O'Connor on behalf of the Federated Moulders (Metals) Union of Workers, Perth, Mr. J. Mutton on behalf of the Coastal Dis- trict Committee Amalgamated Engineering Union Association of Workers and Australasian Society of Engineers' Industrial Union of Workers, Western Australian Branch, Mr. R. Fletcher on behalf of the Electrical Trades Union of Workers of Aus- tralia (Western Australian Branch), Perth, and Mr. P. Wilson on behalf of the West Australian Amal- gamated Society of Railway Employees Union of Workers, respondents, and by consent, I. the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbi- tration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, 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.


[L.S.l Commissioner,


Schedule. 1. Clause 33.—Apprentices: Delete subclause

(2) and insert in lieu thereof:— (3) Apprentices shall be allowed to the

following trades:— (a) Blacksmith. (b) Fitter (Mechanical). (c) Fitter (Electrical). (d) Painter. (e) Carpenter. (f) Car and Wagon Builder. (g) Plumber. (h) Motor Mechanic. (i) Saw Doctor. (j) Turner and Iron Machinist, (k) Trimmer. (1) Watch and Clock Repairer,

(m) Coppersmith. (n) Wood Machinist. (0) Panel Beater. (p) Sheet Metal Worker. (q) Scale Adjuster. (r) Patternmaker. (s) Automotive Electrical Fitter. (t) Electroplater. (u) Moulder. (v) Telephone Technician,

(w) Boilermaker. (x) Electrical Installer. (y) Instrument Maker and/or Repairer.

2. Clause 45.—Apprenticeship: Subclause (1) Arrangement. Delete this sub-

clause and insert in lieu thereof:—

1.—Arrangement. (1) Arrangement. (2) Definitions. (3) Selection of Apprentices. (4) Employment—Probation. (5) Agreement of Apprenticeship. (6) Transfer of Apprentices. (7) Cancellation of Agreement. (8) Extension of Term. (9) Technical Education Classes.

(10) Examinations. (11) Lost Time. (12) Guaranteed Week. (13) Miscellaneous. (14) Proportion of Apprentices. (15) No Victimisation. (16) Right of Intervention.

Forms A, B, C, D, E and F. Subclause (3) Selection of Apprentices—

Delete paragraphs (a) and (c) and insert in lieu thereof:—

(a) When apprentices are required, applications shall be invited by advertisement in the public Press. Applications received shall be reviewed in the first instance by a Board to be called the "Apprentices' Application Board", consisting of a chairman to be

appointed by the Commission, a representative appointed by the employer, and a representative appointed by the unions parties to this Award. The Board shall notify selected applicants to appear before the Apprenticeship Selection Board, hereinafter mentioned, at a time and place to be indicated; free passes being issued for the purpose.

(c) There shall be two Apprenticeship Selection Boards representing the trades grouped as follows:— (i) Automotive Electrical Fitters.

Blacksmiths, Boilermakers. Coppersmiths. Electrical Installers. Electro-platers. Fitters—Electrical. Fitters—Mechanical. Instrument Maker and/or Re-

pairer. Motor Mechanics. Moulders. Patternmakers. Scale Adjusters. Telephone Technicians. Turner and Iron Machinists. Amalgamated Engineering Union. Australasian Society of Engineers. Boilermakers' Society. Electrical Trades Union. Moulders' Union.

(ii) Car and Wagon Builders. Carpenters. Machinists (Wood). Painters. Panel Beaters. Plumbers. Saw Doctors. Sheet Metal Workers. Trimmers. W.A. Amalgamated Society of Railway Employees.

Subclause (5) Agreement of Apprentice- ship—Delete paragraph (a) and insert in lieu thereof:—

(a) All agreements of apprenticeships shall be drawn up in Form "E" annexed hereto and signed on behalf of the employer by the Head of Branch, or by the Assistant Head of Branch or Chief Clerk for the Head of Branch, the legal guardian of the Apprentice (if any), the apprentice, and filed with the Registrar. The employer, guardian or apprentice shall not enter into any agreement or undertaking purporting to add to, vary, alter or amend any such agreement without the approval of the Commission.

3. Specimens of Forms A, B, C, D, E, F and G— Delete specimen of form G,


SEAMEN. (Deckhands, Firemen and Deckboys.)

Fremantle Port Authority. Award No. 9 of 1967.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION

No. 363 of 1968. Between Amalgamated Seamen and Dockers' Union

of Western Australia, Union of Workers, Appli- cant, and Fremantle Port Authority, Respon-

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, Commissioner of The Western Australian Indus- trial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Fremantle Port Authority (Deck- hands and Deckboys) Award No. 9 of 1967, 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 8.—Rates of Pay: Delete existing

paragraph (1) and insert in lieu thereof— (1) The rates of pay for deckhands shall be

as follows— Basic Wage (per week)—$33.50. Margin (per week)—$12.40. Plus an allowance, payable weekly, for

shift work, weekend work and holiday work, the amount of such allowance being equal to twenty per centum of the weekly wage.

2. Clause 21.—Rates of Pay: Delete this clause and insert in lieu thereof—

21.—Rates of Pay. Basic Wage (per week)—$33.50. Margin (per week)—$12.40. Wages shall be payable weekly.

SEAMEN. (Port Hedland.)

Award No. 20 and 27 of 1966. BEFORE THE WESTERN AUSTRALIAN


Between Amalgamated Seamen and Dockers' Union of Western Australia, Union of Workers, Appli- cant, and Goldsworthy Mining Limited, Respondent.

HAVING heard Mr. P. L. Troy on behalf of the applicant and Mr. H. J. DeBurgh on behalf of the respondent, and by consent, I the undersigned,


That the Seamen's (Port Hedland) Award No. 20 and 27 of 1966, 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.—Rates of Pay: Delete this clause and

insert in lieu thereof:—

5.—Rates of Pay. $

(1) Basic Wage (per week): 33.50 (2) Margins (per week):

Deckhand 12.40 Leading Deckhand 13.20 Fireman and Wiper 12.40 Greaser 13.20

(3) Casual Workers: A Casual Worker shall be paid fifteen per cent, of the ordinary rate in addition to the ordinary rate for his class of work.

STEVEDORING. (A.W.U.)



No. 330 of 1968.

Between Australian Workers' Union, Westralian Branch, Industrial Union of Workers, Appli- cant, and Hon. Minister controlling the Harbour and Light Department, Respondent.

HAVING heard Mr. H. Barry 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 Industrial Arbitration Act, 1912-1966, and all other powers therein enabling me, do hereby order and declare—

That the Australian Workers' Union Steve- doring Industry Award No. 19 of 1968, 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 27th day of September, 1968. (Sgd.) B. M. O'SULLIVAN,



Schedule. Clause 7.—Wages: Delete this clause and insert

in lieu thereof:— Clause 7.—Wages.

(1) Basic Wage: $33.50 per week to be calculated on an hourly basis.

(2) (a) Margins: There shall be added to the hourly rate of wage as arrived at by dividing the basic wage by thirty, such an amount or amounts as shall make the ordinary hourly rate payable at the various ports equal to the following—

Per Hour $

Carnarvon 1.5348 Onslow 1.5848 Point Samson 1.5848 Port Hedland 1.5848 Broome 1.5848 Derby 1.5848 Wyndham 1.6015

(b) A worker employed as a driver of a shore based mechanical crane, mobile crane, or fork lift, shall while so employed, be paid $0.0977 per hour in addition to the hourly rate prescribed by paragraph (a) hereof.

(3) Provided that a district allowance at the following rates: Carnarvon, $1.50; Onslow, Point Samson, Port Hedland, Broome and Derby, $3.00; Wyndham, $3.50; calculated on an hourly rate using a divisor of thirty shall be paid as an additional flat rate loading during all time of duty. Provided further- that the additional flat rate loading prescribed in this subclause shall not be subject to multiplication in the calculation of penalty rates.

TYPEWRITER AND OFFICE MACHINE MECHANICS.



Between Australasian Society of Engineers' Indus- trial Union of Workers, Western Australian Branch, Applicant, and E. C. Scott & Co. Ltd. and others, Respondents.

HAVING heard Mr R. Anderson on behalf of the applicant and Mr J. M. Ince on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Typewriter and Office Machine Mechanics Award No. 10 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 26th day of September, 1968. (Sgd.) D. CORT,


Schedule. Clause 6—Wages: Delete this clause and insert in

lieu thereof:— Clause 6.—Wages.

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

(b) (i) Mechanic (Office Machines)— Males

(ii) Mechanic who makes parts for, and/or repairs and/or adjusts any of the following machines: Electri- cal and manual accounting machines, book-keeping machines (except single total non-posting type adding machines) and multi- ple total itemising machines— Males

(iii) Adult females (c) Junior Workers (per cent, of male or

female basic wage per week): Males—

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

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

(d) Apprentices (wage per week): Five-year term—

First year Second year Third year Fourth year Fifth year

Four-year Term— First year Second year Third year Fourth year

Three-year Term— First year Second year Third year

(e) Leading Hands—Leading Hand in charge of:— (i) Not less than three and not more

than ten other workers shall be paid two dollars and seventy cents per week extra.

(ii) More than ten and not more than twenty other workers, shall be paid four dollars and eighty-five cents per week extra.

(iii) More than twenty other workers shall be paid seven dollars and fifteen cents per week extra.

(f) Casual Workers: Any worker dismissed through no fault of his own before the expiration of one week of his employment shall be considered casual and shall receive ten per cent, above the rate specified for the work performed.


VEHICLE BUILDERS. Award No. 13 of 1967.


No. 319 of 1968. Between the West Australian Vehicle Builders' In-

dustrial Union of Workers. Applicant, and Boltons Pty. Ltd., Ford Motor Co. (Aust.) Pty. Ltd. and others, Respondents.

HAVING heard Mr. G. E. Wilson on behalf of the applicant and Mr. H. J. de Burgh on behalf of the respondents, and by consent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Vehicle Builders' Award No. 13 of 1967 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 9—Wages: Delete this clause and in-

sert in lieu thereof:— 9.—Wages.

The minimum rates of wages payable to workers under this award shall be—

(1) Basic Wage (Per Week): $ Adult Males 33.50 Adult Females 25.13

(2) Adult Male Classifications (Margin Per Week):

Coachsmith 19.40 General smith .... 19.40 Springmaker and/or fitter on

vehicles 19.40 Body maker .... 19.40 Panel beater .... 19.40 First class welder 19.40 Second class welder 6.80 Third class welder 5.75 Fourth class welder 5.10 Painter 17.60 Spray painter .... 17.60 Trimmer 17.60 Signwriter (vehicle building and re-

pair trade) .... 17.60 Wood machinist 15.75 Lead wiper and/or metal finisher 13.85 Sectional trimmer 9.45 Metal panel fixer 8.00 Caravan panel fixer 8.00 Painter's labourer 4.20 Assembler viceman 6.00 Smith's striker 4.75 Storeman 5.20 General labourer Nil

(3) Adult Females (Margin Per Week): Sewing machinists—

First year's experience Nil Thereafter Nil

(4) Junior Workers (Per cent of Basic Wage Per Week): %

Up to 16 years of age 30 16 to 17 years of age 35 17 to 18 years of age 45 18 to 19 years of age 55 19 to 20 years of age 65 20 to 21 years of age 85

(5) Apprentices (Wage Per Week): Five-year term— $

First year 12.70 Second year 18.10 Third year 24.60 Fourth year 32.50 Fifth year 40.20

Four-year term— First year 13.80 Second year 24.60 Third year 32.50 Fourth year 40.20

Three-year term— First year 19.20 Second year 32.50 Third year 40.20

(6) Minimum Wage: (a) Notwithstanding the provisions of this

clause no adult male worker shall be paid less than thirty-seven dollars fifty-five cents per week as ordinary rates of pay in respect of the ordinary hours of work prescribed by this award.

(b) Where a minimum rate of pay as aforesaid is applicable to a worker for work in ordinary hours the same rate shall be applicable to the calculation of overtime and all other penalty rates, payment during sick leave and annual leave and for all other purposes of this award.

2. Clause 10—Special Rates and Provisions. Delete subclause (1) and insert in lieu thereof—

(1) Leading Hands— A worker placed in charge of—

(a) Not less than three and not more than ten other workers shall be paid two dollars and seventy cents per week extra;

(b) more than ten and not more than twenty other workers shall be paid four dollars and eighty-five cents per week extra;

(c) more than twenty other workers shall be paid seven dollars and fifteen cents per week extra.

3. Clause 12.—Contract of Service: Delete subclause (1) and insert in lieu thereof—

(1) The contract of service shall be by the week and shall be terminable by one week's notice, except—

(a) in the case of a casual worker when one hour's notice shall be given, and

(b) for the first month of employment when one day's notice shall be given.

If the required notice is not given either by the employer or the worker, one week, one day or one hour's pay shall be either paid or forfeited as the case may be.

647

AWARDS-

Application for Amendment of-

OIL REFINERY WORKERS. Award No. 7, 13, 21, 22 and 23 of 1958.

BEFORE THE WESTERN AUSTRALIAN INDUSTRLAL COMMISSION.

No. 184 of 1968. Between Electrical Trades Union of Workers of

Australia (Western Australian Branch), Perth, Applicant, and B.P. Refinery (Kwinana) Pty. Ltd., Respondent.


Mr. O. K. Salmon on behalf of the applicant. Mr. G. J. Martin on behalf of the respondent.

Judgment. THE COMMISSIONER: This is an application by the Electrical Trades Union of Workers of Australia (Western Australian Branch) to amend the Oil Refinery Workers' Award by adding a classification "electrical fitter engaged on sub-station work" with a margin in excess of that for an electrical fitter and by providing an additional margin for electrical workers who hold an electrical worker's licence.

Apart from evidence and inspections that were aimed at convincing the Commission that a special classification was necessary to provide adequate coverage for electrical fitters engaged on sub-station work, the applicant relied on a comparison with certain workers in the State Electricity Commission and on a provision in the Engineering (Oil Com- panies) Federal Award which is in these terms—

Additional margin for a tradesman who carries out the duties of an electrical fitter and who, in addition, having undergone the requi- site period of training, may be required to and is competent to carry out the maintenance, testing and/or switching of automatic equipment associated with ground sub-stations . . . $2.20 per week.

Since 1962 the Engineering (Oil Companies) Award has provided the base upon which marginal rates in the Oil Refinery Workers' Award have been erected, the practice having been to adopt the rate for a fitter prescribed from time to time in the Federal Award and then to vary the margins for the other classifications in the Kwinana Award in the same proportion as the fitter's margin had been varied. There appears to be no doubt that that practice has redounded to the advantage of quite a number of employees at the oil refinery including those electrical fitters who are classified, outside the award, as "authorised persons" and whose duty it is to isolate electrical equipment so that it may be worked on without risk and without affecting the operations of the plant. That being the case, it is readily understandable that the principal objection raised by the respondent to the present application should have been, as it was, that the application, if allowed, would constitute a de- parture from the accepted method of wage fixation and adjustment in this industry. However, whilst I understand the objection I do not think that it is valid. The system of wage adjustment that has been adopted in this industry has as its root and reason the maintenance of a percentage relationship between classifications provided for in the

award and the maintenance of a broad compara- bility between rates for workers at Kwinana and those employed in refineries elsewhere in Australia and I am quite unable to see that the inclusion of an additional classification in the award would be inconsistent or incompatible with that system of adjustment. It certainly would not be so if a new classification were inserted to recognise the existence of a new occupation, and there is, in my opinion, no difference in principle if the new classification is found to be necessary in order to provide adequately for work which, though not new, has not been properly recognised in the past.

The dismissal of the respondent's principal objection does not necessarily mean, however, that the application should be allowed. There can be no doubt, of course, that if the Court of Arbitration in 1962 and the parties since that time had fixed and adjusted rates of pay in the Oil Refinery Work- ers' Award on a point-to-point comparison with the Engineering (Oil Companies) Award, the applicant would at least be in a position to claim that electrical fitters employed on sub-station work at the Kwinana refinery should be treated no less favour- ably than their counterparts under the Federal Award. Even if that had been the case, however, I could not be certain, on what has been put to me in the present proceedings, of the manner in which the provision in the Federal Award set out above is applied in practice, nor would I be able to say whether, and if so to what extent, the employment of "authorised persons" at the Kwinana refinery should affect any comparison that might be made. As I have explained, however, neither the Court of Arbitration nor the parties made direct- use of the Federal Award except to establish the rate for a fitter and, that being the case, the applicant, in order to succeed in these proceedings, must show that the nature of the work is such that it should attract a higher rate than the work ordin- arily performed by electrical fitters. In that regard it is, I think, clear that an electrical fitter would require a period of training in order to be able to perform the work in question and I think, too, that it is work for which a particular aptitude is required. To some extent, of course, a similar observation may be made about many types of work in almost any trade and it is the mark of the tradesman that, due to his basic training, he is able to adapt himself to new equipment, new situations and new experience. There is, nevertheless, a point at which the scope of the ordinary tradesman's work must be said to end and beyond which a higher rate of pay is justified and I am inclined to the view, though I am not able to reach a firm conclusion on the point on what has been put to me in the present proceedings, that the sub-station work at the refinery should be regarded not simply as a part of the electrical fitter's trade but as an extension of it.

In view of the matters on which I have been unable to reach a firm conclusion, I have considered whether I should dismiss this application or whether I should seek further information pursuant to section 69 of the Act or whether I should adjourn the matter sine die in order to give the parties an opportunity to confer in the light of the observations that I have made. I have finally decided to adopt the last-mentioned course. In doing so I stress that, although I charge the parties with the responsibility of conferring in good faith, they are not obliged to reach agreement although I hope, of course, that they will do so. I think the parties will realise that the application raises a number of issues that are more far reaching and of wider

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [30 October, 1968. 648

significance than the point immediately in dispute and those issues should be carefully considered by the parties in their discussions.

The claim for an additional margin for an electrical worker who holds a licence is refused for the reasons given in Application No. 211 of 1968. In addition I observe that the Engineering (Oil Com- panies) Award which makes provision for an additional margin for an electrical tradesman who is licensed to perform "every class of electrical wiring work" would not support the claim in its present form. Purthermore, it is a claim that should be looked at, in my opinion, only in the course of a complete review of marginal rates and not by way of piecemeal variation.

For the purpose mentioned above the application will be adjourned sine die. When the parties have completed their discussions with respect to sub- station work they may see me in Chambers to settle the ultimate fate of the application.


STEEL INDUSTRY WORKERS. (Australian Iron and Steel Pty. Ltd.)



Between Electrical Trades Union of Workers of Australia (Western Australia Branch), Perth, Applicant, and Australian Iron and Steel Pty. Ltd., Respondent.


Mr. O. K. Salmon on behalf of the applicant. Mr. G. J. Martin on behalf of the respondent.

Judgment. THE COMMISSIONER: This is an application by the Electrical Trades Union of Australia (Western Australian Branch) to amend the Steel Industry Workers' Award No. 24 of 1962. The application seeks to alter the schedule of wages in three ways, namely-—

(a) by increasing the margin for electrical fitters;

(b) by prescribing an additional margin for electrical fitters who hold an electrical worker's licence; and

(c) by adding a classification "electrical fitter's assistant" with a margin higher than that currently prescribed for other tradesmen's assistants.

The margin for electrical fitters in this industry has, since the first State Award in this industry, been the same as the margin prescribed from time to time for that classification in the Metal Trades (General) Award and as recently as the 13th September last the Steel Industry Award was amended consequent upon an amendment to the Metal Trades (General) Award so as to bring the margin for electrical fitters to $19.40. The claim that is made in these proceedings is for a margin of $20.50 for an electrical fitter who does not hold a licence and for a margin of $22.50 for one who holds a licence.

In the case presented by the applicant the Com- mission is asked to make an assessment of the value of the work of an electrical fitter employed in this industry and, in making that assessment, the Commission is asked to have regard for a decision of the Chairman of the Electricians', etc. (State) Conciliation Committee (New South Wales) given on the 19th April, 1968, as a result of which margins of the amounts now claimed here were awarded in the Electricians' etc. (State) Award. The Commission is also asked to take into consideration an award of the Commonwealth Con- ciliation and Arbitration Commission made by consent and known as the Electrical Contracting In- dustry Award, 1964.

To assist the Commission in making an assessment, evidence was given of some of the work performed by electrical fitters in this industry and a further description of that work was given during an inspection of the respondent's plant. In the result I am not at all unappreciative of the skill that is exercised by and the responsibility that falls upon electrical fitters in this industry, but I have nevertheless come to the conclusion that It would not be just and equitable in these proceedings to follow the course proposed by the applicant. I have come to that conclusion for a number of reasons but it is, I think, sufficient to refer to only one of them to make it clear why this application should be refused.

In the Wages Schedule to this award, the following classifications appear, namely, fitter— mechanical, fitter—electrical, millwright, motor mechanic, first class machinist, and first class welder. For each of those classifications the same marginal rate is prescribed thereby indicating an acceptance by the parties and by the Commission that the skill exercised by workers in each of those classifications is about the same. Moreover, to the extent that the margin for those classifications has been taken from the Metal Trades (General) Award, there is more than an uncritical acceptance of parity in skills for the margin for those classifications was fixed in that award in 1966 after an extensive examination of the work of those, and many other classes, of tradesmen; and to the extent that the margin currently prescribed in the Metal Trades (General) Award reflects the findings of the Commonwealth Conciliation and Arbitration Commission in the Federal Metal Trades' case, I think a similar observation must be made. It may be that electrical fitters exercise a higher degree of skill than some other tradesmen but, whatever the extent of that skill may be, it was taken into consideration and given due weight in arriving at the margin to be paid to all tradesmen. To fix a higher margin for electrical tradesmen now, before the term of the Metal Trades (General) Award has run its course, would, in my opinion, be an improper exercise of the Commission's discretion. Moreover, even if the Commission disregarded the influence of the Metal Trades (General) Award and restricted its consideration to the Steel Industry Workers' Award, it would be plainly indiscreet to alter the marginal relationship between the various categories of tradesmen and other workers, in the metal trades' section at least, without an examination of the work of all relevant classifications.

The claim for an additional margin for posses- sion of an electrician's licence must, for reasons similar to those already given, be disallowed at this time. There can surely be no doubt in the mind of the applicant that, to the extent that the


work of electrical tradesmen influenced the fixation of tradesmen's margins in 1966, it was the licensed electrical tradesman that the Commission had in view. Indeed, it would have been quite unthink- able for the Commission to have done otherwise owing to the fact, that, with an exception that I will mention in a moment, only licensed electrical tradesmen may carry out electrical work in this State. The exception is, of course, those persons (such as workers from overseas) who are issued with a temporary permit to perform certain electrical work pending their taking the licence examination, but it is not the Commission's practice to fix a margin for all workers in a particular calling on the basis of the exceptional case. The facts that I have just mentioned are sufficient, in my view, to distinguish the situation in Western Aus- tralia from that which appears to have confronted the Electricians' etc. (State) Conciliation Com- mittee in New South Wales, for the evidence before that Committee suggests that approximately 40 per cent, of electricians in New South Wales are un- licensed.

The remaining issue relates to the margin for an electrical tradesman's assistant. I have no reason to think that the work of such a worker in this industry differs in any material respect from the work of an electrical tradesman's assistant under the Metal Trades (General) Award and the margin prescribed in that award has been adopted in this industry. It is true that the work of tradesmen's assistants was not examined in 1966 but in May of this year (48 W.A.I.G. 135) in proceedings that are well known to the parties, the Commission offered the parties to the Metal Trades (General) Award the opportunity of a work value assessment of semi- skilled classifications in that award and a further review of tradesmen's rates. The parties to that award did not, however, take advantage of that opportunity but, after lengthy negotiations, settled their differences by consent. I do not criticise them for doing that. On the contrary, I congra- tulate them as, indeed, I did when they presented the consent variation for the Commission's approval. At that time, however, I also made it clear that I accepted that consent schedule on the basis that it represented the views of the parties as to the proper relativities between the various classifications shown therein with the exception of those classifications on which the parties had agreed that liberty be reserved. Liberty was not sought with respect to the classification "tradesman's assistant" and I would not be prepared to review the margin for that classification under the Metal Trades (General) Award until the term of that award expires. Now it is true that in proceedings in Chambers prior to the consent variation being made, Mr. Salmon advised me that the Elec- trical Trades Union had agreed to that variation on the understanding that it was without prejudice to other claims which that union had before the Commission. In refusing the present application with respect to electrical tradesmen's assistants, as I do, I make it clear that I have not been influenced by the fact that the Electrical Trades Union agreed to a certain margin for tradesmen's assistants in the Metal Trades (General) Award. On an application to amend the Steel Industry Workers' Award I cannot, however, overlook the long-standing relationship between that award and the Metal Trades (General) Award nor the fact that that relationship constituted the basis on which the margin for tradesmen's assistants in the

steel industry was fixed when the present award was made. Furthermore, I have yet to be con- vinced that a higher value should be placed on the work of an electrical tradesman's assistant than on the work of other tradesmen's assistants.

The application is accordingly refused. Decision accordingly.

STEEL INDUSTRY WORKERS. (Australian Iron and Steel.)

Award No. 24 of 1962.


No. 244 of 1968. Between Coastal District Committee Amalgamated

Engineering Union Association of Workers and others, Applicants and Australian Iron and Steel Pty. Ltd., Respondent.

Before Mr. Commissioner D. E. Cort. The 22nd day of October, 1968.

Mr. J. H. Mutton on behalf of the Coastal District Committee Amalgamated Engineering Union Asso- ciation of Workers.

Mr. H. Barry on behalf of the Australian Workers' Union, Westralian Branch, Industrial Union of Workers.

Mr. J. M. Ince on behalf of Australian Iron and Steel Pty. Ltd.

Judgment. THE COMMISSIONER: This is an application by the several unions party to the Steel Industry Award No. 24 of 1962 to further amend that award by adding to clause 6.—Hours of Work a provision that the ordinary working hours of day workers shall commence and terminate at the security office of the section in which each worker is employed. It is understood that on the issuance of this decision the unions will then consider whether an application should be made to the Commission in relation to shift workers.

It may be said that the application arises from a compulsory conference called in June, 1968 when workers, members of the Amalgamated Engineering Union, the Boilermakers' Society and the Electrical Trades Union employed at the sinter plant and raw material workshop (hereinafter called "the workshop" of Australian Iron and Steel Pty. Ltd. at Kwinana, refused to report to their designated place of work at the ordinary starting time (48 W.A.I.G. 333). The "workshop" is some distance from the security office (or patrol office) which must be passed by the workers employed thereat and has only been in use since June last. Before then these workers had been required to start work at a shop which was situated at a short distance from the same patrol office.

The basic submission put on behalf of the applicants was that it was anomalous for workers required to work some distance from a patrol office to start and finish their ordinary daily hours at the same time as workers employed in the near vicinity of such office. It was said that in view of the distance to be walked the firstmentioned workers were under the "control" of the employer for a longer period for no additional remuneration. In reply the employer maintained that, in accord with

650 WESTEilN AUSTRALIAN INDUSTRIAL GAZETTE. [30 October, 1068.

established industrial principles, each worker should start and finish his ordinary daily hours at a designated place of work and that the practice followed at the Kwinana plant was not unjust.

To better understand these respective submissions it is desirable to refer to the practices presently in force at the Kwinana plant and to the expansion which has recently taken place at that plant. This is necessary for the question of whether the employer is acting in a. reasonable manner has been raised, and it appears that some misconceptions may still exist in relation to these practices.

The plant and its facilities occupy an area of about 200 acres at Kwinana and workers employed thereat proceed to their workplace through any one of four gates at each of which a patrol office is situated. In the vicinity of each of these gates is a carpark for the use of workers and, in so far as public transport is concerned, the bus stops are a short distance from two of the gates but some distance from the others and from one in particular. A change room is situation at or near each of the gates and in two instances the particular change room is outside the gate so that a worker proceeding to work on passing two patrol offices may be said to be ready to commence that work. However, this is not so in the other two cases although comparatively speaking there is a limited number of men involved in those cases.

After entering, or before leaving, the works each worker is required to clock on or to clock off at the time clock to which he has been allocated. There are eight of these time clocks throughout the plant at locations convenient to the place at which the workers allocated thereto are required to start and finish their ordinary eight hours working day. In this respect each worker has a designated place at which he is required to start those ordinary hours, and each worker finishes his daily hours at the same place. In the main the aforementioned designated place is where the worker's actual duties are performed but for some workers, being those who are regularly required to work at different places throughout the plant, including the workers at the "workshop", the designated place in the shop where their time clock is situated.

Finally, if a worker is transferred from one working place to another during the day any time spent travelling away from and back to his "designated place" is treated as working time and is paid for accordingly. In the same way a worker whose designated place is the "workshop" is regarded as being at woi'k when travelling to and returning from the place at which he is required to carry out his actual duties on any day.

It will be realised that, with an expansion programme which has extended the area of the plant, the distance a worker may be required to travel to reach his designated place for commencing and finishing work would be more likely to increase than to decrease the distance travelled before the implementation of that programme. In this respect, and as has been mentioned, at least some workers are required to travel a greater distance than previously and, as transport is not provided for this purpose, that travelling is on foot. The time taken to so travel from a particular gate to the place of work ranges from not more than one minute to not more than about eight and one-half minutes.

It is against this background that the Commis- sion is required to determine the dispute between the parties and, to this end, the parties have referred

to the practice at B.P. Refinery (Kwinana) Pty. Limited and elsewhere and to several decisions of other industrial authorities.

Before commencing to determine the issue it is appropriate to state that several of the matters raised by the applicants in support of the claim were based on a misconception of the present practice and for that reason need not be considered.

At the outset it is indicated that the parties have no knowledge of a decision of an industrial authority which deals with the precise question now before the Commission although, in the decisions raised during the proceedings, several general industrial principles have been mentioned. I have in mind those which prescribe, inter alia, that workers may be required by the employer to work the whole of their ordinary daily or weekly hours; that a worker should change into or out of his work clothes or clock on or off duty in his own time, and that a worker should travel from his home to his place of work in his own time. However, there are cases in which some exceptions are made to the general rule and consideration needs to be given to the circumstances of this case to determine whether any exception should be made in respect of the workers employed by the respondent at Kwinana.

First, I have no difficulty in determining that the claim as framed should be refused. Nothing has been said to cause me to decide that workers should change for work or clock on or off in the employer's time. This would be one result of the claim for some workers and, if it were granted, there would be no doubt that other workers changing in their own time would claim that it was anomalous for them to be required to do so when other workers were being paid by the employer. In my view this highlights a fallacy of the claim in that the circumstances are such that all workers cannot be placed on precisely the same basis without creating anomalies and inconsistencies.

Next, the basic rule that a worker travels from his selected place of living to his selected place of work should only be departed from in special and unusual circumstances (refer 47 W.A.I.G. 819). In this respect, and generally speaking, it is also usual for a worker to proceed from the boundary of his employer's premises to the place of work in his own time, and in my view the proceedings revealed that no real dispute exists between the parties in relation to those workers who are only required to walk a short distance from a gate to their working place. In fact, the applicants' reference to the alleged procedure at the oil refinery indicates that a period of five minutes to travel from the gate to the working place is not considered unreasonable. Furthermore, in making a reference to usual practices, it. is also the rule that workers who have commenced their ordinary daily hours should be paid for any time spent in travelling during those hours for the purpose of carrying out their duties whether that travelling is by vehicle or on foot. This is applied by the respondent employer yet it is said that anomalies are thereby created and should be removed. With this I cannot agree. The rule is sound as is the one that a worker should have a fixed place at which to start and finish his ordinary daily hours. To find otherwise would in my view create greater anomalies and inconsistencies than those presently alleged by the applicants.

Thirdly, notwithstanding the foregoing, the question still remains whether it is reasonable for an employer to require a worker to walk to his working place in his own time under all circumstances. The answer to this question is obviously in the negative.


A stage must be reached at which the employer should supply transport or be required to pay for the excess time spent in walking. Where a long distance is so travelled and the employer does not supply transport it seems proper for a worker, who may be required to work his eight ordinary hours on the day, to be paid a travelling allowance for "excess travelling" but that allowance should not be at. a rate greater than his ordinary rate of wage. In the instant case it was said that some workers took up to twenty minutes to walk to their place of work and, if this were so, I would be inclined to grant an allowance. However, this is clearly not the case. Either that period of twenty minutes contains time spent travelling in ordinary horns for which payment is made already, or, as I suspect, it includes the time a worker takes to walk from his car to the change room to then change and to proceed to work.

At the inspection it was shown that the longest time which would be spent by a worker .walking at a fairly leisurely pace from the gate to his place of work when he has already changed would not exceed eight and one-half minutes. It is this period which, in all of the circumstances, must be found to be excessive. In this respect it is as well to stress that the Commission generally uses, for its purposes, the experiences of the somewhat mythical average worker. The reason for this should be obvious in that nearly all cases slight differences occur in the work and the conditions of work of each worker and, to attempt to draw fine lines of distinction between the experiences of one worker and those of another would be, to say the least, ridiculous when endeavouring to fix award conditions.

Finally, the extent of what I consider to be the outside limits of the real dispute need to be high- lighted. It is agreed that it is reasonable for a worker to travel for some distance in the employers' premises in his own time. Even accepting the five minutes referred to by the applicants the excess time involved in these proceedings would not exceed seven minutes per day and the application must be viewed in this light. The average worker, whether travelling by private or public transport, generally must walk some distance from his vehicle or a bus stop to his employer's premises and then to his place of work. At Kwinana a worker in the "workshop" is permitted to park his car virtually at the gate or, if he uses public transport, the bus also stops at that point. Some other- workers employed by the respondent are not so fortunate. Taking the scale drawing submitted at the hearing as a basis such a worker must then walk a distance of not more than one-half mile from the gate to the "workshop" by the shortest practicable route.

On the foregoing, but subject to what is to follow, I cannot agree that sufficient reason has been shown to require the respondent to depart from his present practice.

During the proceedings the respondent stated that in other steel works in Australia a worker was required to work his eight hours on each day and a survey of the New South Wales Steel Workers Award does not reveal the prescription of any travelling allowance of the type hereinbefore mentioned. It is known that this New South Wales award had been of influence, at least to some extent, on the provisions of the award in this State and, being aware that there is at present a reference of industrial dispute before the Commission to replace Award No. 24 of 1962 it may be desirable for this question to be again considered when all

of the conditions of employment are under review. This would be particularly so if, in other works which are said to be much larger than the one at Kwinana, there is some other type of provision in the ordinary wage paid or otherwise for workers required to travel some distance to their place of work.

In conclusion it should be mentioned that I did cast about for provisions in other awards dealing wth a similar question to the one raised by the application other than where a special circumstance, such as reporting for work at differing jobs or waiting for and travelling on sea transport, did not apply. Two examples came to mind but others may exist.

The first is the Government Construction and Maintenance Award No. 24 of 1965 which provides that "where the worker has to walk between the place of work and the . . . the nearest stopping place of a public vehicle . . . and the distance to be walked is in excess of one mile he should be paid for such excess at the rate of one-third of his ordinary classified rate per hour for each mile thereof." The second is the Building Trades Award No. 24 of 1958. In 1966 that award was amended to provide, inter alia, for the supply of transport or the payment of an allowance to a worker sent away from home to a job if he was required by the employer to live more than one-half of a mile from the job. In the decision on that occasion it was said—

... A worker may not be boarded in the vicinity of the job and in those cases the employer should provide transport rather than require the worker to find his own way to the job and in instances where public transport is generally not available . . . ... a worker covered by the Distant Work clause ... is sent to do work on a particular job and his place of living is fixed in relation to that job. To some extent he may therefore be compared with a worker going from his usual place of residence to a permanent place of employment but on the other hand, on distant work, the employer may require a worker to find his own way to work and generally when he would have no means of transport or to travel an excessive distance to the job and in such a case a worker should be entitled to some compensation for time and any expense involved.

In the first place it does not appear unreasonable for a worker to walk a short distance from his accommodation to the job but beyond that distance and generally in the absence of public transport, the employer should provide suitable transport or pay an allowance in lieu thereof. The clause will provide accordingly . . . (46 W.A.I.G. 766 at pp. 789 and 790)

The application is dismissed. Decision accordingly.


No. 244 of 1968. Between Coastal District Committee Amalgamated

Engineering Union Association of Workers and others, Applicants, and Australian Iron and Steel Pty. Ltd., Respondent.

HAVING heard Mr. J. H. Mutton on behalf of the Coastal District Committee Amalgamated Engin- eering Union Association of Workers and Mr. H.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [30 October, 1968. 652

Barry on behalf of the Australian Workers' Union, Westralian Branch, Industrial Union of Workers, applicants, and Mr. J. M. Ince on behalf of the respondent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 92 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the application herein be dismissed. Dated at Perth this 24th day of October, 1968.

(Sgd.) D. CORT, LL.S.] Commissioner.

AWARDS-Interpretations of-

IRON ORE PRODUCTION AND PROCESSING. Award No. 13 of 1966.

(Relating to payment to be made when overtime is worked by shift workers.)


No. 261A Of 1968. Between Electrical Trades Union of Workers of

Australia (Western Australian Branch), Perth and others, Applicants, and Hamersley Iron Pty Ltd and others, Respondents.

Before Mr. Commissioner E. R. Kelly. The 27th day of September, 1968.

Mr. O. K- Salmon on behalf of the applicants. Mr. S. J. Carter on behalf of the respondents.

Judgment. THE COMMISSIONER: This matter comes before me pursuant to section 173 of the Industrial Arbi- tration Act, 1912-1966, following a conference held under section 171 of that Act. At that conference two questions of interpretation of the Iron Ore Production and Processing Award, 1967 were raised and it was agreed that they be heard and determined by the Commissioner who presided over the conference. One of those questions concerned the payment to be made for work commencing prior to 10.30 p.m. on a Sunday and finishing at 8 a.m. on a Monday, but at the commencement of the present proceedings Mr. Salmon advised me that the unions, having given that question further consideration since the conference, were of the opinion that the employer was applying the relevant provisions of the award in the correct manner.

The second question, which was argued before me, relates to the payment to be made when overtime is worked by shift workers and the provisions of the award under which the question arises are paragraphs, (i) and (j) of subclause (3) of clause 12. Clause 12 deals with overtime and subclauses (1) and (2) of that clause contain the overtime provisions relating to day workers and shift workers respectively. Subclause (3) contains provisions that are common to day workers and shift workers, and paragraphs (i) and (j) of that subclause are, respectively, in the following terms:—

(i) The provisions of this subclause do not operate so as to require payment of more

than double time rates for any work except and to the extent that the provisions of clause 29 of this award apply to that work.

(j) Overtime on shift work shall be based on the rate payable for shift work.

The essential difference between the parties lies in the meaning to be given to the expression "double time rates" in paragraph (i). The applicants contend that it means, with respect to a shift worker, double the rate at which he is paid for the shift on which he works overtime. The respondents argue that it means the same thing with respect to all workers, namely, double the rate prescribed in clause 31 (Wages).

The rate payable for shift work is prescribed in subclause (2) of clause 13 in the following terms—

(2) A shift worker shall, in addition to his ordinary rate, be paid per shift of eight hours at the rate of ten per cent of one-fifth of the basic wage when on afternoon shift and twelve and one half per cent of one-fifth of the basic wage when on night shift.

The rate payable for shift work therefore varies according to whether the shift is a day, afternoon or night shift, and consists of the shift worker's "ordinary rate"—i.e., the rate prescribed for his calling in clause 31—plus a loading when he is on afternoon or night shift. The parties agree that the shift work rate appropriate to the particular shift forms the base upon which overtime is to be calculated, but the unions do not accept the employers' contention that paragraph (i) of subclause (3) of clause 12 operates, in effect, as a proviso to paragraph (j), imposing a limit of double "ordinary" rates.

Whilst it can form no part of the interpretation of this award it is, I think, important to mention that provisions similar to those now in question have appeared in many awards in this State and that they have been intended to have, and have been given, an application that is in accordance with the contention of the employers in the present proceedings. Be that as it may, the answer to the questions raised under this award must be ascer- tained by reference to the provisions of this award and by applying the ordinary rules of construction.

Turning, then, to paragraph (i), it will be observed that its purpose is to prevent the payment of more than "double time rates" for any work, and it is apparent that the Commission, in drafting that paragraph, was of the opinion that there were provisions in the subclause in which that paragraph appears which, in the absence of that paragraph, would require the payment of more than double time rates. Now if we exclude paragraph (c) which makes provision for the payment of an allowance if a meal is not supplied during overtime—and neither side suggested that that paragraph fell within the compass of paragraph (i)—I am unable to find any provision in subclause (3) appearing before paragraph (i) that could result in the payment of more than double time rates for any work. If that is so, then it is, I think, inescapable that paragraph (i) was designed solely to operate as a qualification upon paragraph (j) and it could only do that if the expression "double time rates" meant double the ordinary rates prescribed in clause 31.


That that was the meaning intended to be con- veyed by that expression is, in my opinion, made clear if we turn to clause 14 which, so far as material, is in these terms—•

14.—Saturday Work. (1) Day Workers: All time worked by work-

ers other than shift workers on Saturday shall be paid for at the rate of—

(a) time and one-half for the first four hours and double time thereafter if worked prior to 12 noon;

(b) double time if worked after 12 noon. (2) Shift Workers:

(a) All time worked by shift workers during ordinary hours on Saturdays shall be paid for at the rate of time and one-half. This rate shall be in lieu of the shift allowances prescribed in subclause (2) of clause 13 of this award.

(b) All time worked by shift workers other than continuous shift workers outside ordinary hours on Saturdays shall be paid for at the rates prescribed in paragraphs (a) and (b) of subclause (1) of this clause.

(c) All time worked by continuous shift workers outside ordinary hours on Saturday shall be paid for at the rate of double time.

It will be observed, first of all, that the rates for day workers for time worked on Saturdays are "time and one-half" and "double time" and that those expressions plainly mean one and one-half times the rates prescribed in clause 31 and twice the rates prescribed in clause 31 respectively. If we turn, then, to paragraph (b) of subclause (2), it will be seen that those same rates also apply to a non-continuous shift worker when he works outside his ordinary hours on a Saturday. Looking next at paragraph (a) of that subclause, it will be seen that all shift workers are to be paid at "the rate of time and one-half" during ordinary hours on Saturdays. Now it is clear that the expression "time and one-half" means exactly the same in that paragraph as it does in subclause (1). Finally, in paragraph (c) the rate of "double time" is prescribed for time worked by continuous shift workers outside ordinary hours on Saturdays. On the interpretation sought by the unions in these proceedings one would have to say that the expression "double time" in that paragraph means double the rate of time and one-half, but I am quite unable to see why that should be so. It would be strange, indeed, if the expression "double time" in subclause (2) were intended to bear a different meaning than the self-same expression used in subclause (1) of the same clause and it would be equally strange if, under the same clause, a worker who was paid at the rate of "double time" received more than "half time" above another worker who was paid at the rate of "time and one-half".

To consider clause 14 in isolation as a means of answering the question raised in these proceedings would, of course, be to beg the question. But it serves to illustrate that where the expression "double time" is used without qualification in this award it means double the ordinary rate prescribed in clause 31. I am satisfied that that is what is meant by that expression in paragraph (i) of subclause (3) of clause 12 and I am therefore of the opinion that the interpretation placed on that provision by the respondents is the correct one.


AGREEMENTS-INDUSTRIAL-

Variations of—

SEAMEN. (Tug "Kalgan" and others.)

Agreement No. 5 of 1966.

INDUSTRIAL AGREEMENT.

No. 17 of 1968. (Registered 3rd October, 1968.)


Memorandum of Agreement.

THIS Agreement made pursuant to the Industrial Arbitration Act, 1912-1966, this twelfth day of September, 1968, between the Adelaide Steamship Company Limited and The Swan River Shipping Company Limited of the one part, and the Amal- gamated Seamen and Dockers' Union of the other part, witnesseth as follows:—

1. That Industrial Agreement No. 5 of 1966 be varied by deleting Clause 2 and inserting in lieu thereof the following new clause:—

2—Rates of Pay. $

Basic Wage (per week) 33.50 Special Loading (per week) 0.60 Margins—

Deckhand or Wiper 12.40 2. The rates of pay representing an interim in-

crease of $2.00 in each margin as prescribed in paragraph (1) hereof shall be payable as and from the thirteenth day of September, 1968.

Signed for and on behalf of the Adelaide Steamship Company Limited and The Swan River Shipping Com- pany Limited by—

E. A. McKAY. In the presence of—

R. E. MASON. Signed for and on behalf of

the Amalgamated Seamen and Dockers' Union of Western Australia by—

PATRICK L. TROY. In the presence of—

SEAMEN AND DOCKERS. (Tug "Tuart" and others.) Agreement No. 37 of 1963.

INDUSTRIAL AGREEMENT. No. 18 of 1968.

(Registered 17th October, 1968.) THIS Agreement made pursuant to the Industrial Arbitration Act, 1912-1966 this 16th day of October, 1968 between the Geographe Towage Company Pty.

(41—46331

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [30 October, 1968.

Ltd. of the one part, and the Amalgamated Sea- men and Dockers' Union of the other part, witnesseth as follows:—

1. That Industrial Agreement No. 37 of 1963 be varied by deleting Clause 2 and inserting the following new clause:—

Clause 2.—Rates of Pay. The rates of pay for crew members shall be as

follows:— $

Basic Wage (per week) 33.50 Special Loading (per week) 0.60 Margins:

Deckhand, Fireman or Wiper .... 12.40 Leading Deckhand or Greaser .... 13.20

2. The rates of pay representing an interim increase of $2 in each margin as prescribed in paragraph (1) hereof shall be payable as and from the 16th day of October, 1968.

2. The rates of pay representing an interim increase of $2 in each margin as prescribed in paragraph (1) hereof shall be payable as and from the thirteenth day of September, 1968.

Signed for and on behalf of the Adelaide Steamship Company Limited and The Swan River Shipping Com- pany Limited, by—

E. A. McKAY, In the presence of—

R. E. MASON, Signed for and on behalf of

the Amalgamated Seamen and Dockers' Union of Western Australia, by—

PATRICK L. TROY, In the presence of—•

D. K. DANS,

Signed for and on behalf of the Geographe. Towage Company Pty. Ltd., by—

J. E. PRINCE. In the presence of—

G. BOURNE. Signed on behalf of the

Amalgamated Seamen and Dockers' Union of Western Australia by—

PATRICK L. TROY. In the presence of—

SOFIA KAPSANIS.

SEAMEN. (Tug "Una" and others.) Agreement No. 4 of 1966.

INDUSTRIAL AGREEMENT No. 16 of 1968.

(Registered 3rd October, 1968.) BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION. Memorandum of Agreement.

THIS Agreement made pursuant to the Industrial Arbitration Act, 1912-1966, this twelfth day of September, 1968, between the Adelaide Steamship Company Limited and The Swan River Shipping Company Limited of the one part, and the Amal- gamated Seamen and Dockers' Union of the other part, witnesseth as follows:—

1. That Industrial Agreement No. 4 of 1966 be varied by deleting Clause 2 and inserting the following new clause:—

2.—Rates of Pay. The rates of pay for crew members shall be as

follows:— $

Basic Wage (per week) 33.50 Special Loading (per week) 60 Margins:

Deckhand, Fireman or Wiper .... 12.40 Leading Deckhand or Greaser .... 13.20

SHEETMETAL WORKERS. (State Engineering Works.) Agreement No. 32 of 1963.


No. 64 of 1968. Between the West Australian Plumbers and Sheet

Metal Workers' Industrial Union of Workers, Applicant, and Minister for Works, Respondent.

HAVING heard Mr. S. J. Mutton on behalf of the applicant and Mr. G. D. Johnson on behalf of the respondent, and by consent, I the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me under section 54 of the Industrial Arbitration Act, 1912-1966, and in pursuance of the powers contained in section 42 of the said Act, and all other powers therein enabling me, do hereby order and declare—

That the Sheet Metal Workers (State Engineering Works) Industrial Agreement 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 from the beginning of the first pay period commencing on or after the date hereof.



Schedule. 1. Clause 21.—Wages: Delete subclause (2) and

insert in lieu thereof:— (2) Margins (per week): $

Sheet Metal Worker, 1st Class .... 19.40 Sheet Metal Worker, 2nd Class .... 10.85 Sheet Metal Welder—

1st Class 19.40 2nd Class 6.80 3rd Class 5.85

Process Worker 5.30


2. Clause 24.—Leading Hands: Delete this clause and insert in lieu thereof—

24.—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:—

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

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

(3) When in charge of more than twenty other workers, shall be paid seven dollars and fifteen cents per week extra.

PUBLIC SERVICE ARBITRATION-

Awards Delivered— INSTITUTIONAL OFFICERS. (Child Welfare Department.)

Western Australia. PUBLIC SERVICE ARBITRATION ACT, 1966.

Proceedings before the Public Service Arbitrator. No. 34 of 1968.

In the matter of Institution Officers (Child Welfare Department), and the Director, Child Welfare Department, and in the matter of a Claim by the Civil Service Association of Western Aus- tralia Incorporated on behalf of Institution Officers (Child Welfare Department) for an Award under section 11 (1) of the above Act.

Decision. IN the form in which it was lodged on the 19th day of September, 1967, this claim, seeking as it did, to have incorporated in the Award certain provisions covering conditions of employment, provoked a challenge to the jurisdiction of the Public Service Arbitrator.

This objection was sustained by the decision of the Arbitrator delivered on the 15th day of Decem- ber, 1967, since when the parties have reached agreement on such items of the claim as were not thus the subject of dispute. That Agreement therefore assumes the form of an Award as hereunder which I now hand down.

Dated this 26th day of September, 1968. (Sgd.) H. G. SMITH, Public Service Arbitrator.

Western Australia. PUBLIC SERVICE ARBITRATION ACT, 1966.

Proceedings before the Public Service Arbitrator. No. 34 of 1968.

In the matter of Institution Officers (Child Welfare Department), and the Director, Child Welfare Department, and in the matter of a Claim by the Civil Service Association of Western Australia Incorporated on behalf of Institution Officers (Child Welfare Department) for an Award under Section 11 (1) of the Above Act.

HAVING heard and considered the above Claim and having determined the same (or so much thereof as has not been the subject of agreement

between the parties) in accordance with Section 15 (4) of the Public Service Arbitration Act, the Public Service Arbitrator, pursuant to Section 24 of the said Act hereby makes the following Award:— INSTITUTION OFFICERS (CHILD WELFARE

DEPARTMENT) AWARD, 1968. Schedule. 1.—Title.

This award shall be known as the Institution Officers (Child Welfare Department) Award, 1968, and replaces the Agreement registered on 20th July, 1962, pursuant to Part X of the Industrial Arbitration Act, 1912.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Definitions. 5. Term. 6. Salaries. 7. Overtime. 8. Higher Duties Allowance.

3.—Scope. This award shall apply to the officers classified

in Clause 6 hereof employed by the Director in the Child Welfare Institution Service.

4.—Definitions. "Director" means the Director, Child Welfare

Department. "Qualified" means having graduated from the

Institution Officers' Training Scheme conducted by the Director.

"Staff Officer" means a qualified officer who is not placed in charge of other officers.

"Senior Staff Officer" means a qualified officer who is placed in charge of other officers or who is employed full time on after care duties.

"Group Worker" means the same as "Staff Officer".

"Senior Group Worker" means the same as "Senior Staff Officer".


three years from the date hereof.

6.—Salaries. (1) Classification and Salary (per annum):

(a) Staff Officer or Group Worker— $3,292, $3,432, $3,577, $3,717, $3,872. Provided that the salary range for a

Staff Officer or Group Worker who holds the Diploma in Welfare Psychology shall be—

$3,292, $3,432, $3,577, $3,717, $3,872, $4,022, $4,182.

(b) Senior Staff Officer or Senior Group Worker—

$4,022, $4,182. Provided that the salary range for a

Senior Staff Officer or Senior Group Worker who holds the Diploma in Welfare Psychology shall be—

$4,342, $4,502,


(2) Female officers employed in classifications specified in subclause (1) hereof shall be paid on the following basis as from the operative date of this award.

Up to 31st December, 1968—Gross Salary less $342 per annum.

On and from 1st January, 1969—Gross Salary less $257 per annum.



On and from 1st January, 1972—Gross Salary.

(3) The various salary rates expressed herein shall be automatically varied to conform to any variations which may be made from time to time in the equivalent salary rates appearing in the Public Service (General Division Officers) Salaries Agreement, 1968. Any such variation shall apply from the date that the variation has been effective in the aforementioned Agreement.

7.—Overtime. All time worked outside of or in excess of the

ordinary working hours or on a shift other than a rostered shift shall be paid for at the rate of time and a half for the first four hours and double time thereafter.

8.—Higher Duties Allowance. (1) A Staff Officer called upon to relieve in a

position of Senior Staff Officer shall, if the period of relief exceeds five working days, be paid for the whole of such relief as a Senior Staff Officer.

(2) Where a Staff Officer, whilst relieving as a Senior Staff Officer, has progressed from the minimum to the maximum of the salary range of a Senior Staff Officer and is required to commence a further period or periods of relief within twelve months of ceasing the relief in which he made such progression he shall be paid at such maximum rate for the whole of the further period or periods of relief.

Dated this 26th day of September,1968. (Sgd.) H. G. SMITH, Public Service Arbitrator.

COMPULSORY CONFERENCE- The Western Australian Carpenters and Joiners,

Bricklayers and Stoneworkers Industrial Union of Workers, and, Martinazzo & Sons.

No. 359 of 1968.

A COMPULSORY conference was held before Mr Commissioner E. R. Kelly at the W.A. Industrial Commission, 638 Murray Street, West Perth on the 18th October, 1968.

The conference was convened following a request by the union in regard to the dismissal of a union representative and a resultant stoppage of work.

Australasian Meat Industry Employees' Union Industrial Union of Workers, Perth, and The Midland Junction Abattoir Board.

No. 309 of 1968. A COMPULSORY conference was held before Mr. Commissioner D. E. Cort on the 13th September, 1968, at Perth.

Present: Messrs. M. E. Burns, J. Vaughan and R. Kipps,

representing the union. Messrs. L. E. Boylan, R. Bosward and R. Man-

ning, representing the Midland Junction Abattoir Board.

THE conference was sought by the union to deal with a dispute which had arisen over the excessive number of sheep and lambs required to be slaughtered.

The conference was informed that on the 2nd day of September, 1968 the new sheep and lamb chain commenced operations at the Midland Junc- tion Abattoir.

It was submitted by the union that the agreement with the Midland Junction Abattoir Board (reported at W.A.I.G. 47 p. 1061) had expired at that date, in accordance with clause (5) of the memorandum of agreement, and subsequently mutton chain slaughtermen had resolved not to process in excess of eighty sheep or lambs per man per day.

The Board further submitted that this action was placing a serious restriction on the daily kill and was contrary to the provisions of Award No. 11 of 1966.

The Commissioner stated that if the union, in its opinion, had a case to depart from the existing award provisions then it should make an early application for an amendment of the award, but in the meantime, and pending a determination of the claim, the parties should work in accordance with the agreement reported at Vol. 47 W.A.I.G. at page 1061.

The conference then terminated.

UNIONS-

Amendmenf of Rules-

Government Water, Sewerage and Drainage Employees' 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 27th day of September, 1968, in the matter of an application by the Government Water, Sewerage and Drainage Employees' Industrial Union of Workers to amend its rules, I have this day registered such amendments to the rules of the above union.

The direction of the Commission in Court Session is set out at the foot of this notice.

Dated the 30th day of September, 1968. R. R. ELLIS,

Assistant Registrar,



File No. 569 of 1915. In the matter of the Industrial Arbitration Act,

1912-1966, and in the matter of an application by the Government Water, Sewerage and Drainage Employees' Industrial Union of Workers for amendment of its rules.

HAVING read the application herein, there being no party desiring to be heard in opposition thereto, and upon being satisfied that the requirements of the abovementioned Act and the regulations made thereunder have been complied with, The Commis- sion in Court Session, pursuant to the powers vested in it by section 23 of the said Act, doth hereby direct the Registrar to register an amendment of the rules of the applicant union in the terms of the application as filed on the 28th day of August, 1968, in respect of rules numbered 7, 14, 15, 16, 17, 19 and 20.

Dated at Perth this 27th day of September, 1968. By the Commission in Court Session,

(Sgd.) B. M. O'SULLIVAN, [L.S.] Commissioner.

DISPUTES-

Matters Referred under Section 137—

Threatened Stoppage of Work re Claims for Retrospective Payments for Recalls.


No. 332 of 1968.

Between Goldsworthy Mining Limited, Applicant, and the Amalgamated Seamen and Dockers' Western Australian, Union of Workers and the Workers Designated in the Schedule marked "B" 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. L. Girdlestone on behalf of the applicant and having read the Statutory Declara- tion of William Stewart made on the 26th day of Sepember, 1968, and being of the opinion that a contravention of the Industrial Arbitration Act, 1912-1966, is likely to occur, hereby makes the following order to wit—

(1) That the respondent union and the respondent workers employed by Golds- worthy Mining Limited, be enjoined from refusing, limiting or banning work during ordinary or overtime hours of duty as provided for in Award No. 20 and 27 of 1966 as amended, and from committing a cessa- tion or limitation of work as prescribed by the provisions of the Industrial Arbitration Act, 1912-1966.

(2) That forthwith the respondent union and each of its officers by the enforcement of union rules and by such other means as are available, do and continue to do all things in its power to ensure that the

respondent workers whose names appear on the schedule marked "B" annexed hereto, comply with the requirements of paragraph (1) of this Order.

Dated at Perth this 26th day of September, 1968. By the Commission in Court Session,

(Sgd.) B. M. O'SULLIVAN, Commissioner.

[L.S.]

TAKE notice that non-compliance with this Order will render any person in default liable for punish- ment for an offence under the Industrial Arbitra- tion Act, 1912-1966. And take further notice that any party or person affected by the Order may move the Commission in Court Session on twenty- four hours' notice to the applicant to vary, suspend or cancel this Order and take further notice that it is hereby directed that a copy of this Order together with a copy of the application and Statu- tory Declarations in support thereof be served by the applicant on the abovenamed respondents.

Schedule B. Name; Rating; Address.

H. Brooks; Leading Hand; Finucane Island. S. Papazoglous; Launch Driver; Finucane Island. J. Bin Hitam; Launch Driver; Finucane Island. T. Matic; Deck Hand; Finucane Island. M. Stefanac; Deck Hand; Finucane Island. V. Pervan; Deck Hand; Finucane Island. F. Kucaai; Deck Hand; Finucane Island. E. Seery; Deck Hand; Finucane Island. J. Paganias; Deck Hand; Finucane Island. A. bin Sudin; Deck Hand; Finucane Island. A. Murray; Beck Hand; Finucane Island. L. Lodge; Deck Hand; Finucane Island. Y. Ben Said; Deck Hand; Finucane Island. G. Tsilimos; Greaser; Finucane Island. L. McCoy; Greaser; Finucane Island. J. Davies; Greaser; Port Hedland. C. Tseronis; Greaser; Finucane Island.

REFERENCES OF INDUSTRIAL

DISPUTE-

Preliminary Hearings-

Objection to an Award being Made—

SEAMEN AND DOCKERS. BEFORE THE WESTERN AUSTRALIAN


Between Amalgamated Seaman and Dockers' Union of Western Australia, Union of Workers, Appli- cant, and Hamersley Iron Pty. Ltd., Respondent.


Mr. P. L. Troy on behalf of the applicant. Mr. L. Girdlestone on behalf of the respondent.

Judgment. THE COMMISSIONER: In this matter the Amal- gamated Seamen and Dockers' Union of Western Australia seeks an award to apply to "all workers employed by the respondent as crewmen, excepting


masters and engineers, on all vessels of any description." The respondent objects to the making of an award and does so on the ground that it does not employ workers in the calling referred to in the reference.

The respondent operates its own tugs and pilot vessel in the port of Dampier in or in connection with the shipment of iron ore from that port. The workers who act as crew members on those vessels are engaged as ore handling equipment operators under the terms of the Iron Ore Production and Processing Award and their major and substantial employment is in the latter capacity. That being the case, they are or are eligible to be members of the Australian Workers' Union but solely by virtue of their employment under the Iron Ore Production and Processing Award and not at all by virtue of their employment on the vessels in question.

Technically, though no worker has a contract to work solely as a crew member of those vessels, the applicant union is not debarred from obtaining the award it seeks. In practice, however, I am satisfied that to issue a separate award to apply to work on the respondent's vessels would create quite needless uncei*tainty and confusion. It would be quite needless because, if some special provision is necessary—whether by way of marginal rate or otherwise—to provide adequately for ore handling equipment operators when they work on tugs or pilot vessels, there is nothing, in my view, that would prevent such special provision being written into the Iron Ore Production and Processing Award at the instance of the Australian Workers' Union or the respondent.

The situation would, of course, be otherwise if the respondent employed workers in such a way that their major and substantial employment was that of a crew member on the vessels referred to. The fact is, however, that he does not. I would uphold the respondent's objection and dismiss the reference.


SEAMEN AND DOCKERS. BEFORE THE WESTERN AUSTRALIAN


Between Amalgamated Seamen and Dockers' Union of Western Australia, Union of Workers, Applicant, and Metropolitan (Perth) Passen- ger Transport Trust, Respondent.


Mr. P. L. Troy on behalf of the applicant. Mr. R. S. Lane on behalf of the respondent.

Judgment. THE COMMISSIONER: This is a reference of industrial dispute in which the Amalgamated Sea- men and Dockers' Union of Western Australia seeks an award to apply to deckhands and youths employed in the river ferry service operated by the respondent. The respondent objects to an award being made on the ground that such an award is unnecessary. There is said to be no necessity for an award because an award, if made, would apply to only two youths and to one adult worker who is employed for only part of his time as a deckhand in the ferry service. An award is also said to be unnecessary because the workers concerned are eligible to belong to the Australian Tramway and

Motor Omnibus Employees' Association, that being the union which is a party to the principal award that applies to the respondent's undertaking; and it is said that the adult worker mentioned above has for some considerable time been, and is now, a member of that union. The respondent accordingly contends that the conditions of employment of the workers the subject of this reference can be provided for adequately and to the convenience of the respondent in the Transport Trust (Traffic and Non-Traffic) Award. In that regard the respondent asserts that its submission is a logical one inasmuch as the ferry service is simply a part of its passenger carrying activities and is in large measure integrated with its omnibus services. The respondent says, furthermore, that there has been a degree of interchange between workers employed in the ferry service and those employed elsewhere in the Trust's undertaking, though it refrains from saying that any such interchange is currently taking place or is likely to occur in the future.

The applicant does not contest the eligibility of these workers to belong to the Australian Tram- way and Motor Omnibus Employees' Association but asserts that that Association has no interest in these workers and has done nothing to further or protect their industrial interests. The secretary of the Association was present in Court when that assertion was made and I take it to be a statement of fact. It may, however, also be a fact that the Association has not been requested by those workers to take any action on their behalf.

On the whole I think that there is substance in the objection advanced by the respondent. That objection cannot be sustained, however, if there is evidence that shows a need for an award of this Commission to protect the interests of the workers to whom this reference relates. I am not at present sufficiently informed to make a finding on that question. I have accordingly decided to adjourn this reference sine die so that I may enquire more fully into the circumstances of the employment of the workers concerned and other relevant matters. For that purpose I shall arrange to see the parties to the reference, the secretary of the Australian Tramway and Motor Omnibus Employees' Association, and the three workers affected, at a convenient time in Chambers.


COAL INDUSTRY TRIBUNAL

AWARDS—Amendment of— MINING.

Award No. 4 of 1953. MINING ACT, 1904-1965.

Part XIII, Division I. Before The Western Australian Coal Industry

Tribunal held at Collie. Application No. 6 of 1968.

Between Coal Miners' Industrial Union of Workers of W.A., Applicant, and Griffin Coal Mining Co. and Western Collieries Ltd., Respondents.

Award No. 4 of 1953: August leave to commence from Monday 2/9/68.

Decision. IT is provided by paragraph (iii) of subclause (c) of clause 13 of Award No. 4 of 1953 that miners take one week's leave at an agreed date in August


of each year. In the application now before the Tribunal the Union seeks to have the week's leave for 1968 commence on the 2nd September. The application, which affects all Unions, is made with the object of fitting in with school holidays. All parties are in agreement.

On review of the provisions that the leave be taken in August, an award amendment becomes necessary. The application is allowed.

The Tribunal hereby awards, orders and prescribes that Award No. 4 of 1953 of the W.A. Coal Industry Tribunal, as amended, be further amended in the following manner:—

1. Delete paragraph (iii) of subclause (c) of clause 13 of Award No. 4 of 1953 and insert in lieu thereof the following new paragraph—

(iii) In a period of one week commencing at an agreed date, or at a date determined by the Tribunal, in August or September of each year.

2. This amendment shall take effect forthwith. Dated at Collie this 22nd day of March, 1968.

W. J. WALLWORK, Chairman.

Western Australian Coal Industry Tribunal.

Piled in my office this Ith day of October, 1968. (Sgd.) R. BOWYER,

Industrial Registrar, W.A. Industrial Commission.

AWARDS—Applications for

Amendment of— MINING.

Award No. 4 of 1953. MINING ACT, 1904-1965.

Part XIII, Division 1. Before the Western Australian Coal Industry

Tribunal, Held at Collie. Application No. 10 of 1968.

Between Coal Miner's Industrial Union of Workers, Applicant, and Amalgamated Col- leries, W.A., Limited, and others, Respondents.

Award No. 4 of 1953—Application to have Thiess Bros. Pty. Ltd. made respondents to Award No. 4 of 1953.

Decision. THIS application was brought on the ground that Thiess Bros, are engaged in drilling operations in the Collie coalfields area. A photostat copy of a compensation agreement between Theiss Bros, and E. H. and J. M. Reaper was produced and the advocate for the union stated he had seen three drill holes on Reaper's property.

The members of the tribunal being unable to agree, and evenly divided the Chairman gave the decision of the tribunal. There is no evidence to show Thiess Bros, have started mining operations on the property. The agreement is only an agreement for compensation for any damage they do

and that must be entered into prior to their entering the property, so a person can enter into an agreement or a company can enter into a compensation agreement and still not do any mining operations on the land for some time.

Possibly they have, and the holes drilled on the property may have been drilled by Thiess Bros., but there is no evidence to show that Thiess Bros, actually did that drilling. In the circumstances, there is no evidence to show that Thiess Bros, have done mining operations or started to do mining operations on the property, and the application is dismissed.

ARTHUR E. KAY, Chairman, Western Australian Coal

Industry Tribunal.

Filed in my office this 7th day of October, 1968.

(Sgd.) R. BOWYER, Industrial Registrar,

W.A. Industrial Commission.

APPRENTICES -

Reduction of Term of Registered

Apprenticeship Agreements— BEFORE THE WESTERN AUSTRALIAN


In the matter of the Apprenticeship Regulations, 1964, and in the matter of various registered apprenticeship agreements and applications to reduce the terms thereof. (Private Employ- ment.)

HAVING read and considered the applications herein made under regulation 11 of the abovementioned regulations and having considered the recommendation of the Western Australian Ap- prentice ship Advisory Council in relation thereto and by consent of the parties to the apprenticeship agreements in connection with which the applications are made and the consent of the unions concerned, I, the undersigned Chief Indus- trial Commissioner of the Western Australian In- dustrial Commission, in pursuance of the powers contained in the said regulations and all other powers therein enabling me do hereby approve of a reduction in the terms in said agreements to the extent that the said apprenticeships shall be deemed to have been satisfactorily completed at the date of this Order.

Dated at Perth this 30th day of September, 1968. [L.S.] (Sgd.) B. M. O'SULLIVAN,

Commissioner.

Schedule. Reductions of Balance of Term—Private

Employment. Name; Trade; Employer*.

E. Patron; male hairdressing; Wally's Hairdressers. L. M. Baker; male hairdressing; W. Argaet.



No. 334 of 1968. In the matter of Apprenticeship Regulations, 1964,

and in the matter of various registered apprenticeship agreements and applications to reduce the terms thereof. (Private Employment.)

HAVING read and considered the applications herein made under regulation 11 of the abovementioned regulations and having considered the recommendation of the Western Australian Appren- ticeship Advisory Council in relation thereto and by consent of all the parties to the above apprenticeship agreements in connection with which the applications are made and the consent of the Unions concerned, I, the undersigned Chief In- dustrial Commissioner of the Western Australian Industrial Commission, in pursuance of the powers contained in the said regulations and all other powers therein enabling me do hereby approve of the terms of the agreements of Apprenticeship as set out and identified in the schedule hereto being reduced from five years to four years and confirm the agreement demonstrated by each application that any periods of technical training lost as a result of the reduction in terms approved herein be made up in the remaining years of apprenticeship.

Dated at Perth this 1st day of October, 1968. (Sgd.) B. M. O'SULLIVAN,


Schedule. Reductions of One Year—Private Employment.

Name; Trade; Employer. R. D. Rhodes; Electrical Installing; Peter Mac-

Donald. P. E. Cook; Fitting and Turning; Crankshaft

Grinding Service. J. Pausey; Auto Electrical Fitting; Lynas Motors

Pty. Ltd. V. L. Peter; Scale Adjusting; W. & T. Avery (Aust.)

Pty. Ltd. T. Johnson; Refrigeration Fitting; Whitchurch

Refrigeration.


No. 335 of 1968.

In the matter of Apprenticeship Regulations, 1964, and in the matter of various registered apprenticeship agreements and applications to reduce the terms thereof. (Private Employment.)

HAVING read and considered the applications herein made under regulation 11 of the abovementioned regulations and having considered the recommendation of the Western Australian Appren- ticeship Advisory Council in relation thereto and by consent of all the parties to the above apprenticeship agreements in connection with which the applications are made and the consent of the unions concerned, I, the undersigned Chief Industrial Commissioner of the Western Australian Industrial Commission, in pursuance of the powers contained in the said regulations and all other powers therein enabling me do hereby approve of the terms of the agreements of Apprenticeship as set out and identified in the Schedule hereto being reduced from five years to four years and confirm the agreement demonstrated by each application that any periods of technical training lost as a result of the reduction in terms approved herein be made up in the remaining years of apprenticeship.

Dated at Perth this 1st day of October, 1968. [L.S.l (Sgd.) B. M. O'SULLIVAN,

Commissioner.

Schedule. Reductions of One Year—Private Employment.

Name; Trade; Employer. D. C. Powell; Panel Beating; Sydney Atkinson

Motors Limited. T. P. Pivac; Panel Beating; Stan Starcevich, Panel

Beater. G. Bridger; Panel Beating; Howard Porter Pty.

Ltd.

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