[11893 - slp.wa.gov.au · [11893 [registered at the general post office, perth, for transmission by...

[11893

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

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Sub-part 5 WEDNESDAY, 30th NOVEMBER, 1966 No. 46-Part 2

HOSPITAL EMPLOYEES. (Perth Dental Hospital.)

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION.

No. 14 of 1966. Between Hospital Employees' Industrial Union of

Workers, W.A., Applicant, and Board of Management, Perth Dental Hospital, Respon- dent.

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 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 Chief Industrial 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 Industrial Arbitration Act, 1912-1963, 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 Hospital

Employees (Perth Dental Hospital) Award 1966 and replaces Award No. 11 of 1959.

2.—Arrangement. Title. Arrangement. Area and Scope. Term. Definitions. Hours of Duty. Overtime. Record. Annual Holidays. Public Holidays. Long Service Leave. Sick Leave. Wages. No Reduction. Payment of Wages. Uniforms. Preference to Unionists. Engagement and Dismissal. Apprentices.

3.—Area and Scope. This award shall apply to the classifications of

workers mentioned herein employed in the Perth Dental Hospital and clinics thereof.

4.—Term. This award shall operate for a period of three

years from the date hereof.

5.—Definitions. "Dental Technician Advanced" means an adult

worker—who has at least four years' experience as a dental technician other than as an apprentice, or who has had training deemed by the employer to be equivalent thereto, and who is engaged in all aspects of Crown and Bridge work, Cast Metal Dentures, Orthodontics and/or Maxillo-faeial work.

1190 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [30 November, 1966.

6.—Hours of Duty. (1) Subject to the provisions of subclause (2)

of this clause the ordinary hours of work shall not exceed forty in any one week and shall be worked in eight consecutive hours, excluding the meal break, between the hours of 6 a.m. and 7 p.m. on Monday to Friday, inclusive.

(2) Notwithstanding the provisions of subclause (1) of this clause, the ordinary hours of duty at present observed by Dental Technicians shall continue.

(3) All workers shall be allowed one hour for lunch between the hours of 12 noon and 2 p.m.

7.—Overtime. (1) All work performed at the direction of the

employer, outside the ordinary hours of duty, shall be paid for at the rate of time and one half for the first two hours and double time thereafter. Provided that in the calculation of overtime each day shall stand alone.

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

(b) Tire union or worker or workers covered by the award shall not in any way, whether directly or indirectly, be party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.

8.—Record. (1) A time book, open to inspection by an

accredited representative of the union, shall be kept in which the worker shall record the exact time he or she commences and finishes work each day and also the meal hour.

(2) Wages sheets shall be open for inspection by the union representative at the head office of the institution.

9.—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 such 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) (a) Subject to paragraph (b), when computing the annual leave due under this clause, no deduction shall be made from such leave in respect of the period that a worker is on annual leave and/or holidays. Provided that no deduction shall be made for any approved period a worker is absent from duty through sickness, with or without pay, unless the absence exceeds three calendar months, in which case deduction may be made for such excess only.

(b) Approved periods of absence from work caused through accident sustained in the course of employment shall not be considered breaks in con- tinuity of service, but the first six months only of any such period shall count as service for the purpose of computing annual leave.

(4) If after one month's continuous service in any qualifying twelve monthly period a worker lawfully leaves his employment or his employment is terminated by the 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.

10.-—Public Holidays. The following days shall be observed as holidays:

New Year's Day, Anniversary Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Founda- tion Day, Sovereign's birthday, Christmas Day and Boxing Day, together with any other day which is declared a public holiday for the State Public Service in Western Australia.

Provided that a worker required to work on any of the foregoing days shall be paid at the rate of double time.

11.—Long Service Leave. The conditions governing the granting of Long

Service Leave to full-time Government wages employees generally shall apply to workers covered by this award.

12.—Sick Leave. Sick leave with pay shall be granted on the

following scale on production of an adequate medical certificate, or in regard to leave not exceeding three days, other evidence satisfactory to the employer.

In the case of personal illness, sick leave shall be granted as follows: After three months' service and less than three years' service, one month on full pay and one month on half pay. After three years' service, two months on full pay.

The total sick leave in any one triennial period shall not exceed two months. The triennial period shall be the three years preceding the date of illness for which leave is claimed.

No payment for sick leave shall be made when the illness is due to the worker's own misconduct.

13.—Wages. (1) Basic wage (per week): $

Males 33.50 Females 25.13

(2) Classifications and margin per week over basic wage: (a) Senior dental technician, Perth

Dental Hospital 25.50 (b) Dental technician advanced (as

defined) 23.50 (c) Dental technician 16.00 (d) Head orderly 7.60 (e) Orderlies 3.80 (f) Linen supervisor 3.50 An allowance of twenty cents shall be paid

to an orderly in respect of any day on which he is required to do autoclaving.

(3) Apprentices (per cent, of basic wage per week):

Five-year term— % First year 35 Second year 50 Third year 68 Fourth year 90 Fifth year 100 + $3.82

30 November, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1191

Pour-year term— % First year 38 Second year 68 Third year 90 Fourth year 100 + $3.82

Three-year term— First year 55 Second year 90 Third year 100 + $3.82

14.—No Reduction. Nothing contained in this award shall operate to

reduce the wages paid to any worker at the date of this award.

15.—Payment of Wages. Wages shall be paid fortnightly.

16.—Uniforms. Dental technicians and orderlies shall be supplied

with uniforms considered necessary by the employer. The uniforms will remain the property of the employer and be laundered free of charge.

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

"the union" means the Hospital Employees' Industrial Union of Workers;

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

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

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

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

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

(c) thereafter remain a unionist while so employed.

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

(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 61B of the In- dustrial Arbitration Act, 1912-1963;

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

(e) 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 com- petent 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 18 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 compet- ent to perform that work;

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

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

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

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

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

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

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

(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 6 IB of the In- dustrial Arbitration Act, 1912-1963; 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.

18.—Engagement and Dismissal. Two weeks' notice of termination of service shall

be given by either side; Provided that a worker may be summarily dismissed for misconduct, in which case he shall be paid up to time of dismissal only.

19.—Apprentices. (1) Subject to the provisions of this clause, the

Apprenticeship Regulations made on the 30th January, 1964 (hereinafter referred to as "the Apprenticeship Regulations") are incorporated in and form part of this award.

(2) Apprentices may be taken to the trade of dental technician in the proportion of one apprentice to every two or fraction of two journeymen, provided that a dentist may himself be regarded as a journeyman for the purpose of this subclause.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [30 November, 1966. 1192

(3) No minor shall be employed as an apprentice unless he has completed the tenth year of schooling and has obtained the High School Certificate or Junior Certificate of the Public Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned when the period of apprenticeship shall be four years.

(4) Where the apprentice has completed the eleventh year of schooling and has obtained the High School Certificate or Junior Certificate of the Public Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period to three and a half years.

(5) Where the apprentice has completed the twelfth year of schooling and has obtained the High School Certificate or Leaving Certificate of the Public Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period to three years.

(6) A minor who has satisfactorily completed an approved pre-apprenticeship course conducted by the Technical Education Division of the Education Department may be indentured as an apprentice under this award on a three-year term of apprenticeship.

(7) (a) Where the period of apprenticeship is for five years—eight hours per week for the first school year and eight hours per fortnight for each of the three subsequent school years.

(b) Where the period of apprenticeship is for less than five years—eight hours per week for the first and second school years and eight hours per fortnight for the next school year.

(c) Until technical classes are provided in the employer's time attendance shall be in the apprentice's own time in such classes as are provided and failure to attend such classes without reasonable excuse shall be regarded as a breach of the award.

(8) Notwithstanding the provisions regarding probationer-ship, no junior who is employed on work for which apprenticeship is provided shall continue in employment except as a registered apprentice after a period of six months shall have elapsed from the date hereof.

I certify pursuant to section 65 of the Industrial Arbitration Act, 1912-1963, that the foregoing is a copy of the agreement arrived at between the parties mentioned above.

Dated at Perth this 22nd day of November, 1966.

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

Filed at my office this 22nd day of November, 1966.

(Sgd.) R. BOWYER, Registrar.

MEAT INDUSTRY. (State.)


No. 26 of 1966. Between West Australian Branch, Australasian

Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Meat and Allied. Trades Federation of Australia (Western Australian Division) Union of Em- ployers, Perth, and others as per attached schedule, Respondents.

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 parties subsequently met and conferred and have arrived at agreement on all matters in difference; and whereas the parties have this day appeared before Commis- sioner D. E. Cort 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 sec- tions 54 and 65 of the Industrial Arbitration Act, 1912-1963, 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".)

Award. 1.—Title.

This award shall be known as the Meat Industry (State) Award, 1966, replacing Awards No. 31 of 1958, No. 26 of 1959, No. 5 of 1959. and No. 10 of 1939.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Copy of Award. 7. Contract of Service. 8. Wages. 9. Tallies and Penalties.

10. Mixed Functions. 11. Annual Leave. 12. Holidays. 13. Sick Leave. 14. Time and Wages Records. 15. Hours. 16. Overtime and Excess Tally. 17. Shift Work. 18. Meal Money 19. Meal Intervals. 20. Breakdowns. 21. Under-rate Workers. 22. Apprentices. 23. Junior Workers. 24. Definitions. 25. Board of Reference. 26. Managers. 27. Travelling Expenses. 28. Tools of Trade, Clothing Allowance. 29. General Conditions. 30. Preference. 31. Long Service Leave. 32. Saving.

1193

3.—Scope. This award shall apply to employers in the meat

industry carried on by the respondents handling fresh, chilled or frozen meat for sale by retail, auction or wholesale or processing that meat for export or killing and dressing and/or preparing sheep, lambs, oxen, calves, goats or pigs in relation to the workers classified in clause 8 hereof, but it shall not apply to employers in the meat industry covered by the Meat Export Award, No. 48 of 1955, as amended, or the Metropolitan District Abattoir (Local Consumption) Award, No. 45 of 1955, as amended.

4.—Area. This award shall operate over an area compris-

ing that portion of the State of Western Australia situated south of the 26th parallel and also that area within a radius of five miles from the Car- narvon Post Office.

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

one year from the beginning of the first pay period commencing after the date hereof.

6.—Copy of Award. A copy of this award shall be kept by each

employer in each establishment in some position accessible to all workers.

7.—Contract of Service. (1) Except as hereinafter provided employment

shall be by the week. Any worker not specifically engaged as a casual worker shall be deemed to be employed by the week. The week's notice may be waived by mutual agreement between the employer and the worker.

(2) Employment other than casual shall be terminated only by a week's notice on either side and such notice may be given at any time during the week, but if given at any time within the worker's normal working hours shall apply from the normal finishing time for the day except where payment is made in lieu of notice, in which case time is calculated from the time of the notice. In lieu of such week's notice the employer shall pay one week's wages and vice versa the worker leaving his employment without notice shall forfeit one week's wages, which may be deducted from wages and pro rata annual leave due. This shall not affect the right of an employer to dismiss a worker without notice for misconduct, in which case wages shall be paid up to the time of dismissal only.

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

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

(a) Adult males 33.50 (b) Adult females 25.13

(2) Adult male workers—retail establishments (margin over male basic wage per week): (a) General butcher 11.20 (b) First shopman (in shop employing

two or five workers, inclusive) .... 12.90 (c) First shopman (in shop employing

more than five workers) 14.60 (d) Smallgoodsman 11.20 (e) Counterhand 7.60

(f) When a general butcher is required by the employer to accept temporary responsibility additional to his normal duties, he shall be paid at the rate applicable to first shopman as specified in clause 8 (2) (b) hereof on each day so required.

(3) Adult male workers—meat auctions, wholesale, pre-packing or export processing establishments: (a) Leading hand 13.80 (b) Boner, specified or piece meat

boning 12.60 (c) Boner, straight boning 11.20 (d) General butcher 11.20 (e) Sheer and/or trimmer 9.40 (f) Sawyer and/or meat lumper .... 6.95 (g) All others 6.75

(4) Adult male workers in slaughtering- establishments : (a) Slaughterman (on-rail dressing) .. 16.10 (b) Slaughterman (solo) 12.70 (c) Trimmer 10.05 (d) Dehorner and tonguer 11.20 (e) Viscera separator 8.65 (f) Jaw puller, head trimmer and

head splitter 10.05 (g) Hide salter 7.40 (h) Casing cleaning hand 10.50 (i) Chiller tally clerk 8.90 (j) Chiller hand 6.95 (k) Stockmen and penner-up .... 6.75 (1) Yard labourer 4.50 (m) All other workers 6.75

(5) Adult female workers (margin over female basic wage per week): (a) Saleswoman 8.90 (b) Counterhand 5.05 (c) Wrapper 5.05 (d) Females in pre-packing section

whose work includes pricing .... 6.05 (e) Spotter 5.90 (f) All others 5.05 (g) A female worker who performs

duties other than those contained in the classifications hereof, shall be paid the same margin as is prescribed for adult males for the appropriate class of work. This shall not apply to the duties of a general butcher, for which the total male rate shall apply. The provisions of clause 10, Mixed Functions, shall not apply when females perform duties of a general butcher.

(h) The number of females (excluding wrappers in export and pre- pack establishments and counterhands) shall not exceed one to three or fraction thereof adult male workers.

(i) Females employed as leading hands shall be paid in addition:

If placed in charge of less than three workers 0.75

If placed in charge of three or more, but less than ten workers 1.50

If placed in charge of ten or more workers 3.00

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [30 November, 1966.

(6) Adult male workers in freezers (Mar- gin over male basic wage per week):

(a) Freezer hand (i.e. a worker who is required to work in a temperature between 32 degrees and 4 degrees fahrenheit) 9.40

(b) Workers required to work in a temperature below 4 degrees fahrenheit shall be paid thirty cents per day extra.

(c) A worker required to work in a freezer chamber shall be supplied by the employer free of cost, with a freezer suit with hood attached, freezer gloves and suitable freezer boots.

(d) No worker shall be required to work in a freezer chamber longer than sixty minutes continuously without a break outside of a least five minutes.

(e) Each freezer chamber shall have an effective escape hatch fitted.

(7) Drivers of motor vehicles (margin over male basic wage per week): (a) (i) Not exceeding 25 cwt capa-

city 7.80 (ii) Exceeding 25 cwt and not

exceeding 3 tons capacity .... 9.30 (iii) Exceeding 3 tons and under 6

tons 10.80 (iv) For each complete ton over

5 tons capacity, twenty-five cents additional margin, provided that the maximum amount shall not exceed four dollars.

(v) Drivers of loaded motor wagons (except tractors) drawing a loaded trailer also (not to include a mechanical horse) forty cents per day extra.

(b) Driver of fork lift 7.65 (c) Driver of articulated vehicles .... 13.10

Exceeding 8 tons capacity for each complete additional ton, twenty-five cents additional margin, provided that the maximum amount shall not exceed five dollars.

(8) Junior workers (per cent, of male basic wage per week): (a) Junior males may only be em-

ployed in establishments handling meat for sale by wholesale, auction or processing for export and as counterhands.

Males— % Under 18 years of age .... 60 18 to 19 years of age 70 19 to 20 years of age 90 20 to 21 years of age 100

wage per week): 15 to 16 years of age 16 to 17 years of age 17 to 18 years of age 18 to 19 years of age 19 to 20 years of age 20 to 21 years of age

(9) Apprentices (per cent, of male basic wage per week): (a) Five-year term—

First year Second year Third year Fourth year Fifth year

90 .... 100

plus $3.82 (b) Four-year term-

First year .... Second year Third year Fourth

38 68 90

... 100 plus $3.82

(c) Three-year term- First year 55 Second year 90 Third year 100

plus $3.82 (10) Casual workers shall be paid a proportion

of the ordinary weekly rate calculated on the number of hours actually worked plus twenty per centum of such amount, with a minimum engagement of seven hours, except that on the weekly half holiday it shall be five hours.

(11) Part time workers shall be paid a proportion of the ordinary weekly rate calculated on the number of hours actually worked plus ten per- centum of such amount and shall be employed on a weekly contract of service as per clause 7 hereof.

(12) Adult male leading hands: Leading hand (i.e. in charge of two or more workers) shall receive seventy cents per day extra.

. 9.—Tallies and Penalties. (1) (a) Boners tallies. The following daily

tally or the equivalent thereof per boner shall be— (i) Beef—36 quarters. (ii) Sheep—63 carcases.

(iii) Vealers—45 carcases. (iv) Goats—63 carcases.

For the purpose of computing the daily tally, the following equivalents shall apply:—

(b) Beef: One hindquarter shall equal one quarter of

beef. One forequarter shall equal one quarter of beef. One forequarter or hindquarter weighing 200

lb. or over shall equal one and a half quarters.

Five briskets shall equal one quarter of beef. Three rumps and loins shall equal two quarters

of beef. Fifteen shins shall equal one quarter of beef.

Two necks and blades shall equal one quarter of beef.

Two ribs and two briskets shall equal one quarter of beef.

Three crops shall equal two quarters of beef. Three shoulders shall equal two quarters of

beef.

30 November, 1966.] western Australian industrial gazette. 1195

Three chucks and blades shall equal two quarters of beef.

Five butts shall equal two quarters of beef. Seven briskets with shin attached shall equal

two quarters of beef. Three loins shall equal one quarter of beef.

(c) Bulls: One quarter of bull or stag beef shall equal

two quarters of beef, provided that all quarters of bull beef in excess of two per day which are less than 140 lb. each shall be classed as ordinary beef.

(d) Sheep and Goats: one carcase under 64 lb. or one trunk with

chump or portion of chump attached shall equal one carcase.

One carcase or one trunk with chump or portion of chump attached over 64 lb. and under 90 lb. shall equal one and a half carcases.

One carcase 90 lb. or over shall equal two carcases.

One ram shall equal two carcases. One billy goat 40 lb. and over shall equal two

carcases. Four trunks shall equal three carcases. Four pairs of legs shall equal one carcase. Three pairs of loins shall equal one carcase. Two pairs of hindquarters shall equal one car-

case. Two pairs of forequarters shall equal one car-

case. When carcases are boned out, ribbed and bird-

caged, each such carcase shall equal one and one quarter carcases in excess of three per day.

(e) Veal: One calf under 60 lb. or trunk with chump or

portion of chump attached shall equal one carcase.

One calf or one trunk with chump or portion of chump attached over 60 lb. and under 120 lb. shall equal one and a half carcases.

One calf over 121 lb. and under 200 lb. shall equal three carcases.

Three pairs of loins shall equal one carcase. Four trunks shall equal three carcases. Four pairs of legs shall equal one carcase. Two pairs of hindquarters shall equal one car-

case. Two pairs of forequarters shall equal one car-

case. (2) Slicers and trimmer's tallies: In any estab-

lishment, sheers and/or trimmers may work under the tally system subject to mutual agreement between the employer and the union. Any dispute arising from this subclause shall be referred to a Board of Reference for determination.

(3) Slaughterman's tallies: The following tallies or their equivalents shall apply to slaughtermen engaged in on-rail slaughtering establishments, employed by the following respondents only; Tip Top Abattoir Pty Ltd; Waroona Abattoir Pty Ltd and Bunbury Beef Exports Pty Ltd;—

(a) (i) Cattle tally — on-rail-dressing — ten cattle per man per day.

(ii) Calves shall count as cattle in the following ratios—

Up to 100 lb. dressed weight—2£ : 1. 101 lb. to 150 lb. dressed weight—H : 1. 151 lb. to 200 lb. dressed weight—1| : 1. 201 lb. and over dressed weight—1 : 1.

(b) Sheep tallies: (i) Chain system—74 sheep or lambs per

man per day. (ii) Solo system—54 sheep or lambs per

man per day.

(c) Goat tallies: (i) Chain system—74 goats per man per

day. (ii) Solo system—54 goats per man per

day.

(d) Pig tallies: (i) De-hairing machine—Up to 200 lb.-—

36 per man per day. (ii) Hand dressed—Up to 80 lb.—20 per

man per day. 81 to 200 lb.-—14 per man per day. Over 200 lb.—7 per man per day.

(4) Penalty Rates: (a) Bulls and genuine stags 300 lb. and over—

double rates. "Genuine stag" means a fully grown animal that exhibits characteristics of a bull including a definite neck crest.

(b) All rams including ram lambs 50 lb. and over and genuine stags—double rate. "Genuine stag" means any animal that has been castrated late or after maturity and which fully exhibits ram characteristics but does not include wethers that have been burdizzod.

(c) Injured, maggoty, daggy, downer, objectionably crippled, objectionably wet or dirty sheep or lambs, full wool sheep, sheep over 62 lb. dressed weight as shown on the scales—rate and a half.

(d) Pigs weighing over 200 lb. (Dehairing machine)—rate and a half.

(e) Boars weighing over 200 lb.—double rates. (f) Goats—

(i) Nanny goats—23.33 cents per head.

(ii) Billy goats—32.5 cents per head. (g) All stock that is condemned by the

Veterinary Officer for the following diseases shall be paid for at double the ordinary rates; tuberculosis, cancer, ulcer, tumor, gangrene, leptospirosis and brucel- losis.

(5) Overtally and penalty rates shall be com- puted on the basis that the basic wage plus the margin for the particular classification equals a week's tally without penalties.

(6) Tally workers who are kept waiting for stock in excess of fifteen minutes shall be paid at time rates until the stock arrives.

(7) Liberty is reserved to either party to apply to amend the tally for on rail dressing, should there be any change in the system or mechanical

(8) Any dispute arising from this clause shall be referred to a Board of Reference for determination.

10.—Mixed Functions. A worker may be required to perform any work

but he shall be paid the higher rate if engaged on a higher classification for more than three and a half hours per day, Monday to Friday, two and a half hours on a Saturday but if engaged on a higher


classification for less than three and a half hours Monday to Friday, or two and a half hours on a Saturday, he shall then be entitled to payment at the higher rate only for the time so employed.

11.—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 such employer. An employer shall give at least four weeks' notice to a worker of the date he requires him to commence his annual leave.

(2) If any award holiday falls within a workers 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) A worker who is justifiably dismissed for misconduct shall not be entitled to the benefit of the provisions of this clause.

(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) The provisions of this clause shall not apply to casual or part time workers.

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

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

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

lieu shall, subject to clause 16 hereof, be observed as holidays without deduction of pay, namely; New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, State Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day.

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

(3) Any worker absenting himself from work on the working day preceding or on the working day following a holiday without reasonable excuse or without the consent of the employer shall not be entitled to payment for the holiday.

(4) This clause shall not apply to casual or part time workers.

13.—Sick Leave. (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 (6) 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.

(2) This clause shall not apply when the worker is entitled to compensation under the Workers' Compensation Act, 1912.

(3) 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.

(4) A worker if physically capable shall, within eight hours of the commencement of such absence inform the employer of his inability to attend for duty and as far as practicable state the nature of the injury or illness and the estimated duration of the absence.

(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) 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 sub-clause shall be available to workers for a period of two years but no longer from the end of the year in which it accrues.

(7) The provisions of this clause shall not apply to casual or part-time workers.

14.—Time and Wages Record. (1) The employer shall provide a time book or

time sheet to be kept where the workers usually commence work, in which each worker shall enter his starting and finishing times each day and such entries shall be signed by the worker each day. Any system of automatic recording by means of machine shall be deemed to comply with this provision to the extent of the information recorded.

(2) The employer shall keep records where the worker usually commences work showing—

(a) the name and address of each worker; (b) the occupation of each worker; (c) the time worked by each worker; (d) the wages and overtime paid therefore;

and (e) the total number of carcases and/or pieces

processed by a tally worker each day.


(3) Such records shall be open for inspection by an authorised union official and such an official making an inspection shall be entitled to take a copy of entries in the time book or time sheet and wages record during working hours.

(4) If for any reason the wages records be not available when the authorised union official calls to inspect them, they shall be made available for inspection within twenty-four hours or a later time specified by the official, such time not to exceed seven days.

15.—Hours. (1) The ordinary working hours in other than

retail shops shall not exceed forty in any one week or eight in any one day Monday to Friday inclusive. Such hours to be consecutive except for the meal break.

(2) The ordinary working hours in a retail shop shall not exceed forty in any one week or eight in any one day, Monday to Friday and five and a quarter hours on Saturday or the day on which the weekly half holiday is observed.

(3) The ordinary starting time shall not be earlier than 6.30 a.m. and the ordinary finishing- time shall not be later than 5.30 p.m. Monday to Friday inclusive and in retail shops from 3.30 a.m. to 12.15 p.m. on Saturday or the day on which the weekly half holiday is observed. These times may be altered by mutual agreement between the union and the employer or in default of agreement by a Board of Reference.

(4) The starting and ceasing time shall be mutually arranged between the employer and the worker; in the absence of agreement a Board of Reference shall decide.

(5) All time worked during the ordinary hours of work on Saturday or on the weekly half holiday shall be paid for at the rate of ordinary time and a quarter. This subclause shall apply to full time, casual and part time workers.

16.—Overtime and Excess Tally. (1) (a) All time worked outside the ordinary

working hours on any day shall be paid for at the rate of time and one half for the first four hours, and double time thereafter.

(b) All time worked on Easter Saturday shall be paid for at the rate of time and one half for the first four hours and double time thereafter.

(2) When a worker has left the premises and is recalled to work under this clause he shall be paid at least two hours at ordinary over-time rates.

(3) Wox-k performed on Sundays or holidays or the days observed in lieu, shall be paid for at the rate of double time with a minimum payment of two hours. Tally workers shall be paid double rate.

(4) When the daily tallies or the equivalent prescribed in clause 9 are exceeded, a tally worker shall be paid rate and a half for each such excess.

17.—Shift Work. (1) An employer may, if he so desires, work his

establishment on shifts, but before doing so shall give notice of his intention to the union and of the intended starting and finishing times of ordinary working hours of the respective shifts.

(2) 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. The sequence of work shall not be deemed to be broken by reason of the fact that work on the process is not carried out on a Saturday or Sunday or on any public holiday.

(3) The loading on the ordinary rates of pay for shift work shall be five per cent, for afternoon shift and ten per cent, for night shift.

(4) Where a shift commences at or after 11 p.m. then the whole shift shall be paid for at the rate which applies to the major portion of the shift.

18.—Meal Money. (1) A worker required to work overtime for more

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

(2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall, unless he has notified the workers concerned on the previous day or earlier that such second or subsequent meal will also be required, provide such meals or pay an amount of forty cents for each such second or subsequent meal.

(3) No such payments need be made to workers living in the same locality as their place of employment who can reasonably return home for such meals.

(4) If a worker in consequence of receiving such notice has provided himself with a meal or meals and is not required to work overtime, or is required to work less overtime than notified, he shall be paid the amounts above prescribed in respect of the meals not then required.

19.—Meal Intervals. (1) A worker shall not be compelled to work for

more than six hours without a break for a meal. Such meal intervals shall not be less than thirty minutes nor more than one hour, to be taken as mutually arranged between the employer and the worker.

(2) When a worker is required for duty whereby his normal meal interval is postponed for more than one hour, he shall be paid at overtime rates until he gets his meal.

20.—Breakdowns. The employer shall be entitled to deduct pay-

ment for any day or portion of a day upon which a 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.

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

infirmity is— (a) 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;

(b) in the event of no agreement being arrived at the matter may be referred to the Board of Reference for determinaton;

(c) 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.


(2) Learners may be employed at slicing and/or trimming or boning for a period not exceeding three months and shall be paid at the "all others" classification during that period.

22.—Apprentices. (1) The employment of apprentices shall be

governed by the Statutory Apprenticeship Regula- tions, 1964, which shall form part of and be embodied in this award with the following exceptions:—

Delete paragraph (c) of Regulation 25, Technical Education Classes and insert in lieu thereof the following:—

The period during which apprentices are to attend such technical school or classes if any, shall be four hours per week, February to November, during the first, second and third years only of their apprenticeship provided that an apprentice commencing his apprenticeship after March 1st in any year shall for the purpose of this paragraph of regulation 25 be deemed to commence "the first, second and third years only of their apprenticeship" as from the commencement of the school years following the date of registration of the apprenticeship. Apprentices who have completed an approved pre- apprenticeship course shall be required to attend technical education classes for four hours per fortnight in the first year only of their three year apprenticeship.

(2) The maximum number of apprentices allowed to any employer in any one establishment shall be in the proportion of one apprentice to every three or fraction of three journeymen employed. Provided that a fifth year apprentice shall not be counted for the purpose of this subclause.

(3) (a) Except as hereinafter provided every agreement of apprenticeship shall be for a period of five years unless, with the approval of the Com- mission, that period is reduced or deemed to have been commenced prior to the date of the agreement provided that—

(i) Where the apprentice has completed the tenth year of schooling and has obtained the High School Certificate or Junior Certificate of the Jublic Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, the period of apprenticeship shall be four years; and

(ii) where an apprentice has completed the eleventh year of schooling and has obtained the High School Certificate or Junior Certificate of the Public Examina- tions Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period to three and a half years; and

(iii) where the apprentice has completed the twelfth year of schooling and has obtained the High School Certificate or Leaving Certificate of the Public Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period to three years.

(b) A minor who has satisfactorily completed an approved pre-apprenticeship course conducted by the Technical Education Division of the Education Department may be indentured as an apprentice under this award on a three-year term of apprenticeship.

(4) Where an employer or manager usually and customarily works at the trade, he may be counted as a journeyman for the purpose of this clause.

(5) Apprentices shall not be permitted to deliver meat to householders.

(6) Apprentices may be indentured to the trades of general butcher, smallgoodsman, or slaughterman.

23.—Junior Workers. (1) In any establishment or part thereof where

an apprentice is not permitted or where the number of apprentices that may be employed has been fully availed of, junior workers may be employed in the proportion of one junior to every four or fraction of four workers in receipt of the basic wage or over, subject to the following provisions;—

(a) Provided that if employed as boners, slicers, slaughtermen or trimmers, they shall be paid in accordance with the adult rate for the class of work performed.

(b) Provided that no junior worker under the age of 18 years shall be employed in the chain system as a slaughterman, carcase pushed, caul fat remover, or gambrel and spreader inserter.

(c) No junior shall be permitted to lift weights in excess of the following;—

(i) Under 16 years of age .... 401b. (ii) Under 17 years of age .... 601b. (iii) Under 18 years of age .... 801b.

(2) Junior workers may be employed in assisting carcase carters but not more than one junior shall be employed on each vehicle and he must be in the capacity of an assistant.

24.—Definitions. (1) "First Shopman": In every shop where two

or more workers are employed one shall be classed as First Shopman. Provided however, that where a manager is employed who works in the shop, he shall be considered as First Shopman.

(2) "General Butcher": Means a person who has served an apprenticeship or has had at least four years' general experience in general butchering and is not exclusively employed in the making of smallgoods or in such other cases where an employer engages or calls upon a worker to perform tradesmen's functions or general butcher.

(3) "Smallgoodsman" means an employee who has served a relevant apprenticeship or has had at least four years' general experience in smallgoods- making and who is responsible for the making and who may be required to perform all tasks including that of mixing-machine operator, butcher, boner, salter and/or pickle pumper, cooker, filler- man, linker and tablehand.

(4) "Saleswoman" means a female worker, other than a counterhand, whose duties include the selling of uncooked meats already prepared for sale and who may use a knife to divide smallgoods and cut fresh meat on scales to weight and price up for display.


(5) "Counterhand": A worker selling uncooked pre-wrapped meat and who is not required to cut such meats.

(6) "Wrapper": A female worker who wraps or packs fresh meat or smallgoods in paper, cartons or other wrapping material in a shop, factory or pre-pack establishment.

(7) "Spotter": A female worker who may use a knife, shears or scissors to remove hair, dirt or pieces of sinew, but shall not trim or slice as classified.

(8) "Boner": A boners work shall be boning out whole carcases of beef, veal, mutton, lamb, pork, goats and/or piecemeats in any of these categories. The foreman shall direct the boning method required, that is straight or specified boning and/or piecemeat boning.

(a) Straight boning shall mean any type of boning on benches or rails other than specified or piecemeat boning.

(b) Specified or piecemeats boning shall mean the type of cut that the employer or foreman directs the boner carry out.

(9) "Slicers and/or trimmers": Sheers and/or trimmers work shall be the removal of sinews, serious membrane, lymph glands, excessive fat, dirt, foreign material, skinning out and slicing to size, removal of any portion or parts and placing into cartons or boxes as required and assist with cleaning down on completion of day's slicing or trimming operations.

(10) "Slaughterman" shall be and mean a person who, in killing and/or dressing livestock, performs one or more of the following tasks:—

(a) Cattle (on rail system)—Shooting or knocking down, tipping out of crush, bleeding, skinning of cheeks, cutting off head, shackling, hoisting to bleeding rail, skinning first hind leg, removing hock, in- serting roller, placing on rail, cleaning tail and butts, skinning tail, skinning flanks, removing front hocks, siding, backing and necking off, drop hides on to conveyor or trolley as required, mark and saw briskets, opening up, fronting out, sawing down.

(b) Cattle and/or calves (Solo system)— Shooting or knocking down, tipping out of crush, bleeding, skinning of cheeks, cutting off head, hoisting to bleeding rail, lowering pritching, footing off, grounding, cutting and sawing brisket and aitch bones, opening up, placing rollers and tree, hoisting skinning tail, backing off, fronting out, chopping or machine sawing down, necking off and hanging off.

(c) Sheep and/or lambs and/or goats (on- rail chain system): Catching, sticking, shackling, skinning hind legs, placing long- hooks and removing shackles, removing hind trotters, skinning foreleg, removing tongues and sweetbreads, cheeking, tying wizzands, punching, clearing briskets, splitting skins, removing front trotters, flanking out and thumbing up, clearing tail and rectum gut, punching off skins and scalping, removing heads, gutting, removing paunch and pluck, trimming neck and splitting down briskets.

(d) Sheep and/or lambs (solo): Scruffing, sticking, skinning legs and cheeks and removing trotters, punching briskets, tying

wizzands, hanging up, splitting skin, flanking and thumbing up, cleaning tail and rectum gut, punching off skins, opening up, removing viscera and placing as required, splitting down brisket, taking out pluck and hanging off.

(e) Pigs: Knocking down or stunning, sticking, bleeding, handling into scald tank and/or dehairing machine, hanging up, scraping, shaving and thoroughly cleaning, opening up, removing viscera, and placing as required, washing, tucking up, and hanging off.

(11) "On Rail Dressing": A system of slaughtering where the carcase is moved from one slaughterman to another by a mechanical and/or gravity rail system.

(12) Any dispute arising from this clause shall be referred to a Board of Reference for determination.

25.—Board of Reference. The Commission hereby appoints for the pur-

pose of the award a Board of Reference consisting of a Chairman and two other members who shall be appointed pursuant to regulation 80 of the In- dustrial Arbitration Act (Western Australian Industrial Commission) Regulation, 1964.

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.

26.—Managers. (1) This award shall not apply to managers—•

for the purpose of this clause a "manager" shall mean—

A person who attends to managerial duties and who is in charge of the establishment, and/or who directs and supervises operations in connection with such establishment and does butchering work; and who works under a written contract of service with his employer and is entitled to a margin of not less than seventeen dollars per week and is also entitled to receive a month's notice before his service may be dispensed with, except in the case of misconduct.

(2) Where an employer regularly and usually performs butchering work for a substantial portion of the week in the establishment (or a substantial part thereof) no worker in that establishment (or part thereof) shall be a manager.

(3) Any dispute which may arise hereunder shall be heard and determined by a Board of Reference.

(4) A copy of the agreement of service shall be lodged with the Industrial Registrar; the employer and manager shall be jointly responsible for the lodgment of the agreement of service with the Registrar, and upon such lodgment, the Registrar shall notify the union of the name of the worker and the employer concerned.

27.—Travelling Expenses. All reasonable travelling expenses incurred by

any worker sent from one establishment to another shall be refunded by the employer.


28.—Tools of Trade, Clothing Allowance. (1) An allowance for tools of trade and clothing

shall be made at the rate of fifty cents per week to adult workers required on cutting and/or boning and twenty cents per week to all other adult workers. Provided that such allowance shall not be paid where an employer supplies tools and clothing as required.

(2) Apprentices shall be paid an allowance for clothing and tools of thirty-five cents per week.

(3) Junior workers shall be paid an allowance for clothing and tools as follows:—

Per week: cents Under 18 years of age 20 18 to 19 years of age 30 19 to 20 years of age 40 20 to 21 years of age 50

(4) Females employed as saleswomen, counterhands, wrappers and spotters shall be paid thirty cents per week as a clothing allowance when any clothing required to be worn is not supplied by the employer.

(5) The employer shall supply caps and tunics to each worker engaged in carcase carting.

29.—General Conditions. (1) When boners, slicers and/or trimmers are

employed under the tally system they shall work on a team basis, e.g. there shall be a team of slicers and/or trimmers who shall slice, trim and place into cartons the total daily amount required by the employer.

(2) The employer shall keep in each boning section a tally board on which shall be shown the number and type of carcases that are to be processed each day. The total throughput each day shall be equally divided amongst the teams of tally workers engaged.

(3) A tally worker who has completed tally or overtally required for the day by the employer, shall not be required to perform any other work for that day.

(4) All boners shall be provided free of cost with a safety apron made of polythene and canvas and boners, slicers and trimmers shall be provided with chain mesh gloves consisting of not less than the thumb and forefinger.

(5) The employer shall provide suitable dressing rooms containing sufficient lockers for all workers except casuals when required, also full provision for the drying of wet clothes in establishments other than retail shops.

(6) The employer shall provide suitable dining room with sufficient hot water for the making of tea, etc., also sufficient tables and seating accommodation for all workers in establishments other than retail shops.

(7) Sufficient hot and cold showers, also power driven grindstone to be provided in establishments, other than retail shops.

(8) No junior worker shall be permitted to work in a chamber with a temperature below 320F. "Chamber" shall mean any room artificially cooled.

(9) No worker shall be required or permitted to work in a boning room when the temperature is lower than 45°F.

(10) Workers when over heated through working outside, shall be allowed to cool down before enter- ing the cold chamber.

(11) All workers shall be paid weekly and in the time of the employer not later than Friday in each week.

(12) There shall be a person readily available to attend to any injury sustained by any worker.

(13) The employer shall supply when required, reasonable transport to any injured worker, without cost to the worker.

(14) The employer shall supply free of cost, waterproof boots to any worker required to do washing or hosing down of floors.

(15) Each workers wages shall be enclosed in an envelope on or in which shall be shown the name of the worker, the period of service, ordinary time worked, overtime worked and other penalties and any other deductions.

(16) No employer shall board or lodge any of his workers, excepting members of his family, on his business premises.

(17) The employer shall maintain an adequate first aid kit in each section of each establishment accessible at all times.

(18) Any dispute arising from this clause shall be referred to a Board of Reference for determination.

30.—Preference. (1) In this clause—

"the union" means the West Australian Branch Australasian Meat Industry Employees' Union, Industrial Union of Workers, Perth.

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


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

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



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

(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 6 IB of the In- dustrial Arbitration Act, 1912-1963;

(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;

30 November, 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

(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; or

(d) who is an apprentice. (4) (a) Where the secretary of the union has

notified an employer that an non-unionist to whom the provisions of subclause 2 of this clause apply has failed or refused to comply with these provisions that non-unionist shall hot 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 ani who is adequately experienced and otherwise com- petent in the work performed by that non-unionist.

(b) Where paragraph (a) of this subclause operates so as to require that dismissal of a non- unionist by his employer the provisions of clause 7 of this award are hereby declared inoperative in respect of that dismissal but only if—



(c) This subclause shall not apply to an apprentice.

(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 com- petent 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; and

cc) is able to commence work at the time required by the employer.

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

(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 6IB of the In- dustrial Arbitration Act, 1912-1963.

(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; or

(c) who is an apprentice.

31.—Long Service Leave. The Long Service Leave provisions in Volume

45 of the Western Australian Industrial Gazette at Pages 15-21, inclusive, are hereby incorporated in and shall be deemed to be part of this award.

32.—Saving. Nothing in this award shall be the means of

reducing the wages and allowances at present being paid to workers covered by this award, employed by the respondents in excess of the award rates.

1201

Schedule of Respondents. W. Pope & Co., 199 Murray Street, Perth. Charlie Carter Pty Ltd, 556 Hay Street, Perth. W. H. & P. Waddell, 1269 Hay Street, Perth. H. A. W. Jones Pty Ltd, 19 Cantonment Street,

Fremantle. Patton Meat Pty Ltd, Donovan Street, Osborne

Park. Boans Ltd, Murray Street, Perth. Woolworths Pood Fair, 15 Berwick Street, Victoria

Park. J. & C. E. Bazeley, Roe Street, Bridgetown. Roediger Bros, 182 Fitzgerald Street, Northam. E. G. Green & Sons Pty Ltd, 61 Uduc Road, Harvey. Waroona Abattoirs, Waterhouse Road, Waroona. F. C. Dundas. 15 Alexander Drive, Mt Lawley. Nelson Everett Pty Ltd, Metropolitan Markets, Wel-

lington Street, Perth.

I certify pursuant to section 65 of the Industrial Arbitration Act, 1912-1963, that the foregoing is a copy of the agreement arrived at between the parties mentioned above.

Dated at Perth this 27th day of October, 1966. [L.S.l (Sgd.) D. CORT,

Commissioner.

Filed at my office this 27th day of October, 1966. (Sgd) R. BOWYER,

Registrar.

A WARDS—Amendment of— BAKERS.

(Kalgoorlie.) Award No. 14 of 1955.


No. 625 of 1965. Between West Australian Operative Bakers' Union

of Workers, Applicant, and Rogers Bakery, Respondent.

HAVING heard Mr. J. Skidmore on behalf of the applicant and Mr. D. Hosking on behalf of the respondent, 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, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

That the Bakers' (Kalgoorlie) Award, No. 14 of 1955, as amended, be and the same is hereby further amended and consolidated in accordance with the following schedule and that such amendment and consolidation shall take effect as from the beginning of the first pay period commencing on or after the date hereof.

Dated at Perth this 4th day of November, 1966. (Sgd.) S. F. SCHNAARS,

[L.S.l Commissioner.


Award 1.—Title.

This award shall be known as the Bakers' (Kalgoorlie) Award No. 14 of 1955, as amended and consolidated.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Term. 4. Area. 5. Definitions. 6. Hours. 7. Overtime. 8. Wages. 9. Holidays.

10. Higher Duties. 11. Record and Right of Entry. 12. Termination of Services. 13. Accommodation. 14. Aged and Infirm Workers. 15. Breakdowns. 16. Absence through Sickness. 17. Apprentices. 18. Board of Reference. 19. Long Service Leave. 20. Scope. 21. Special Rates. 22. Fares and Travelling. 23. Allowance. '*24. Preference to Unionists.

* Denotes disputed clause.


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

(The award was delieverd on the 13th day of May, 1955.)

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

prised within a radius of eight miles from the Post Office, Kalgoorlie.

5.—Definitions. "Baker" shall mean a person employed in or in

connection with the mixing, handling, moulding or baking of dough. Provided that such a worker may be required by the employer to perform any general work in connetcion with the bakehouse.

"Jobber" shall mean a man casually employed for not less than three hours during any one day or night.

"Single hand" shall mean a baker who is employed in a bakehouse where there^ is no other person regularly employed in the mixing, handling, or baking of dough.

"Foreman" shall mean a baker who has charge of the work and of one or more workers, including apprentices, in the bakehouse.

An employer who performs the work of a com- petent baker and personally exercises regular and substantial supervision of the work in his bakehouse may be classified as a foreman.

"Making a dough" shall include all work incidental to, preparing for, and finishing off the work of a doughmaker.

The words "making of" when used in connection with bread, Vienna bread or yeast goods shall include the baking thereof.

6.—Hours. (1) The ordinary hours of labour exclusive of

meal intervals shall be as follows:— (a) In an ordinary week, forty hours. (b) In a week in which an award holiday

occurs, thirty-three hours twenty minutes. (c) In a week in which two award holidays

occur, twenty-six hours forty minutes. (2) Excepting Friday, the hours of work each

day shall be continuous. This provision, however, shall not be deemed to include the necessary attendance for dough-making.

(3) Spread of Hours.—For all work except doughmaking, the starting time shall be not earlier than 1 a.m. on Monday and 2 a.m. on Tuesday, Wednes- day and Thursday, with a finishing time of not later than 1 p.m. On Friday the starting time shall not be earlier than 2 a.m. with a finishing time not later than 12 noon and a further starting time of not earlier than 6 p.m. with a finishing time not later than 8 a.m. on Saturday.

(4) Any worker, other than a doughmaker called upon to make a dough or doughs outside the times prescribed in subclause (3) hereof for less than the full shift shall be allowed a minimum period of two hours for making such dough or doughs and such time or the actual time if in excess of two hours shall be regarded as part of his daily ordinary working hours.

(5) There shall be no fixed starting or finishing times for a worker making doughs.

(6) Jobber—Minimum Engagement—A jobber shall not be engaged for less than three hours in any one day, except when engaged in doughmaking.

(7) Except as hereinafter provided, no worker other than a worker making doughs, shall be allowed on the employer's premises more than half an hour prior to the starting time: Provided that in the case of defective formentation or other un- avoidable cause or through the breakdown of the employer's machinery or for any other cause beyond the control of the employer, proof of which shall in each case be on the employer, workers may attend and be employed upon all necessary work for a period up to but not exceeding one hour prior to the starting time: And provided further that the employer and/or his foreman or, if no foreman is available, one worker acting in place of such a foreman, shall be allowed on the employer's premises and may work for one hour prior to the starting time but shall not commence dividing or scaling off by machine or hand as the case may be.

(8) Except when engaged on doughmaking on Friday no worker shall be allowed to resume work until he has had a clear six hours off.

(9) Prima facie Breach—An employer shall be deemed prima facie to be guilty of a breach of this award if a batch of bread is found drawn from his oven earlier than two hours after the prescribed actual starting time.

(10) (a) When a double or treble delivery day falls on a Tuesday, Wednesday, Thursday or Fri- day, the starting time shall be not earlier than 8 p.m. on the day preceding such double or treble day.

(b) When a double or treble delivery day falls on a Monday the starting time shall be not earlier than midnight on Sunday.

(c) The starting time following a bakers' holiday (other than Chrismas Day) shall be not earlier than 1 a.m.: Provided that the starting time fol- owing Boxing Day shall be not earlier than midnight of that day: Provided further that when a


bakers' holiday (other than Christmas Day) falls on a Friday, the starting time shall not be earlier than 8 p.m. on that day.

(d) When a bakers' holiday falls on a Saturday, the starting time shall be not earlier than midnight on Sunday and when a bakers' holiday (other than Christmas Day) falls on a Monday, the starting time shall be not earlier than midnight of that day.

(11) Meal Time: A meal interval of not less than twenty minutes nor more than forty minutes shall be allowed to each worker after the completion of not less than two and a half hours' work and not more than five hours' work.

(12) Crib Time: After every four hours by which the time worked by him in any shift exceeds four hours, a worker shall be entitled to a crib time or rest period of ten minutes which shall count as part of the time worked and which shall be taken at a time to suit the convenience of the employer, either before or after the time when the entitlement accrues.

7.-—Overtime (1) All time worked in excess of the hours pre-

scribed as a week's work under Clause 6 (1) hereof, shall be paid for at the rate of time and a half for the first three hours and double time thereafter.

(2) All time worked beyond ten hours on any shift shall be paid for at the rate of time and a half for the first three hours and double time thereafter.

(3) For the purpose of any calculations necessary under this award—

8 to 22 minutes shall be deemed i hour. 23 to 37 minutes shall be deemed i hour. 38 to 52 minutes shall be deemed f hour. 53 to 67 minutes shall be deemed 1 hour.

(4) 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.


covered by this award shall be as follows:— $

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

week): Foreman in charge of four or

more workers 16.20 Foreman in charge of less than

four workers 15.25 Single hand baker 14.30 Doughmaker 14.30 Baker doing oven work or board

hand 12.60 Jobber—One-fortieth of the oven

or board hand's wage plus ten per cent, per hour

Jobber taking charge—50 cents per day extra.

1203

(3) A worker other than a doughmaker who is called upon to make doughs shall be paid doughmaker's wages during the time he is performing these duties.

(4) There shall be a foreman in each bakehouse where more than one worker is employed, but where a single-hand baker is employed the existing customs shall continue.

(5) Relieving workers shal be paid at the rate of ten per cent, in addition to the rates prescribed in this clause.

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

lieu shall, subject to subclause (2) hereof, be allowed as holidays without deduction of pay, namely, New Year's Day, Labour Day, Good Friday and Christmas Day.

(2) Any work done on these specially named days shall be paid for at the rate of double time.

(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) 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 after a period of twelve months' continuous service with such employer.


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

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

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

(b) 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.

(9) The provisions of this clause shall not apply to Jobbers or Relieving Workers.

10.—Higher Duties. Workers called upon to perform higher duties

for which a higher rate is prescribed than that of which they are in receipt shall be paid such higher rate for such time as they are actually performing such higher duties, if employed under four hours, and if employed for four hours or more, they shall receive a day's pay at such higher rates.


11.—Record and Right of Entry. (1) A time and wages book shall be kept by the

employer in the bakehouse in which each worker shall enter the time he starts and finishes work each day, the hours worked each week and the amounts of wages received, together with his signature for same. The worker and employer shall be jointly responsible for the correct posting of this record. Such book shall be open for inspection during ordinary working hours by a duly accredited representative of the applicant and he shall be allowed to take extracts therefrom. Any system of automatic recording by mechanical means shall be deemed a compliance with this clause to the extent of the information recorded. A portion of the bakehouse building, partitioned off to form an office shall be deemed to be part of the bakehouse.

(2) The Secretary of the West Australian Operative Baker's Union of Workers and/or any other person or persons authorised in writing by such union shall have the right of entry into any bakehouse at any time during which work is being performed or it is alleged that work is being performed.

12.—Termination of Service. One week's notice on either side shall be given

for the termination of employment. If an employer or a worker fails to give the required notice, one week's pay shall be paid or forfeited.

13.—Accommodation. Each employer shall be required to provide

suitable accommodation for workers to change their working clothes and suitable washing facilities.

14.—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 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, but in the event of the decision granting a higher rate this must be paid retrospectively.


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 the unions affiliated with it, or by any other association or union, or through any breakdown of the employer's machinery, or any stoppage of work by any cause which the employer cannot reasonably prevent.

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

non-attendance on the grounds of personal ill- health for one-twelfth of a week for each completed month of service: Provided that, subject to subclause (6) hereof, payment for absence through such ill-health shall be limited to one week 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 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.

(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) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has not been allowed in any year 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 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.

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

(8) The provisions of this clause shall not apply to jobbers or relieving workers.

17.—Apprentices. (1) The maximum number of apprentices

allowed to any employer shall be in the proportion of one to every three journeymen employed. Pro- vided that an employer who is bona fide working as a baker shall be regarded as a journeyman permanently employed.

(2) The term of apprenticeship shall be five years.

(3) The minimum rates of wages payable to apprentices shall be:—

Per cent, of basic wage per week: % First year 35 Second year 50 Third year 68 Fourth year 90 Fifth year 100

plus $3.82

(4) Apprentices shall, with the approval of the employer and the union, be interchangeable between town and country bakeries for the purpose of experience and their service shall be deemed to be continuous for long service leave and_ all other benefits, provided they return to their original employer.

(5) The employment of apprentices shall be governed by the provisions prescribed in the Apprenticeship Regulations 1964.


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

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

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

Volume 44 of the "Western Australian Industrial Gazette at pages 606 to 612 both inclusive are hereby incorporated in and form part of this award.

20.—Scope. This award shall apply to the bread making in-

dustry (being that industry in which bread or Vienna bread as each is defined in the Bread Act, 1903-63, is made) and to all employers and workers of the classifications mentioned in clause 8 hereof engaged in that industry, including any worker employed by a bread manufacturer in the making of yeast goods if such worker is in the course of that employment, engaged in the making of bread or Vienna bread.

21.—Special Rates. (1) All work performed during ordinary hours

on Saturday shifts shall be paid for at the rate of time and a half for work prior to 5 a.m. and at the rate of time and a quarter for work after 5 a.m. For the purpose of this clause work performed from 10 p.m. on Friday shall be deemed to be work performed on Saturday.

(2) All work performed between 1 a.m. and 3 a.m. Monday and 2 a.m. and 4 a.m. Tuesday to Friday inclusive shall be paid for at the rate of double time.

(3) A worker, other than a doughmaker, who is required to make doughs during the ordinary hours of work on a Sunday, shall be paid for all ordinary time so worked, at the rate of time and a

22.—Fares and Travelling. A relieving worker engaged in any town or city

for employment outside such town or city shall be paid his reasonable costs of transport including travelling expenses from the worker's home to the place of employment and return.

23.—-Allowance. When a jobber travels more than one mile from

his place of residence direct to his place of employment and return he shall be paid an amount of five cents per mile for each mile so travelled.


"the union'' means the West Australian Opera- tive Bakers' Union of Workers;



(2)—31224


(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 ;




(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 6 IB of the Indus- trial Arbitration Act, 1912-1963;

(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;

(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; or

(d) who is an apprentice.

i,4) (a) Where the secretary of the union has notified an employer than 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 com- petent in the work performed by that non-unionist, and is of the sex to which that work is allotted by this award or, where the award makes no such provision, by custom.

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

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


(c) This subclause shall not apply to an apprentice.

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


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




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

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

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



(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; or


BREADCARTERS. (Metropolitan and Collie.)

Award No. 35 of 1963. BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION. No. 364 of 1966.

Between Transport Workers' Union of Australia, Industrial Union of Workers, Western Austra- lian Branch, Applicant, and Bread Manufac- turers' (Perth and Suburbs) Industrial Union of Employers of Western Australia, Respond- ent.

HAVING heard Mr. D. Culley on behalf of the applicant and Mr D. Hosking 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, 1912-1963 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 Breadcarters' (Metropolitan and Collie) Award, No. 35 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 2nd day of November, 1966. [L.S.l (Sgd) E. R. Kelly,

Commissioner.

Schedule. 1. Delete subclause (b) of clause—6 Wages and

insert in lieu thereof the following:— (b) Adult Males (margin over male basic

wage per week); $

(i) Bread carters 5.75 (ii) Bread carters in charge of motor

vehicles 8.90 (iii) Yardmen 2.65 (iv) Loaders 6.10

2. Delete subclause (e) of clause—6 Wages and insert in lieu thereof the following:—

(e) Casuals: Casual hands shall be paid at the rate of fifteen per cent, in addition to the rates prescribed herein.

3. Add new subclause (g) as follows:— (g) Workers who are required to commence

work before seven a.m. on Mondays and Fridays shall be paid an extra ten per cent for each day so worked.

CLERKS. (Credit and Finance Establishments.)

Award No. 16 of 1952. BFEORE THE WESTERN AUSTRALIAN


Between Federated Clerks' Union of Australia, Industrial Union of Workers, W.A. Branch, Applicant, and Traders Mutual Cash Order Co. Ltd, Respondent.

HAVING heard Mr J. D. Smith on behalf of the applicant and Mr G. J. Martin 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 by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

That the Clerks (Credit and Finance Estab- lishments) Award, No. 16 of 1952, 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 31st day of October, 1966. [L.S.l (Sgd) J. R. FLANAGAN,

Commissioner.

Schedule. Clause 10—Rates of Pay; Delete this clause and

insert in lieu thereof the following:—

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

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

Adult males 33.50 Adult females 25.13

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

Under 16 years of age 47.5 16 to 17 years of age 55.0 17 to 18 years of age 65.0 18 to 19 years of age 77.5 19 to 20 years of age 90.0 20 to 21 years of age 99.5

plus 99c


(c) Adult males (margin over male basic wage per week): $

21 years of age 4.95 22 years of age 6.95 23 years of age 8.95 24 years of age 10.90 25 years of age and over 11.00

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

15 to 16 years of age 50 16 to 17 years of age 60 17 to 18 years of age 70 18 to 19 years of age 82.5 19 to 20 years of age 95 20 to 21 years of age 99.5

plus 75c 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.



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

21 years of age 6.00 22 years of age 6.50 23 years of age and over 7.00 Adult stenographers, comptometer or cal-

culating or ledger machine operators shall receive seventy-five cents per week in addition to the above rates.

(f) Senior clerks (classified as such by agreement or in default of agreement by the Board of Reference) $13.45 margin per week.

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

(h) Casual clerks may be employed at an hourly rate for a lesser period than two weeks, and shall be paid whilst 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.

(i) (i) 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, provided that the union is unable to provide suitable full time workers.

(ii) Provided however, that if the union should object to the employment by any employer of a part time worker, such objection must be made within 48 hours from the time of the union receiving such application from the employer.

(iii) Any objection lodged within the aforesaid 48 hours may be referred to a Board of Reference.

(iv) Payment of 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.

(v) Should the present need for part time workers be eliminated by a surplus of suitable workers offering for full time employment, the union shall be at liberty to apply to the Commission for the deletion of this subclause (i) from the award.

(j) 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.

CLERKS. (Real Estate Agents.)



Between Federated Clerks' Union of Australia Industrial Union of Workers, W.A. Branch, Applicant, and Bevilaqua and Williams Pty Ltd, and others, Respondents.

HAVING heard Mr J. D. Smith 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 by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 of the Industral Arbitration Act, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

That the Clerks (Real Estate Agents) Award, No. 18 of 1952, 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 31st day of October, 1966. (Sgd) J. R. FLANAGAN,

[L.S.] Commissioner.

Schedule. Clause 10.—Rates of Pay: Delete this clause and

insert in lieu thereof the following:— 10.—Rates of Pay.

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

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




plus 99 cents





plus 75 cents

Junior female stenographers, comptometer or calculating or ledger machine operators shall receive in addition to the above rates—




(e) Adult females (margin over female basic wage per week): $

21 years of age 6.00 22 years of age 6.50 23 years of age and over 7.00 Adult stenographers, comptometer

or calculating or ledger machine operators shall receive seventy- five cents per week in addition to the above rates.


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

(h) Casual clerks may be employed at an hourly rate for a lesser period than two weeks, and shall be paid whilst 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.

(i) (i) 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, provided that the union is unable to provide suitable full-time workers.

(ii) Provided however, that if the union should object to the employment by any employer of a part-time worker, such objection must be made within 48 hours from the time of the union receiving such application from the employer.


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

(v) Should the present need for part-time workers be eliminated by a surplus of suitable workers offering for full-time employment, the union shall be at liberty to apply to the Commission for the deletion of this subclause (i) from the award.

(j) 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.

CLERKS (Film Companies.)


INDUSTRIAL COMMISSION No. 367 of 1966.

Between Federated Clerks' Union of Australia Industrial Union of Workers, W.A. Branch, Applicant, and Metro Goldwyn Mayer Pty, and others, Respondents.

HAVING heard Mr. J. D. Smith 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 by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

That the Clerks (Film Companies) Award, No. 13 of 1949, 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 31st day of October, 1966. (Sgd) J. R. FLANAGAN,


1209


insert in lieu thereof the following:

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

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


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

Under 16 years of age .... 47.5 16 to 17 years of age .... 55.0 17 to 18 years of age .... 65.0 18 to 19 years of age .... 77.5 19 to 20 years of age .... 90.0 20 to 21 years of age .... 99.5

plus 99 cents.




15 to 16 years of age .... 50 16 to 17 years of age .... 60 17 to 18 years of age .... 70 18 to 19 years of age .... 82.5 19 to 20 years of age .... 95 20 to 21 years of age .... 99.5

plus 75 cents. Junior female stenographers, compto-

meter or calculating or ledger machine operators shall receive in addition to the above rates—

At 18 years of age—30 cents per week. At 19 years of age—40 cents per week. At 20 years of age—50 cents per week.





(g) Casual clerks may be employed at an hourly rate for a lesser period than two weeks, and shall be paid whilst 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.

(h) (i) 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, provided that the union is unable to provide suitable full time workers.

(ii) Provided however, that if the union should object to the employment by any employer of a part time worker, such objection must be made within 48 hours from the time of the union receiving such application from the employer.


(iv) Payment of 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.

(v) Should the present need for part time workers be eliminated by a surplus of suitable workers offering for full time employment, the union shall be at liberty to apply to the Commission for the deletion of this subclause (h) from the award.

(i) Workers required to perform the duties of "checkers" shall be paid the sum of one dollar eighty cents for each night so employed and, in addition, shall receive first class return fares actually and reasonably incurred travelling between the place of residence and the job. Provided that such workers shall not be entitled to the provisions of clause 7 (Overtime). Meal money shall not be payable, except in accordance with the provisions of subclause (c) of clause 8.

(j) 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.

CLERKS. (Trade Protection Association.)



Between Federated Clerks' Union of Australia Industrial Union of Workers, W.A., Branch. Applicant, and The Trade Protection Associa- tion of W.A., Respondent.

HAWING heard Mr J. D. Smith on behalf of the applicant and Mr G. J. Martin 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 by the Chief Industrial Commissioner and in pursuance of the powers contained in section

1210

92 of the Industrial Arbitration Act, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

That the Clerks (Trade Protection Associa- tion) Award No. 26 of 1949, 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 31st day of October, 1966.

IL.S.l (Sgd) J. R. FLANAGAN, Commissioner.


insert in lieu thereof the following:— 10.—Rates of Pay.

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




plus 99 cents (c) Adult males (margin over male basic

wage per week): $ 21 years of age 4.95 22 years of age 6.95 23 years of age 8.95 24 years of age 10.00 25 years of age and over 11.00



plus 75 cents Junior female stenographers, comptometer

or calculating or ledger machiner operators shall receive in addition to the above rates—






(g) Casual clerks may be employed at an hourly rate for a lesser period than two weeks, and shall be paid whilst 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.

(h) (i) 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, provided that the union is unable to provide suitable full time workers.

(ii) Provided however, that if the union should object to the employment by any employer of a part-time worker, such objection must be made within 48 hours from the time of the union receiving such application from the employer.


(iv) Payment of 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.

(v) Should the present need for part time workers be eliminated by a surplus of suitable workers offering for full-time employment, the union shall be at liberty to apply to the Commission for the deletion of this subclause (h) from the award.

(i) 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.

CLERKS. (Forwarding Agents.) Award No.47 of 1948.


No. 369 of 1966. Between Federated Clerks' Union of Australia

Industrial Union of Workers, W.A. Branch, Applicant, and R. C. Sadlier Ltd, and others, Respondents.

HAVING heard Mr J. D. Smith 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 by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92

30 November, 1966.] WESTERN AUSTRALIAN INDUSTRIAL gazette. 1211

of the Industrial Arbitration Act, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

That the Clerks (Customs and/or Shipping and/or Forwarding Agents) Award, No. 47 of 1948, 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 31st day of October, 1966. CL.S.3 (Sgd) J. R. FLANAGAN,

Commissioner.

Clause 10—Rates of Pay: Delete this clause and insert in lieu thereof the following:—

10.—Rates of Pay. (a) Basic Wage (per week): $


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


plus 99 cents. (c) Adult males (Margin over male basic




plus 75 cents. Junior female stenographers, compto-

meter or calculating or ledger machine operators shall receive in addition to the above rates— At 18 years of age—30 cents per week. At 19 years of age—40 cents per week. At 20 years of age—50 cents per week.




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

(f) Senior clerks (classified as such by agreement or in default of agreement by the Board of Reference), $13.45 margin per week.

(g) Female ledgerkeepers (classified as such by agreement, or in default of agreement, by the Board of Reference) shall receive the prescribed male rate.

(h) Casual clerks may be employed at an hourly rate for a lesser period than two weeks, and shall be paid whilst so employed twenty-five per cent, in addition to the rate 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.

(i) (i) 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, provided that the union is unable to provide suitable full-time workers.

(ii) Provided, however, that if the union should object to the employment by any employer of a part-time worker, such objection must be made within 48 hours from the time of the union receiving such application from the employer.

(iii) Any objection lodged within the aforesaid 48 hours may be referred to a Board of Reference.

(iv) Payment of 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.

(v) Should the present need for part-time workers be eliminated by a surplus of suitable workers offering for full-time employment, the union shall be at liberty to apply to the Commission for the deletion of this subclause (i) from the award.

(j) 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 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.

CLERKS (Timber.)



Between Federated Clerks' Union of Australia Industrial Union of Workers, W.A. Branch, Applicant, and Millars Timber and Trading Co. Ltd., and others, Respondents.

HAVING heard Mr. J. D. Smith 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 Industrial Commission, in pursuance of an allocation to me by the Chief Industrial Commissioner and in pursuance of the powei's contained in section 92 of the

1212

Industrial Arbitration Act, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

That the Clerks (Timber) Award, No. 61 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 31st day of October, 1966. (Sgd.) J. R. FLANAGAN,


Schedule. Clause 10'—Rates of Pay: Delete this clause and

insert in lieu thereof the following: 10.—Rates of Pay.

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




plus 99 cents (c) Adult males (margin over male basic



15 to 16 years of age 50.0 16 to 17 years of age 60.0 17 to 18 years of age 70.0 18 to 19 years of age 82.5 19 to 20 years of age 95.0 20 to 21 years of age 99.5

plus 75 cents Junior female stenographers, comptometer

or calculating or ledger machine operator shall receive in addition to the above rates—



21 years of age 6.00 22 years of age 6.50 23 years of age and over 7.00 Adult stenographers, comptometer or

calculating or ledger machine operators shall receive seventy-five cents per week in addition to the above rates.


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

(h) The hours usually and customarily worked by forwarding clerks, in wholesale establishments immediately prior to the first day of May 1948, without payments for overtime shall continue to be worked by such clerks but they shall be entitled to receive the sum of one dollar per week in addition to the rates prescribed above.

(i) Casual clerks may be employed at an hourly rate for a lesser period than two weeks, and shall be paid whilst 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.

(j) (i) 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, provided that the union is unable to provide suitable full time workers.

(ii) Provided, however, that if the union should object to the employment by any employer of a part time worker, such objection must be made within 48 hours from the time of the union receiving such application from the employer.


(iv) Payment of 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.

(v) Should the present need for part time workers be eliminated by a surplus of suitable v/orkers offering for full time employment, the union shall be at liberty to apply to the commission for the deletion of this subclause (j) from the award.

(k) 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.

30 November. 1966.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 1213

FURNITURE TRADES. (Tubular Steel.)


INDUSTRIAL COMMISSION.

No. 576 of 1965. Between Supa Furn Pty. Ltd. (previously known

as Steel Furniture Pty. Ltd.), Applicant, and the United Furniture Trades Industrial Union of Workers, W.A., Respondent.

HAVING heard Mr. D. Hosking on behalf of the applicant and Mr. H. Cox 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, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

That the Tubular Steel Furniture Award, No. 44 of 1955, as amended, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 7th day of November, 1966.

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

Schedule. Delete Clause 31—Employment of Females and

insert in lieu thereof the following:—

31.—Employment of Females. (1) Subject to other provisions of this clause,

females may be employed in the following callings at the rates specified for females in the wages clause:—

(a) The callings referred to in Clause 8— Wages.

(b) Sewing machinists in the upholstering section.

(2) Where females are employed in callings not mentioned in subclause (1), the employer concerned shall advise, in writing, the union party to this award, within seven days of the commencement of their employment and shall state in that notification the calling in which any such female is being employed.

(3) Females shall not be employed on work for which an apprenticeship is provided or on welding or on wood machining other than sanding.

(4) Females shall not be employed on work which, on account of its nature or the times at which or the circumstance in which it is performed is, in the opinion of the Board of Reference, unsuitable for females.

(5) Where the Board of Reference determines that any work is not unsuitable 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.

LIBRARIANS. (Local Government.)

Award No. 27 of 1963.


No. 614 of 1965. Between West Australian Local Government

Officers' Association Union of Workers, Perth, Applicant, and City of South Perth; Shire of Melville and others, Respondents.

Before Mr Commissioner D. E. Cort. The 20th day of October, 1966.

Mr A. C. Sorensen on behalf of the Applicant. Mr. G. J. Martin on behalf of the Respondents.

Judgment. THIS is an application by the Local Government Officers' Association Union of Workers to amend the Local Government Officers' Library Award, No. 27 of 1963, in respect of a number of matter's including the scope of the award and clauses dealing with definitions, hours, sick leave, travelling- expenses and salaries. The parties have reached agreement on several of these matters but it re- mains for the Commission to determine the dispute relating to clauses 4, Scope, 7, Hours, and 18, Salaries.

Before dealing with these clauses the attention of the parties is drawn to the minutes of the pro;- posed order to be now issued. Those minutes do not reflect certain matters agreed between the parties and, in this respect and in relation to other matters in this decision, the parties may exercise the rights afforded them by section 69 of the Act at the speaking to the minutes. It will be seen that clause 3, Area, has not been amended. It is considered that the Commission has no power under section 92 of the Act to amend that clause in the manner suggested. The special procedure laid down in section 84 to extend the area of operation of an award should be followed to achieve the result sought. Next, clause 21, Liberty to Apply, has been deleted for the term of this award has now expired and a liberty provision is no longer necessary. Finally, a Board of Reference clause can form no part of the award in view of the wording of the award as a whole.

Clause 4—Scope. At present the award applies to workers em-

ployed in libraries conducted by local authorities except it is said that it does not apply to a worker whose main duties are provided for in another award applicable to local government officers. The union seeks an alteration to the clause so that such a worker, if appointed to be in charge of a library, shall not be precluded from receiving an allowance prescribed in this award.

The claim is refused. Firstly the conditions of employment of a worker covered by another award should be found in that award and the amendment sought to this clause could not bring that worker within the scope of this award. In this respect the existing proviso to the clause may have no force or effect if it purports to say that a worker covered by another award, not including a Local Government Award is bound by this award irrespective of that coverage. Next, to determine whether or not a worker is entitled to an additional allowance for being in charge of a library it would be necessary to consider that worker's


existing conditions of employment. Such a consideration could be better undertaken in other proceedings but in any event no information there- on was made available to the Commission.

Clause 7—Hours. The ordinary hours may now be worked on any

day Monday to Friday inclusive and on Saturday until 12 noon, and the union asks that no such hours be worked before 9 a.m. on Monday and that once a local authority has fixed the time during which the ordinary hours shall be worked, those hours shall not be altered unless agreed by the union or approved by the Board of Refer- ence.

No reason was advanced for the restriction of hours on a Monday and it will not be granted but otherwise Mr Sorensen submitted an amendment was necessary because a local authority had adopted the practice of altering the hours of work of its employees in a week in which a holiday fell and by so doing workers were deprived of that holiday or a substantial part thereof. Mr Martin opposed the claim on the grounds that flexibility of working hours was desirable and necessary to cater for the needs of rate payers in the varying districts; that the claim as worded restricted local authorities in a drastic manner, not really sought by the union; that the stated reason for the claim could have been directed towards another clause in the award and that the holidays prescribed, being those applicable to local government officers in general, made it necessary in holiday weeks to alter the library hours so that rate payers would have an opportunity to avail themselves of the service.

Without doubt the claim is too far reaching to cover the circumstances raised by Mr Sorensen, but, subject to what is to be said even those circumstances may not justify an amendment to the award. Firstly, the hours during which a library is to be open to the rate payers may need to fce altered in a week in which a holiday occurs and this Commission should not interfere with the right of an authority to alter those hours. How- ever, the rostered ordinary hours of the staff should not be changed if, for example, by so doing, the normal weekly hours, or a substantial portion thereof, are still worked and a worker is deprived of the benefits of clause 9, Holidays. If such were the case then the award provisions should be altered.

Next, to determine whether such an alteration- is necessary the intention of the award as re- flected in clause 9 must be ascertained. A consideration of that clause reveals that it is dif- ferently worded from other awards of the Com- mission and, if this had not been so, I would have been inclined to prescribe in Clause 7, Hours, that in any week in which a holiday fell the weekly hours of thirty-eight should be reduced by seven hours for each such holiday. However, clause 9, prescribes that New Year's Day, among others, shall be granted as a holiday and paid for and, subject to what the parties may raise at the speaking to the minutes it cannot be seen that, on this wording and even with a change in the roster, a worker is deprived of the benefits of the clause.

If a worker, whose rostered hours have been changed, is required in a "holiday week" to work for thirty-eight hours on days other than the holiday then for the week he would apparently be entitled to at least thirty-eight hours pay for that

work and one additional day's pay for the holiday. Should this be the intention of the parties then no change will be made to the terms of the award. If not I would be prepared to amend the Hours Clause in the manner outlined above if a further amendment to Clause 9, is agreed between the parties so that the holidays prescribed therein shall be allowed without deduction of pay. This suggestion is made for by this means the relevant holiday provision for the library staff will be the same as that for local government officers in general.

IS—Salaries. Under this heading the union seeks fairly sub-

stantial changes in the salaries of all workers covered by the award. In support thereof Mr Sorenson submitted that those changes were necessary so as to preserve a relationship with another award which the parties followed in 1964 when the terms of this award were agreed. In this respect the salaries fixed by the Conciliation Commissioner in 1963 (43, W.A.I.G. p. 364) for library staff employed by the Shire of Perth were the ones used by the parties for the purposes of this award and in 1965 a new Shire of Pei'th award was issued and it provided higher salaries for library staff among others. However, on that occasion, the salaries were fixed by agreement between the Association and the Shire and not as a result of a decision of the Commission. Mr Sorensen submitted further that the wages of library staff wherever employed should be the same and also that certain rates referred to by the Conciliation Commissioner in his 1963 decision had been altered and in such a way to otherwise support the claim. Mr. Martin in reply acknow- ledged the 1964 relationship raised by Mr. Soren- sen but contended that the salaries fixed by the Conciliation Commissioner had been adopted by the local authorities respondent to this award as being fair and reasonable and that those authorities should not be bound to automatically pay the rates agreed by the Shire of Perth for its library officers. It was also said that this was particularly so when those rates were fixed at a time when the salaries of all workers employed by that Shire were reviewed.

The issue appears to be a simple one, and with the other matters in dispute was dealt with by the parties in proceeding's which lasted just over one hour, but it has caused me some concern. Firstly, if the wage rates of all library staff employed by the differing local authorities should be the same then the association (and the Shire of Perth) should not have disturbed the similarity established in 1964. Next, to maintain that uni- formity the association could have moved in 1965 to establish a separate award for librarians throughout the State, or at least dealt with all local authorities at the one time to establish rates with which all agreed or, in the absence of that agreement, which were felt to be reasonable by the Commission. Finally, local authorities at large should be permitted to express their views on the proper wage to be paid to their employees and should not be required to automatically adopt rates fixed by one Shire however large or important. For these reasons I am not prepared to grant the claim.

On the other hand, the wages paid to local government officers generally and to other workers mentioned in the 1963 decision have been increased since 1964 and it seems that in justice


to the workers concerned the Commission must endeavour to ascertain whether or not the rates at present prescribed are reasonable. For this purpose this Commission is not aware of the work required of the various workers as evidence was not made available in these proceedings and therefore the classifications in the existing clause and its structure will not be altered. Furthermore, in informing its own mind, the Commission is forced to rely on the 1963 decision, including the rates then discussed, and the rates paid to local government officers in general for, in the absence of assistance from the parties, those factors appear to be the most relevant. It should be stressed that basically this step is being taken because it is felt that the higher salaries granted in local government generally since 1964 has created the need to increase the rates now payable under this award.

On a consideration of all of the material I have concluded that the present salaries are too low and the minutes of the proposed order show rates of pay higher than those presently prescribed.

The minutes of the proposed order will now issue and the speaking to the minutes will be held when those parties advise their readiness to proceed.

Order accordingly.


No. 614 of 1965. Between West Australian Local Government

Officers' Association, Union of Workers, Perth, Applicant, and City of South Perth, Shire of Melville, and others, respondents.

HAVING heard Mr A. C. Sorensen on behalf of the applicant and Mr C. J. Martin on behalf of the respondents, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

That the Local Government Officers' Library Award, No. 27 of 1963, as amended, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 17th day of November, 1966. [L.S.I (Sgd) D. CORT,

Commissioner.

Schedule. 1. From clause 2, Arrangement, delete the words

"21 Liberty to Apply."

2. In clause 4, Scope, delete "Clause 20" and insert in lieu thereof "Clause 18."

3. Delete clause 6, Definitions, and insert in lieu therefore the following:—

6.—Definitions. (1) "Local Authority" shall mean any City

Council, Town Council or Shire Council to which this award applies.

(2) "Librarian" shall mean a worker who holds the registration certificate of the Lib- rary Association of Australia and who is appointed by the Local Authority to plan, supervise and control the library service and library staff of the Local Authority.

(3) "Branch Librarian" shall mean a worker who holds the registration certificate of the Library Association of Australia and who is appointed to control a branch library under the supervision and control of the Librarian.

(4) "Assistant Librarian" (qualified) shall mean a worker who holds the registration certificate of the Library Association of Aus- tralia.

(5) "Branch Library" shall mean any service point which functions as a separate unit of the employing Authority's total library service.

(6) "Student Librarian" shall mean a worker who holds the minimum educational requirements of the Library Association of Australia and is actively engaged in the approved course available towards registration by the Library Association of Australia.

(7) "Graduate Student Librarian" shall mean a graduate of an accredited university who is actively engaged in the approved course of study towards obtaining registration by the Library Association of Australia.

4. Delete Clause 7, Hours, and insert in lieu thereof the following:—

7.—Hours. (1) The ordinary hours of duty shall not ex-

ceed thirty-eight per week except in any week in which a holiday prescribed in Clause 9 hereof falls when those hours shall be reduced by seven hours for each such holiday falling, in that week, on any day Monday to Saturday inclusive.

(2) The ordinary hours of duty prescribed in subclause (1) hereof shall be worked between Monday to noon Saturday, both inclusive, on days other than a holiday, at such times as directed by the local authority.

5. Delete subclause (4) of clause 8, overtime, and insert in lieu thereof the following:—

(4) A worker required to work overtime for more than two hours before his usual starting time or more than two hours after his usual ceasing time, shall receive an allowance of sixty cents for any meal required: Provided that a Saturday, Sunday or holiday shall be regarded as an ordinary working day for the purpose of this subclause.

6. Delete paragraph (a) of subclause (1) of clause 9, Holidays, and insert in lieu thereof the following:—

(a) The following days or the days observed in lieu thereof shall be allowed as holidays without deduction of pay, namely, New Year's Day, Austi*alia Day, Good Friday, Easter Mon- day, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day and any other day which may be proclaimed under the Public Service Act as a holiday for persons employed in the Public Service of the Government of Western Aus- tralia provided that another day may be taken as a holiday by arrangement between any local authority and the union in lieu of any of the days named in this paragraph.


7. Delete subclause (1) of Clause 11, Sick Leave, and insert in lieu thereof the following:—

(1) No worker shall be entitled to payment of salary or wages on the ground of ill-health except on the following terms and conditions:—

(a) On production of a satisfactory medical certificate or other evidence of a satisfactory nature, a worker shall be entitled to sick leave on the following scale:—

(i) During his first year of continuous service—One week on full pay.

(ii) During his second and third year of continuous service—Four weeks on full pay.

(iii) During his fourth, fifth and sixth year of continuous service and within each subsequent triennial period—Two months on full pay.

(b) When a worker is in receipt of payment under the Workers' Compensation Act and is entitled to payment under the preceding subclause the obligation of the employer hereunder shall be deemed to be discharged upon payment of the

. difference.

8. Delete clause 13, Resignations and Dis- missals, and insert in lieu thereof the following:—

13.—Resignations and Dismissals. Subject to the Local Government Act for the

time being in force, one week's notice on either side shall be deemed sufficient notice to terminate the contract of employment. Pro- vided that after ten years' service in the employment of the Local Authority, one month's notice on either side shall be required to terminate the contract of employment of a worker, provided further that this subclause shall not apply to a worker who has been justifiably dismissed for misconduct.

9. Delete clause 17, Travelling Expenses, and insert in lieu thereof the following:—

17.—Travelling Expenses. (1) All reasonable out of pocket and accommoda-

tion expenses and all travelling expenses incurred by a worker in the discharge of his duties shall be paid at least once a month by the employer. The method and mode of travelling or the vehicle to be supplied shall be mutually arranged between the employer and the worker concerned. Provided, however, that nothing herein contained shall im- pose an obligation on any worker to provide a method of conveyance at his own expense nor shall it be a condition precedent to the appointment of a worker that he shall provide his own conveyance.

(2) Where a worker is required and authorised to use his own motor vehicle in the course of his duties, he shall be paid an allowance not less than that prescribed in the table set out hereunder.

(3) Where a worker in the course of a journey travels through two or more of the separate areas specified in subclause (6) hereof, payment at the rates prescribed herein shall be made at the appropriate rate applicable to each of the separate areas traversed.

(4) Payment shall be made in accordance with this clause not later than four weeks after the expense has been incurred.

(5) A year for the purpose of this clause shall commence on the 1st day of January and end on the 31st day of December next following.

(8) Rates of hire for use of a worker's own motor car on official business—

(a) South of 26 deg. south latitude.

Mileage Travelled Each Year on Official Business

5,000-10,000 Over 10,000 Miles Miles

Over 12 Over 12 Over 12 12 h.p. 12 h.p. 12 h.p.

h.p. and h.p. and h.p. and under under under

Cents Cents Cents Cents Cents Cents per per per per per per mile mile mile mile mile mile

Metropolitan Area .... 9.08 South-West Land Division 10.58 Other Areas 11.33

5.25 5.05 4.58 6.42 7.00 5.75 7.00 7.75 6.33

(b) North of 26 deg. south latitude ^

I 1-5000 Miles Over 5,000 Miles

Between 26° and 22° south latitude North of 22° south latitude ....

Cents per Mile 11.92 14.17

Cents per Mile 9.17

11.25

Note : (a) The letters h.p. means horse power calculated according to the formula of the Koyal Automobile Club of W. A. (Incorporated). (b) " Metropolitan Area " means that area within a radius of

fifteen miles from the Perth Railway Station. (c) *' South West Land Division " means the south west division

as defined by section 28 of the Land Act, 1933-1953. (d) " Other Areas " means the State of Western Australia excluding the Metropolitan Areas and the South West Land

Division.

10. Delete Clause 18, Salaries, and insert in lieu thereof the following:—

18.—Salaries. (1) Basic Wage (per week): $

Male 33.50 Female 25.13

Per cent, of or margin over respective male or female basic wage per annum.

graduate or qualified librarians: %

15 years of age 60 16 years of age 70 17 years of age 80 18 years of age 95

<b 19 years of age

s> 104

20 years of age 208 21 years of age 364 22 years of age 442 23 years of age 520 24 years of age 572 25 years of age and thereafter 650


(3) Student librarian— $ 1st year or 18 years of age 52 2nd year or 19 years of age 156 3rd year or 20 years of age 312 4th year or 21 years of age 468 5th year or 22 years of age 624 6th year or 23 years of age or there-

after 780 The salary payable under this subelause shall

be that which gives the worker the higher rate on an age or years of service basis.

(4) Graduate student librarian— $ 1st year or 21 years of age 598 2nd year or 22 years of age 728 3rd year or 23 years of age 858 Thereafter 988

The salary payable under this subelause shall be that which gives the worker the higher rate on an age or years of service basis.

(5) Assistant librarian (qualified)— $ 1st year 1,378 2nd year 1,456 3rd year 1,560 4th year 1,664 5th year 1,768 6th year 1,872

(6) A Branch librarian shall be paid $104 per annum in addition to the rates prescribed in subelause (5) hereof.

(7) A worker who does not hold the registration certificate of the Library Association of Australia and who is appointed to be in charge of a library conducted outside a radius of fifteen miles from the G.P.O., Perth, shall be paid an amount of $104 per annum in addition to the rate applicable to such a worker under this award.

(8) A worker appointed in charge of a branch of a library conducted within a radius of fifteen miles from the G.P.O., Perth, and who does not hold the registration certificate of the Library Association of Australia but who is a student or graduate student librarian shall be paid a margin of $1,378 per annum over the male or female basic wage.

(9) Librarian: $ 1st year 2,106 2nd year 2,418 Thereafter 2,730

(10) Part-time Worker: Where any Local Authority does not require a full-time worker in the Local Authority library or libraries a worker may be employed for such lesser hours than thirty-eight per week as may be determined by the Local Authority. A worker so employed shall receive payment for salary, annual leave, holidays and sick leave as prescribed by this award on a pro rata basis in the same proportion as the number of hours worked in any week bears to thirty-eight hours.

(11) A library assistant who has been paid according to age and subsequently attains matriculation qualifications and undertakes the approved course of study towards obtaining registration by the Library Association of Australia shall be paid a salary in accordance with the scale for student librarians without any deduction in salary being affected, i.e., he or she will be accorded the scale for student librarians on the year of service or higher than that received as a library assistant.

11. Delete clause 21, Liberty to Apply.

SIGNALMEN, MASTERS, ENGINEERS AND DRIVERS OF LAUNCHES. (Freniantle Port Authority.)



Between Merchant Service Guild of Australia Western Australian Section, Union of Workers, Applicant, and the Commissioners of the Fre- mantle Port Authority, Respondent.

HAVING heard Mr B. Foley on behalf of the applicant and Mr J. Collins on behalf of the respondent, and by consent, I, the undersigned, Com- missioner of The Western Australian Industrial Commission, in pursuance of an allocation to me by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

The Freniantle Harbour Trust (Signalmen, Masters, Engineers and Launch Drivers) Award No. 7 of 1953 as amended, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 18th day of November, 1966. [L.S.] (Sgd) J. R. FLANAGAN,

Commissioner.

Schedule. Clause 10—Rates of Pay: Delete subclauses (a)

and (b) and insert in lieu thereof— $ (a) Basic Wage (per week): 33.50 (b) Margin:

Masters and Signalmen 14.95 Engineers 19.25

VEHICLE BUILDERS. Award No. 8 of 1955.


No. 47 of 1966. Between The West Australian Vehicle Builders'

Industrial Union of Workers, Applicant, and Boltons Pty. Ltd., and others Respondents.

Before Mr Commissioner E. R. Kelly. The 13th day of October, 1966.

Mr R. L. Jones on behalf of the applicant. Mr J. de Burgh on behalf of the respondents.

Judgment. THE COMMISSIONER: This is an application by the West Australian Vehicle Builders' Industrial Union of Workers to amend the Vehicle Builders' Award, No. 8 of 1955. The application. In its original form, sought to amend—

Clause 8 (Overtime), subelause (d)—by increasing the amount prescribed for "meal money" from sixty cents to seventy-five cents;

Clause 9 (Wages)—by increasing the margins for all classifications and by adding a new classification "a caravan bnilder and/ or repairer" on a margin equivalent to that for "tradesmen";


Clause 10 (Special Rates and Provisions)— by adding a subclause granting an allowance of ten cents per hour for "dirty work"; and

Clause 21 (Apprentices)—by adding "caravan building" to the list of callings to which apprentices may be taken.

At the commencement of the hearing Mr Jones sought and was granted leave to amend the claim in the following respects:—

The claim in relation to clause 8 was enlarged so as to include amendments to subclauses (a) and (b) of that clause.

The claim in relation to clause 9 was amended by withdrawing so much of the application as related to "non tradesmen" classifications.

The claims relating to clauses 10 and 21 were withdrawn.

No objection to the amendment of the claim was raised by Mr de Burgh but he indicated that the respondents would oppose the amended application in all its parts.

Finally the parties indicated that they had agreed that a number of classifications be deleted from the award for the reason that workers are no longer employed in those classifications.

In the result three matters fall for decision by the Commission. First, whether clause 8 (Over- time) should be amended in the terms of the amended application; secondly, whether the margins for tradesmen in this award should be increased; and thirdly, whether a classification of "caravan builder and/or repairer" should be in- serted in clause 9.

Clause 8 (Overtime). The application under this heading sought to

vary the rates for overtime and for "meal money" so as to bring them into line with the rates fixed earlier this year in the Metal Trades (General) Award, 1966 (46 W.A.I.G. 707). In opposing the application Mr. de Burgh pointed to the fact that the applicant had not shown by evidence or in anv other way that the circumstances in which overtime is worked in the vehicle building industry correspond with those existing in the industries covered by the Metal Trades (General) Award. In addition, he referred me to a number of decisions of industrial tribunals in which claims similar to the present one were refused or in which overtime rates different from those fixed in the Metal Trades (General) Award had been awarded.

It is not without significance that the employers who are respondents to or otherwise bound by the award now before the Commission are also respondents to or otherwise bound by the Metal Trades (General) Award. Of greater importance, however, is the fact that in the Metal Trades case the issue involved here was determined as a matter of general principle. In that case the Commission said—

Overtime is an important condition of em- ploj'ment which is common to all awards, and in my view this Commission should lay down a "standard" which will be applied in all cases unless some special circumstance exists which renders the "standard" inappropriate in a particular case; and I would not regard the existence of Eastern States provisions which may differ from the "standard" as such a special circumstance. (46 W.A.I.G. p. 725.)

Nothing was put to me in the present proceedings which would lead me to think that the provisions awarded in the Metal Trades' case are "inappropriate" in this industry. The claim as to overtime rates will therefore be allowed but in the form awarded in the Metal Trades' case.

Margins. The amended claim sought, inter alia, a margin

of fifteen dollars and fifty cents for all tradesmen to whom the award applies. No evidence was called in support of this part of the claim nor was the Commission asked to inspect any of the work done under this award. The sole argument put forward by the applicant was that tradesmen employed under this award should receive the same margin as tradesmen employed under the Metal Trades (General) Award because the duration of the period of apprenticeship is the same in each case. In addition, Mr Jones contended that the industry is "buoyant", the basis for this assertion being that employers in this industry are paying to their employees amounts substantially in excess of award rates. In this connection Mr Jones said—

I might state that if they get the $4.30 increase they will not come up to what they are receiving today in wages. (Transcript page 6.)

In opposing the claim for increased margins, Mr de Burgh advanced two arguments. First, that as margins in this award had, in the past, been fixed by reference to margins in the Federal Vehicle Builders' Award, no variation should be made here until margins in the Federal award were altered. Secondly, that in the present proceedings the applicant had failed to put before the Commis- sion any evidence upon which an assessment of the value of the work of tradesmen in the vehicle building industry could be made, either in isolation from or by comparison with tradesmen in the metal industries. In this connection he referred to and laid considerable emphasis on that part of the Commission's decision in the Metal Trades' case wherein the Commission said-

It is perhaps unnecessary to drawn attention to the fact that as the increase granted to tradesmen in this industry has not meant an increase to semi-skilled workers in this industry, this decision cannot be taken as an indication that margins in other awards will be adjusted by any percentage or other formula, or that they will necessarily be adjusted at all. The case presented was a case for tradesmen in the metal industries and the decision is made on that basis and in the light of all the matters considered on the present review. (46 W.A.I.G. p. 742.)

In the Metal Trades' case and in a number of other cases resulting from the decision in that case, the Commission refused to adhere to past relationships with the relevant Federal award. In each such case, however, the Commission was afforded sufficient information by way of evidence or inspections or both upon which to arrive at an assessment of the value of the work in question and the comparative wage justice argument raised by the employers in those cases was rejected solely on the ground that past comparisons with a Fed- era) award cannot prevent the implementation in this Commission's awards of this Commis- sion's assessment of a proper rate of pay for the calling or callings under consideration. In the present case the applicant has not favoured the Commission with any information


as to the work done or the responsibility accepted by the callings involved or the circumstances in which the work is performed. When it is borne in mind that it is more than thirty years since the industrial tribunal in this State was called on to assess rates of pay for the work done in this industry, one might reasonably have expected the union to have appreciated the importance of informing the Commission on the forgoing matters. It is true, as Mr Jones said, that apprentices in this industry serve a period of apprenticeship of the same duration as apprentices under the Metal Trades (General) Award but this is only one of a number of factors (and far from being the most important of them) relevant to the determination of proper rates of pay. Furthermore, it is to be noted that although apprentices to all trades covered by the Metal Trades (General) Award serve the same period of apprenticeship, the same margin is not prescribed for all of those trades. In the circumstances the Commission really has no alternative but to dismiss this part of the application.

Caravan Builder and/or Revairer. The award does not at present make provision for

the abovementioned classification or is any respondent to the award engaged solely or even mainly in the manufacture of caravans. It would seem that those respondents to the award who do build caravans employ workers in the classification "body maker" on that work. I understand from the submissions made by Mr. Jones that the prin- cipal purpose in seeking the inclusion of this classification is to enable boys to be apprenticed as caravan builders but the withdrawal of the claim in relation to clause 21, to which I have already referred, would prevent an amendment in the terms of the claim from being effective in that respect. Quite apart from this, it is doubtful, to say the least, whether the amendment, if allowed, would apply to those firms for whom it is primarily intended, namely, those engaged solely or mainly in the building or repairing of caravans. In any event, the applicant placed no information before me on which I could assess a margin for this work. The claim in this regard will therefore be dis- allowed.

The minutes of the proposed amendment incor- porating the awarded alterations to clause 8 and the agreed alterations to clause 9 will now issue. In view of the request made by Mr de Burgh that the award be consolidated, speaking to the minutes will be arranged when a consolidation has been prepared by the respondents and checked by the applicant. As this may bring about some delay in the issuing of the order determining the present application I would recommend to the respondents that they implement the new overtime and meal money rates as from the beginning of the first pay period commencing on or after 16th October, 1966.

Order accordingly.


No. 47 of 1966. Between The West Australian Vehicle Builders'

Industrial Union of Workers, Applicant, and Boltons Pty Ltd, and others, Respondents.

HAVING heard Mr. R. L. Jones on behalf of the applicants and Mr. H. J. de Burgh on behalf of the respondents, I, the undersigned, Commissioner of

The Western Australian Industrial Commission, in pursuance of an allocation to me by the Chief Industrial Commissioner and in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1963, and all powers therein enabling me, do hereby order and declare—

That the Vehicle Builders' Award, No. 8 of 1955, as amended, be and the same is hereby further amended and consolidated in accordance with the following schedule.

Dated at Perth this 13th day of October, 1966. [L.S.] (Sgd.) E. R. KELLY,

Commissioner.

Schedule. 1.—Title.

This award shall be known as the "Vehicle Builders Award" as amended and consolidated.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Area. 5. Term. 6. Definitions. 7. Hours. 8. Overtime. 9. Wages.

10. Special Rates and Provisions. 11. Higher Duties. 12. Contract of Service. 13. Breakdowns. 14. Casual Workers. 15. Shift Work. 16. Holidays and Annual Leave. 17. Absence through Sickness. 18. Tools. 19. Junior Workers. 20. Junior Worker's Certificate. 21. Apprentices. 22. Time and Wages Record. 23. Payment of Wages. 24. Union Representatives. 25. Under-rate Workers. 26. Board of Reference. 27. Piecework and Subletting. 28. Posting of Award. 29. Maximum Rate. 30. Preference. 31. Long Service Leave.

3.—Scope. This award shall apply to the workers engaged

in the vehicle building and repair trade as carried on by the respondents hereto.

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

prised within— (1) a radious of twenty-five miles from the

General Post Office, Perth; and (2) municipalities and townsites outside that

area where vehicles are made or repaired.



three years as from the beginning of the first pay period commencing after the 30th March, 1955.

6.—Definitions. "Painter's Labourer" means a worker engaged

in stripping, rubbing down, cleaning undergears, and all preparatory work connected with painting other than using a paint brush or a spray, except for black underparts and applying all lead and filling coats other than the finishing coat: Provided, however, that any worker operating a paint machine or spray shall be paid full tradesman's rates whilst so employed.

"Trimmer" means a worker who does any trimming or leather work in connection with motors or any vehicle in the vehicle building and repair trade.

"Sectional Trimmer" means a worker other than a bona fide trimmer employed in the trimming- shop, except in putting in squabs, finishing or cutting out, and can only be employed when a fully qualified tradesman in not available.

"Assembler" means a worker who assembles the finished parts of vehicle bodies before and after painting, and fixes the body to chassis, or, in horse- drawn vehicles, the finished parts before and after painting.

"Metal Panel Fixer" means a worker who is engaged exclusively with the work of fixing metal panels on the woodwork of vehicles.

"Painter" means a skilled worker handling a paint brush or spray on to a motor car or any other vehicles in the vehicle building and repair trade: Provided that polishing in connection with all pyroxylin materials shall be considered the work of painter's labourers and junior workers.

"First Class Welder" means a worker using electric arc or acetylene, petrol or coal gas blow pipe on any work other than—

(a) filling castings, or (b) cutting scrap metal, or (c) welding with the aid of jigs, or (d) operations specifically mentioned as being

the work of a second, third or fourth class welder in the definitions of those terms hereunder.

"Second Class Welder" means a worker who— (a) uses any of the foregoing types of weld-

ing apparatus in filling castings, or (b) welds with the aid of jigs, or (c) operates automatic welding machines for

the setting up of which he is not responsible, or

(d) operates a profile cutting or a straight line cutting machine.

"Third Class Welder" means a worker, who uses any of the foregoing types of welding apparatus in tacking preparatory to the completion of work by any other worker.

"Fourth Class Welder" means a worker using an electric spot or butt welding machine, or cutting- scrap with oxy-acetylene blow pipe, petrol or coal gas blow pipe.

7.—Hours. Forty hours shall constitute a week's work to

be worked as follows:'— (1) Within a radius of twenty-five miles from

the G.P.O., Perth, in five days of eight hours each, Monday to Friday, inclusive.

(2) Outside a radius of twenty-five miles from the G.P.O., Perth, but within the area of the award, to be worked in five days, Monday to Friday, inclusive, or in five and one-half days, Monday to Saturday, inclusive, at the option of the employer.

(3) Meal interval shall not exceed one hour, and no worker shall be compelled to work for more than six hours without a break for a meal.

8.—Overtime. (1) Subject to the provisions of this clause, all

work done beyond the ordinary working hours on any day, Monday to Friday, inclusive, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

(2) Work done on Saturdays after 12 noon or on Sundays or on any day prescribed as a holiday under this award, shall be paid for at the rate of double time.

(3) Work done on Saturdays prior to 12 noon shall be paid for at the rate of time and one half for the first four hours and double time thereafter.

(4) In computing overtime each day shall stand alone but when a worker works overtime which continues beyond midnight on any day, the time worked after midnight shall be deemed to be part of the previous day's work for the purpose of this clause.

(5) Subject to the provisions of subclause (6) of this clause, a worker required to work overtime for more than two hours shall be supplied with a meal by the employer or be paid sixty-five cents for a meal, and if, owing to the amount of overtime worked, a second or subsequent meal is required he shall be supplied with each such meal by the employer or be paid forty-five cents for each meal so required.

(6) The provisions of subclause (5) of this clause do not apply —

(a) in respect of any period of overtime lor which the worker has been notified on the previous day or earlier that he will be required; or

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

(7) If a worker to whom paragraph (a) of subclause (6) of this clause applies has, as a consequence of the notification referred to in that paragraph, provided himself with a meal or meals and is required to work less overtime than the period notified, he shall be paid, for each meal provided and not required, the appropriate amount prescribed in subclause (5) of this clause.

(8) When a worker is recalled to work after leaving the job, he shall be paid for at least two hours at overtime rates.

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

(10) 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 union 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 ths subclause.


under this award shall be— (1) Basic Wage (per week): $

Males 33.26 Females 24.95

(2) Adult Male Classifications and margin per week: $ Coachsmith 11.20 General smith 11.20 Spring maker and/or fitter on

vehicles 11.20 Bodymaker 11.20 Panel beater 11.20 Lead wiper and/or metal finisher .... 10.15 Wood machinist 9.10 Painter 10.15 Spray Painter 10.15 Trimmer 10.15 Signwriter (vehicle building and re-

pair trade) 10.15 First class welder 11.20 Second class welder 5.50 Third class welder 4.75 Fourth class welder .... .... .... 4.00 Sectional trimmer 6.95 Metal panel fixer 5.80 Painter's labourer 3.70 Assembler viceman 4.40 Smith's striker ... 3.75 Storeman 3.75 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

(5) Apprentices (per cent, of basic wage per week):

Five year term— First year 35 Second year 50 Third year 68 Fourth year 90 Firth year 100

Four year term- First year Second year .. Third year

. Fourth year ..

Three year term- First year Second year .... Third year ....

10.—Special Rates and Provisions. (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 twenty cents per week extra;

(b) more than ten and not more than twenty other workers shall be paid four dollars and twenty-five cents per week extra.

(c) more than twenty other workers shall be paid six dollars and forty-five cents per week extra.

(2) Painters: (a) Dry rubbing down: No surface painted

with lead paint shall be rubbed down or scraped by dry process.

(b) Washing of hands: The employer shall provide, for workers in the painting branch of the industry, washing facilities and soap suitable as a solvent for paint mixtures, in some convenient place, for the use of workers before meals and after knocking off work.

(c) Spray painting: Where painters using sprays are employed, adequate protection for their health shall be provided by the employers. They shall also be provided with respirators. It shall be considered a breach of this award for spray painting operations to be carried on contrary to any orders of or regulations made under or in pursuance of the Factories and Shops Act, 1963.

(d) Painters shall be allowed five minutes each day before ceasing work at end of shift for the purpose of washing and cleaning up.

(3) No workers shall be permitted to have a meal in any paint shop, or in such close proximity to any place where painting operations are being carried on as is likely to cause injury to his health.

(4) Blowers—Where practicable, blowers shall be installed in and around wood-working machines where dust is created and likely to affect the health of employees.

(5) (a) Goggles, glasses and gloves or other efficient substitutes therefor shall be available for the use of any worker engaged in welding.

(b) Every worker shall sign an acknowledge- ment on receipt of any article of protective equipment and shall return same to the employer when he has finished using it or on leaving his employment.

(c) No worker shall lend another worker any such article of protective equipment issued to such first mentioned worker, and if the same is lent, both the lender and the borrower shall be deemed guilty of wilful misconduct.

(d) Before goggles, glasses or gloves or any such substitutes which have been used by a worker are re-issued by the employer to another worker they shall be effectively sterilised.

<31—31224


(e) During the time any article of protective equipment is on issue to the worker, he shall be responsible for any loss or damage thereto, fair wear and tear attributable to ordinary use ex- cepted.

(6) (a) Where a woodworker using his own tools has been in employment for more than one week, the employer shall allow him one hour with payment therefor on termination of his employment to enable him to sharpen and pack his tools.

(b) The employee shall be permitted to use the employer's emery wheel or grindstone to sharpen his own tools in the course of his employment.

11.—Higher Duties. (1) A worker 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.

(2) Should any worker be required to perform work in a lower grade for any portion of a day, his wages shall not be reduced whilst employed in such capacity for that day.

12.—Contract of Service. (1) The contract of service shall be by the day,

and shall be terminable by one day's notice on either side, except in the case of a casual worker, when one hour's notice shall suffice.

(2) The employer shall be under no obligation to pay for any day not worked upon which the worker is required to present himself for duty, except such absence from work is due to illness and comes within the provisions of clause 17, or such absence is on account of holidays to which the worker is entitled under the provisions of the award.

(3) A worker who is dismissed for misconduct, or dereliction of duty, or who illegally severs his contract of service shall lose all rights under clauses 16 and 17 of this award and shall not be entitled to any payment of wages in respect of an incom- plete week's work.


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.

14.—Casual Workers. A worker employed for less than one working

week shall be deemed to be a casual worker and shall be entitled to be paid ten per cent, in addition to the ordinary rate.

15.—Shift Work. (1) An employer may, if he so desires, work his

establishment on shifts but, before doing so, shall give notice of his intention to the union.

(2) Work other than day shift shall not be recognised as afternoon or night shift unless in either case five consecutive afternoons or nights are worked, but shall be deemed to be overtime. On completion of the fifth consecutive afternoon's or night's work, the worker shall be deemed to have been employed on afternoon or night shift, as the case may be, during the preceding four

afternoons or nights, and thereafter during any subsequent consecutive afternoons or nights he is so employed.

(3) The loading on the ordinary rates of pay for shift work shall be five per cent, for afternoon shift, and ten per cent, for night shift.

(4) The sequence of shift work shall not be deemed to be broken under the preceding paragraph (2) by reason of the fact that the works are closed on a Saturday or Sunday or on any public holiday.

(5) All work performed by seven day shift workers during ordinary hours on Saturday shall be paid for at the rate of time and one-quarter, and on Sundays and the holidays prescribed in clause 16 (1) at the rate of time and one-half. These rates shall be paid in lieu of the shift allowances prescribed by subclause (3) hereof.

(6) Where a shift commences at or after 11 p.m. then the whole shift shall be paid for at the rate which applies to the major portion of the shift.

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

in lieu shall subject to subclause 8 (1) be allowed as holidays without deduction of pay, namely— New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Founda- tion Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in the subclause.

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

(2) On any public holiday not prescribed as a holiday under this award the employer's establishment or place of business may be closed, in which case a worker need not present himself for duty and payment may be deducted, but if work be done, ordinary rates of pay shall apply.

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

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

(5) (a) A seven day shift worker, i.e. a shift worker who is rostered to work regularly on Sun- days and holidays, shall be allowed one week's leave in addition to the leave to which he is otherwise entitled under this clause.

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

30 November, 1966.] western Australian industrial gazette.


(7) If, after one month's continuous service in any qualifying twelve monthly period, a worker lawfully leaves his employment or his employment is terminated by the 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.

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

(9) In the event of a worker being employed by an employer for portion only of a year, he shall only be entitled, subject to subclause (7) of this clause, to such leave on full pay as is proportionate to his length of service during that period with such empolyer, and if such leave is not equal to the leaye given to the other workers he shall not be entitled to work or pay whilst the other workers of such employer are on leave on full pay.

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

(b) 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.

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

(12) Notwithstanding anything else herein contained an employer who observes a Christmas close- down 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.

17.—Absence Through Sickness. (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 subject to subclause (4) hereof payment for absence through such ill-health shall be limited to one week in each calandar 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 Com- pensation 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) A worker shall not be entitled to the benefits of this clause unless he produces proof satisfactory to his employer of sickness, but the employer sljall not be entitled to a medical certificate unless the absence is for three days or more.

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(4) Sick leave shall accumulate from year to year so that any balance of the period specified in sub-clause (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 the 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.

18.—Tools. (1) Woodworkers and other branches requiring

files and hacksaw blades, bench vyces, cramps (above four inches) and rasps for the execution of their work to be supplied with same by the employer.

(2) Where the apprentice to woodworking provides his own tools other than those mentioned in subsclause (1) hereof, he shall be supplied with an order for a sum equivlent to thirty cents per week in his fourth and fifth years for the purpose of purchasing tools.

(3) Where the woodworker provides his own tools other than those mentioned in subclause (1) hereof, he shall be supplied with an order for a sum equivalent to 30 cents per week for the purpose of purchasing tools.

19.—Junior Workers. Unapprenticed male juniors may be employed in

all occupations for which apprenticeship is not provided, at the rates of wages as set out in clause 9 hereof.

20.—Junior Workers Certificate. Junior workers, upon being engaged shall, if re-

quired, furnish the employer with a certificate containing the following particulars:—

(1) Name in full. (2) Age and date of birth.

No worker shall have any claim upon an employer for additional pay in the event of the age of the worker being wrongly stated on the certificate. If any worker shall wilfully mis-state his age in the above certificate, he alone shall be guilty of a breach of this award.

21.—Apprentices. (1) The proportion of apprentices to journeymen

shall be one apprentice to two or fraction of two journeymen. Provided that the fraction of two shall not be less than one. Provided further that in an "approved" shop or factory the proportion shall be one apprentice for every journeyman. For the purpose of this proviso an "approved" shop ol- factory shall be one to which approval (as regards one or more particular trades) has been given by the Board of Reference appointed under clause 26 hereof.

(2) Apprentices shall be allowed in the following trades or avocations: (1) Smithing; (2) Body- making and/or Electric Welding; (3) Machinist; (4) Painting; (5) Trimming; (6) Panel Beating (including Welding).

(3) In the case of a youth who has had previous experience in the industry as a junior worker, the five years' course of apprenticeship specified in the Apprenticeship Regulations may be reduced to such period as the examiners, taking into consideration


the age and previous experience of the youth, may determine. The rates of wages to be paid in such case shall be the rates hereinafter prescribed for the years of service which the youth has yet to serve.

(4) Notwithstanding anything contained in this award to the contrary, if through lack of orders or through financial difficulties the employer is unable at any time to find employment and training for an apprentice, and if a transfer to another employer cannot be arranged, the obligations and duties imposed by the indenture may, with the concurrence of the apprentice and his guardian, be suspended for a period agreed upon or, if no such agreement be arrived at, may be cancelled by the employer. The onus of proof of circumstances justifying such cancellation shall be on the employer.

This provision shall be deemed to be included in all contracts of apprenticeship now existing and also in all future contracts entered into.

(5) Except as hereinafter provided every agreement of apprenticeship shall be for a period of five years, unless with approval of the Commission, that period is reduced or deemed to have been commenced prior to the date of the agreement provided that—

(a) Where the apprentice has completed the tenth year of schooling and has obtained the High School Certificate or Junior Certificate of the Public Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, the period of apprenticeship shall be four years; and

(b) Where the apprentice has completed the eleventh year of schooling and has obtained the High School Certificate or Junior Certificate of the Public Examina- tions Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period to three and a half years; and

(c) Where the appx-entice has completed the twelfth year of schooling and has obtained the High School Certificate or Leaving Certificate of the Public Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period to three years.

(d) Where the apprentice has satisfactorily completed a pre-apprenticeship course approved by the Apprenticeship Advisory Board and conducted by the Technical Education Division of the Education De- partment for the trade, the period of apprenticeship shall be three years.

(6) Where classes are provided by the Technical Education Division of the Education Department in the locality in which apprentice is employed, the hours of attendance at such classes shall be—•

(a) Where the perod of apprenticeship is fox- five years—eight hours per week for the first school year and eight hours per fortnight for each of the three subsequent school years.

(b) Where the period of apprenticeship is fox- less than five years—eight hours per week for the first and second school years and eight hours per fortnight for the next school year.

22.—Time and Wages Record. The employer shall keep or cause to be kept at

the place of business a x-ecord book, in which shall be entered—

(1) the names of each worker to whom this award applies;

(2) the nature of the work he is doing; (3) the hours worked each day and the start-

ing and finishing times each day; (4) the amount of wages and overtime (if

any) i-eceived by each worker, each week, and the worker's signature thereto; and

(5) the ages of all junior workers. The said record shall be open to inspection by

the secretary of the union or any person authorised by him at any time during the ordinary working hours, and he shall be allowed to take necessary extracts therefrom.

Any system of automatic recording by means of machines shall be deemed to comply with this provision to the extent of the information recorded.

23.—Payment of Wages. (1) All wages shall be paid in the employer's

time. When a worker is discharged before the usual pay day, he shall be paid his wages when he ceases work, or it shall be forwarded to his address the day after, by registered post, unless the worker desires to collect at the office.

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

24.—Union Representative. In the case of a disagreement existing or anti-

cipated concerning any of the provisions of this award, an accredited representative of the union shall be permitted to interview the workers during the recognised meal hour, on the business premises of the employer, but this permission shall not be exercised without the consent of the employer more than once in any one week.

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

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

(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 x-ate.


26.—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 Aus- tralian Industrial Commission) Regulations, 1964.

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

27.—Piece-work and Subletting. Piece-work and subletting shall be abolished in

all branches of the trade except to the extent and under the conditions obtaining at the date of this award.

28.—Posting of Award. All employers shall keep a copy of the award,

if supplied by the union, posted in a prominent place in the shop, and may permit formal union- notices to be posted alongside.

29.—Maximum Rate. Notwithstanding anything contained in this

award to the contrary, no time of duty whatsoever shall be required to be paid for at more than double time rate.


"the union" means the West Australian Vehicle Builders Industrial Union of Workers;




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


(c) thereafter remain a unionist whilst so employed.



(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;

(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; or

(d) who is an apprentice. (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 com- petent 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 nre- vision, by custom.

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


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

(c) This subclause shall not apply to an apprentice.

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


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



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

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

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


(a) who holds a certificate of exemption from membership of the union issued and in force pursuant to section 61B of the In- dustrial Arbitration Act, 1912-1963; 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.


26.—Long Service Leave. The Long Service Leave provisions set out in

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


List of Respondents. Bolton's Pty Ltd, Sutherland Street, West Perth. Ford Motor Co. (Aust.) Pty Ltd, North Fremantle. Farley, K. S., King Street Garage, 2 King Street,

Perth. Central District Motors Pty Ltd, Northam. Askew, T., Geraldton. General Motors Holden Ltd, Mosman Park. Winterbottom Motor Co. Ltd, St George's Terrace,

Perth. Dorsett Motors Pty Limited, Bunbury. Fremantle Municipal Transport Board, William

Street, Fremantle. West Australian Motor Body & Vehicle Builders &

Repairers Industrial Union of Employers, 168 St George's Terrace, Perth.

Glenister, C. G., 12 Ruth Street, Perth. Motor Body Building Pty Ltd, 267 Scarborough

Beach Road, Mount Hawthorn.

WATER, SEWERAGE AND DRAINAGE EMPLOYEES. (Government.)



Between Government Water, Sewerage and Drain- age Employees' Industrial Union of Workers, Applicant, and Honourable Minister for Water Supply, Sewerage and Drainage, Respondent.

HAVING heard Mr. H. R. Barrett on behalf of the applicant and Mr. G. Johnson on behalf of the respondent, and by consent, I, the undersigned, Chief Industrial Commissioner of The Western Aus- tralian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

That the Government Water, Sewerage and Drainage Employees' Award, No. 8 of 1956, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 10th day of November, 1966. (Sgd.) S. F. SCHNAARS,


Schedule. 1. Clause 29—Apprentices: Delete the whole of

the clause and insert in lieu thereof the following: Clause 29—Apprentices.

(1) The Apprenticeship Regulations under the Industrial Arbitration Act, 1912-1963, shall apply to all apprenticeship agreements under this award, except for the following modifications, viz: Delete Apprenticeship Regulation 36 and insert in lieu thereof the following:—

Lost Time. 36. The employer shall pay the apprentice

for all time lost through sickness or the holidays prescribed by this award. Provided—

(a) payment for such sickness shall not exceed a total of one month in each year;

(b) where the time lost through sickness exceeds four consecutive working days, the employer may demand from the apprentice the production of a medical certificate and a further certificate or certificates may be required if any time is lost through sickness within seven days from date of resumption of duty, the cost, if any, of such certificate or certificates, not exceeding fifty cents to be borne by the employer.

(c) an apprentice shall not be entitled to receive any wage 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 or sickness arising out of his own wilful default.

(2) Apprentices shall be allowed to all trades covered by this award, in the proportion of one apprentice to every two or fraction of two journeymen: Provided that the fraction of two shall not be less than one.

(3) Except as hereinafter provided every agreement of apprenticeship shall be for a period of five years unless, with the approval of the Commission, that period is reduced or deemed to have been commenced prior to the date of the agreement provided that in the case of apprentices in the engineering trades—

(a) where the apprentice has completed the tenth year of schooling and has obtained the High School Certificate or Junior Certificate of the Public Examinations Board in such subjects as the apropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, the period of apprenticeship shall be four years; and

(b) where the apprentice has completed the eleventh year of schooling and has obtained the High School Certificate or Junior Certificate of the Public Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period to three and a half years; and

(c) where the apprentice has completed the twelfth year of schooling and has obtained the High School Certificate or Leaving Certificate of the Public Examinations Board in such subjects as the appropriate Apprenticeship Advisory Board determines and has the vocational aptitude for the trade concerned, he may be allowed a credit to reduce the period to three years.

(4) Where classes are provided by the Tech- nical Education Division of the Education De- partment in the locality in which the apprentice is employed, the hours of attendance at such classes, in respect of apprenticeships in the engineering trades commencing on or after the date of this amendment, shall be—

(a) where the period of apprenticeship is for five years—eight hours per week for the first school year and eight hours per fortnight for each of the three subsequent school years.

30 November, 1966.] western Australian industrial gazette.

(b) Where the period of apprenticeship is for less than five years—eight hours per week for the first and second school years and eight hours per fornight for the next school year.

2. First Schedule—Wages: Add a further part after Part 18—Construction Work Allowance, as follows:—

Part 19.—Apprentices. Per cent, of male basic wage per week:

Five-year Term— % First year 35 Second year 50 Third Year 68 Fourth Year 90 Fifth year 100

Plus $3.82 Four-year Term— %

First year 38 Second year 68 Third year 90 Fourth year 100

Plus $3.82 Three-year Term— %

First year 55 Second year 90 Third year 100

Plus $3.82

AWARDS-

Amended to Convert Monetary

Amounts as Expressed therein

to Decimal Currency-

FERRYMASTERS AND ENGINEERS. (Transport Trust.) Award No. 8 of 1965.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION

No. 640 (356) of 1965. Between Metropolitan (Perth) Passenger Trans-

port Trust, Applicant, and Merchant Service Guild of Australia, Western Australian Section, Union of Workers, Respondent.

HAVING read the application filed by the applicant and the consenting statement signed on behalf of the respondent, I, the undersigned, Chief Industrial Commissioner of The Western Australian Indus- trial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

That the Ferries Masters and Engineers (Transport Trust) Award, No. 8 of 1965, be and the same is hereby amended in accordance with the following schedule and that such amendment shall take effect as from and including the 14th day of February, 1966.

Dated at Perth this 8th day of November, 1966. [L. S.J (Sgd) S. F. SCHNAARS,

Commissioner.

1227

Schedule. (1) Clause 4—Wages: (a) Delete subclause (1)

and insert the following in lieu thereof:— (1) The minimum rate of wages payable to

workers covered by this award shall be as follows:— 6

(a) Basic Wage (per week) .... 33.50 (b) Masters, Engineers and Shore

Engineers (margin per week) 14.20 (b) Add the following subclause (4) :—

(4) Where an obligation exists to pay a final amount which contains a decimal figure of .5 or more of a cent, the amount to be paid shall be the next whole cent, e.g. 5.5 cents becomes 6 cents. Conversely where the final amount contains a decimal figure of less than .5 of a cent such decimal figure shall be disregarded, e.g. 5.4 cents becomes 5 cents.

(2) Clause 5—Allowances: Delete the whole of this clause and insert the following in lieu thereof:—

5.—Allowances. (1) An amount of 40 cents shall be allowed

a Master or an Engineer, not working a shift on s.s. "Perth" but who is required to attend the furnace fires on that vessel.

(2) An Engineer required to attend fires on s.s. "Perth" shall be paid 60 cents for each full shift so employed.

(3) Masters required to collect fares shall be paid an allowance of 35 cents per shift whilst so occupied.

METAL TRADES. (Metropolitan Passenger Transport Trust.)

Award No. 37, 38 and 39 of 1960.



port Trust, Applicant, and Amalgamated Engineering Union of Workers, Perth Branch, and others, Respondents.

HAVING read the application filed by the applicant and the consenting statement signed on behalf of the respondents, I, the undersigned, Chief Industrial Commissioner of The Western Austra- lian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1963, and all other powers therein enabling me, do hereby order and declare-

That the Metal Trades (Metropolitan Perth Passenger Transport Trust) Award, No. 37, 38 and 39 of 1960, be and the same is hereby amended in accordance with the following schedule and that such amendment shall take effect as from and including the 14th day of February, 1966.

Dated at Perth this 8th day of November, 1966.

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

1228 WESTERN AUSTRALIAN industrial gazette. [30 November, 1966.

Schedule.

1. Clause 16—Overtime: Delete subclause (i) and insert the following in lieu thereof:—

(1) (i) A worker required to work overtime for more than two (2) hours, without being notified on the previous day or earlier that he will be so required to work, shall be supplied with a meal by the Trust or paid 50 cents for a meal.

(ii) If the amount of overtime required to be worked necessitates a second or subsequent meal, the Trust shall, unless it has notified the workers concerned on the previous day or earlier that such second or subsequent meal will also be required, provide such meals or pay an amount of 33 cents for each such second subsequent meal.

(iii) No such payments need be made to workers living in the same locality as their workshops who can reasonably return home for such meals.

(iv) If a worker in consequence of receiving such notice has provided himself with a meal or meals and is not required to work overtime or is required to work less overtime than notified, he shall be paid the amounts above prescribed in respect of the meals not then required.

2. Clause 20—Special Rates and Provisions: (a) Delete subclauses (a), (b), (c) and (d) and insert the following in lieu thereof:—

(a) Leading Hands: A leading hand placed in charge of—

(i) not less than three (3) and not more than ten (10) other workers shall be paid at the rate of $2.20 per week extra.

(ii) more than ten (10) and not more than twenty (20) other workers shall be paid at the rate of $4.35 per week extra.

(iii) more than twenty (20) other workers shall be paid at the rate of $6.45 per week extra.

(b) Height Money: Workers engaged in the erection of steel frame buildings, bridges, and gasometers at a height of fifty feet (50 ft.) or more above the nearest horizontal plane shall be paid at the rate of 20 cents per day extra.

(c) Dirt Money: 2.50 cents per hour extra shall be paid to workers when engaged on work of an unusually dirty nature, where clothes are necessarily unduly soiled or injured or boots are unduly injured by the nature of the work done.

(d) A tradesman not employed as a first class welder who in addition to his employment as such, is also required to do welding shall be entitled to receive 13.33 cents per day in addition to his ordinary rates of pay whilst so engaged. A worker entitled to payment under this paragraph shall not be entitled to claim extra pay for welding under the higher duties clause or this Award.

(b) Delete subclause (f) and insert the following in lieu thereof:—

(f) Confined Space. 6.67 cents per hour extra shall be paid to workers when working in "confined space" which means:—A compart- ment or space the dimensions of which neces- sitate a worker working in a stooped or otherwise cramped position, or without proper venti- lation.

3. Clause 26—Payment of Wages: Delete this clause and insert the following in lieu thereof:—

26.—Payment of Wages.

(a) Wages shall be paid weekly. (b) Where an obligation exists to pay a final

amount which contains a decimal figure of .5 or more of a cent, the amount to be paid shall be the next whole cent, e.g., 5.5 cents becomes 6 cents. Conversely where the final amount contains a decimal figure of less than .5 of a cent such decimal figure shall be disregarded, e.g., 5.4 cents becomes 5 cents.

4. Clause 27—Rates of Wages: Delete the whole of this clause and insert the following in lieu thereof:—

Clause 27—Rates of Wages. The minimum rates of wages payable to workers

covered by this Award shall be as follows:— $

(a) Basic wage (per week) 33.50 (b) Adult males (margin over basic wage

per week): (1) Battery fitter 11.20 (2) Blacksmith 11.20 (3) Electrical fitter and armature

winder 11.20 (4) Fitter and/or turner 11.20 (5) Machinist (1st Class) 11.20 (6) Fitter after 12 months' service

in diesel injection room 11.85 (7) Motor mechanic 11.20 (8) Welder—Special Class 12.25 (9) Welder—1st Class 11.20

(10) Welder—2nd Class 5.50 (11) Welder—3rd Class 4.75 (12) Welder—4th Class 4.00 (13) Steam Cleaner 5.80 (14) Blacksmith's striker 3.75 (15) Tradesman's assistant 3.75 (16) Tool and material storeman .... 3.75 (17) All others Nil

(c) Junior males (per cent, of basic wage): %

Under 16 years of age 30 16 to 17 years of age 40 17 to 18 years of age 50 18 to 19 years of age 60 19 to 20 years of age 75 20 to 21 years of age 90

(d) Apprentices (per cent, of basic wage): (i) Five-year term—

First year 35 Second year 50 Third year 68 Fourth year 90 Fifth year 100

plus $3.82


(ii) Pour-year term— % First year 38 Second year 68 Third year 90 Fourth year 100

plus $3.82 uii) Three-year term—

First year .... 55 Second year 90 Third year 100

plus $3.82

TRANSPORT TRUST. (Traffic and Non-Traffic Board.)




port Trust, Applicant, and Metropolitan State Passenger Transport Industrial Union of Workers, and others, Respondents.

HAVING read the application filed by the applicant and the consenting statement signed on behalf of the respondents, I, the undersigned, Chief Industrial Commissioner of The Western Austra- lian Industrial Commission, in pursuance of the powers contained in section 92 of the Industrial Arbitration Act, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

That the Transport Trust (Traffic and Non- Traffic) Award, No. 44 of 1961, be and the same is hereby amended in accordance with the following schedule and that such amendment shall take effect as from and including the 14th day of February, 1966.

Dated at Perth this 8th day of November, 1966. [L.S.] (Sgd.) S. F. SCHNAARS,

Commissioner.

Schedule. 1. Clause 15—Payment of Wages: Add to this

clause the following subclause:— (3) Where an obligation exists to pay a final

amount which contains a decimal figure of .5 or more of a cent, the amount to be paid shall be the next whole cent, e.g. 5.5 cents becomes 6 cents. Conversely where the final amount contains a decimal figure of less than .5 of a cent such decimal figure shall be disregarded, e.g. 5.4 cents becomes 5 cents.

2. Clause 25—Special Rates and Provisions: (a) delete subclause (1) and insert the following in lieu thereof:—

(1) Tools- fa) Woodworkers and other branches

requiring files and hacksaw blades, bench vices, cramps (above four inches) and rasps for the execution of their work, to be supplied with same by the Trust.

(b) Where the apprentice to woodworking provides his own tools other than those mentioned in paragraph (a) hereof, he shall be paid an allowance of 20 cents per week in his fourth and fifth year.

(c) Where a woodworker provides his own tools other than those mentioned in paragraph (a) hereof he shall be paid an allowance of 20 cents per week.

(b) Delete subclause (6) and insert the following in lieu thereof:—

(6) Workers required to apply a coat of tar to butts of poles shall be paid an amount of 13.33 cents per day in addition to their ordinary rate.

3. Clause 27—Overtime: Delete subclause (5) and insert the following in lieu thereof:—

(5) Meals—payment of— (a) A worker required to work overtime

for more than two (2) hours, without being notified on the previous day or earlier that he will be so required to work, shall be supplied by the Trust with any reasonable and necessary meal or paid 60 cents for a meal.

(b) If the amount of overtime required to be worked necessitates a second or subsequent meal, the Trust shall, unless it has notified the workers concerned on the previous day or earlier that such second or subsequent meal will also be required, provide such meals or pay an amount of 40 cents for each such period or subsequent meal.

(c) No such payments need be made to workers living in the same locality as their workshops who can reasonably return home for such meals.

(d) If a worker in consequence of receiving such notice has provided himself with a meal or meals and is not required to work overtime oi- ls required to work less overtime than notified, he shall be paid the amounts above prescribed in respect of the meals not then required.

4. Clause 28—Wages: Delete the whole of this clause and insert the following in lieu thereof:—

29.—Wages. (1) The minimum rates of wages payable to

workers covered by this section of the Award shall be as follows:—

$ (a) Basic wage (per week) 33.50 (b) Classifications and margins per week:

Adult Males: (1) Steam cleaner 5.80 (2) Storeman in charge of Main

Store 8.00 (3) Storeman—other 6.95 (4) Ambulance Room attendant

and storeman (uniforms) .... 8.00 (5) Storeman's assistant .... 2.60 (6) Tool and material storeman 3.75 (7) Messenger 2.50 (8) Messroom attendant 1.25 (9) Lavatory attendant 1.25

1230

$ (10) Hoarding hand 3.70 (11) Linesman in charge of Tower

Wagon 9.80 (12) Linesman 8.65 (13) Assistant linesman 3.75 (14) Poling gang 3.70 (15) Body builder 11.20 (16) Panel beater 11.20 (17) Painter and signwriter (Vehi-

cle Building and Repairing) 11.20 (18) Trimmer (Vehicle) 11.20 (19) Wood machinist 9.10 (20) Welders-

First class 11.20 Second class 5.50 Third class 4.75 Fourth class 4.00

(21) General Smith 11.20 (22) Painter's labourer (Vehicle

Building and Repairing) .... 3.70 (23) Tradesman's assistant .... 3.75 (24) Blacksmith's striker 3.75 (25) Washers—

Day 2.95 Night 3.85

(26) Greasers 5.80 (27) Attendants, omnibus and

trolley bus 6.10 (28) Attendants, tyres and tubes 5.80 (29) Shunter 6.10 (30) Scrutineer 5.55 (31) Leading hand, tyre and tube

at Causeway Depot 9.40 (32) Motor vehicle driver—

Not exceeding 25 cwt .... 5.60 Not exceeding 3 ton .... 7.10 Over capacity 3 ton .... 8.45

(2) Leading Hands—A Leading Hand placed in charge of—

(a) Not less than three (3) and not more than ten (10) other workers shall be paid at the rate of $2.20 per week extra.

(b) More than ten (10) and not more than twenty (20) other workers shall be paid at the rate of $4.35 per week extra.

(c) More than twenty (20) other workers shall be paid at the rate of $6.45 per week extra.

(3) Liberty to apply for the insertion of an additional classification "all others" is granted if at any time such a classification seems necessary.

(4) Apprentices—Per cent, of basic wage: (a) Five-year Term— %

First year 35 Second year 50 Third year 68 Fourth year 90 Fifth year 100

plus $3.82

(b) Four-year Term— First year 38 Second year 68 Third year 90 Fourth year 100

plus $3.82

(c) Three-year Term— First year 55 Second year 90 Third year 100

plus $3.82

5. Clause 35—Additional Rates: Delete subclause (6) and insert the following in lieu thereof:—

(6) An allowance of 8.33 cents per hour shall be paid to traffic workers for all ordinary time payable at ordinary rates, worked between 8 p.m. on one day and 1 a.m. on the following day and between 5 a.m. and 6 a.m. Monday to Friday inclusive, except where a holiday is observed on any of those days. Broken periods of less than thirty (30) minutes on any shift shall be disregarded and from thirty (30) minutes to fifty-nine (59) minutes shall be paid as for one (1) hour.

6. Clause 37—Meal Allowance: Delete subclause (1) and insert the following in lieu thereof:—

(1) Where overtime exceeds one hour beyond the rostered time for the day which for the purpose of this subclause shall include under-time worked in accordance with clause 36 (5) a meal allowance of 60 cents shall be paid: Provided such allowance shall not be paid if the worker is supplied with a meal or could reasonably have returned to his home for a meal during the break, if any, prior to working the additional time or if the worker was notified prior to leaving from work the day before of such requirement to work the additional time.

7. Clause 38—Special Rates: Delete the whole of this clause and insert the following in lieu thereof:—

(1) Making reports. For making any report required by the Trust in his own time a worker shall be paid 10 cents for each such report. (For other provisions associated with making such reports see clause 39).

(2) Instracting Students. 10 cents per hour extra shall be paid to any worker actually engaged instructing students. (For other provisions relating to training of students see clause 41.)

(3) One-man Buses. Drivers required to collect fares when working one man vehicles shall be paid 50 cents per shift in addition to their ordinary wage, irrespective of whether they work a full shift or not, and a worker who, for the major and substantial part of his employment in any year, is entitled to be paid this allowance, shall be paid such allowance during absence on annual leave.

8. Clause 42—Wages: Delete subclause (2) and insert the following in lieu thereof:—

(2) (a) Basic Wage per week: $

(i) Males 33.50 (ii) Females 25.13

(b) Male Classifications: (i) Trolley Bus Driver 12.00 (ii) Omnibus Driver 12.00 (iii) Conductor—

First year 4.50 Thereafter 7.00

(c)Adult Female Classifications: (i) Conductresses—

First year 4.50 Thereafter 7.00


ERRATUM- NURSES.

(Public Hospitals.) Award No. 23 of 1963.

WHEREAS an error has occurred in the copy of the amendment of the above award as published in the Western Australian Industrial Gazette of 20th April, 1966, No. 46, Part 1, Sub-part 3, page 299, the following correction is hereby published:—

In line 4 Item (16) "First year 23.20 11. 12. 0" should read "First year 26.20 13. 2. 0".

Dated at Perth this 9th day of November, 1966. (Sgd.) R. BOWYER,

Industrial Registrar.

AWARDS-

Application for Amendment of—

BUILDING TRADES Award No. 24 of 1958.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION

No. 293 of 1966. Between the Builders' Labourers Union of Workers

of Western Australia, Applicant, and Master Builders' Association of Western Australia (Union of Employers) Perth, and others, Respondents. Before Mr Commissioner J. R. Flanagan.

The 24th day of November, 1966. Mr N. Hayter on behalf of the applicant. Mr J. deBurgh on behalf of the respondents. Mr J. White on behalf of The Operative Painters

and Decorators' Union of Australia, West Austra- lian Branch, Union of Workers.

Mi' S. Mutton on behalf of The West Australian Plumbers and Sheet Metal Workers' Industrial Union of Worker's.

Mr W. K. Young on behalf of The Western Australian Amalgamated Society of Carpenters and Joiners' Industrial Union of Workers.

Mr A. C. Lee on behalf of The Operative Plasterers and Plaster Workers Federation of Aus- tralia (Industrial Union of Workers) Western Australian Branch.

Mr H. R. Fletcher on behalf of The Operative Bricklayers and Stone Workers Industrial Union of Workers, W.A. and the Building Trades Associa- tion of Unions of Western Australia (Association of Workers).

Judgment. THE COMMISSIONER: In this matter the Builders' Labourers' Union has sought to amend the Building Trades Award, No. 24 of 1958, as amended and consolidated in a claim for increased marginal rates for builders' labourers.

Classifying the workers in groups one to four, margins of twelve, eleven, ten and nine dollars respectively were claimed.

The following unions, listed in their order of appearance, intervened for the purpose of object- ing to certain classifications as expressed in the schedule:—

Painters and Decorators; Plumbers and Sheet Metal Workers; Carpenters and Joiners; Operative Plasterers and Plaster Workers; Bricklayers and Stone Workers.

Objections were directed against what was considered an encroachment into trade areas which are governed by the aforementioned unions. These objections, however, were resolved during the proceedings with the applicant assuring the objectors of the purpose and intent of the application and consenting to appropriate amendments to the description of various classifications.

In support of the claim for not unsubstantial marginal increases the applicant outlined the duties of the various classifications, observing that such work is either "very important," "very tedious," "more hazardous" or "very dirty."

Although the work and responsibilities of a rigger, a scaffolder and a steel fixer were described in turn by the four witnesses called by the applicant, no specific reference was made to the basis on which existing margins have been fixed nor was there any detailed comparison with margins currently paid for similar work in other States.

It seems that the case for the applicant is contained within the passage appearing on page 64 of the transcript of proceedings when in reply to the Commission's question—"On what basis are you claiming the marginal rates as set out in your schedule?", Mr Hayter replied:—

On work value, sir; the value of the work done by these builders' labourers increased that much over the years and we are not up to our counterparts in other States. We are behind them at the moment; but it is a higher margin than what they are claiming, as I stated when I was going through the case, especially with the steel fixers and the scaffolding gear. They are working under much more strenuous supervision than what they do elsewhere in Australia, the scaffolding especially. They are working under the supervision of the Scaffolding Department, which is very rigid. They have to go to the school to get these licenses, and the amount they are paid as a scaff older (and the margins for skill) is very, very light in our opinion—and that is why the work value is worth the amount we have asked for—

Subsection (1) of section 69 of the Industrial Arbitration Act, 1912-1963, requires the Commis- sion in the exercise of its jurisdiction to act according to equity, good conscience and the substantial merits of the case.

Section 71 of the Act provides, inter alia, that the Commission may, in relation to any dispute or other matter before it—

(a) dismiss the dipute or other matter or any part thereof at any stage of the proceedings if it is satisfied—

(i) that the matter or dispute or part thereof is trivial;

(ii) that further proceedings are not necessary or desirable in the public interest;


(iii) that the party or parties which referred the matter or dispute to the Commission do not, where there is more than one party on that side, represent the view of the majority of those parties; or

(iv) that for any other reason the dispute or other matter should be dismissed.

As the case presented by the applicant was not in my view of sufficient substance to justify a case in reply, I have decided, pursuant to section 71 of the Act, to dismiss at this stage of the proceedings, Application No. 293 of 1966.

Decision accordingly.

AWARDS-Application to Cancel

or Suspend Terms of-

Section 98A-

METAL TRADES (General.)



No. 290 Of 1966. Between the Operative Painters and Decorators'

Union of Australia, West Australian Branch, Union of Workers, Applicant; and State Ex- ecutive, Australasian Society of Engineers Industrial Association of Workers, and other, Respondents.

Before Mr Commissioner E. R. Kelly. The 7th day of November, 1966.

Mr J. L. Toohey of Counsel on behalf of the applicant.

Mr R. Anderson on behalf of the State Exec- utive, Australasian Society of Engineers Industrial Association of Workers.

Mr J. Mutton on behalf of the Coastal District Committee Amalgamated Engineering Union Asso- ciation of Workers.

Mr J. Ince on behalf of employers who are respondents to Award No. 13 of 1965.

Judgment. THE COMMISSIONER: This is an application by the Operative Painters and Decorators' Union for an order cancelling the calling, "painter of iron work other than coach painter and ship painter" from the First Schedule to the Metal Trades (Gen- eral) Award, 1966.

The Metal Trades (General) Award, 1966, was made in settlement of an industrial dispute referred to the Commission by the unions which are the respondents to the present application. In the log of claims upon which that industrial dispute arose, those unions demanded that an award be made which would apply, inter alia, to "painters of iron work". That demand was conceded by the respondents to the reference and the minutes of the proposed award which were handed down to the parties on 20th May, 1966, accordingly re- flected the agreement of the parties on that point. At the Speaking to the Minutes the Secretary of the Operative Painters and Decorators' Union

sought and was granted leave to intervene and requested that certain modifications be made to the award in that regard. The request was refused for reasons which are not germane to the present proceedings.

The present application is brought on the ground that under their registered rules the respondent unions may not validly admit to membership workers in the calling "painter of iron work". On this premise it is argued that the reference of dispute leading to the making of the award, insofar as it sought an award to apply to painters of iron work, was invalid and that the award made on the basis of that reference is, for that reason and to that extent, also^ invalid. I accept, without decid- ing, that the premise and the conclusions drawn from it are correct. That, however, is far from being an end of the matter.

The application is brought or purports to be brought under section 98A of the Industrial Arbi- tration Act, 1912-1963, which is in these terms:—

98A. (1) Where on the application of an industrial union or person who in the opinion of the Commission has a sufficient interest or of the Registrar, it appears to the Commission—•

(a) that an industrial union which is a party to an order or award or industrial agreement has by act or omission con- travened this Act, or an order, or award, or industrial agreement;

(b) that a number of members of an industrial union, sufficiently large to form a substantial part of the industrial union refuses to accept employment either at all or in accordance with existing orders, awards or industrial agreements; or

(c) that for any other reason an order or award or industrial agreement ought to be suspended or cancelled in whole or in part;

the Commission may, by order, subject to such conditions or exceptions, or both, as it thinks fit, suspend or cancel for such period as it thinks fit, all or any of the terms or any order or award or industrial agreement in force so far as the order or award or industrial agreement applies to, or is in favour of, the industrial union or its members.

(2) The order for suspension or cancellation may be limited to persons named therein, to classes of persons, or to particular localities.

In Thorne v. The Chief Secretary of Western Australia and the West Australian Gaol Officers' Union (37 W.A.I.G., p. 754) the Court of Arbitra- tion had occasion to consider the extent of the power conferred by the foregoing section and at page 755 Nevile, J. had this to say—

The application purports to be brought under Section 98A of the Act, but although I have sought to find in that section the necessary authority for the Court to act in this case, I have finally been forced to agree with the submissions made by Mr. Ruse on behalf of the Minister. When one considers that the only power there given to the Court is to cancel or suspend an award "so far as the award applies to or is in favour of the industrial union or its members" it seems to me an in- escapable inference that the section is de- signed to add to the punitive powers of the Court and only operates when a Union or its


members have been guilty of contravening an award or refusing to accept employment in accordance with its terms or some other action of a like nature.

In the present proceedings Mr. Toohey invited me to take a different view from that taken by His Honour but I find it unnecessary to come to a conclusion on the point. It is, however, of interest to note that regulation 138D (2) (b) of the Concilia- tion and Arbitration Regulations in force under the Conciliation and Arbitration Act, 1904-1961, en- visages that the Commonwealth Commission in Presidential Session may, under section 62 of that Act (a section which is, in all material respects, identical with section 98A of the State Act), en- tertain an application which is not punitive in its nature or purpose. Be that is it may, I am satisfied that an order under section 98A is inappropriate to achieve what is sought in the present application.

What is sought is the cancellation of the calling, "painter of iron work". The justification for cancelling that calling is said to be that the award, insofar as it contains that calling, is invalid. But that alleged invalidity could not be remedied by an order under section 98A for that section only enables the Commission to cancel an award "insofar as the . . . award . . . applies to or is in favour of the industrial union or its members". An award does not, however, apply only to workers who are members of the unions which are parties to it. By section 85 it applies to all workers employed in the callings mentioned in the award. It applies, in other words, whether workers are members of any union or not. The effect of an order under section 98A would not be to remove the calling, "painter of iron work" from the Metal Trades (General) Award. It would simply nullify the effect of section 85 upon any contract of employment to work as a painter of iron work entered into between any member of any of the respondent unions and an employer otherwise bound by the Metal Trades (General) Award. It would not necessarily make any such contract void unless the contract was inconsistent with some other award applicable to the work. But if the Metal Trades (General) Award, to the extent that it purports to apply to the calling, "painter of iron work", is invalid, then it could not, in any event, be set up against another award validly operating in the same field; nor could it operate to prevent the applicant union from obtaining an award to cover that field.

An order in the terms of the application could not be made under section 98A. An order under that section restricted to members of the respondent unions would not remedy the alleged invalidity of the award though it would limit the statutory operation or vrima facie statutory operation of the award. It appears from what was said during the proceedings that workers are not hired under the Metal Trades (General) Award as "painters of iron work" but that workers who have been hired in other capacities are, from time to time, required to paint iron work. In the event that any worker is hired as a painter of iron work it seems to me that the alleged invalidity of the award would not prevent him suing, if necessary, under his contract; or under some other award if there be one that is applicable to him.

In all the circumstances I can see little reason to make an order other than the one that is sought; and as the one that is sought cannot be made, the application is dismissed.

Decision accordingly.

1233

AGREEMENTS REGISTERED-

Civil Service Association—

STATE PUBLIC SERVICE. Public Service (General Division) Salaries

Agreement, 1966.

P.S.C. No. 3 of 1966. THIS Agreement, made pursuant to the provisions of Part X of the Industrial Arbitration Act, 1912- 1963, of Western Australia, this 21st day of October, 1966, between the Civil Service Association of West- ern Australia (Incorporated) (hereinafter referred to as the Association) of the one part and the Public Service Commissioner of Western Australia (hereinafter referred to as the Commissioner) of the other part, witnesseth as follows:—

1.—Title. The parties having by negotiation revised,

altered and amended the Agreement (P.S.C. No. 1 of 1963) dated the 26th March, 1963, as amended by P.S.C, No. 2 of 1963, P.S.C. No. 1 of 1965 and P.S.C. No. 1 of 1966, insofar as it relates to officers employed in the General Division, hereby agree that this Agreement, to be known as the "Public Service (General Division) Salaries Agreement, 1966", (P.S.C. No. 3 of 1966), shall insofar as it relates to officers employed in the General Division and subject to clause 17 hereof supersede and replace the said Agreement (P.S.C. No. 1 of 1963).

2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Salary Rates—Interpretation. 5. Fundamental Basis. 6. Male Officers—General Division. 7. Male Officers—Field Assistants. 8. Male Officers—Laboratory Assistants. 9. Male Officers—Drafting Assistants.

10. Female Officers—General Division. 11. Female Officers—Laboratory and Techni-

cal Assistants. 12. Female Officers—Telephonists, Assistants

and Laboratory Assistants. 13. Female Officers—Drafting Assistants. 14. Annual Increments. 15. Maintenance of Rights of Appeal. 16. Temporary Employees. 17. Term of Agreement.

Schedule A: Male Officers—Classes and Grades. Schedule B; Female Officers—Classes and Grades.

3.—Area and Scope. This Agreement shall apply lo all officers em-

ployed in the General Division under the provisions of the Public Service Act, 1904-1963, whose maximum margins over the basic rate are less than $4,643 (£2,322) per annum. Provided that persons temporarily employed in the General Divi- sion shall be subject to the rates of pay referred to in clause 16 of this Agreement.


4.—Salary Rates—Interpretation. (a) In this Agreement the term "basic rate"

means in the case of— (i) Male Officers—the result (to the nearest $

(£)) obtained by multiplying the male basic wage, as determined from time to time by the Industrial Commission of Western Australia, by fifty-two and one- sixth (52 l/6th);

(ii) Female Officers— seventy-five per cent. (75%) to the nearest $ (£) of the male basic rate as determined in paragraph (i) of this subclause.

(b) The basic rates as determined in accordance with subclause (a) of this clause are as follows:

7th January, 25th January, 1966. 1966.

Male Officers .... $1,669 (£834) $1,689 (£844) Female Officers .... $1,251 (£625) $1,267 (£633)

(c) If, during the currency of this Agreement, the Western Australian Industrial Commission should prescribe a basic wage differing in amount from that prescribed as at the 25th January, 1966, and as shown as an annual equivalent in paragraph (b) above, then the margins (or percentages) in the case of officers not in receipt of margins) set out hereinafter in this Agreement shall be deemed to be decreased or increased as the case may be to the same extent that such basic wage (as expressed as an annual equivalent) is increased or decreased by the said Commission, so that, subject to the provisions of subclause (d) of this clause and clause 17 of this Agreement, the total rates of pay prescribed by this Agreement shall remain constant.

(d) The total rates of pay prescribed by this Agreement are based upon the Federal Basic Wage for Perth expressed as an annual equivalent ot $1,607 ($803) (male officers). If during the currency of this Agreement the Commonwealth Conciliation and Arbitration Commission should prescribe a basic wage for Perth differing in amount from that prescribed and shown as an annual equivalent in this subclause, then the total rates of pay prescribed by this Agreement shall be increased or decreased as the case may be to the same extent (or proportion thereof in the case of officers not in receipt of margins) that the Federal Basic Wage for Perth, as expressed as an annual equivalent, is increased or decreased.

Provided that the total rates of pay prescribed by this Agreement shall not be increased in accordance with the provisions of this subclause until such time as the Federal Male Basic Wage for Perth as expressed as an annual equivalent, exceeds $1,627 (£813) per annum, whereupon the total rates of pay shall be increased by the amount (or proportion thereof in the case of officers not in receipt of margins) by which such basic wage, expressed as an annual equivalent, exceeds $1,627 (£813).

5.—Fundamental Basis. The fundamental basis or principle upon which

the classes set out in Schedules A and B of this Agreement have been determined, either alone or in relation to other classes, and the placement of offices within such classes, is in accordance with the nature of the duties and responsibilities of such offices. Insofar as the classes set out in clauses 6 (a), 7, 8, 9, 11, 12 and 13 of this Agree- ment are concerned, the fundamental basis or

principle is in accordance with the nature of the duties and responsibilities together with age or period of employment.

6.—Male Officers—General Division. (a) The rates of pay for male General Division

officers except as provided for Field Assistants (Clause 7), Laboratory Assistants (Clause 8) and Drafting Assistants (Clause 9) shall be as follows:

Percentage (to be calculated to

nearest ($) (£) ) of Basic Bate

or Margin Over Class 1:

15 years of age 564% 16 years of age 66% 17 years of age 81% 18 years of age 954% 19 years of age $218 (£109) 20 years of age $426 (£213) 21 years of age or first year of

adult service $568 (£284) 22 years of age or second year

of adult service $654 (£327) 23 years of age or third year

of adult service $738 (£369) 24 years of age or fourth year

of adult service $844 (£422) Class 2:

Minimum $844 (£422) Intermediate $920 (£460) Maximum $992 (£496)

Class 3: Minimum $992 (£496) Intermediate $1,066 (£533) Maximum $1,172 (£586)

Provided that— (i) an officer who occupies a position which

has been classified by an amalgamation of Classes 1 and 2, shall proceed to the intermediate margin of Class 2, after he has been in receipt of the maximum margin of Class 1 for a continuous period of twelve months; and

(ii) an officer who occupies a position which has been classified by an amalgamation of Classes 2 and 3, shall proceed to the intermediate margin of Class 3, after he has been in receipt of the maximum margin of Class 2 for a continuous period of twelve months; and

(iii) an officer who occupies a position which has been classified by an amalgamation of Classes 1, 2 and 3, shall proceed to the intermediate margin of Class 2 after he has been in receipt of the maximum margin of Class 1 for a continuous period of twelve months and to the intermediate margin of Class 3 after he has been in receipt of the maximum margin of Class 2 for a continuous period of twelve months.

(b) An officer who is over the age of 21 years on appointment may be appointed at a minimum rate of pay based on years of service and not on age.

(c) An officer retained on the maximum margin prescribed for Classes 1, 2 or 3 by subclause (a) for a period of five (5) years shall be paid an allowance of $60 (£30) per annum provided the Per- manent Head certifies that such officer is eligible


and would be recommended for promotion on the grounds of efficiency and good conduct. An allowance paid under this subclause shall be converted to salary on promotion to a higher position and shall cease should the officer refuse to accept promotion.

(d) Classes and grades beyond a margin of $1,172 (£586) per annum shall be those set out in Schedule A to this Agreement.

(e) The incremental scale expressed in margins over the basic rate, except where specifically provided for elsewhere in this Agreement, shall be as follows:—

$1,302 (£651) -$1,432 (£716)-$1,562 (£781)- $1,692 (£846)-$1,832 (£916)-$1,972 (£986)- $2,112 (£1,056)-$2,252 (£1,126)-$2,402 (£1,201)- $2,552 (£1,276)-$2,702 (£1,351)-$2,852 (£1,426)- $3,002 (£1,501)-$3,152 (£l,576)-$3,302 (£1,651)- $3,462 (£l,731)-$3,622 (£l,811)-$3,792 (£1,896)- $3,962 (£1,981)-$4,132 (£2,066)-$4,302 (£2,151)- $4,472 (£2,236)-$4,642 (£2,321).

(f) In making a classification under this clause the Commissioner may amalgamate any two or more classes.

7.—Male Officers—Field Assistants. (a) The rates of pay for male field assistants

shall be as follows:— Percentage (to be

„ , calculated to Age or Tear of Adult Service nearest ($) (£) ) of Basic Rate

or Margin Over Basic Rate.

15 years of age 56J% 16 years of age 66 % 17 years of age 81 % 18 years of age 95i% 19 years of age $218 (£109)

15 years of age 16 years of age 17 years of age 18 years of age 19 years of age 20 years of age 21 years of age or first year

of adult service 22 years of age or second year

of adult service 23 years of age or third year

of adult service 24 years of age or fourth year

of adult service 25 years of age or fifth year

of adult service 26 years of age or sixth year

of adult service 27 years of age or seventh year

of adult service 28 years of age or eighth year

of adult service

(£213)

(£284)

(£369)

(£422)

(£460)

(£496)

of adult service $1,172 (£586)

Provided that an officer who has been awarded a diploma of an approved Agricultural College shall be paid—

(i) one grade above the rate prescribed in this clause for his age, if he is under 21 years of age; or

(ii) two grades above the rate prescribed in this clause for his age or year of adult service, if he is 21 years of age or over.


(c) An officer retained on the maximum margin prescribed by subclause (a) for a period of five (5) years shall be paid an allowance of $60 (£30) per annum provided that the Permanent Head certifies that the officer is eligible and would be recommended for promotion on the grounds of efficiency and good conduct. An allowance paid under this subclause shall be converted to salary on promotion to a higher position and shall cease should the officer refuse to accept promotion.

8.—Male Officers—Laboratory Assistants. (a) The rates of pay for male laboratory as-

sistants shall be as follow:— Percentage (to be

Calculated to Age or Year of Adult Service. nearest ($) (£) ) of Basic Rate or

Margin Over Basic Rate.

15 years of age 60% 16 years of age 69% 17 years of age 81% 18 years of age 95i% 19 years of age $218 (£109) 20 years of age $426 (£213)

15 years of age 16 years of age 17 years of age 18 years of age 19 years of age 20 years of age 21 years of age or first year of

adult service 22 years of age or second year

of adult service 23 years of age or third year of

adult service 24 years of age or fourth year

of adult service 25 years of age or fifth year of

adult service 26 years of age or sixth year of

adult service 27 years of age or seventh year

of adult service

$568 (£284

$654 (£327

$738 (£369

$844 (£422

$950 (£475

$1,056 (£528

$1,172 (£586 (b) An officer who is over the age of 21 years on

appointment may be appointed at a minimum rate of pay based on years of service and not on age.

(c) An officer retained on the maximum margin prescribed by subclause (a) for a period of five (5) years shall be paid an allowance of $60 (£30) per annum provided the Permanent Head certifies that the officer is eligible and would be recommended for promotion on the grounds of efficiency and good conduct. An allowance paid under this subclause shall be converted to salary on promotion to a higher position and shall cease should the officer refuse to accept promotion.

9.—Male Officers—Drafting Assistants, (a) The rates of pay for male drafting assistants

shall be as follow:—

Age or Year of Adult Service. 21 years of age or first year of

adult service 22 years of age or second year

of adult service 23 years of age or third year of

adult service 24 years of age or fourth year

of adult service 25 years of age or fifth year of

adult service 26 years of age or sixth year of

adult service

Margin Over Basic Rate.

$568 (£284)

$654 (£327)

$738 (£369)

$844 (£422)

$950 (£475)

$1,056 (£528)


27 years of age or seventh year of adult service $1,172 (£586)

28 years of age or eighth year of adult service $1,302 (£651)

29 years of age or ninth year of adult service $1,432 (£716)

30 years of age or tenth year of adult service $1,562 (£781)

31 years of age or eleventh year of adult service $1,692 (£846)


(c) An officer shall progress annually through the marginal range prescribed in subclause (a) provided that—•

(i) advancement beyond a margin of $844 (£422) per annum shall not be approved unless—

in the case of a drafting assistant, employed in a cartographic drawing office, he has passed the subjects of Mathematics IA, Survey Office Practice and Computations I, Cartographic Reproduction of Maps and Plans and Surveying ID at the Perth Technical College, or, in the opinion of the Commis- sioner, possesses equivalent qualifications; or

has completed six (6) years' continuous service as a drafting assistant, or has completed such lesser period as the Commissioner, after taking experience prior to joining the Service into account, deems sufficient; and

in the case of a drafting assistant employed in an architectural or engineering drawing office, he has passed the first two (2) years of the qualifying course prescribed for a cadet draftsman employed in the same drawing office, or in the opinion of the Commissioner, possesses equivalent qualifications; or

has completed six (6) years'continuous service as a drafting assistant, or has completed such lesser period as the Commissioner, after taking experience prior to joining the Service into account, deems sufficient; and

(ii) advancement beyond a margin of $1,302 (£651) per annum shall not be approved unless a drafting assistant—

has passed the examination prescribed as the qualifying examination for a cadet draftsman employed in the same drawing office, or, in the opinion of the Commissioner, possesses equivalent qualifications; or

has completed ten (10) years' continuous service as a drafting assistant, or has completed such lesser period as the Commissioner, after taking experience prior to joining the Service into account, deems sufficient.

10.—Female Officers—General Division. (a) Except where otherwise provided in this

Agreement, the classes and grades applicable to female officers in the General Division shall be as indicated in Schedule B to this Agreement.

(b) The incremental scale expressed in margins over the basic rate, except where specifically provided for elsewhere in this Agreement, shall be as follows:—

$1,038 (£519)-$1,098 (£549)-$1,190 (£595)-$1,282 (£641)-$1,414 (£707)-$1,546 (£773)-$1,678 (£839) -$1,810 (£905)-$l,942 (£971)-$2,082 (£1,041)-$2,222 (£1,111)-$2,362 (£1,181)- $2,502 (£1,251)-$2,642 (£1,321)-$2,782 (£1,391)-$2,922 (£1,461)-$3,062 (£1,531)-$3,202 (£l,601)-$3,342 (£1,671)-$3,482 (£1,741)-$3,622 (£1,811)-$3,762 (£1,881)-$3,902 (£1,951).

(c) In making a classification under this Clause the Commissioner may amalgamate any two or more classes.

(d) An adult female officer who is paid in accordance with the rates prescribed in this clause, may apply to the Public Service Commissioner to be paid the same margin as that prescribed for a male officer occupying an identical position, on the grounds that the duties and responsibilities of the position which she occupies are identical with those of a male position; and if the Commissioner is satisfied that the duties and responsibilities of her position are identical with those of a male position, she shall be paid the same margin as that prescribed for the male officer occupying the identical position.

11.—Female Officers—^Laboratory Assistants and Technical Assistants.

(a) The rates of pay for female laboratory assistants and technical assistants shall be as follows:—


Age or Year of Adult Service nearest ($) (£) ) of Basic Rate or Margin Over

Basic Rate. 15 years of age 76% 16 years of age 82% 17 years of age 92i% 18 years of age $74 (£37) 19 years of age $220 (£110) 20 years of age $364 (£182) 21 years of age or first year of

adult service $558 (£279) 22 years of age or second year of

adult service $644 (£322) 23 years of age or third year of

adult service $704 (£352) 24 years of age or fourth year of

adult service $750 (£375) 25 years of age or fifth year of

adult service $820 (£410)


(c) An officer who has completed not less than 20 years of continuous permanent service shall be paid an allowance of $80 (£40) per annum, provided the Permanent Head certifies as to the good conduct, diligence and efficiency of the officer.


12.—Female Officers—Telephonists, Assistants and Laboratory Attendants.

(a) The rates of pay for female telephonists, assistants and laboratory attendants shall be as follows:—


Age or Year of Adult Service nearest ($) (£) ) of Basic Bate

or Margin Over Basic Bate.

65|% 76% 82% 924-%

$74 (£37) _ $264 (£132)

21 years of age or first year of adult service $402 (£201)

22 years of age or second year of adult service $508 (£254)

23 years of age or third year of adult service $584 (£292)

24 years of age or fourth year of adult service $648 (£324)


(c) An officer who has completed not less than 20 years of continuous permanent service shall be paid an allowance of $80 (£40) per annum, provided the Permanent Head certifies as to the good conduct, diligence and efficiency of the officer.

(d) A female assistant who passes an examination in typewriting at 40 words per minute as approved by the Commissioner shall be paid an allowance of $40 (£20) per annum.

(e) A female telephonist who passes a Tele- phonists' Efficiency Examination as approved by the Commissioner shall be paid an allowance of $40 (£20) per annum.

13.—Female Officers:—Drafting Assistants. (a) The rates of pay for female drafting

assistants shall be as follows:— Percentage (to be

Calculated to Age or Year of Adult Service Nearest ($) (£) ) of Basic Rate or

Margin Over Basic Bate.

16 years of age 82% 17 years of age 924% 18 years of age $74 (£37) 19 years of age $220 (£110) 20 years of age $364 (£182) 21 years of age or first year of

adult service $558 (£279) 22 years of age or second year

of adult service $704 (£352) 23 years of age or third year

of adult service $750 (£375) 24 years of age or fourth year

of adult service $820 (£410) 25 years of age or fifth year

of adult service $870 (£435) 26 years of age or sixth year

of adult service $936 (£468) 27 years of age or seventh year

of adult service $1,038 (£519) 28 years of age or eighth year

of adult service $1,098 (£549) (41—31224

Provided that an officer shall not proceed beyond a margin of $820 (£410) per annum unless she—

(i) has completed and passed an efficiency examination in the appropriate group of subjects of the Technical Education Division of the Education Department, herein listed:-—

Engineering Drafting— Elementary Drawing; Mechanical

Drawing I, Qualifying Mathematics D; or

Such other subjects of equivalent standard as may be approved by the Public Service Commissioner.

Architectural Drafting-— Freehand Drawing, Building Construc-

tion I, Qualifying Mathematics D. Cartographic Drafting-—

Plan Drawing I, Cartographic Repro- duction of Maps and Plans I, Qualifying Mathematics D; or

(ii) has completed six years of continuous service as a Drafting Assistant after attaining the age of 21 years.

(b) Subject to a satisfactory report from the Permanent Head concerning the officer's conduct, diligence and efficiency, an officer who completes and passes the prescribed efficiency examination before reaching a salary margin of $870 (£435) per annum, shall be paid an allowance of $60 (£30) per annum, provided that such allowance shall convert to salary and cease when a salary margin of $870 (£435) per annum is reached.

(c) An officer who is over the age of 21 years on appointment may be appointed at a minimum rate of pay based on years of service and not on age.

(d) An officer who has completed not less than 20 years of continuous permanent service shall be paid an allowance of $80 (£40) per annum, provided the Permanent Head certifies as to the good conduct, diligence and efficiency of the officer.

14.—Annual Increments. Subject to the receipt by the Commissioner of a

report from the Permanent Head regarding good conduct, diligence and efficiency an officer shall proceed from the minimum to the maximum of his classification by annual increments according to the grades of such classification.

15.—Maintenance of Rights of Appeal. Notwithstanding anything to the contrary herein

contained or implied, the rights of officers in respect of all appeals under the Public Service Appeal Board Act, 1920-1950, shall be preserved and maintained, subject to any legal rights which the Com- missioner or any other respondent may have in relation thereto.

16.—Temporary Employees. A person employed in a temporary capacity in

the General Division under the provisions of section 31 of the Public Service Act, 1904-63, shall be paid at a daily or weekly rate of pay equivalent to the annual rate that would be payable under the provisions of this Agreement to a permanent officer engaged on duties of a similar nature and equal responsibility.

17.—Term of Agreement. This Agreement which, insofar as it relates to

officers employed in the General Division, replaces and supersedes the Agreements referred to in Clause 1, shall operate as from and including the

16 years of age 17 years of age 18 years of age 19 years of age 20 years of


seventh day of January, 1966, and shall remain in force for a period expiring on the 30th day of June, 1969, provided that either of the parties may after the seventh day of January, 1967 (or earlier in the case of Clause 10 (d) ), negotiate with the other party to amend or add to this Agreement or approach the Commission for an amendment to this Agreement.

In witness whereof the parties hereto have hereunto set their hands and seals the day and year first before written. Signed by the Public Service

Commissioner of Western Australia in the presence of—

J. B. Crooks. R. H. DOIG.

The Common Seal of the Civil Service Association of West- ern Australia (Incorpor- ated) was hereunto affixed in the presence of—

J. R. FLETCHER, Trustee.

B. E. CORBOY, [L.S.l Trustee.

B. J. COLLIER, General Secretary.

This agreement made in pursuance of the provisions of Part X of the Industrial Arbitration Act, 1912-1963, was deposited with me on the twenty- fourth day of October, 1966.

R. R. ELLIS, Assistant Industrial Registrar.

Schedule A. MALE OFFICERS—CLASSES AND GRADES.

Margin over Basic Rate. Class. Minimum. Intermediate. Maximum.

$£$£$£ 1 1,302 (651) — — 1,432 (716) 2 1,562 (781) — — 1,692 (846) 3 1,832 (916) — — 1,972 (986) 4 2,112 (1,056) — — 2,252 (1,126) 5 2,402 (1,201) — — 2,552 (1,276) 6 2,702 (1,351) — — 2,852 (1,426) 7 3,002 (1,501) 3,152 (1,576) 3,302 (1,651) 8 3,462 (1,731) — — 3,622 (1,811) 9 3,792 (1,896) — — 3,962 (1,981)

10 4,132 (2,066) — — 4,302 (2,151) 11 4,472 (2,236) — — 4,642 (2,321)

Schedule B. FEMALE OFFICERS- CLASSES AND GRADES.

Margin over Basic Rate. Class. Minimum. Intermediate. Maximum.

$ £ $ £ $ £ 1 1,038 (519) .—. — 1,098 (549) 2 1,290 (595) — — 1,282 (641) 3 1,414 (707) — — 1,546 (773) 4 1,678 (839) — —. 1,810 (905) 5 1,942 (971) — .—. 2,082 (1,041) 6 2,222 (1,111) — — 2,362 (1,181) 7 2,502 (1,251) 2,642 (1,321) 2,782 (1,391) 8 2,922 (1,461) — — 3,062 (1,531) 9 3,202 (1,601) —- — 3,342 (1,671)

10 3,482 (1,741) — — 3,622 (1,811) 11 3,762 (1,881) — — 3,902 (1,951)

STATE PUBLIC SERVICE. Public Service (Professional Division) Salaries

Agreement, 1966. P.S.C. No. 4 of 1966.

THIS Agreement, made pursuant to the provisions of Part X of the Industrial Arbitration Act, 1912-63, of Western Australia, this 21st day of October, 1966, between the Civil Service Associa- tion of Western Australia (Incorporated) (hereinafter referred to as the Association) of the one part, and the Public Service Commissioner of Western Australia (hereinafter referred to as the Commissioner) of the other part, witnesseth as follows:—

1.—Title. The parties having by negotiation revised, altered

and amended the Agreement (P.S.C. No. 1 of 1963) dated the 26th day of March, 1963, as amended by P.S.C. No. 2 of 1963, P.S.C. No. 1 of 1965 and P.S.C. No. 1 of 1966, insofar as it relates to officers employed in the Professional Division, hereby agree that this Agreement, to be known as the "Public Service (Professional Division) Salaries Agree- ment, 1966" (P.S.C. No. 4 of 1966), shall, insofar as it relates to officers employed in the Professional Division and subject to clause 14 hereof, supersede and replace the said Agreement (P.S.C. No. 1 of 1963).

2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Salary Rates—Interpretation. 5. Male Officers—Classes and Grades. 6. Draftsmen and Examiners—Males. 7. Assay ers—Males. 8. Medical Laboratory Technologists—Males. 9. Male Officers—Career Ranges.

10. Female Officers—Classes and Grades. 11. Fundamental Basis. 12. Annual Increments. 13. Maintenance of Rights of Appeal. 14. Temporary Employees. 15. Term of Agreement.

Schedule A: Male Officers—Classes and Grades.

Schedule B: Female Officers—Classes and Grades.

3.—Area and Scope. This Agreement shall apply to all officers em-

ployed in the Professional Division under the provisions of the Public Service Act, 1904-63, whose maximum margins over the basic rate are less than $4,152 (£2,076) per annum: Provided that persons temporarily employed in the Professional Division shall be subject to the provisions of Clause 14 of this Agreement.

4.—Salary Rates—Interpretation. (a) In this Agreement the term "basic rate"

means in the case of:— (i) Male Officers—the result (to the nearest

$ (£) obtained by multiplying the male basic wage, as determined from time to time by the Industrial Commission of Western Australia, by fifty-two and one- sixth (52 l/6th);


(ii) Female Officers—seventy-five per cent (75%) to the nearest $ (£) of the male basic rate as determined in paragraph (i) of this subclause.

(b) The basic rates as determined in accordance with subclause (a) of this clause are as follows:—

7th January, 25th January, 1966. 1966.

Male Officers .... $1,669 (£834) $1,689 (£844) Female Officers $1,251 (£625) $1,267 (£633)

(c) If, during the currency of this Agreement, the Western Australian Industrial Commission should prescribe a basic wage differing in amount from that prescribed as at the 25th January, 1966, and as shown as an annual equivalent in paragraph (b) above, then the margins (or percentages in the case of officers not in receipt of margins) set out hereinafter in this Agreement shall be deemed to be decreased or increased as the case may be to the same extent that such basic wage (as expressed as an annual equivalent) is increased or decreased by the said Commission, so that, subject to the provisions of subclause (d) of this clause and clause 13 of this Agreement, the total rates of pay prescribed by this Agreement shall remain constant.

(d) The total rates of pay prescribed by this Agreement are based upon the Federal Basic Wage for Perth expressed as an annual equivalent of $1,607 (£803) (male officers). If during the currency of this Agreement the Commonwealth Con- ciliation and Arbitration Commission should prescribe a basic wage for Perth differing in amount from that prescribed and shown as an annual equivalent in this subclause, then the total rates of pay prescribed by this Agreement shall be increased or decreased as the case may be to the same extent (or proportion thereof in the ease of officers not in receipt of margins) that the Federal Basic Wage for Perth, as expressed as an annual equivalent, is increased or decreased.

Provided that the total rates of pay prescribed by this Agreement shall not be increased in accordance with the provisions of this subclause until such time as the Federal Male Basic Wage for Perth as expressed as an annual equivalent, exceeds $1,626 (£813) per annum, whereupon the total rates of pay shall be increased by the amount (or proportion thereof in the case of officers not in receipt of margins) by which such basic wage, expressed as an annual equivalent, exceeds $1,627 (£813).

5.—Male Officers—Classes and Grades. (a) The classes and grades applicable to male

officers in the Professional Division shall be as indicated in Schedule A to this Agreement.


$1,288 (£644)-$1,404 (£702)-$1,520 (£760)- $1,636 (£818)-$1,762 (£881)-$1,888 (£944)- $2,014 (£1,007)-$2,140 (£l,070)-$2,270 (£1,135)- $2,400 (£1,200)-$2,530 (£1,265)-$2,660 (£1,330)- $2,790 (£1,395)-$2,920 (£1,460)-$3,050 (£1,525)- $3,180 (£1,590)-$3,310 (£1,655)-$3,450 (£1,725)- $3,590 (£l,795)-$3,730 (£l,865)-$3,870 (£1,935)- $4,010 (£2,005)-$4,150 (£2,075).

(c) In making a classification under this clause the Commissioner may amalgamate any two or more classes.

6.—Male Officers—Draftsmen and Examiners. (a) The normal commencing, incremental and

terminal salary rates, expressed in margins over the basic rate for male draftsmen and examiners in the career range shall be as follows:—

$1,288 (£644)-$1,404 (£702)-$1,520 (£760)- $1,762 (£881)-$1,888 (£944)-$2,014 (£1,007)- $2,270 (£1,135)-$2,400 (£l,200)-$2,660 (£1,330).

(b) An officer who obtains a diploma of the Perth Technical College in cartography or electrical, mechanical or structural engineering, or an equal qualification approved by the Commissioner, shall commence at a margin of $1,404 (£702) per annum.

(c) An officer who passes the associate membership examination of the Institution of Engineers, Australia, or who obtains an equal qualification approved by the Commissioner, shall commence at a margin of $1,520 (£760) per annum.

(d) An officer not in possession of the qualification enumerated in sub-clauses (b) or (c) on appointment, but who subsequently secures the qualification, shall be paid the margin in the range prescribed by subclause (a) which the Commis- sioner deems appropriate to the officer's year of service in the career range.

7.—Male Officers—Assayers. (a) The normal commencing, incremental and

terminal salary rates, expressed as margins over the basic rate for male assayers in the career range shall be as follows:'—

$1,404 (£702)-$1,520 (£760)-$1,762 (£881)- $1,888 (£944)-$2,014 (£1,007)-$2,270 (£1,135)- $2,400 (£1,200).

(b) An officer who possesses the degree of Bachelor of Science of the University of Western Australia or an equal qualification approved by the Commissioner, shall commence at a margin of $1,520 (£760) per annum.

(c) An officer not in possession of the degree of Bachelor of Science on appointment, but who subsequently secures that qualification, shall be paid the margin in the range prescribed by subclause (a) which the Commissioner deems appropriate to the officer's year of service in the career range.

8.—Male Officers—Medical Laboratory Technologists.

The normal commencing, incremental and terminal salary rates for male medical laboratory technologists in the career range shall be as follows:—

$1,636 (£818)-$1,888 (£944)-$2,270 (£1,135)- $2,530 (£1,265)-$2,790 (£1,395)-$3,050 (£1,525)- $3,310 (£1,655).

9.—Male Officers—Career Ranges. The normal commencing, incremental and ter-

minal salary rates, expressed in margins over the basic rate, for male professional division officers in the undermentioned career ranges, shall be as follows:—

Profession and Marginal Range. Engineer:

Associateship — $l,762-$l,888-$2,270-$2,530- $3,050-$3,310.

Graduate — $l,888-$2,270-$2,530-$3,050-$3,310.

1240

Chemist, Research Officer: Degree — $l,636-$l,888-$2,270-$2,530-$2,790-

$3,050-13,310. Degree with Honours — $l,888-$2,270-$2,530-

$2,790-$3,050-$3,310.

Geologist: Degree — $1,636-$1,888-$2,270-$2,530-$2,790-

$3,050-$3,310. Degree with Honours — $l,888-$2,270-$2,530-

$2,790-$3,050-$3,310.

Town Planning Officer: Degree — $l,520-$l,762-$2,014-$2,270-$2,530-

$2,790-$3,050-$3,310. Degree with Honours — $l,762-$2,014-$2>270-

$2,530-$2,790-$3,050-$3,310.

Psychologist: Degree — $l,520-$l,762-$2,014-$2,270-$2,530-

$2,790-$3,050-$3,310. Degree with Honours — $l,762-$2,014-$2,270-

$2,530-$2,790-$3,050-$3>310.

Forest Officer — $1,888-$2,270-$2,530-$3,050- $3,310.

Architect — $l,888-$2,140-$2,400-$2,660-$2,920- $3,310.

Land Surveyor — $l,888-$2,140-$2,400-$2,660- $2,920-$3,310.

Agricultural Scientist — $l,888-$2,270-$2,530- $3,050-$3,310.

Veterinary Scientist — $2,140-$2,400-$2,660- $3,050-$3,310-$3,590.

Legal Officer — $2,270-$2,530-$2,790-$3,050- $3,310-$3,590.

10.—Female Officers—Classes and Grades.

(a) The classes and grades applicable to female officers in the Professional Division shall be as indicated in Schedule B to this Agreement.


$994 (£497) - $1,052 (£528) - $1,134 (£567) - $1,216 (£608) - $1,338 (£669) - $1,460 (£730) - $1,582 (£791) - $1,704 (£852) - $1,826 (£913) - $1,948 (£974) - $2,070 (£1,035) - $2,192 (£1,096) - $2,314 (£1,157) -$2,436 (£1,218) -$2,558 (£1,279) - $2,680 (£1,340) -$2,802 (£1,401) - $2,930 (£1,465) - $3,060 (£1,530) -$3,190 (£1,595) - $3,322 (£1,661) - $3,454 (£1,727) - $3,586 (£1,793).

(c) In making a classification under this clause the Commissioner may amalgamate any two or more classes.

(d) A female Professional Division officer who has obtained promotion to either Class 1, 2, 3 or 4 as set out in Schedule B to this Agreement, and who has completed not less than twenty (20) years of continuous permanent service, shall be paid an allowance of $60 (£30) per annum, provided the Permanent Head certifies as to the good conduct, diligence and efficiency of the officer, and provided further that an allowance under this subclause shall not apply to an officer classified in accordance with subclause (e) hereof.

(e) An adult female Professional Division officer who is paid in accordance with the rates prescribed in this clause, may apply to the Com- missioner to be paid the same margin as that prescribed for a male officer occupying an identical position, on the grounds that—

(i) she possesses the same academic qualifications as those required by a male officer occupying an identical position; and

(ii) the duties and responsibilities of the position which she occupies are identical with those of a male position;

and if the Commissioner is satisfied that she possesses the same academic qualifications as those required by a male officer occupying an Identical position, and that the duties and responsibilities of the position which she occupies are identical with those of a male position, she shall be paid the same margin as that prescribed for the male officer occupying the identical position.

11.—Fundamental Basis. The fundamental basis or principle upon which

the classes set out in Schedules A and B of this Agreement have been determined, either above or in relation to other classes, and the placement of officers within such classes, is in accordance with the nature of duties and responsibilities.

12.—Annual Increments. Subject to a report from the Permanent Head to

the Commissioner certifying as to satisfactory conduct, diligence and efficiency in the performance of professional duties, an officer shall proceed from the minimum to the maximum of his classification by annual increments according to the grades of such classification.

13.—Maintenance of Rights of Appeal. Notwithstanding anything to the contrary herein

contained or implied, the rights of officers in respect of all appeals under the Public Service Appeal Board Act, 1920-1950, shall be preserved and maintained, subject to any legal rights which the Commissioner or any other respondent may have in relation thereto.

14.—Temporary Employees. A person employed in a temporary capacity in the

Professional Division under the provisions of Section 31 of the Public Service Act, 1904-63, shall be paid at a daily or weekly rate of pay equivalent to the annual rate that would be payable under the provisions of this Agreement to a permanent officer engaged on duties of a similar nature and equal responsibility.

15.—Term of Agreement. This Agreement which, insofar as it relates to

officers employed in the Professional Division, replaces and supersedes the Agreements referred to in Clause 1, shall operate as from and including the seventh day of January, 1966, and shall remain in force for a period expiring on the 30th day of June, 1969, provided that either of the parties may after the seventh day of January, 1967 (or earlier in the case of Clause 10(e) ), negotiate with the other party to amend or add to this Agreement or approach the Commission for an amendment to this Agreement.

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In witness whereof the parties hereto have hereunto set their hands and seals the day and year first before written. Signed by the Public Service

Commissioner of Western Australia in the presence of—

J. B. Crooks. R, H. DOIG.

The Common Seal of the Civil Service Association of West- ern Australia (Incorporated) was hereunto affixed in the presence of—

J. R. FLETCHER, [L.S.] Trustee.

B. E. CORBOY, Trustee.

B. J. COLLIER, General Secretary.

This agreement made in pursuance of the provisions of Part X of the Industrial Arbitration Act, 1912-1963, was deposited with me on the twenty- fourth day of October, 1966.

R. R. ELLIS, Assistant Industrial Registrar.

Schedule A. MALE OFFICERS—CLASSES AND GRADES.

Margin Over Basic Rate. Class. Minimum. Intermediate. Maximum.

$ £ $ £ $ £ 1. 1,288 (644) — — 1,404 (702) 2. 1,520 (760) — — 1,636 (818) 3. 1,762 (881) — — 1,888 (944) 4. 2,014 (1,007) — — 2,140 (1,070) 5. 2,270 (1,135) — — 2,400 (1,200) 6. 2,530 (1,265) — — 2,660 (1,330) 7. 2,790 (1,395) 2,920 (1,460) 3,050 (1,525) 8. 3,180 (1,590) — — 3,310 (1,655) 9. 3,450 (1,725) — — 3,590 (1,795)

10. 3,730 (1,865) — — 3,870 (1,935) 11. 4,010 (2,005) — — 4,150 (2,075)

COAAPLA1NTS- Before Industrial Magistrate-

Perth— Complaint No. 362 of 1966.

Between the Operative Painters and Decorators' Union of Australia, West Australian Branch, Industrial Union of Workers, Complainant, and Riley Dodds Aust. Ltd., Defendant.

Charge: Breach of Award No. 24 of 1958. On 10th August, 1966, at Muja, failed on request by a duly accredited representative of the union during working hours to produce a time and wages record in reference to painters.

Mr. T. G. Butler for Complainant. Mr. R. W. Cannon of Counsel for Defendant. Before T. Ansell, Esq., Industrial Magistrate.

The 10th day of November, 1966. Reserved, Decision.

THE complaint made by the Operative Painters and Decorators' Union of Australia, West Austra- lian Branch, alleges that the defendant company on the 10th day of August, 1966, at Muja, failed to produce a time and wages record when requested to do so by an accredited representative of the union contrary to the provisions of clause 31 of Award No. 24 of 1958.

The only issue is whether or not the complainant has proven in evidence that the defendant company was bound by the award.

Witness Butler, an accredited representative of the union, went to Muja where he saw three men applying paint using brush or spray on coal bunkers which the defendant company was erect- ing.

Butler gave evidence that Gardiner and Perrott had painted structural steel buildings in course of erection, but I have not been able to find this company named as a party to the award. But Triplett and Son, a named respondent to the award, was cited by Butler as employing painters to apply paint on steel construction.

The evidence satisfies me that the employer is bound by Award No. 24 of 1958 in respect of the painting of coal bunkers at Muja, and was obliged to produce for inspection the time and wages record. The company failed to do this.

The charge is proved. (Appeal No. 15 of 1996 filed.)

Schedule B. FEMALE OFFICERS—CLASSES AND GRADES.

Margin Over Basic Rate. Class. Minimum Intermediate. Maximum.

$ £ $ £ $ £ 1. 994 (497) — — 1,052 (526) 2. 1,134 (567) — — 1,216 (608) 3. 1,338 (669) — — 1,460 (730) 4. 1,582 (791) — — 1,704 (852) 5. 1,826 (913) — — 1,948 (974) 6. 2,070 (1,035) — — 2,192 (1,096) 7. 2,314 (1,157) 2,436 (1,218) 2,558 (1,279) 8. 2,680 (1,340) — — 2,802 (1,401) 9. 2,930 (1,465) — — 3,060 (1,530)

10. 3,190 (1,595) — — 3,322 (1,661) 11. 3,454 (1,727) — — 3,586 (1,793)

Complaint No. 395 of 1966. Between West Australian Amalgamated Society of

Railway Employees Union of Workers, Com- plainant, and Western Australian Government Railways Commission, Defendant.

Charge: Breach of Award No. 3 of 1961. On 24th May, 1966, at Midland, failed to observe the provisions of Clause 36, Guaranteed Week, by refusing to employ moulders assistant Lloyd Hordacre.

Mr S. J. Harbord for Complainant. Mr J. Lund for Defendant. Before T. Ansell, Esq., Industrial Magistrate.

The 10th day of November, 1966. Reserved Decision.

MOULDERS assistant Hordacre employed by defendant Commission on the 23rd May, 1966, de- clined to work overtime that evening after a request made by the works manager. The works


manager suspended Hordacre from duty when he returned to work on 24th May. He attended for work on 25th May and worked.

The provisions of Award No. 3 of 1961 provides—

Clause 36.—Guaranteed Week. (1) The employer shall guarantee to each

worker other than a casual a full week's work exclusive of Sunday time. If by any action on the part of any section of his workers or for any cause beyond his control the employer finds himself unable to carry on either wholly or partially the complete running of trains, services, workshops or other normal operations liberty is hereby reserved to apply to the Commission for a temporary alteration of this clause. Each week shall stand by itself.

The complainant's submission is outlined in a letter of 31st May, 1966, as follows:—

(4) It is therefore contended— (a) The Assistant Works Manager exer-

cised an authority he did not possess when he suspended Mr Hordacre from performing his duties on 24/5/66.

(b) The officer acting on behalf of the Chief Mechanical Engineer, when denying Mr Hordacre payment for a suspension for which there was no authority, offends against Mr Hord- acre's right to earn 8 hours wages on 24/5/66.

(c) The errors mentioned in (a) and (b) above should be corrected by Mr Hordacre being paid for the hours he should have been allowed to work on 24/5/66.

Clause 36 of Award No. 3 of 1961 reads— Guaranteed Week.

(1) The employer shall guarantee to each worker other than a casual a full week's work exclusive of Sunday time. If by any action on the part of any section of his workers or for any cause beyond his control the employer finds himself unable to carry on either wholly or partially the complete running of trains, services, workshops or other normal operations liberty is hereby reserved to apply to the Com- mission for a temporary alteration of this clause. Each week shall stand by itself.

(2) The guaranteed period may also be reduced as follows:—

(a) in respect of any worker under suspension, provided that any worker suspended on a charge which is not sustained shall be entitled to the benefit of the guarantee during the period of his suspension.

The facts are not in dispute. During lunch hour a meeting was held by some employees in regard to overtime working.

The worker Hordacre knew that the feeling of the meeting was for cessation of overtime being worked in the foundry.

He was asked to work overtime, which he had previously worked. He refused.

The Acting Works Manager pointed out that other employees who had intended to refuse reasonable overtime had, on learning that the union was not prepared to back the action, proposed to and did accept overtime for that evening.

Hordacre was given time to think whether he would or would not work reasonable overtime. He refused.

There is provision in the award, clause 40, for convening Boards of Reference but the failure of one worker who refuses to work reasonable overtime does not of itself call for the use of this power.

The Railways Commission saw this as a failure on the part of Hordacre to obey a reasonable request to work overtime and for this refusal he was suspended from duty for one day and his wages were not paid for that day, 24th May, 1966.

The way was open for the worker Hordacre to appeal against the decision of the Commission and if the charge of disobedience of lawful order was not sustained he would have been entitled to the benefit of the guarantee during the period of suspension.

Hordacre did not appeal to the Railway Appeal Board and the decision of the Railways Commis- sion that he be suspended from duty stood. He was not entitled to the benefit of the clause 36—Guaranteed Week.

The Union's complaint is dismissed.

COMPULSORY CONFERENCES-

AUSTKALIAN WORKERS' UNION, WESTRALIAN BRANCH, INDUSTRIAL UNION OF WORKERS AND HARBOUR AND LIGHTS DEPARTMENT.

No. 376 of 1966. ON Thursday, 27th October, 1966, a compulsory conference was convened at Port Hedland before Mr Commissioner J. R. Flanagan.

The conference was requested by the union in regard to a dispute at Port Hedland concerning the strength of loading gangs employed on the wharf to load manganese for shipment overseas.

Messrs. E. Taylor, N. Nolan and W. Jones represented the union; Messrs. W. Brown and A. Fuller represented the Department. Also in attendance were Captain G. Monks, Harbour Master, and Mr L. Olsen, Port Hedland Wharfinger.

The Commission was informed by Mr Taylor that he had been advised by letter from the Sec- retary for Labour stating that the Department wished to reduce the size of gangs from twelve to eight men employed loading manganese.

It was considered by the union that this reduction was unreasonable for reasons of safety and efficiency.

On behalf of the Department, Mr Brown stated that for economic reasons it was desirable that the loading gangs be reduced to eight men. Under the award the employers had the right to reduce the number of men engaged.

Supporting these remarks, Mr Puller, of the Harbour and Lights Department, assured the union delegates that due to progress of the town and the installation of a new wharf at Port Hedland, no retrenchment of personnel was envisaged. He also proposed that nine men gangs be given a trial.


Mr Nolan emphasized to the Commissioner the necessity of safe working conditions especially at night. He agreed that the present gang strength was top heavy and suggested that the gangs be reduced to ten men.

Having discussed the proposal of a nine men gang, and the counter proposal of a ten men gang, the Commissioner adjourned the conference in order to observe the loading of manganese in the vessel "Daisai Maru" at night.

On reconvening the conference, having observed night loading and making special note of the safety requirements, the Commissioner made a recommendation to the parties that the strength of the gangs should be ten men. This recommendation was accepted by the parties.

ELECTRICAL TRADES UNION OF WORKERS OF AUSTRALIA (WESTERN AUSTRALIAN BRANCH), AND GOLDSWORTHY MINING PTY LTD.

No. 408 of 1966. ON the 31st October, 1966, a compulsory conference was held before Mr Commissioner E. R. Kelly at the W.A. Industrial Commission, 638 Murray Street, Perth. The conference was convened at the request of the union in regard to a dispute concerning the payment of a dust allowance to employees of Goldsworthy Mining Pty Ltd, at Port Hedland.

HOSPITAL SALARIED OFFICERS ASSOCIATION OF WESTERN AUSTRALIA (UNION OF WORKERS) AND ROYAL PERTH HOSPITAL AND OTHERS.

No. 377 of 1966. ON Tuesday, 25th October, 1966, before Mr Com- missioner J. R. Flanagan, a compulsory conference was held between the representatives of the Hos- pital Salaried Officers Association and the Royal Perth, Princess Margaret, King Edward Memorial and Fremantle Hospitals, respondents to the Hos- pital Salaried Officers' Award No. 36 of 1960.

Mr Kildea for the applicant union claimed that the hospitals had failed to comply with a request to implement the provisions of clause 5 of the award, in that the rates of pay prescribed for Laboratory Technologists employed in the Hospital Service had not been adjusted to the same extent as those payable to Technologists employed in Public Health Laboratories. It was also claimed that the employers were reluctant to negotiate and their failure to give a firm indication of their intentions was not conducive to good industrial relations.

On behalf of the respective Hospital Boards Mr Hitchen stated that the employers were satisfied the terms of the award were being complied with, and since they were not legally bound to make the suggested wage adjustments any action on other grounds must receive careful consideration. Hospi- tal authorities had conferred on a number of occasions in an endeavour to reach a joint solu- tion.

The Commissioner expressed the view that prima facie there appeared to be a moral obligation on the part of the respondents to maintain parity

1243

with the Public Service rates notwithstanding that there may be good grounds legally to justify their contention.

He recommended that the employers as a group inform the union at an early date the course of action they intend to adopt, and that the union await this advice, seek an interpretation or in- stitute enforcement proceedings.

BOARDS OF REFERENCE-

Decisions of—

GRAIN HANDLING (North Fremantle.)

Award No. 6 of 1964. (Re Claim by Weekly Hands for Payment of

Additional Rate when Handling Excessively Dusty Grain at Various Points of North Fre- mantle Terminal.)

In the matter of the Grain Handling (North Fre- mantle) Award No. 6 of 1964 and in the matter of a Board of Reference Thereunder.

Before Mr Commissioner J. R. Flanagan, Chair- man; Mr L. K. Larner, Workers' Representa- tive; and Mr G. H. Jones, Employer's Representative.

Decision 1. This is an application by the Australian

Workers' Union for the payment of fifteen cents per hour to weekly hands as an additional rate for handling excessively dusty grain at the following operating points of the North Fremantle bulk grain terminal:—

(1) Shell depot; (2) Transfer from Shell depot to; (3) Transfer to Shell depot; (4) Conveyor 24.

The application also included a claim for the additional rate to be paid for the work of general cleaning up inside the new silo and cleaning of plant.

2. Under clause 11 of the award the Board is empowered to determine "any dispute arising from a claim for an additional rate for handling excessively dusty grain".

Although these terms suggest that any dispute to be determined should relate to those arising from the handling of excessively dusty grain it was not sought to so confine this dispute, it being indicated on behalf of the employer that it was prepared to consider whether or not the extent of dust in a particular area or at a particular point was excessive.

3. Inspections were made on two occasions by the Board of those areas specified in the application for which it is claimed an additional rate is warranted.

4. Mr. Barry, for the applicant union, submitted that an anomalous situation exists in that casual workers are entitled by an award provision to an allowance of ten cents per hour when working in areas which are the subject of the claim but in respect of which no allowance is payable to weekly hands. Reference was made to an unsuccessful claim in 1950 to a Board of Reference for the


payment of dust allowances in certain areas including a claim for three shillings per hour for "men on screws in Annexe." These workers at the time were being paid one shilling per hour and it was argued that it would not be now unreasonable for a disability rate to be fixed at the rate claimed, namely fifteen cents per hour.

5. Mr. Dennis, for the employer, submitted that the rates payable to weekly and casual hands had been fixed at different levels for good reason. Where a change of status was effected, that is from a casual hand to a weekly hand, it was not, he said, a ground to support a variation to the principles on which a dust allowance is paid. He submitted that the simple test to be applied is whether or not the amount of dust experienced is excessive.

6. Prom a consideration of the respective submissions and the conditions as observed on inspections, the Board by majority decision, Mr. Larner dissenting, dismisses the claim.

Dated at Perth this 31st day of October, 1966. (Sgd.) J. R. FLANAGAN,

Chairman.

RAILWAY EMPLOYEES. Award No. 3 of 1961.

(Application for Payment "Dirty Work" Allowance by Car and Wagon Builders Engaged on Re- pair and Maintenance to R.C.W. Wagons.)

In the matter of the Railway Employees' Award No. 3 of 1961, as amended, and in the matter of a Board of Reference thereunder.

Before Mr. Commissioner J. R. Flanagan, Chair- man; Mr. J. W. Adkins, Workers' Representa- tive; and Mr. J. L. T. Ripp, Employer's Repre- sentative.

Decision. 1. This is an application by the W.A. Amalga-

mated Society of Railway Employees for the payment of the "dirty work" allowance prescribed in Clause 31-—Special Rates and Provisions, to car and wagon builders engaged on repair work and maintenance to R.C.W. wagons.

2. R.C.W. wagons are of a type which are used exclusively for the transport of bulk grain and are periodically returned to the Midland workshops for traction servicing and maintenance which may include modification to striker plates, repairs to door seals, renewal of tie rods, replacement of damaged roof sticks and repairs to tarpaulins.

3. Mr Harbord, for the union, submitted that the work on which the men concerned in this application were engaged, could be described in the terms for which an allowance is paid, namely "unusually dirty or offensive". It was claimed that this was particularly evident with the work of removing battens by which canvas seals were attached. Removing battens released a certain amount of accumulated grain dust and it was said that the workers could not avoid being showered with this dust whilst working inside the wagons. It was also submitted that an obnoxious aspect of the work was created by the irritation caused by bodily contact with this type of dust.

4. Mr Lund in opposing the claim for payment of an allowance for all work performed on R.C.W. wagons, indicated that it appeared from the inspection made by the Board that the dust nuisance

was confined to the work on the door seals and if any payment is to be made, it should be so restricted.

He pointed out that to suit the convenience of the workers in minimising the dust nuisance it was permissible for tarpaulins covering the wagons to be removed.

5. On considering the foregoing and being satisfied from the inspection made that the conditions experienced by workers when engaged on the removal of battens and canvas seals from R.C.W. wagons warrant the payment of the dirty work allowance, the Board determined by majority decision, Mr Adkins dissenting, that the payment of such allowance be based on a working time factor of ten minutes per door seal with a minimum payment for one hour.

Dated at Perth this 24th day of October, 1966. (Sgd.) J. R. FLANAGAN,

Chairman.

SHIP PAINTERS AND DOCKERS. Award No. 29 of 1960.

(Re Claim for Payment Additional Rate to Workers performing work cleaning holds of vessel "Illowra" after a Cargo of Coal.)

IN the matter of the Ship Painters and Dockers' Award No. 29 of 1960, and in the matter of a Board of Reference thereunder. Before Messrs. R. Bowyer, Chairman; J. C. N.

Grainger, Workers Representative; and Cap- tain D. Ewan, Employers Representative.

Decision. 1. The claim herein relates to members of the

Federated Ship Painters and Dockers Union performing work cleaning the holds of the vessel "Illowra" after a cargo of coal. The employer is Petterson & Co. Pty. Ltd.

2. The original claim contemplated its consideration under clause 10 (a) (iii) on the proposition that the Board should determine that coal cargoes should be brought within the provisions of that paragraph and consequently attract an extra rate of eighteen cents per hour. An alternative claim was made under the first part of Clause 11 for the payment of an extra rate of eighteen cents per hour on the basis of the work being "unusually obnoxious or of an objectionable nature." No offer was made by the employer.

(3) The Board chose to consider the matter under the alternative claim and proceeded to inspect the work and discuss the disabilities with workers concerned.

4. There appeared to be some dust material of a whitish colour mixed with the residue of coal being removed and dust was being raised. How- ever there were some situations where workers were not subjected to conditions unusual for this type of worker.

5. Taking into consideration all the conditions of work the Board concluded that some payment was warranted but decided unanimously that the amount claimed was in excess of what should be allowed.

6. By a majority decision, however, Mr Grainger dissenting, the Board awards an extra payment for the work of five cents per hour.

Dated at Fremantle the 17th day of November, 1966.

R. BOWYER, Chairman.


UNIONS-

Change of Name— MUNICIPAL COUNCILS, SHIRES AND LOCAL

GOVERNMENT EMPLOYEES UNION. BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION

No. 384 of 1966. In the matter of the Industrial Arbitration Act,

1912-1963, and in the matter of an application by the Municipal Councils, Road Boards and Local Government Employees' Association of Workers, Western Australia for consent to change its name.

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 above Act and the regulations made thereunder have been complied with, the Commission in Court Session doth hereby consent to a change of the name of the applicant association to "Muni- cipal Councils, Shires and Local Government Employees' Association of Workers, Western Australia".

Dated at Perth this 11th day of November, 1966. By the Commission in Court Session,

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

Disputed Elections— CARPENTERS AND JOINERS' UNION.

APPLICATIONS FOR INQUIRIES RESPECTING ELECTIONS

No. 14 of 1966. In the matter of the Industrial Arbitration Act

1912-1963, section 36A, and in the matter of an inquiry into an Election for Office in the Western Australian Amalgamated Society of Carpenters and Joiners' Industrial Union of Workers.

Decision. 1. An application was made herein by Herbert

Foss Tonkin of 15 Hopetoun Terrace, Shenton Park, a member of the above mentioned Union for an inquiry into a recently conducted election for the office of State President thereof. The candi- dates for the said office were the applicant and one Raymond Walter Clohessy.

2. The ballot resulted in Clohessy being elected as State President of the Union.

3. The applicant claims that there has been an irregularity in connection with the election in-as- much-as that there has been a breach of the Regis- tered Rules of the Union in that Clohessy was not entitled to nominate for the said office as he was not at the time of nomination eligible to be a member of the Union. The Rules provide that only financial members may nominate for office.

4. In accordance with prescribed procedures the applicant has set out the facts relied upon in support of the application.

5. The first point set out does not go to the support of the irregularity relied upon but in any case must be rejected because of the provisions of

1245

rules 32 and 35. Shortly these Rules provide that the State Conference shall meet at least once in every year at a date not later than one month after the date of the declaration of the result of the ballot at the election of State officers held that year and that the State President shall hold office from the conclusion of the Annual Conference to the conclusion of the fourth Annual Conference following his election. The applicant who was elected as State President as a result of the ballot immediately before the 1963 Annual Conference then would serve until after the conclusion of the 1966 Conference when he would either commence another term or be replaced as a result of an election held immediately before that Conference. In this respect then there would be the 1963 Confer- ence held immediately after that years election, the 1964 and 1965 Conferences and the fourth of such Conferences namely that held in 1966 after which the newly elected officer would assume office. This contemplates an election for State President occur- ring every three years and a vacancy consequently occurred this year. This has always been the practice followed.

6. The applicant in the following paragraphs claims that Clohessy upon his appointment as a member of the Workers Compensation Board became ineligible for membership of the said Union. This claim contemplates that Clohessy was from then on not within the definition of "worker" as defined in the Industrial Arbitration Act for the reason that he became a "Government Officer" and was so excluded from the definition of "worker".

Assuming that Clohessy was prior to such appointment properly enrolled as a member of the union (it appears that he was admitted to membership on the 24th November, 1961, in the manner as will be later set out and discussed) he would in my opinion be taken out of the definition of "Government Officer" as set out in section 143 of the Act because of the provisions of paragraph (iv) of the exclusions in the provisions of that definition because of his Union membership as at the date of the coming into operation of the Industrial Arbitration Act Amendment Act 1961. This Act was assented to on the 28th November, 1961.

7. It would appear then that if Clohessy's ad- mittance as a member of the Union of the 24th November, 1961, was valid he was still on his appointment as a member of the Workers' Com- pensation Board within the definition of a "Worker" as required by the rules of the union as an element of eligibility for membership. There may be doubt as to whether in any case Clohessy would come within the general definition of "Government Officer" despite the fact that he also became a member of the Civil Service Association but in view of the exclusion referred to it is not necessary to come to a conclusion therein.

8. On page 2 of the facts relied upon there are further matters referred to which indicate that k?-.e. applicant goes beyond the proposition that eligibility ceased only on apopintment to the Workers' Compensation Board and infers that Clohessy was not even at the time of admission to membership eligible to be so admitted.

9. This attitude was confirmed on interview with the applicant in that he claimed that his intention was always that he challenged the right of Clohessy ever to have been admitted as a member. His belief in this respect is somewhat sup- ported by his reference on page 2 to the occupation of carpenter and joiner and an apprenticeship in that trade and I am prepared to further consider the matter in this larger area.

1246

10. For this purpose it is relevant to set out herein the current Constitution Rule of the Union, the Constitution Rule as existing at the time of Clohessy's admission and also the relevant part of Rule 8 of the Union Rules the provisions of which have been consistent over the period involved.

Rule 5—Membership (Current). The Branch shall consist of an unlimited num-

ber of persons whether male or female, employed, or usually employed, or qualified and desirous to be employed, in the State of Western Australia, as carpenters and/or joiners (including ship carpenters and joiners, carpenters employed on jetties, wharves, dams and bridges or as foremen and sub- foremen) or apprentices or trainees to or in any of the foregoing trades, together with such other persons as have been elected officers of the Branch and who have been admitted to membership thereof. But no person shall be a member of the Branch except in the capacity of an honorary member who is not a worker under the meaning of the Act.

RULE 5—Membership as at 24th November, 1961.

The union shall consist of an unlimited number of workers, foremen and sub-foremen employed as carpenters and/or joiners, ships' carpenters and joiners (including carpenters employed on jetties, wharves, dams and bridges), apprentices and trainees to or in the trade of carpenters and joiners and persons engaged in the instruction of such apprentices and trainees within the State of Western Australia, and also any person not coming under any of the categories aforesaid who holds any State office in the union whether by election or appointment and also any person who as an endorsed Australian Labor Party candidate _ is elected as a member of the State or Federal Parlia- ment or who is elected to fill a full time office in any organisation affiliated with the Australian Labor Party and who in either case was a member of the Union at the date of his election, but no person shall be a member of the Union except in the capacity of an Honorary Member who is not a worker within the meaning of the Act.

Rule 8 (under general heading of "Admission to Membership").

No person shall be eligible for membership unless he is a person of good repute and character and has prior to his application served an apprenticeship as a carpenter and joiner in West- ern Australia or elsewhere and has passed all prescribed examinations in connection with such apprenticeship provided however—

(a) a person who has not or is unable to satis- fy the S.M.C. that he has served such apprenticeship and passed such examinations may become eligible for membership if he proves to the satisfaction of the S.M.C. or the State Conference that at or prior to his application for membership his major and substantial employment was that of a carpenter and joiner;

(b) a person who is a vocational or rehabilita- tion trainee shall be eligible for membership if before he makes application for membership he has signed an apprenticeship agreement as prescribed by the Commonwealth Reconstruction Trainee Scheme and shall be so eligible whilst serving under such agreement and complying with such conditions thereof;

(c) a person who is an apprentice carpenter and joiner shall be eligible for membership if and when his apprenticeship agreement is registered with the Court and shall be so eligible whilst serving under such agreement and complying with the conditions thereof.

11. The history of Clohessy's connection with the union was found to be as follows:—

on the 24th June, 1960 he was elected to the office of Assistant Secretary, on the 11th August, 1961 he submitted an application for membership which was duly proposed and seconded and submitted to the State Management Committee on the 18th August, 1961. This Committee referred the application to the 1961 Annual State Con- ference which approved its acceptance subject to the obtaining of a legal opinion on his eligibility. A favourable opinion was received and Clohessy was effectively admitted as a member on the 24th November, 1961.

He relinquished the office of Assistant Secretary on the 20th April, 1964, upon which date he was appointed to the Workers' Compensation Board.

He continued as a financial member of the union and at the next Annual State Conference was appointed a State Conference Delegate from which office he resigned on the 9th April, 1965 to take office as State Trustee which he currently holds.

12. Clohessy was never qualified within the provisions of Rule 8 an extract of which is quoted above.

13. At the date of his admission to membership there was a definite conflict between the provisions of the then existing Rule 5 and Rule 8 inas- much as Rule 5 at that time included the words "and also any person not coming under any of the categories aforesaid who holds any State office in the Union whether by election or appointment." Clohessy came within this provision and it seems clear that an intention of the union in amending the said rule to its then wording was to allow his admission to membership.

14. In my opinion the provisions of Rule 5 as they then were would have been properly regarded as paramount to the provisions of Rule 8 and I would conclude that Clohessy's admission to membership was valid.

15. It would appear that pursuant to his eligibility to membership at that stage he was eligible to continue his membership under the now existing Rule 5 and that he is not disqualified from such continuance by the provisions of Rule 8. It seems that Rule 5 was amended to its present wording to achieve consistency with the membership Rule of the Federal Union with which this Union is affiliated.

16. It is I think relevant to mention that the applicant has been president of the union since 1961 and that he has not previously officially challenged Clohessy's election to the other offices of the Union mentioned. He was in the Chair at a meeting of the State Management Committee when pursuant to Rule 141 the Returning Officer submitted all nominations for the election concerned and the eligibility of each candidate to nominate was considered and the nominations accepted. He raised no objections at all to their acceptance.


17. In all the circumstances I would conclude that Clohessy was eligibile to to be and was a financial member of the Union when he nominated for office as State President and that this application must be dismissed.

Dated at Perth this 1st day of November, 1966. R, BOWYER,

Registrar.

APPRENTICES-

Apprenticeship Boards-

Notice of Change of Membership-

PASTRYCOOKING BOARD. NOTICE is hereby given that the Industrial Com- mission has approved of the following change in representation on the Pastrycooking Apprentice- ship Advisory Board appointed by Order dated the 3rd day of June, 1965:—

Mr. J. E. Skidmore to represent the Western Australian Pastrycooks and Confectioners Employees' Industrial Union of Workers Perth, in place of Mr. D. W. Fletcher.

R. BOWYER, Industrial Registrar.

SHEET METAL, METAL SPINNING AND FIRST CLASS WEI,DING BOARD.

NOTICE is hereby given that the Industrial Com- mission has approved of the following change in representation on the Sheet Metal, Metal Spin- ning and First Class Welding Apprenticeship Ad- visory Board appointed by Order dated the 9th day of March, 1966:—

Mr R. W. Bennetts to represent the West- ern Australian Plumbers' and Sheet Metal Workers Union in place of Mr. W. Willox.

R. BOWYER, Industrial Registrar.

Reduction of Terms of Registered

Apprenticeship Agreements—


No. 386 of 1966. In the matter of clause 45 of the Railway Em-

ployees' Award (Consolidated 1964), No. 3 of 1961, and in the matter of an apprenticeship agreement made the 24th day of January, 1962, and registered on the 15th day of June, 1962, between the Western Australian Government Railways (employer); Phillip Watts Bristow- Stagg (apprentice); and John Bristow-Stagg (parent); in the trade of Turning and Iron Machining.

HAVING read and considered the application herein made under clause 45 (5) (e) of the abovementioned award and having considered the recom-

mendation of the Western Australian Apprentice- ship Advisory Council in relation thereto and by consent of all the parties to the above agreement and the consent of the Australian Society of Engineers, and the Amalgamated Engineering Union, I, the undersigned Chief Industrial Com- missioner of The Western Australian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.

Dated at Perth this 26th day of October, 1966. [U.S.] (Sgd) S. F. SCHNAARS,

Commissioner.



ployees' Award (Consolidated 1964), No. 3 of 1961, and in the matter of an apprenticeship agreement made the 24th day of January, 1962, and registered on the 28th day of May, 1962, between the Western Australian Government Railways (employer); Frederick Skeggs (apprentice); and Frederick William Skeggs (parent); in the trade of Turning and Iron Machining.

HAVING read and considered the application herein made under clause 45 (5) (e) of the abovementioned award and having considered the recommendation of the Western Australian Apprentice- ship Advisory Council in relation thereto and by consent of all the parties to the above agreement and the consent of the Australian Society of Engineers, and the Amalgamated Engineering Union, I, the undersigned Chief Industrial Com- missioner of The Western Australian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.

Dated at Perth this 26th day of October, 1966. (Sgd) S. F. SCHNAARS,

Commissioner.



ployees' Award (Consolidated 1964), No. 3 of 1961, and in the matter of an apprenticeship agreement made the 12th day of February, 1962, and registered on the 18th day of July, 1962, between the Western Australian Government Railways (employer); Robert Kinkela (apprentice) ; and John Kinkela (parent); in the trade of Turning and Iron Machining.

HAVING read and considered the application herein made under clause 45 (5) (e) of the abovementioned award and having considered the recommendation of the Western Australian Apprentice- ship Advisory Council in relation thereto and by consent of all the parties to the above agreement

[L.S.]


and the consent of the Australian Society of Engineers, and the Amalgamated Engineering Union, I, the undersigned Chief Industrial Com- missioner of The Western Australian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.

Dated at Perth this 26th day of October, 1966. [L.S.] (Sgd) S. P. SCHNAARS,

Commissioner.

Society of Engineers, and the Amalgamated En- gineering Union, I, the undersigned Chief Indus- trial Commissioner of the Western Australian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.

Dated at Perth this 26th day of October, 1966. (Sgd) S. P. SCHNAARS,




ployees' Award (Consolidated 1964), No. 3 of 1961, and in the matter of an apprenticeship agreement made the 26th day of January, 1962, and registered on the 14th day of June, 1962, between the Western Australian Govern- ment Railway Commission (employer); John Bayly Demasson (apprentice); and Bayly Gor- don Demasson (parent); in the trade of Cop- persmithing.

HAVING read and considered the application herein made under clause 45 (5) (e) of the abovementioned award 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 agreement and the consent of the Australian Society of En- gineers, and the Amalgamated Engineering Union, I, the undersigned Chief Industrial Commissioner of the Western Australian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.





ployees' Award (Consolidated 1964), No. 3 of 1964, and in the matter of an apprenticeship agreement made the 24th day of January, 1962, and registered on the 15th day of May, 1962, between the Western Australian Govern- ment Railways (employer); Christopher Page (apprentice); and John Page (parent); in the trade of Turning and Iron Machining.

HAVING read and considered the application herein made under clause 45 (5) (e) of the abovementioned award and having considered the recommendation of the Western Australian Ap- prenticeship Advisory Council in relation thereto and by consent of all the parties to the above agreement and the consent of the Australian Society of Engineers, and the Amalgamated En- gineering Union, I, the undersigned Chief Indus- trial Commissioner of the Western Australian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeshiip shall be deemed to have been satisfactorily completed at the date of this order.





ployees' Award (Consolidated 1964), No. 3 of 1961, and in the matter of an apprenticeship agreement made the 26th day of January, 1962, and registered on the 19th day of June, 1962, between the Western Australian Govern- ment Railway Commission (employer); Kevin William Molloy (apprentice); and Olive Mar- garet Molloy (parent); in the trade of Cop- persmithing.

HAVING read and considered the application herein made under clause 45 (5) (e) of the abovementioned award and having considered the recommendation of the Western Australian Ap- prenticeship Advisory Council in relation thereto and by consent of all the parties to the above agreement and the consent of the Australian


No. 392 of 1966. In the matter of clause 45 of the Railway

Employees' Award (Consolidated 1964), No. 3 of 1961, and in the matter of an apprenticeship agreement made the 6th day of March, 1962, and registered on the 9th day of July, 1962, between the Western Australian Government Railways (employer); Sydney Graham Woods (apprentice); and Sydney Charles Woods (parent); in the trade of Mechanical Pitting.

HAVING read and considered the application herein made under clause 45 (5) (e) of the abovementioned award 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 agreement and the consent of the Australian Society of Engineers, and the Amalgamated Engineering


Union, I, the undersigned Chief Industrial Commis- sioner of the Western Australian Industrial Com- mission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.

Dated at Perth this 26th day of October, 1966. I L.S.] (Sgd) S. P. SCHNAARS,

Commisioner.

Commissioner of the Western Australian Indus- trial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve to a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.

Dated at Perth this 26th day of October, 1966. [L.S.] (Sgd) S. P. SCHNAARS,

Commissioner.



ployees' Award (Consolidated 1964) No. 3 of 1964, and in the matter of an apprenticeship agreement made the 24th day of January, 1962, and registered on the 18th day of June, 1962, between the Western Australian Govern- ment Railways (employer); Willem Hendricus Trushcel (apprentice); and Willem Hendricus Trushcel (parent); in the trade of Turning and Iron Machining.

HAVING read and considered the application herein made under clause 45 (5) (e) of the abovementioned award 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 agreement and the consent of the Australian Society of Engineers, and the Amalgamated Engineering Union, I, the undersigned Chief Industrial Com- missioner of the Western Australian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.

Dated at Perth this 26th day of October, 1966. [L.S.] (Sgd) S. F. SCHNAARS,

Commissioner.



ployees' Award (Consolidated 1964), No. 3 of 1961, and in the matter of an apprenticeship agreement made on the 15th day of January, 1962, and registered on the 23rd day of May, 1962, between the Western Australian Govern- ment Railways (employer); John Alexander McCamey (apprentice); and Alexander Geof- frey McCamey (parent); in the trade of Mechanical Mtting.

HAVING read and considered the application herein made under clause 45 (5) (e) of the abovementioned award and having considered the recommendation of the Western Australian Apprentice- ship Advisory Council in relation thereto and by consent of all the parties to the above agreement and the consent of the Australian Society of Engi- neers, and the Amalgamated Engineering Union, I, the undersigned Chief Industrial Commissioner of the Western Australian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.

Dated at Perth this 26th day of October, 1966. [L.S.] (Sgd) S. F. SCHNAARS,

Commissioner.


No. 394 Of 1966. In the matter of clause 45 of the Railway Em-

ployees' Award (Consolidated 1964), No. 3 of 1961, and in the matter of an apprenticeship agreement made the 18th day of January, 1962, and registered on the 15th day of June, 1962, between the Western Australian Government Railways (employer); John Edmund May (apprentice); and Clarence Cecil May (parent); in the trade of Mechanical Fitting.

HAVING read and considered the application herein made under clause 45 (5) (e) of the abovementioned award and having considered the recommendation of the Western Australian Ap- prenticeship Advisory Council in relation thereto and by consent of all the parties to the above agreement and the consent of the Australian Society of Engineers, and the Amalgamated Engi- neering Union, I, the undersigned Chief Industrial



ployees' Award (Consolidated 1964), No. 3 of 1961, and in the matter of an apprenticeship agreement made the 18th day of January, 1962, and registered on the 14th day of May, 1962, between the Western Australian Government Railways (employer); Michael Chapman (apprentice); and George John Chapman (parent); in the trade of Mechanical Fitting.

HAVING read and considered the application herein made under clause 45 (5) (e) of the abovementioned award 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 agreement and the consent of the Australian Society of Engineers, and the Amalgamated Engineering


Union, I, the undersigned Chief Industrial Com- missioner of the Western Australian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.

Dated at Perth this 26th day of October, 1966. [L.S.l (Sgd) S. F. SCHNAARS,

Commissioner.


NO. 397 of 1966. In the matter of the Apprenticeship Regulations,

1964, and in the matter of an apprenticeship agreement made the 22nd day of February, 1962, and registered on the 29th day of June, 1962, between the Hon. Minister for Works, (employer); Edward Forrester Hewitson (apprentice) ; and Alfred Stewart Hewitson (parent); in the trade of Motor Mechanics.

HAVING read and considered the application herein made under regulation 11 of the abovementioned regulations and having considered the recommendation of the Western Australian Ap- prenticeship Advisory Council in relation thereto and by consent of all the parties to the above agreement and the consent of the Australasian Society of Engineers and the Amalgamated Engineering Union, I, the undersigned Chief In- dustrial Commissioner of the Western Australian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.


Commissioner.


No. 398 of 1966. In the matter of Apprenticeship Regulations, 1964,

and in the matter of an apprenticeship agreement made the 12th day of February, 1962, and registered on the 6th day of August, 1962, between the Chamberlain Industries (employer); Brian Phillip Green (apprentice); and Jack Green (parent); in the trade of Fitting and Turning.

HAVING read and considered the application herein made under regulation 11 of the abovementioned regulations and having considered the recommendation of the Western Australian Apprenticeship Advisory Council in relation thereto and by consent of all the parties to the above agreement and the consent of the Australian Society of Engineers, and the Amalgamated Engineering Union, I, the undersigned Chief Industrial Commissioner of the Western Australian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me

do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.

Dated at Perth this 26th day of October, 1966. (Sgd) S. F. SCHNAARS,




and in the matter of an apprenticeship agreement made the 6th day of March, 1962, and registered on the 20th day of August, 1962, between the Chamberlain Industries Pty. Ltd. (employer); John Francis McGrath (apprentice) ; and John McGrath (parent); in the trade of 1st Class Welding.

HAVING read and considered the application herein made under regulation 11 of the abovementioned regulations and having considered the recommendation of the Western Australian Apprenticeship Advisory Council in relation thereto and by consent of all the parties to the above agreement and the consent of the Australian Society of Engineers and the Amalgamated Engineering Union, I, the undersigned Chief Industrial Commissioner of the Western Austrlian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.

Dated at Perth this 26th day of October, 1966. (Sgd.) S. F. SCHNAARS,




and in the matter of an apprenticeship agreement made the 16th day of July, 1962, and registered on the 10th day of December, 1962, between the Chamberlain Industries Pty Ltd (employer); Kenneth John Randall (apprentice) ; and Kenneth Allan Randall (parent); in the trade of 1st Class Welding.

HAVING read and considered the application herein made under Regulation 11 of the abovementioned regulations and having considered the recommendation of the Western Australian Apprentice- ship Advisory Council in relation thereto and by consent of all the parties to the above agreement and the consent of the Australian Society of Engineers and the Amalgamated Engineering Union, I, the undersigned Chief Industrial Com- missioner of the Western Australian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.

Dated at Perth this 26th day of October, 1966. (Sgd.) S. F. SCHNAARS,

Commissioner.




and in the matter of an apprenticeship agreement made the 6th day of May, 1962, and registered on the 24th day of August, 1962, between the Chamberlain Industries (employer) ; Norman Richard Marlborough (apprentice) ; and John Joseph Marlborough (parent); in the trade of Fitting and Turning.

HAVING read and considered the application herein made under regulation 11 of the abovementioned regulations and having considered the recommendation of the Western Australian Apprenticeship Advisory Council in relation thereto and by consent of all the parties to the above agreement and the consent of the Australian Society of Engineers and the Amalgamated Engin- eering Union, I, the undersigned Chief Industrial Commissioner of the Western Australian Indus- trial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.


Commissioner.



ployees' Award (Consolidated 1964), No. 3 of 1961, and in the matter of an apprenticeship agreement made the 15th day of January, 1962, and registered on the 14th day of May, 1962, between the Western Australian Govern- ment Railways (employer); John Peles (apprentice) ; and George Peles (parent); in the trade of Mechanical Fitting.

HAVING read and considered the application herein made under clause 45 (5) (e) 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 agreement and the consent of the Australian Society of Engineers, and the Amalgamated Engineering Union, I, the undersigned Chief Industrial Commissioner of the Western Australian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.

Dated at Perth this 27th day of Octiber, 1966. [L.S.l (Sgd) S. F. SCHNAARS,

Commissioner.


No. 410 of 1966. In the matter of the Apprenticeship Regulations of

1964, and in the matter of an apprenticeship agreement made the 30th day of July, 1962, and registered on the 12th day of December, 1962, between the Honourable Minister for Works (employer); Paul Marsh (apprentice); and Albert James Marsh (parent); in the trade of Tractor Fitting.

HAVING read and considered the application herein made under regulation 11 of the abovementioned regulations and having considered the recommendation of the Western Australian Ap- prenticeship Advisory Council in relation thereto and by consent of all the parties to the above agreement and the consent of the Australian Society of Engineers and the Amalgamated En- gineering Union, I, the undersigned Chief Indus- trial Commissioner of the Western Australian Industrial Commission, in pursuance of the powers contained in the said clause and all other powers therein enabling me do hereby approve of a reduction in the term in said agreement to the extent that the said apprenticeship shall be deemed to have been satisfactorily completed at the date of this order.

Dated at Perth, this 3rd day of November, 1966. [L.S.] (Sgd.) S. F. SCHNAARS,

Commissioner.

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