PUBLISHED BY AUTHORITY Sub-part 5 GOLDMINING INDUSTRY

[737]

londiiostrial Gazette

PUBLISHED BY AUTHORITY

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

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Sub-part 5

GOLDMINING INDUSTRY

LONG SERVICE LEAVE PROVISION-

(As Consolidated at a Hearing before Mr. Commissioner D. E. Cort on the 29th September, 1964.)

1.—Right to Leave.

A worker shall as herein provided be entitled to leave with pay in respect of long service.

2.—Long Service.

(1) The long service which shall entitle a worker to such leave shall, subject as herein provided, be continuous service with one and the same employer.

(2) Such service shall include service prior to the thirteenth day of December, 1957, if it continued until such time but only to the extent of the last twenty completed years of continuous service.

(3) (a) Where a business has, whether before or after the coming into operation hereof, been transmitted from an employer (herein called "the transmittor") to another employer (herein called "the transmittee") and a worker who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee—the period of the continuous service which the worker has had with the transmittor (including any such service with any prior transmittor) shall be deemed to be service of the worker with the transmittee.

(b) In this subclause "transmission" includes transfer, conveyance, assignment or succession whether voluntary or by agreement or by operation of law and "transmitted" has a corresponding meaning.

738 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [2 December, 1964.

(4) Such service shall include— (a) any period of absence from duty on any annual leave or

long service leave; (b) any period of absence from duty necessitated by

sickness of or injury to the worker but only to the extent of fifteen working days in any year of his employment;

(c) any period following any termination of the employment by the employer if such termination has been made merely with the intention of avoiding obligations hereunder in respect of long service leave or obligations under any award in respect of annual leave;

(d) any period during which the service of the worker was or is interrupted by service—

(i) as a member of the Naval, Military or Air forces of the Commonwealth of Australia other than as a member of the British Commonwealth Occupation Forces in Japan and other than as a member of the Permanent Forces of the Common- wealth of Australia except in the circumstances referred to in section 31 (2) of the Defence Act, 1903-1956, and except in Korea or Malaya after 26th June, 1950;

(ii) as a member of the Civil Construction Corps established under the National Security Act, 1939-1946;

(hi) In any of the Armed Forces under the National Service Act, 1951 (as amended).

Provided that the worker as soon as reasonably practicable on the completion of any such service resumed or resumes employment with the employer by whom he was employed immediately before the commencement of such service.

(5) Service shall be deemed to be continuous notwithstanding—

(a) the transmission of a business as referred to in paragraph (3) of this subclause;

(b) any interruption of a class referred to in paragraph (4) of this subclause irrespective of the duration thereof;

(c) any absence from duty authorised by the employer;

(d) any standing-down of a worker in accordance with the provisions of an award, industrial agreement, order or determination under either Commonwealth or State law;

(e) any absence from duty arising directly or indirectly from an industrial dispute if the worker returns to work in accordance with the terms of settlement of the dispute;

(f) any termination of the employment by the employer on any ground other than slackness of trade if the worker be re-employed by the same employer within a period not exceeding two months from the date of such termination;

(g) any termination of the employment by the employer on the ground of slackness of trade if the worker is re-employed by the same employer within a period not exceeding six months from the date of such termination;

(h) any reasonable absence of the worker on legitimate union business in respect of which he has requested and been refused leave;

2 December, 1964.] western Australian industrial gazette. 739

(i) any absence from duty after the coming into operation of this clause by reason of any cause not specified in this clause unless the employer, during the absence or within fourteen days of the termination of the absence notifies the worker in writing that such absence will be regarded as having broken the continuity of service, which notice may be given by delivery to the worker personally or by posting it by registered mail to his last recorded address, in which case it shall be deemed to have reached him in due course of post.

Provided that the period of any absence from duty or the period of any interruption referred to in placita (c) to (i) inclusive of this paragraph shall not (except as set out in paragraph (4) of this subclause) count as service.

3.—Period of Leave.

(1) The leave to which a worker shall be entitled or deemed to be entitled shall be as provided in this subclause.

(2) Subject to the provisions of paragraphs (5) and (6) of this subclause:—

Where a worker has completed at least fifteen years service the amount of leave shall be—

(a) in respect of fifteen years service so completed— thirteen weeks leave;

(b) in respect of each ten years service completed after such fifteen years—eight and two-thirds weeks leave;

(c) on the termination of the worker's employment—

(i) by his death;

(ii) in any circumstances otherwise than by his employer for serious misconduct;

in respect of the number of years service with the employer completed since he last became entitled to an amount of long service leave, a proportionate amount on the basis of thirteen weeks for fifteen years service.

(3) Subject to the provisions of paragraph (6) of this subclause, where a worker has completed at least ten years' service but less than fifteen years' service since its commencement and his employment is terminated—

(i) by his death; or

(ii) by the employer for any reason other than serious misconduct; or

(iii) by the worker on account of sickness of or injury to the worker or domestic or other pressing necessity where such sickness or injury or necessity is of such a nature as to justify or in the event of a dispute is, in the opinion of the Special Board of Reference, of such a nature as to justify such termination;

the amount of the leave shall be such proportion of thirteen weeks' leave as the number of completed years of such service bears to fifteen years.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [2 December, 1964.

(4) In the cases to which paragraphs (2) (c) and (3) of this subclause apply the worker shall be deemed to have been entitled to and to have commenced leave immediately prior to such termination.

(5) A worker whose service with an employer commenced before 1st October, 1964, and whose service would entitle him to long service leave under this clause shall be entitled to leave calculated on the following basis:—

(a) For each completed year of service commencing before the 1st October, 1964, an amount of leave calculated on the basis of thirteen weeks leave for twenty years service; and

(b) for each completed year of service commencing on or after the 1st October, 1964, an amount of leave calculated on the basis of thirteen weeks leave for fifteen years service.

Provided that such worker shall not be entitled to long service leave until his completed years of service entitle him to the amount of long service leave prescribed in either paragraph (2) (a) or paragraph (2) (b) of this subclause as the case may be.

(6) A worker to whom paragraphs (2) (c) and (3) of this subclause apply whose service with an employer commenced before 1st October, 1964, shall be entitled to an amount of long service leave calculated on the following basis:—

(a) For each completed year of service commencing before the 1st October, 1964, an amount of leave calculated on the basis of thirteen weeks' leave for twenty years' service; and

(b) for each completed year of service commencing on or after 1st October, 1964, an amount of leave calculated on the basis of thirteen weeks leave for fifteen years service.

4.—Payment for Period of Leave.

(1) A worker shall subject to paragraph (3) of this subclause be entitled to be paid for each week of leave to which he has become entitled or is deemed to have become entitled the ordinary time rate of pay applicable to him at the date he commences such leave.

(2) Such ordinary time rate .of pay shall be the rate applicable to him for the standard weekly hours which are prescribed by this award (or agreement), but in the case of casuals and part-time workers shall be the ordinary time rate for the number of hours usually worked up to but not exceeding the prescribed standard.

(3) Where by agreement between the employer and the worker the commencement of the leave to which the worker is entitled or any portion thereof is postponed to meet the convenience of the worker, the rate of payment for such leave shall be at the ordinary time rate of pay applicable to him at the date of accrual, or, if so agreed, at the ordinary time rate of pay applicable at the date he commences such leave.

(4) The ordinary time rate of pay—

(a) shall include any deductions from wages for board and/or lodging or the like which is not provided and taken during the period of leave;

2 December, 1964.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 741

(b) shall not include shift premiums, overtime, penalty rates, commissions, bonuses, allowances or the like except district allowance when the worker or his family or dependants remain in the Award area and Industry Allowance.

(5) In the case of workers employed on piece or bonus work or any other system of payment by results payment shall be at ordinary time rates.

(6) Liberty is reserved to the parties to apply to amend this subclause.

5.—Taking Leave.

(1) In a case to which placita (a) and (b) of paragraph (2) of subclause (3) apply—

(a) Leave shall be granted and taken as soon as reasonably practicable after the right thereto accrues due or at such time or times as may be agreed between the employer and the worker or in the absence of such agreement at such time or times as may be determined by the Special Board of Reference, having regard to the needs of the employer's establishment and the worker's circumstances.

(b) Except where the time for taking leave is agreed to, the employer shall give to a worker three months' notice (where practicable), or in any case at least one month's notice of the date from which his leave is to be taken.

(c) Leave may be granted and taken in one continuous period or if the employer and the worker so agree in not more than three separate periods in respect of the first thirteen weeks' entitlement and in not more than two separate periods in respect of any subsequent period of entitlement.

(d) Any leave shall be inclusive of any public holidays specified in this award (or agreement) occurring during the period when the leave is taken but shall not be inclusive of any annual leave.

(e) Payment shall be made in one of the following ways— (i) in full before the worker goes on leave; (ii) at the same time as his wages would have been

paid to him if the worker had remained at work, in which case payment shall, if the worker in writing so requires, be made by cheque posted to an address specified by the worker; or

(iii) in any other way agreed between the employer and the worker.

(f) No worker shall, during any period when he is on leave, engage in any employment for hire or reward in substitution for the employment from which he is on leave, and if a worker breaches this provision he shall there- upon forfeit his right to leave hereunder in respect of the unexpired period' of leave upon which he has entered, and the employer shall be entitled to withhold any further payment in respect of the period and to reclaim any payments already made on account of such period of leave.

(2) In a case to which paragraph 2 (c) or paragraph (3) of subclause (3) applies and in any case in which the employment of the worker who has become entitled to leave hereunder is terminated before such leave is taken or fully taken the employer shall, upon

742 WESTERN AUSTRALIAN industrial gazette. [2 December, 1964.

termination of his employment otherwise than by death pay to the worker, and upon termination of employment by death pay to the personal representative of the worker upon request by the personal representative, a sum equivalent to the amount which would have been payable in respect of the period of leave to which he is entitled or deemed to have been entitled and which would have been taken but for such termination. Such payment shall be deemed to have satisfied the obligation of the employer in respect of leave hereunder.

6.—Granting Leave in Advance and Benefits to be Brought into Account.

(1) Any employer may by agreement with a worker allow leave to such a worker before the right thereto has accrued due, but where leave is taken in such case the worker shall not become entitled to any further leave hereunder in respect of any period until after the expiration of the period in respect of which such leave has been taken before it accrued due.

(2) Where leave has been granted to a worker pursuant to the preceding paragraph before the right thereto has accrued due, and the employment subsequently is terminated, the employer may deduct from whatever remuneration is payable upon the termination of the employment such amount as represents payment for any period for which the worker has been granted long service leave to which he was not at the date of termination of his employment or prior thereto entitled.

(3) Any leave in the nature of long service leave or payment in lieu thereof under a State Law or a long service leave scheme not under the provisions hereof granted to a worker by his employer in respect of any period of service with the employer shall be taken into account whether the same is granted before or after the coming into operation hereof and shall be deemed to have been leave taken and granted hereunder in the case of leave with pay to the extent of the period of such leave and in the case of payment in lieu thereof to the extent of a period of leave with pay equivalent to the amount of the payment and to be satisfaction to the extent thereof of the entitlement of the worker hereunder.

7.—Records to be Kept.

(1) Each employer shall during the employment and for a period of twelve months thereafter, or in the case of termination by death of the worker for a period of three years thereafter, keep a record from which can be readily ascertained the name of each worker, and his occupation, the date of the commencement of his employment and his entitlement to long service leave and any leave which may have been granted to him or in respect of which payment may have been made hereunder.

(2) Such record shall be open for inspection in the manner and circumstances prescribed by this award (or agreement) with respect to the time and wages record.

8.—Special Board of Reference.

(1) There shall be constituted a Special Board of Reference for the purpose hereof to which all disputes and matters arising hereunder shall be referred and the Board shall determine all such disputes and matters.


(2) There shall be assigned to such Board the functions of—

(a) the settlement of disputes on any matters arising hereunder;

(b) the determination of such matters as are specifically assigned to it hereunder.

(3) The Board of Reference shall consist of one representative or substitute therefor nominated from time to time by the Western Australian Employers' Federation (Incorporated) and one representative or substitute nominated from time to time by the Trades and Labor Council of Western Australia together with a chairman to be mutually agreed upon by the organisations named in this paragraph.

9.—State Law. (1) The provisions of any State Law to the extent to which they

have before the coming into operation hereof conferred an accrued right on a worker to be granted a period of long service leave in respect of a completed period of fifteen or more years' service or employment or an accrued right on a worker or his personal representative to payment in respect of long service leave shall not be affected hereby and shall not be deemed to be inconsistent with the provisions hereof.

(2) The entitlement of any such worker to leave in respect of a period of service with the employer completed after the period in respect of which the long service leave referred to in paragraph (1) of this subclause accrued due shall be in accordance herewith.

(3) Subject to paragraphs (1) and (2) of this subclause the entitlement to leave hereunder shall be in substitution for and satisfaction of any long service leave to which the worker may be entitled in respect of employment of the worker by the employer.

(4) An employer who under any State Law with regard to long service leave is exempted from the provisions of that law as at the 13th December, 1957, shall in respect of the workers covered by such exemptions be exempt from the provisions hereof.

10.—Exemptions.

The Special Board of Reference may subject to such conditions as it thinks fit exempt any employer from the provisions hereof in respect of its employees where there is an existing or prospective long service leave scheme which, in its opinion, is, viewed as a whole, more favourable for the whole of the employees of that employer than the provisions hereof.

11.—Transfer of Workers to Associated Companies.

Where a worker, either at the request or with the consent of the employer being a company, transfers his employment to that of another company associated with that of the original employer, the continuity of the worker's service shall not be deemed to have been broken by reason only of such transfer and the period of the continuous service the worker has had with the original employer shall be deemed to be continuous service with the company to which the worker transfers. For the purpose of this subclause, companies shall be deemed to be associated companies when one company is a subsidiary of the other or where two companies are each a subsidiary of a third company.


REFERENCES TO COMMISSION

IN COURT SESSION-

Section 171 (b)

(Dispute re— (1) Whether a Fireman on a Steam Loco-

motive should be required to change over the Section Staff at Unattended Rail Sidings.

(2) Whether any Worker should have had a Punishment entered against him for failing to change over a Section Staff.)

IN THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION. No. 405 of 1964.

In the matter of the Industrial Arbitration Act, 1912-1963, and in the matter of an Industrial Dispute between the West Australian Loco- motive Engine Drivers', Firemen's and Cleaners' Union of Workers and the Western Australian Government Railways Commission at or about the workings of the State Railways.

I, the undersigned, a member of the Western Aus- tralian Industrial Commission, do hereby inform the Commission in Court Session that at a conference held pursuant to the said Act between the abovenamed parties at which I presided, and which was convened by a summons issued by me it appeared that the matters specified at the foot hereof, which were in dispute between the said parties, could not be settled at the said conference and no agreement was arrived at in respect thereof and I do therefore, pursuant to the powers in this behalf vested in me by the said Act, refer all the said matters to the said Commission to be heard and determined in accordance with the said Act as an industrial dispute wherein The West Austra- lian Locomotive Engine Drivers', Firemen's and Cleaners' Union of Workers shall be deemed to be the applicant and the Western Australian Govern- ment Railways Commission the respondent.

Dated this 14th day of October, 1964. (Sgd.) D. CORT,

[L.S.i Commissioner.

Matters Referred 1. Whether a fireman on a steam locomotive

should be required to change over the section staff at unattended rail sidings.

2. Whether any worker should have had a punishment entered against him for failing to change over a section staff.

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION.

NO. 405 of 1964. In the matter of the Industrial Arbitration Act,

1912-1963, and in the matter of an Industrial Dispute between The West Australian Locomo- tive Engine Drivers', Firemen's and Cleaners' Union of Workers, and The Western Australian Government Railways Commission. Before the Commission in Court Session.

Mr. Commissioners E. R. Kelly, D. E. Cort and J. R. Flanagan.

The 6th Day of November, 1964.

Judgment. MR. COMMISSIONER KELLY: On the 14th October, 1964, Mr. Commissioner Cort referred to the Commission in Court Session the following matters, namely:—

(1) Whether a fireman on a steam locomotive should be required to change over the section staff at unattended rail sidings; and

(2) Whether any worker should have had a punishment entered against him for failing to change over a section staff.

The reference was made as a result of a compulsory conference which had been called by the Commissioner in connection with a strike by members of the West Australian Locomotive Engine Drivers, Firemen's and Cleaners' Union employed by the Western Australian Government Railways Commission (hereinafter referred to as the W.A.G.R.C.).

Section 23 of the Government Railways Act, 1904-1963, gives the W.A.G.R.C. power to make rules "for the general regulating of traffic on the railways and the conduct of employees employed on the Railways." The power conferred by the section has been exercised from time to time and on the 22nd December, 1955, the Chief Traffic Manager of the W.A.G.R.C. advised the union in writing that it was desired that representatives of the union discuss with the Assistant Chief Traffic Manager a departmental proposal to amend the then existing rules relating to procedure at unattended staff stations. The proposed amendments involved a change in firemen's duties requiring the fireman on a diesel locomotive to return to the staff cabin with the staff for the section traversed and hand it to the guard or other authorised official. It was stated in the letter that no alteration was proposed in relaion to trains worked solely by one or more steam locomotives.

Following this discussion the rules were amended to bring about the alteration in procedure just referred to and, since some time in 1956, firemen on trains worked by diesel locomotives have observed that altered procedure.

On the 1st October, 1962, new rules were published in the Government Gazette. These rules came into force on the 1st January, 1963 and, together with certain provisions in the General Appendix to the Rules—an appendix which contains safe working and other instructions issued by the Chief Traffic Manager as a supplement to the rules—brought the procedure on steam locomotives into line with that on diesel locomotives in relation to staff-changing at unattended stations.

On the 14th January, 1963, the General Com- mittee of the union issued or caused to be issued an instruction directing firemen working steam locomotives to remain on their locomotives. In other words, the union instructed its members to disobey the new rule. The members of the union since that time have acted in accordance with the union instruction and in disobedience of the gazetted rule, and although a number of discussions have taken place between representatives of the union and the W.A.G.R.C., the conflict has remained unresolved.

On Wednesday the 8th July, 1964, amendments to the rules and to the General Appendix were published in the Government Gazette. These amendments, which became effective upon being published in the Weekly Notice for the week ending the 8th August, 1964, deleted from the General


Appendix the reference to staff-change duties for firemen and replaced it by a similar provision in the rules. Both parties before us indicated that the situation was not altered in any material respect by these amendments, although it is clear that each party has held or professed a different view at one time or another during the course of the last eighteen months.

The disobedience of the rule between January, 1963, and August, 1964, met with no attempt by the W.A.G.R.C. to punish any offending firemen, but following the issue of the Weekly Notice for the week , ending the 8th August, charges were laid against certain firemen and three of them had a "caution" entered on their record—a "caution" being a form of punishment which is not provided for in the rules and which, it would appear, does not usually have any significant consequences for an employee punished in this fashion.

Following this action by the W.A.G.R.C., a conference took place between the parties but un- fortunately did not achieve any reconciliation of their differences. What followed from this, in the words of Mr. Kingston, who appeared for the union in these proceedings, was that "a dispute was declared and a stoppage of work resulted."

We are not, in these proceedings, dealing with the strike itself, but I am constrained to remark on the folly of the union in taking this action. It must be observed that the decision of the General Committee to call the strike was in direct contra- vention of the rules of the union which provide that all disputes shall be referred for settlement pursuant to the Industrial Arbitration Act, and the decision therefore exposed the union to severe penalties under the Act. But what is perhaps of greater importance is this: When facilities are readily available for the arbitration of a dispute (as was the case here), and a union, instead of making use of those facilities, directs its members to go on strike, a prima facie presumption is immediately raised that the union does not itself believe that it has a case of any substance to put to arbitration. If a union is convinced of the soundness of its position, by what process of reasoning can it justify depriving its members of pay which the union itself would be the first to say they can ill afford. If, on the other hand, it believes that the attitude which it has adopted is insupportable, it can scarcely be said to be at- tending to the welfare of its members by requiring them to sacrifice a substantial sum of money for something which it believes is not reasonably at- tainable. In either case, therefore, a strike can only serve to prejudice the true interests of the members. In the face of the good industrial record of this union, however, I would be extremely reluctant to conclude that either of the foregoing alternatives precisely fit the present situation and I prefer to think, as has been suggested, that the union believed that the subject matter of the dispute could not be referred to this Commission for determination. This, of course, does not excuse the officers of the union for their failure to ascertain the true position, but it would seem that the same error may have been made on both sides. It may be as well, therefore, to clear up this point immediately.

As I have remarked, section 23 of the Govern- ment Railways Act gives the W.A.G.R.C. power to make rules regulating the conduct of its employees and it was this provision, I think, which led the parties to believe that the question now before us could be decided only by a test of strength.

Section 6 of the Industrial Arbitration Act, 1912- 1963, however, defines the term "industrial matters" to mean "all matters affecting or relating to the work, privileges, rights, and duties of employers or workers in any industry ..." It defines the term "industrial dispute" to mean "a dispute as to industrial matters between a union or association of workers on the one hand and an employer or a union or association of employers on the other hand", and it defines the term "employer" to include "persons, firms, companies and corporations employing one or more workers, also the Crown, and any Minister of the Crown, or body corporate acting on behalf of the State".

By section 8 of the Government Railways Act the Railways Commission is declared to be a body corporate. The present dispute, relating as it does to an industrial matter, is therefore an industrial dispute within the meaning of the Industrial Arbi- tration Act and is, as a consequence, within the jurisdiction of this Commission.

There can, of course, be no doubt that the W.A.G.R.C. has the right, in the first instance, to determine the manner in which its employees shall carry out their work, and this Commission will not lightly interfere with that right if it is exercised in a reasonable manner. The W.A.G.R.C. is the authority charged by Parliament with the control and management of the State's railway system and it is that authority (and not this Commission nor the union) which must accept the responsibility of ensuring that that system is operated in an efficient manner and with proper regard for the legitimate needs and the safety of the public which it is designed to serve. The W.A.G.R.C. must, therefore, be left free to discharge its responsibilities unless, in pursuit of its goals of efficiency, safety and service to the public, it imposes harsh or unreasonable requirements on its employees. But whether unreasonable demands have been made on employees is for this Commission to judge, and the union and its members must abide by the lawful instructions of the W.A.G.R.C. until this Com- mission determines otherwise.

As will be seen later in this judgment, I have come to the conclusion, with some qualifications, that the duties prescribed for firemen on steam locomotives by the rules which came into effect on the 1st January, 1963, do not represent a harsh or unreasonable requirement. This is not to say, however, that the manner in which the W.A.G.R.C. exercised its rights was reasonable. Indeed, I am satisfied that the dissension and the resultant strike stemmed far more from the manner in which the new rules were brought into force than from the substance of those rules.

It will be noted that when, in 1954, the W.A.G.R.C. sought to change the duties of firemen on diesel locomotives, it discussed the proposal with the union before introducing the change. It will also be noted that on that occasion the Chief Traffic Manager indicated clearly that there was no intention to bring about a change in the duties of firemen on steam locomotives.

It is not surprising, therefore, that the union was most incensed when, in 1963, new rules were brought into force which effected a change in the duties of those firemen without any consultation having taken place with the union, a situation which is difficult to understand when it is considered that the new rules had been in course of preparation for almost four years. I have made it clear that the recent strike by the union cannot

746 western AUSTRALIAN INDUSTRIAL GAZETTE. [2 December, 1964.

be excused, and neither can the action of the union in instructing its members to disobey a lawful order, but I am of the opinion that the resent- ment which the union and its members felt over the manner in which this change in duties was effected was entirely justified.

At page 23 of the transcript, Mr. McKerrow, who appeared for the W.A.G.R.C., is reported as saying "Behind the dispute which brings the parties before the Commission today, we have a question which is really that of the right of the Railways Com- mission to control its own affairs", and I have no doubt that this is the attitude which the W.A.G.R.C. has adopted in regard to this matter since, if not prior to, the gazettal of the new regulations on the 1st October, 1962. I have sought to make it quite clear that there is no question of the right of the W.A.G.R.C. to control its own affairs, providing that right is exercised in a reasonable manner. In the context of the present dispute it must be borne in mind, however, that the union exists primarily for the protection and furtherance of the rights of its members, and I feel that where any significant change of a permanent nature is to be made in the duties of its members, the union is entitled to an opportunity to discuss the proposed change before it is introduced, more particularly in view of the extent to which employment in this industry is subject to such extensive regulation. This does not mean, of course, that the consent of the union to any proposed change is necessary, nor, I think, does the union expect that this should be so. Mr. Kingston made it quite clear during the proceedings that his union did not agree in 1956 to the change in duties for firemen on diesel locomotives, but the absence of consent on the union's part did not prevent the change from being introduced, nor did the union or its members seek to frustrate the new rule, a set of circumstances which I am convinced may be attributed to the prior discussions which took place.

In a letter to the union dated the 15th February, 1963, the Secretary for Railways said "It is thought that before taking direct action as you did, you should have at least brought the matter to the notice of the department by either discussing it with appropriate officers or by correspondence so that the department had some opportunity to in- vestigate your complaint . . . and it is hoped that in future your union will continue to firstly approach the department . . . rather than take pre- cipitate action by issuing instructions to members as was done in this case". I agree entirely with the procedure set out in this letter, but I think that if a similar procedure is also followed by the W.A.G.R.C. itself, especially when it seeks to introduce important changes in the duties of its employees, it is more likely to facilitate the efficient management and direction of the railway services than the reverse.

I turn now to the specific matters referred to us by Mr. Commissioner Cort. I have given careful consideration to the submissions and evidence placed before us and. as I indicated earlier in this judgment, I am satisfied that the instruction requiring firemen on steam locomotives to assist in staff-changing at unattended stations is a reasonable one. Notwithstanding Mr. Kingston's able submissions, I think it is clear that the new arrangements do not endanger the safety of the public or of the members of his union, and in this regard it may be observed that similar arrangements have operated on diesel locomotives since 1956 without any untoward incidents occurring.

Nor is the duty required of firemen by the new rules something that is wholly foreign to the firemen's calling as may be seen from the fact that similar duties are performed by firemen elsewhere in Australia. Furthermore, the evidence brought by the W.A.G.R.C. in this case tends to indicate that the performance of this duty by firemen would not generally impose an unreasonable burden upon them, even when allowance is made for the other duties which they may be required to perform when a locomotive is at an unattended station.

It does appear to me, however, that consideration needs to be given to the provision of water- proof clothing on both steam and diesel locomotives and to the provision of a light for firemen, and in this regard the tentative proposals discussed at a meeting between the parties on the 31st July, 1963, and referred to at pages 73/74 of the transcript, may provide a reasonable basis of negotiations. Had it not been for the atmosphere surrounding those discussions, I think they could have led to a solution of the problem and now that the respective rights of the parties have been clarified, I am of the opinion that the parties should again confer. In any event, there was insufficient evidence placed before the Commission to determine this aspect of the matter.

As I have indicated, only three firemen were punished by having a "caution" noted on their service record, although it is clear that between Janu- ary, 1963, and the present time many firemen have disobeyed the new rule. In these circumstances it would be obviously unjust to allow these punish- ments to stand, and I am accordingly of the opinion that the "cautions" should be struck from the record of the employees concerned.

I have no doubt that the W.A.G.R.C. will take action to comply with this Commission's view in regard to these "cautions" without the necessity of an order being made, and as the Commission has found that the rules introduced on the 1st Janu- ary, 1963, were lawful and not unreasonable, no order is necessary to make them effective.

If the parties are unable to reach agreement on the matters which I have suggested should be the subject of a conference between them, an application may be made to amend the award.

MR. COMMISSIONER CORT: In these proceedings the Commission sitting in Court Session is called upon to determine:—

(a) Whether a fireman on a steam locomotive should be required to change over the section staff at unattended rail sidings: and

(b) Whether any worker should have had a punishment entered against him for failing to change over the section staff.

These matters were referred to this Commission for hearing and determination under section 171 of the Industrial Arbitration Act, on the 14th October, 1964, following a compulsory conference relating to the stoppage of work by the members of the Locomotive Engine Drivers', Firemen's and Cleaners' Union. This stoppage commenced on the 12th October, 1964, with work being resumed on the 14th October.

Set out hereunder is a brief outline of the events leading up to the aforementioned reference under that section.

(1) From the 1st January, 1963, the Appendix to the Rules, made under section 23 of the Govern- ment Railways Act, required the firemen on a


steam locomotive to assist in changing the staff at an unattended rail siding when a train was not to be crossed. The fireman on a diesel locomotive had performed this task since May, 1956.

(2) On the 21st January, the union complained to the Western Australian Government Railways Commission (hereinafter called the Department) about this requirement contending it created confusion and at or about the same time directed its members to ignore the instruction.

(3) On the 1st March, a discussion was held between the parties at which the union expressed the view that it should have been consulted before an endeavour was made to introduce a new system. When the diesel firemen were first required to change the staff, it was so consulted. This discussion did not resolve the difference of opinion.

(4) In June and July further discussions were held but without result. The union advised the Department in August that it was still not prepared to allow its members to do the work.

(5) In September, 1963, the Commissioner of Railways investigated the position and determined that as some confusion may have been created as between the rules and the appendix thereto, the rules (and the appendix) should be amended so that the rules only would express the requirement placed upon the persons concerned.

(6) This alteration was effected in August, 1964, the men being advised in a Weekly Notice. This change did not alter the requirement in any way but merely caused it to be an instruction to the firemen by way of the rules as against the appendix.

(7) On the 4th September, district officers of the Department advised that the instruction was still not being obeyed. The Department then decided to again draw the attention of the men to the rule. It further decided that if it continued to be ignored then disciplinary action was to be taken.

(8) Later, certain men were charged for not carrying out the rule. This charge was admitted, the men raising as a defence the fact that, in dis- obeying orders, they were following union instructions.

(9) On the 21st September, the union was asked to reconsider its attitude and when it refused to do so, three men charged were punished by way of being "cautioned".

(10) On the 8th October, the union asked the Department to rescind the rule requiring firemen on steam locomotives to change the staff and at the same time to waive the cautions imposed on three of its members. When this request was refused all work ceased from midnight, 12th October, 1964.

Before dealing specifically with the two matters referred to this Commission, I would make the following observations:—

(a) The union's objection to the instruction to firemen in January, 1963, whether on the ground that it was unreasonable or unlawful or conducive to confusion created a situation which could have been determined under the provisions of the Indus- trial Arbitration Act. It is difficult to understand why the union did not refer the matter to the then Court of Arbitra- tion, that is if it truly considered the requirement unreasonable, unlawful or confusing, but it is even more difficult to appreciate why the Department did not

take any action when its employees were refusing to obey a lawful order and an order certainly regarded as such by the union, at least since August, 1964. Apparently both parties did not regard the question as an industrial matter but how an employer could think that a refusal of his employees to obey a lawful order was not an industrial matter is beyond me.

(b) If the matter had been referred to this Commission, even in August, 1964, it could have been dealt with quickly and possibly more quickly than has now been the case. It should not be thought that the stoppage of work achieved an earlier date of hearing than would otherwise have been possbile. When an applicant requests a date of hearing of a matter as required by the Act, that date is available within a short time. Those matters filed with the Commission for some time, and including some filed with the Court of Arbitration since 1959, which purport to represent "industrial disputes" have not been dealt with because the applicant concerned apparently does not desire the particular matter to be determined. It should be realised that matters can now be dealt with by this Commission with little or no delay.

In respect of the first question as to whether a fireman should change the staff, it may be broadly stated that the union contends that the work should more properly be performed by a guard; that it is not desirable on safety grounds for it to be performed by the fireman; that the time involved is of so little consequence as to be of no assistance to the Department; that the fireman is fully engaged on other duties and finally that the work is detrimental to the health and welfare of a fireman. The union also complains it was given no opportunity to consider the new system before it was introduced but whether the Department erred or not in this respect, does not affect the question now before this Commission.

The Department says the new rule is necessary for the efficient operation of its railway system; that its introduction was a matter within the function of management and that there should be no interference with the proper exercise of that function and that the new system was not unsafe nor was it detrimental to the health of a fireman.

I do not intend to deal with the^ submissions or the evidence of the parties in detail but this does not mean that due weight has not been given to them. The answer to the question referred deoends upon whether this Commission should interfere with a function of management in determining the manner in which work should be performed. Industrial tribunals in this and other States have consistently upheld the right of an employer to manage his own business in a nmnner which he considers desirable, as broadly, it is he who is responsible for the efficiencies (or the in- efficiences) which flow from his decisions. This right includes the method by which work is to be performed and the persons who should do such work, (for example see the remarks of Nevile, J., reported in Volume 43 W.A.I.G. p. 293 at pages 298 and 299), but an industrial authority will require an employer to pay a just wage for that work or will otherwise interfere with that right if it imposes unreasonable conditions on the workers concerned. The many decisions on this principle do not require repetition but in coming to my conclusion I have given them due attention.


This system which is new for firemen on steam locomotives has been performed for some eight years by firemen on diesel locomotives. This confirms my conclusion, otherwise reached, that it is not work more properly to be done by a guard nor does it create an "unsafe" condition. Therefore, I cannot see that the requirement of the Department is one which should be interfered with by this Com- mission.

However, having agreed with the right of the employer to determine the method of work, it is now necessary to consider whether the conditions under which that work is being carried out are reasonable. The union points out that a fireman is not supplied with protective clothing or a lamp, both of which are available to guards. The fact that these items are so available to guards does not necessarily mean that a fireman should be supplied with similar articles but, prima facie, I feel he should be protected from wet weather. The De- partment argues that from time to time a fireman is required to perform other duties in the open and that this new duty does not create a new circumstance. I reject this submission.

In these proceedings sufficient information was not available for me to determine finally whether protective clothing of a certain type should be supplied or the extent to which any clothing should be made available, or whether or not a lamp was necessary. The parties should further discuss these matters.

I would answer the first question—"Yes, subject, as at present advised, to the supply of water- proof clothing."

The other question to be determined is whether the "cautions" imposed against three members of the union should be removed. Each of these men, amongst others, wilfully refused to obey an order lawfully given by the Department.

It is usual for a worker to be more severely dealt with by his employer for failing to obey an order and even to be dismissed for misconduct. It is because of this that the union took a grave step when it issued its January, 1963, directive to its members and did not refer the dispute to the Court of Arbi- tration for hearing and determination. The De- partment appears to have imposed a lesser punishment because of this directive but the gravity of a refusal to obey a lawful order is not lessened by the fact that it has its origin in a union instruction. To risk a worker's means of livelihood and then to expect this Commission to exonerate that worker because he acted on a union directive indicates a false appreciation of the situation. I quote from a recent decision of Mr. S. F. Schnaars, Chief Industrial Commissioner:—

". . . It has been suggested that the actions of these four men were in no way different to the balance of the workers and that, therefore, in selecting these individuals for dismissal they had in fact been victimised.

"I can see no justification whatever for this proposition. The only matter that one can consider is whether the employer was in any way unreasonable in his actions. The evidence clearly establishes that the employer did not unjustifiably exercise his normal rights to terminate the contract of employment of the workers concerned . . .

. . The only course available to the employer under these circumstances was to dis- miss, unless he was prepared to give away completely any control over his own business.

"If one were to conclude that the employer should now be ordered to reinstate, then it would be virtually saying that employers in industry must lose their elementary rights of running their own business. It is impossible for industry to function on the basis that workers have the sole right to determine how and when work will be performed . .

If this were the only consideration in this matter I would certainly agree that the punishment imposed by the Department should stand. However, the particular circumstances in this case are different. The Department's instruction, operative from the 1st January, 1963, had, to all intents and purposes, never been obeyed by firemen and no action was taken against them by the Department. It is agreed that the order had no greater force in 1964 than it had in 1963 but by then a fireman could be excused for thinking that in refusing to change the staff he would not be regarded as refusing to obey a lawful order. The Department regarded its Weekly Notice as being a sufficient indi- cation of its intention to enforce the order but, as stated, this notice did not really alter the operative effect of the order previously given. The normal practice of passing on instructions to the staff by inserting a notice in the "General Order Book" was not followed in that firemen were not so told that the practice of not enforcing the order, which had operated for over eighteen months, was to change, nor was the union warned of the Depart- ment's intention to enforce the order. In normal circumstances such a warning would not be necessary but the Department being aware of the union's directive to its members may well have for- mally notified that union of its intention so that it may have clarified the position with its members. I would answer this question:—

"Not in these particular circumstances."

MR. COMMISSIONER FLANAGAN: The facts relating to the matters for determination, having been fully set out in the preceding judgments, I do not propose to repeat them and therefore my comments and conclusions will follow, generally speaking, those facts that have been previously recited.

It is evident from the changes that were introduced and the manner of their introduction and application that a feeling of hostility and ^resent- ment developed amongst the members of the applicant union, culminating in an instruction being- issued by the governing body, directing firemen to remain on steam locomotives. Subsequent conferences between the parties failed to resolve their differences and in an endeavour to compel the Railways Commission to withdraw the additional duty imposed on firemen working steam locomotives, the union directed its members to cease work and a general strike took place.

This action was completely unwarranted and one can only speculate on the reason motivating the union in deciding on this course. It is, I think, worthy of note that apparently neither party, prior to this action, considered it necessary to refer the matter to this Commission to assist in the settlement of the dispute and because of this failure to avail themselves of facilities that are readily available, I consider that both parties are deserving of censure.

2 December, 1964.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.

The general submissions in support of the proposition that firemen should continue to remain on steam locomotives and refrain from engaging on staff-changing were summarised by the applicant on page 20 of the transcript as follows:—

Firemen are usually fully employed while trains are at crossing places; no great saving of time would result from them being required to perform this work; the procedure for trains stopping with the locomotive clear of the foul- ing point has reduced the margin of safety previously provided by the rules. This work has always been performed by guards who are provided with protective clothing and a light for the purpose. The health of firemen could be adversely affected due to sudden change of temperatures experienced when leaving the cabs of locomotives and having to complete shifts in damp clothing.

From the submissions and evidence adduced, I am satisfied that it is not unreasonable and moreover, I find that it is a valid exercise of the administrative function of the Railways Commis- sion to require firemen on steam locomotives to assist in the change over of the section staff at unattended sidings.

In reaching this conclusion, I consider, however, that suitable protective clothing and adequate lighting should be provided to firemen who are required to perform this duty. The type of equipment and the conditions relating to such issue, I consider, are matters on which the parties should confer.

Having regard for all the circumstances surrounding this dispute and without in any way de- rogating the right of the Railways Commission to impose disciplinary measures on employees com- mitting breaches of rules, I am nevertheless of the opinion that the "caution" entered on the service record of three of the firemen should, if only in the interests of restoring better industrial relations, be removed.

MR COMMISSIONER KELLY; The Commission is therefore unanimously of the opinion that no order be made, that the "cautions" be removed from the record of the employees concerned and that the parties confer on the question of protective clothing, provision of lights and any related matter.

Decision accordingly.

Section 173 (Dispute re—

(1) Payment of an Allowance to Fitters and their Assistants required to set Safety Valves,

(2) Payment of an Allowance to Workers required to Work in a Confined Space.)


No. 384 of 1964. In the matter of the Industrial Arbitration Act,

1912-1963, and in the matter of an Industrial Dispute between Coastal District Committee Amalgamated Engineering Union Association of Workers, The Australasian Society of En- gineers' Industrial Union of Workers, and The Electrical Trades Union of Workers of Aus- tralia (Western Australian Branch), and The State Electricity Commission of Western Aus- tralia.

I, the undersigned. Commissioner of the Western Australian Industrial Commission, do hereby advise that, at a conference held pursuant to section 171

749

of the Industrial Arbitration Act, 1912-1963, between the abovenamed parties, an agreement as to the whole or part of the matters in dispute was not reached, the parties to the dispute consenting to the same being heard and determined by the undersigned Commissioner presiding over that conference.

Dated the 30th day of October, 1964. (Sgd.) E. R. KELLY,

Commissioner. [L.S.l

Matters Referred. Payment of an allowance to fitters and then-

assistants required to set safety valves and payment of an allowance to workers required to work in a confined space.

[The matter referred to the Commission was in the nature of an amendment to Award No. 36, 37 and 38 of 1961 and the amending order made appears at page 788.]

APPEAL TO COMMISSION IN

COURT SESSION- building TRADES. Aware! No. 24 of 1958.

ENGINE DRIVING. (Earth Moving Construction.)

Award No. 10 of 1963.

TRANSPORT WORKERS. (General.)

Award No. 10 of 1961. (Re Appeals from Decision of Mr. Commissioner

E. R. Kelly delivered in Applications Nod. 122/64, 125/64 and 130/64 amending above Awards as affecting Workers at North West Cape.) BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION. Nos. 408, 409 and 410 of 1964.

Between Hardeman-Monier-Hutcherson and others, Appellants,

and 408/64.—Building Trades Association of Unions of

Western Australia (Association of Workers), Respondent.

409/64.—Transport Workers' Union of Australia, Industrial Union of Workers, Western Austra- lian Branch, Respondent.

410/64.—The Federated Engine Drivers and Fire- men's Union of Workers of Western Australia, Respondent. Before the Commission in Court Session.

Chief Industrial Commissioner S. F. Schnaars, Esq.; and Mr. Commissioners D. E. Cort and J. R. Flanagan.

The 25th day of November, 1964.

Judgment. MR. COMMISSIONER SCHNAARS; The following is the decision of myself and Mr. Commissioner Cort.

750

On the 5th October, 1964, Mr. Commissioner Kelly delivered a judgment concerning proposed amendments to Awards No. 24 of 1958, No. 10 of 1963 and No. 10 of 1961. Following the speaking to the minutes of these proposed orders, the beforementioned awards were amended on the 15th October in accordance with schedules which are set out in Volume 44, W.A.I.G., pages 684 and 685.

These amendments applied to building trades workers, engine driving (earthmoving and construction) workers and transport workers employed at what is commonly referred to as the North- West Cape project. On the 16th October the respondents to these orders filed appeals from the Commissioners' decisions. The grounds on which the appeals were made were set out in the Notice of Appeal form in the following manner:—

(1) The decision of the Commissioner is wrong in principle and based upon wrong conclusions.

(2) The decision of the Commissioner created anomalies and is manifestly unjust.

(3) The Commissioner acted contrary to the provisions of section 69 of the Industrial Arbitration Act, 1912-1963, and the appellants desire that this part of the award be set aside.

The appeal came before the Commission in Court Session for hearing and determination on 23rd November. During these proceedings the Commis- sion indicated to the parties that it would be preferable to deal in the first instance with the third ground of the appeal, it being quite evident that if the appeal were to be upheld on that particular ground then there could be no purpose in the appeal proceeding further on grounds (1) and (2).

The appellants contended, in respect of the third : ground of appeal, that they had been denied their I rights under section 69 of the Industrial Arbitra- i tion Act. The subsections of this section relevant

to this appeal are as follows:— (3) Where the Commission, in deciding any

industrial matter or dispute, proposes or intends to take into account any matter or information that was not raised before it on the hearing of the industrial matter or dis-

ji pute, the Commission shall notify the parties jl to the hearing and afford them the opportunity

of being heard in relation to that matter or information.

(4) If the Commission proposes to grant relief or redress not sought in the specific claims then before the Commission on the hearing of the industrial matter or dispute the Commission shall, before doing so, notify the parties to the hearing and afford them the opportunity of being heard in relation to the relief or redress proposed to be granted.

The foregoing subsections of the Act impose an obligation on this Commission to itself notify the parties and afford them the opportunity of being heard in relation to any matter where the Com- mission proposes to grant relief or redress not sought in the specific claims, or where the Com-

i mission, in deciding any industrial matter, pro- i poses or intends to take into account any matter

or information that was not raised before it dur- , ing the hearing. This obligation is not fulfilled ! merely by leaving it to the parties to see to what ; extent any decision may have afforded them some I rights under these subsections.

Because of certain developments subsequent to the proceedings on the 23rd November, to which we will later refer, it is not intended to go into

any detail on the various matters raised by the appellants other than to say that we are satisfied that the Commission's obligations to the parties in i respect of section 69 were not adequately fulfilled. Ji

We have not the right under the Act to refer i the matter back to the Commissioner, so for the i reasons briefly stated the appeal must be upheld.

Yesterday the parties were invited to a conference, at which they were advised on the lines along which this decision would be given. This conference was held to see if some arrangements could be made whereby the parties could make full representations to the Commission on any matters on which they may be entitled to make further submissions in accordance with the provisions of section 69, without in any way causing any substantial delay in the finalising of the whole matter. All parties were particularly co-operative in this respect, and all that it is necessary to say about these future arrangements is that on Friday next, the 27th instant, the matter will again come before Commissioner Kelly, and following this further hearing I have no doubt that the whole matter will be quickly resolved.

MR. COMMISSIONER FLANAGAN: In considering the submissions of the appellants, which were directed towards establishing that Mr. Commis- sioner Kelly had acted contrary to the provisions of section 69 of the Industrial Arbitration Act, this being the third ground of the appeal and a matter on which the parties had been requested to address the Commission, I am of the opinion that this ground of the appeal should be dismissed. I have reached this conclusion after a careful study of the transcript of proceedings and cannot agree with the appellants' contention that there was any undue limitation on the exercise of their rights at the speaking to the minutes.

On the question of the alleged failure of the Commissioner to notify the parties in accordance with subsections (3) and (4) of section 69, it cannot be said that the parties were at any time unaware of their rights in this regard, as this matter was freely discussed by the Commissioner and Mr. White at the commencement of the hearing and reported at pages 7, 8 and 9 of the transcript.

MR. COMMISSIONER SCHNAARS: By majority decision the appeal on the third ground is upheld.

Order accordingly.


No. 408 of 1964. Between Hardeman-Monier-Hutcherson and others,

Appellants, and Building Trades Association of Unions of Western Australia (Association of Workers), Respondent.

HAVING heard Mr. S. J. Carter on behalf of the appellants and Mr. J. G. White on behalf of the respondent, the Commission in Court Session, in pursuance of the powers contained in section 108C of the Industrial Arbitration Act, 1912-1963, doth hereby order—

That the appeal herein from the amendment of the Building Trades Award, No. 24 of 1958, as contained in Order No. 125 of 1964 issued by Mr. Commissioner E. R. Kelly on the 15th day of October, 1964, be allowed and that the said order be cancelled.

Dated at Perth this 25th day of November, 1964. By the Commission in Court Session,

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




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

HAVING heard Mr. S. J. Carter on behalf of the appellants and Mr. J. G. White on behalf of the respondents, the Commission in Court Session, in pursuance of the powers contained in section 108C of the Industrial Arbitration Act, 1912-1963, doth hereby order—

That the appeal herein from the amendment of the Engine Driving (Earth Moving and Construction) Award, No. 10 of 1963, as contained in Order No. 122 of 1964i issued by Mr. Commissioner E. R. Kelly on the 15th day of October, 1964, be allowed and that the said order be cancelled.


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



Appellants, and Transport Workers' Union of Australia, Industrial Union of Workers, West- ern Australian Branch, Respondent.

HAVING heard Mr. S. J. Carter on behalf of the appellants and Mr. J. G. White on behalf of the respondent, the Commission in Court Session, in pursuance of the powers contained in section 108C of the Industrial Arbitration Act, 1912-1963, doth hereby order—

That the appeal herein from the amendment of the Transport Workers (General) Award, No. 10 of 1961, as contained in Order No. 130 of 1964 issued by Mr. Commissioner E. R. Kelly on the 15th day of October, 1964, be allowed and that the said order be cancelled.


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

AWARDS-Delivered— CATERING.

(Restaurants and Tearooms—South West Land Division.)


No. 28 of 1959. Between the Hotel, Club, Caterers, Tearoom and

Restaurant Employees' Industrial Union of Workers, Perth, Applicant, and Bunbury Cafe Co., Bunbury; Monte Carlo Cafe, Bunbury and others (as per Schedule "A" attached hereto), 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 said reference of industrial dispute was allocated by the Chief Industrial Commissioner to Commissioner E. R. Kelly; and whereas the parties subsequently met and conferred and have arrived at agreement on all matters in difference; and whereas the parties have this day appeared before the said Commissioner by their respective representatives and requested the said Commissioner to make the said agreement an award of the Commission: Now, therefore, the said Commissioner, pursuant to section 65 of the 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 "Restaurant, Tearoom and Catering Workers' (South-West Land Division) Award, 1964" and replaces Award No. 72 of 1947 as amended.

2.—Arr angem en!. 1. Title. 2. Arrangement. 3. Area. 4. Scope. 5. Term. 6. Definitions. 7. Hours. 8. Spread of Shifts. 9. Breaks in Shifts.

10. Meal Time. 11. Night Work. 12. Saturday and Sunday Work. 13. Casual Workers. 14. Part-time Workers. 15. Wages. 16. Junior Workers. 17. Board. 18. Overtime. 19. Weekly Wage. 20. Roster. 21. Record. 22. Holidays. 23. Annual Leave. 24. Absence through Sickness. 25. Uniforms. 26. Change and Rest Rooms. 27. Higher Duties. 28. Climbing Ladders and Cleaning of Pubhe

Lavatories. 29. Junior Worker's Certificate. 30. Board of Reference. 31. Breakdowns. 32. Under-rate Workers. 33. Long Service Leave. 34. Liberty to Apply.

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

prised within the South-West Land Division of the State of Western Australia excluding the area comprised within a radius of twenty miles from the General Post Office, Perth.


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

in restaurants and/or tearooms as defined herein and as carried on by the respondents hereto, and who are engaged in any of the classifications described in clause 15.

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

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

6.—Definitions. (1) "Restaurant and/or tearoom" means any

meal room, grill room, coffee shop, tea shop, oyster shop, fish cafe, cafeteria, or hamburger shop and includes any place, building or part thereof, stand, stall, tent, vehicle or boat in or from which food is sold or served for consumption on the premises and includes catering establishments.

(2) "Catering establishments" shall mean any person, firm or company who provides meals and/or light refreshments for weddings, parties, dances, race courses, sports grounds and the like.

(3) For the purpose of this award the term "barmaid" or "barman" means any worker over the age of twenty-one years who serves behind a bar counter liquor for sale by retail in any establishment permitted to retail liquor under a licence.

7.-—Eours. (1) The ordinary hours of work for all workers

shall not exceed forty per week. Subject to subclause (4) hereof such ordinary hours shall be worked in not more than five and a half days and within the spread referred to in clause 8.

(2) The half day off shall, if taken in the morning terminate at 2 p.m. in which case ordinary time worked after 2 p.m. on such day shall not exceed four and a half hours, and, if taken in the afternoon shall commence at 2 p.m., or after not more than four and a half hours' work at ordinary time, whichever is the earliest.

(3) No junior female worker shall be employed after 8 p.m. without permission in writing from one of the parents or guardians of such junior worker.

(4) In establishments which do not open for business before 6 p.m. the ordinary hours of forty per week may be worked over six consecutive days in each week, provided that the ordinary hours in one of such working days does not exceed four and a half hours.

(5) If any worker is at liberty to leave the premises of the employer for any time not less than half an hour, but elects to remain thereon, such time shall not be included in the working time.

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

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

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

(3) The weekly spread of shifts for ordinary hours shall not exceed sixty.

(4) The daily spread of shifts for ordinary hours shall not exceed eleven except in respect of catering establishments where such spread may be extended to twelve hours.

9.—Breaks in Shift. In addition to breaks for meals of not less than

half an hour each nor more than one hour each there shall be not more than one other break in each shift. Such break may include a meal break.

10.—Meal Time. No worker shall be required to work for more

than five and a half hours without a break for a meal. Such break shall be not less than one half hour nor more than one hour.

11.—Night Work. (1) Workers employed on any shift where the

ordinary hours of duty extend beyond 8 p.m. shall be paid an extra five per cent, for each shift so worked.

(2) Workers employed on any shift where the ordinary hours of duty extend beyond midnight shall be paid an extra ten per cent, for each shift so worked.

(3) This clause shall not apply to casual or part-time workers, or to Saturday and Sunday work.

12.—Saturday and Sunday Work. (1) All ordinary hours of work on Saturdays

shall be paid at the rate of ordinary time plus twenty-five per cent.

(2) All ordinary hours of work on Sundays shall be paid at the rate of ordinary time plus fifty per cent.

(3) The foregoing penalties shall be in substitution for night work penalties where the latter would otherwise have application, and shall not apply to casual or part-time workers.

13.—Casual Workers. (1) "Casual worker" means a worker engaged

on an hourly contract of service, who works less than fifteen hours in any one week, or who works at racecourses, shows or sports grounds.

(2) Casual workers shall be paid at the rate of time and a half.

(3) At racecourses, shows or sports grounds, the minimum engagement shall be six hours.

(4) The time for casual workers at outside jobs shall count from the time appointed for their attendance on the job until they are discharged.

(5) The wages payable to a casual worker (on an outside job) shall be handed to the worker immediately on completion of the engagement or if impracticable shall be forwarded to the worker within forty-eight hours of completion of the week in which such worker was employed.

(6) Liberty is reserved to either part to apply for a variation of subclause (3) hereof in the event of an amendment to Award No. 7 of 1961 as amended on the same matters.

14.—Part-time Workers. (1) "Part-time worker" means a worker en-

gaged on an hourly contract of service who works fifteen hours or more, but less than forty hours in any one week. This shall not apply to workers employed at racecourses, shows or sports grounds.

(2) A part-time worker shall be paid at the rate of time and a quarter.

(3) Part-time workers shall not be engaged for less than three consecutive hours.


15.-—Wages. Males Females

Per Week. Per Week. £ s. d. £ s. d.

(1) Basic Wage 15 11 2 11 13 5 (2) Adult Workers:

Margins. Males. Females.

£ s, d. £ s. d. Cooks — In establish-

ments where three or more cooks are employed—

First cook 4 2 0 4 2 0 Second cook 2 16 0 2 16 0 Third cook 2 10 0 2 10 0 Other cooks 2 10 0 2 10 0

Where two cooks are employed—

First cook 3 5 6 3 5 6 Second cook 2 13 0 2 13 0

Where only one cook is employed 3 2 6 3 2 6

Waiter, and/or steward 1 8 6 — Dining room cleaner .... 1 8 6 — Kitchenman, pantryman,

seulleryman, yard- man, handyman, general hand and unspecified workers 1 1 0 —

Kitchen charge-hand in tearoom — 1 11 0

Counterhand — 1 8 6 Waitress — 1 8 6 Kitchenmaid, pantry-

maid, scullerymaid. cleaner, general hand and unspecified workers — 1 6 0

Barmen 3 10 0 — Barmaids — 7 7 9

(3) Provided that, in respect of any basic wage variations which may occur from time to time, the margins prescribed for barmaids shall be increased or decreased by the amount required to enable the total wage prescribed for barmaids to increase or decrease by the same amount that the basic wage for barmen is increased or decreased as a result of such variation, in order that the rates for barmaids and barmen shall remain equal.

(4) Notwithstanding the provisions of subelause (2) hereof a worker who has had less than two weeks' experience as a barman or barmaid shall be entitled to receive only an amount equal to the male basic wage.

(5) Junior Workers (including car-hops): Per Cent, of Per Cent, of

Male Female Basic Wage Basic Wage Per Week. Per Week.

% % Under 16 years of

age 40 49 16 to 17 years of

age 60 60 17 to 18 years of

age 85 75 Over 18 years of

age Adult rates. (2)—90499

(6) Liberty is reserved to the parties to apply to amend this clause in the light of the experience of three months of its operation.

16.—Junior Workers. (1) Junior workers may be employed in the pro-

portion of one junior to every one adult worker employed. This proportion shall not apply in respect of car-hops employed at "drive-in- theatres".

(2) Liberty is reserved to the parties to apply to amend this clause in the light of the experience of three months of its operation.

17.—Board. (1) No worker shall be compelled to board on

the employer's premises and no employer shall be compelled to board a worker, but where by mutual consent board is provided, the employer shall be entitled to deduct in respect of all workers the following amount:—

For full board of twenty-one meals per week—an amount equal to twenty per cent, of the male basic wage.

(2) Where, by mutual consent, full board is not provided, the deductions referred to in subelause (1) hereof shall be reduced proportionately.

(3) The consent referred to in (2) hereof shall only be cancelled or varied by the giving of one week's notice, provided that no deduction shall be made for any meal on the worker's day or days off, without such worker's written consent.

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

vided in clause 8 or beyond eight hours in any one day or beyond forty hours in any one week, shall be deemed overtime.

(2) Overtime shall be paid for at the rate of time and a half, provided that any overtime in excess of four hours in any one week shall be paid for at the rate of double time.

(3) Notwithstanding anything contained in this award—

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

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

19.—Weekly Wage. (1) Wages shall be paid at least weekly. No

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

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

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

754 1 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [2 December, 1964.

(3) Except for casual workers and part-time workers the contract of service shall be on a weekly basis: Provided that one day's notice of termination of service may be given on either side, or one day's pay in lieu of same.

20.—Roster. (1) A roster of the working hours shall be

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

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

each day and the breaks in shifts to be taken.

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

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

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

(5) The provisions of this clause shall only apply to "caterers" in respect of full-time workers.

21.—Records. (1) The employer shall keep, or cause to be kept

on his business premises, or at each of them if more than one, a time and wages book wherein shall be entered the name, occupation, and in the case of junior workers, the age on his or her last birthday, the time he or she commences and finishes work each day, the total hours worked each week, and the wages paid to each worker.

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

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

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

(5) The book shall be open for inspection at a convenient place on the premises of the employer by an accredited representative of the union on days other than Saturday and Sunday, between the hours of 9 a.m. and 5 p.m. (except from 12 noon to 2 p.m.) except in the case of establishments which are open only after 5 p.m., when the book shall be open for inspection during all working- hours.

22.—Holidays. (1) The following days shall be observed as holi-

days without deduction of pay:— New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Labour Day, State Foundation Day, Christmas Day or Boxing Day: Provided that all work done on any such days shall be paid for at the rate of double time.

(2) On any public holiday not referred to herein, the employer's establishment or place of business may be closed, in which case a worker need not present himself for duty, and payment may be deducted, but if work be done ordinary rates of pay shall apply.

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

23.—Annual Leave. <M.) 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) 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.

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

(5) In the event of a worker being employed by an employer for portion only of a year, he shall only be entitled, subject to subclause (3) of this clause to such leave on full pay as is proportionate to his length of service during that period with such employer, and if such leave is not equal to the leave given to the other workers he shall not be entitled to work or pay whilst the other workers of such employer are on leave on full pay.

(6) (a) 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.

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

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

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

2 December, 1964,] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 755

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

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

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

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

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

(7) Sick leave shall accumulate from year to year so that any balance of the period specified in subclause (1) of this clause which has in any year not been allowed to any worker by his employer as paid sick leave may be claimed by the worker and subject to the conditions hereinbefore prescribed shall be allowed by his employer in any subsequent year without diminution of the sick leave prescribed in respect of that year: Provided that sick leave which accumulates pursuant to this subclause shall be available to the worker for a period of two years but no longer from the end of the year in which it accrues.

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

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

shall be supplied, laundered, and remain the property of the employer, provided that in lieu of the employer laundering same, the worker shall be paid three shillings per week for such laundering.

26.—Change and Rest Rooms. Adequate change and rest rooms shall be pro-

vided by the employer where such are reasonably practicable.

27.—Higher Duties. Any worker performing work for more than two

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

28.—Climbing Ladders and Cleaning of Public Lavatories.

(1) No female worker shall be permitted or compelled to climb ladders for the purpose of cleaning electric fans, fanlights, walls or windows.

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

29.—Junior Workers' Certificate. (1) Junior workers upon being engaged shall

furnish the employer with a certificate containing the following particulars:—

(a) Name in full. (b) Age and date of birth. (c) Name of each previous employer. (d) Class of work performed for each previous

employer. (21 No worker shall have any claim upon an

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

30.—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 Refer-ence.

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

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

32.—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 rate.

33.—Long Service Leave. The long service leave clause contained in

Volume 44 of the Western Australian Industrial Gazette at pages 606 to 612 both inclusive will apply to all workers covered by this award. Pro- vided that all references in this clause to 1st April, 1958, in respect of workers other than workers who were covered by award No. 72 of 1947 as amended shall be deemed to read 24th December, 1958.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [2 December, 1964. 756

34.—Liberty to Apply. Liberty to apply to amend this award is reserved

to the union to include a clause "Preference to Unionists", such liberty to apply to amend to be exercised by the union as and when it considers convenient and necessary-

Schedule "A". Respondents.

P. T. Ward, Coronation Tea Rooms, Boyup Brook. Victoria Tea Rooms, Bunbury. Rex Cafe, Bunbury. R. J. Thom, Busselton. H. E. Little, Boronia Tea Rooms, Collie. Piccadilly Cafe, Geraldton. Rivers Cafe, Katanning. Comer Tea Rooms, Mandurah. P. P. Anderson, Manjimup. Cabin Tea Rooms, Narrogin. A. Michta, Northam. Piccadilly Cafe, Wagin. Forrest Drive-In Theatre Pty. Ltd., Bunbury.

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 18th day of November, 1964. (Sgd.) E. R. KELLY,

[L.S.l Commissioner.

Piled at my office this 18th day of November, 1964.

(Sgd.) R. BOWYER, Registrar.

FIRE BRIGADE EMPLOYEES. BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION. No. 5 of 1964.

Between The Fire Brigade Employees' Industrial Union of Workers (Coastal Districts) of Western Australia, Applicant, and The West- ern Australian Fire Brigades Board, Respon-

Before Mr. Commissioner D. E. Cort. The 11th day of November, 1964.

Judgment. THE COMMISSIONER: The parties to this reference of industrial dispute have reached agreement generally speaking on the various clauses to be inserted in the new award. However, agreement was not possible as to rates of pay, including the rates to be prescribed to compensate firemen for being on duty at night, on Saturday and Sun- day and for working a fifty-six hour week, and in respect of several other matters.

Before dealing with rates of pay I will refer briefly to those several other matters at the same time drawing the attention of the parties to their rights under section 69 of the Act, which rights may be exercised at the speaking to the minutes.

8.—Special Allowances and Conditions. I have included several matters in this clause

which had previously appeared under various headings. By doing so it is not intended to alter the application of those clauses.

As to driving allowances. I feel it would have been preferable to exclude all separate allowances because of the structure of the wages clause. That clause grants additional margins to the more experienced firemen who would be more likely to do the work involved and each man is trained to become competent. However, as the parties have agreed to continue an additional amount for workers driving running Are appliances, the present allowance has been continued, but at a higher rate, as I regard it as being marginal in character requiring the application of the 1960 and 1903 "wage formulae" which were otherwise applied to workers under this award.

I see no reason why a fireman should not be given time to clean up after a fire call if the circumstances of that call reasonably require a period of time to be so allowed and the subclause has been worded accordingly.

12.—Overtime. In view of the method adopted to calculate a

fireman's entitlement to wages when he is absent from work and has pay deducted, I do not consider the existing method of calculating overtime unreasonable particularly when it is borne in mind the wage prescribed includes some compensation for work at night, on Saturday and Sunday and for working a fifty-six hour week.

13.—Relieving. The applicant union sought a reduction from

three months to six weeks in the maximum period for relieving but agreed that in some eases three months may be a reasonable period. An exhibit put in by the employer indicates that periods of relief up to three months are comparatively rare and are occasioned by the granting of long service leave. In these circumstances I feel the existing provision should continue but the second subclause has been deleted as the method adopted of rostering men is causing no difficulty. The parties will be better able to adjust any domestic matters which may arise from time to time without being limited by this award provision which might otherwise have prevented a solution of any problem. In the event of a disagreement arising the Com- mission is available to assist in settling the matter.

14.-—Transfers. The regulations to the Fire Brigades Act pro-

vide for the payment of reasonable expenses and I see no reason why the award should limit in any way the application of that wording.

15.—Living Away from Home Allowance. Where relieving firemen are required to live

away from home, the general practice has been for them to live at the particular fire station and to be paid a daily allowance. The applicant union claims it is more desirable for men to be provided with bed and breakfast at an approved hotel (or be paid an amount in lieu thereof) and to be paid an allowance for the other meals involved whilst the Board feels that the existing practice should continue particularly as a fireman must, in any event, sleep and eat at the station for portion of the period during which he is relieving.

Generally speaking, when a worker is sent away from home his employer should supply him with suitable board and lodging and I see no reason why a fireman should be treated differently. In many cases it is no doubt convenient to all concerned for the fireman to sleep and eat at the station but I do not consider he should be required


to stay at a station which does not contain reasonable facilities, available to him, for storing and cooking food or at a station at which the routine places onerous conditions upon him during his off duty hours.

It would appear from previous awards, however, that the daily payment for firemen relieving outside the metropolitan area has included an amount for the inconvenience met in living at a station in addition to compensation for the purchase of meals and I have altered the daily rate to more properly compensate a man for this inconvenience but have provided for the supply of other accommodation if the facilities available at a station are not reasonable.

16.—Relieving an Officer. The existing allowances were fixed in 1959 and

having in mind the matters placed before me as to the responsibilities of firemen relieving and the increases which have generally been granted in allowances (and margins) since 1959, I feel that the amounts in subclause (1) should be increased but I see no reason to substantially change the application of subclause (2).

17.—Annual Leave. The present amount of leave, recently fixed in

the 1963 General Enquiry, remains unaltered as it is reasonable bearing in mind the conditions under which work is performed and the other compensa- tions available to firemen for the hours (and rosters) worked. The thirty-five days' leave will only apply in respect of those years of service completed on or after the 30th November, 1963.

18.—Sick Leave. I have reworded this clause to more properly

state the circumstances under which a medical certificate may be required for an absence of one day. In these circumstances I do not consider that disputes will arise requiring the services of a Board of Reference but if the parties do meet any problems the Commission would be available to assist in their settlement. General.

The clauses covering "Vacancies," "Charges," "Appeal Board," "Definition" and "Board of Refer- ence" have not been included in the proposed award.

I doubt whether this award can give effect to the matters contained in "Vacancies" but in any event it is merely a copy of regulation 104 of the Fire Brigade Act Regulations and therefore its effect will not be lost to these workers. As to "Charges" and "Appeal Board", it would appear that the existing provisions do not reflect all of the matters contained in regulations 135 and 137 of the Fire Brigades Act Regulations and, without determining whether or not any award provision would thereby be ineffective, I feel it more desirable for these matters to be dealt with under those regulations in the manner indicated by Parliament as being desirable.

The "Definition" clause is superfluous particularly with the inclusion of a scope clause and no provision is included in the award which requires the appointment of a Board of Reference. 6.—Rates of Pay.

The union claims that the existing margins for a forty-two (or forty) hour week are sufficient to cover the skill and the normal conditions of work of a fireman but that in addition he should be paid ten per cent, extra for time worked on night

757

shift and fifty per cent, extra for all time worked on a Saturday or Sunday or in excess of forty hours per week. It places little reliance on the awards applicable in other States, which were introduced for my information, but maintains that other workers employed in this State generally receive the payments now sought for firemen.

The employer points out the claim in respect of a fireman (first class) with five years' experience represents an increase of up to about £16 per week contending that the existing marginal rate for such a fireman of £10 13s. (on a fifty-six hour week) and £7 12s. 6d. (on a forty-two hour week) contains sufficient compensation for the skill, the conditions of work, the days upon which work is performed and the hours worked per week.

I feel it is necessary to briefly refer to the history of the fixation of margins for firemen in this State in order that the respective submissions of the parties may be properly considered. This course appears desirable as, broadly, the employer asks that principles previously determined by the Court of Arbitration should be adopted whilst the union claims that those principles either were "bad" or falsely based, that is insofar as the adoption of the Queensland award is concerned. Before dealing with this history I should mention that, in my opinion, the "forty-two hour week margin" contains some compensation for working at night and at weekends. Marginal rates are prescribed to compensate a worker for his skill and to cover the various normal features of his employment being the usual conditions under which he is required to work. For the information of the parties this principle is discussed at a greater length in a decision reported in Volume 44 W.A.I.G. p. 139 at pages 144-6. To come to a contrary conclusion would be to determine that in the past the Court of Arbitration had ignored a normal feature of the employment and had granted no compensation for night or weekend work.

The following review is commenced in 1937 because of the significance of that year in wage decisions of the industrial tribunal in this State (and at least in some other States) and the classification taken is that for a fireman (first class) with more than five years' experience.

Date Margin Reference 84 Hr. Wk.

& s. d. 28/6/1037 A "ward ! 2 6

56 Hr. Wk. £ s. d.

28/5/1946 Amendment .... 1 2 6 21/2/1949 do. 2 0 0 14/7/1950 do. 3 0 0 4/11/1955 do. 4 0 0

56 Hr. 42 or 40 Wk. Hr. Wk.

£ s. d. £ s. d. 1/7/1957 Award 5 16 0 3 5 3 ,

3/10/1958 Amendment .. 6 18 3 4 10 0 38 W.A.I.G. p. 8/12/1959 do. 7 12 0 5 1 0 39 W.A.I.G. p. 2/12/1960 Award 8 19 10 (5 4 0 14/6/1963 Amendment .. 9 17 0 6 18 6 16/8/1963 do. 10 13 0 7 12 6

The showing of a reference indicates a decision by the Court of Arbitration but no reasons for decision are reported in the 1937 Industrial Gazette. In all other cases the award or amendment was by consent of the parties.

Some comment on the foregoing appears necessary.

(1) Night shift and weekend work has always been performed being virtually unchanged in its incidence since 1946.

758

(2) The introduction of the forty-hour week in industry generally in 1948 did not bring about an immediate change in the marginal rate or the hours prescribed for firemen.

(3) A fifty-six hour week is actually worked and the lesser margin shown since 1957 has had no practical application but it does indicate the compensation fixed by the award for working the additional hours.

(4) In addition to the margin a service allowance is also payable. At present this ranges from 5s. to 12s. 6d. per week.

(5) It will be noticed that particularly in the last eight years the margin for a fireman has increased considerably.

(6) In 1958 the parties based their respective submissions to the Court on a comparison with rates payable in other States it being shown that the duties in this State were similar in all respects with those in the other States. The Court decided to follow the Queensland award apparently because in the 1936 proceedings it had been submitted that the Queensland award was the most appropriate to be used as a guide. The Queensland award prescribed a forty-hour week and it was then necessary to fix the additional amount to be prescribed for the fifty-six hour week worked in this State. To do this the Court considered the basis felt to be proper by the parties in the original award the President stating: "I consider that this Court must treat that difference as a real approximation to the proper compensation for the additional hours and that we are therefore bound to award an hourly rate not appreciably lower than that already assessed by the parties and confirmed by this Court. I would take a rate equal to thirty-three and one- third per cent, of the ordinary hourly rate as the proper hourly rate for the additional hours".

(7) In 1959 the Court accepted the Union's submission that the margins in Queensland had been used previously as the basis for the margins in this State and allowed the claim to bring the margins into line with those prescribed in Queensland.

This history indicates that for many years the Queensland award has been adopted as a guide for fixing margins and that from time to time the Union has used it to obtain increased margins either by order of the Court or by agreement with the employer.

In this matter the Union claims the Queensland award, to which the 1958 decision of the Court was related, was falsely based or, in other words, that the Court would not have used that award if it had been aware of certain alleged "defects" in the decision. I am in no position to state that the Court in 1958 was not fully aware of the background to the Queensland award but, in any event, later awards have been issued in that State and it is the current Queensland award which caused the parties to fix the present margin. It must therefore be shown that the current award is now to be considered "defective" for this submission of the Union to carry any weight. However, I should make it clear that an award applicable in another State should not be applied automatically in this State but if the industrial tribunal in another State fixes a margin on principles acceptable to this Commission that margin is a guide to the fixation of a margin in this State, more particularly if it has been adopted by the Court and the parties for many years.

In respect of the additional amount fixed for a fifty-six hour week, the Court, in the 1958 application to amend, followed the broad principles determined by the parties in the 1957 consent award but did not otherwise purport to fix a just and reasonable allowance.

The margin for skill, including the allowance for night and weekend work, (i.e., shift wox-k) and the service allowance for a fireman with more than five years' experience in each of the other States is as follows:—

Forty-hour week basis:— W.A. Queensland N.S.W. Vic.

£ s. d. £ s. d. £ s. d. £ s. d. 5 16 0 5 16 6 3 11 0 3 3 6 7 12 6 7 12 6 970 900

5 0 13 to to

12 6 5 0 Fifty-six hour week basis:—

W.A. South Tas- Australia mania

£ s. d. £ s. d. £ 8. d. 7 12 0 .... 5 17 0

2 3 0 3 0 6 .... 2 19 6

10 13 0 69 6 10 19 6 and

6 15 0 5 0 2 6 3 0 to to to

12 6 20 0 19 6 plus

It would appear that the loading for shift work and weekend work varies in each State, but, as far as can be ascertained, it ranges from about ten per cent, to about fifteen per cent, in most States. This confirms my view that firemen, because of the hours worked by them including stand by (or passive) time can be distinguished from continuous shift workers who receive the loadings claimed by the union. I would reject the claim for a ten per cent, night shift loading and an additional rate for Saturday and Sunday work but having done so it is necessary to consider whether the present margin of £7 12s. 6d. is fair and reasonable to cover all aspects of the work of a first class fireman with more than five years' service.

The factors which I consider relevant are, in addition to the work required of a trained man, the conditions which may be met by a firefighter, the hours during which the station must be man- ned and the "active and passive time" during those hours and a consideration of past assessments of the Court of Arbitration and the parties as to what has been regarded as a proper marginal rate.

Since 1957 the forty-two (or forty) hour margin for a fireman has increased by a considerably greater amount than that for a fitter but no doubt part of that higher increase has been caused by the fact that the "shift loading" included therein would increase not only because of marginal changes but because of basic wage alterations. There is no doubt that the margin for a fireman should vary with any changes in "skill" or when marginal rates generally are altered or when the total wage alters to such an extent that the loading for "shift work" included in the margin loses its value.

In this respect the skill of a fireman has not changed and the margins in this industry have been increased following general marginal adjustments. Some marginal adjustment would

Margin, etc Shift Work Allow-

ance .... Total Service Allowance

Margin, etc Shift Work Allowance .... Allowance for Additional

Hours Total

Service Allowance


appear to be necessary to compensate for the change which has occurred in the total wage, that is to the extent an amount is included in the margin to compensate a worker for weekend and shift work for if an "all in margin" were not prescribed, some adjustment would have been made to the loading by reason of the change in the basic wage. This loading is not discernible but I note that the Queensland wage v/as last fixed when the basic wage was £14 6s. It would appear that the Court and the parties have overlooked the difference between the "total wage" in this State and in Queens- land at the time of the marginal fixation and in doing so did not properly compensate a fireman in this State for working shifts. I would therefore increase all margins, except that for a probationary fireman, by three shillings per week being a percentage, between the ten and fifteen per cent, referred to earlier, of the difference between the Queensland basic wage of £14 6s. and the basic wage now payable in this State.

A margin of £7 ISs. 6d, for the work involved, in all its aspects. Is not, in my opinion, unreasonable, A tradesman, to whom reference was made by the union, in receipt of £2 9s. 6d. extra per week for shift work would be in receipt of a loading of about twelve per cent., although I am not to be taken as determining that the "skill" of a fireman is comparable with that of a,tradesman. However this calculation does indicate that the new margin compares favourably with that applicable in the other States bearing in mind the service allowance also payable and the general conditions otherwise applicable in this State.

The next matter to be determined is the amount to be added to the margin of £7 15s. 6d. in respect of the rostering of firemen for an average of fifty- six hours per week.

Firstly I should indicate that I do not regard the 1958 decision of the Court in determining a rate equal to thirty-three and one-third per cent, as necessarily reflecting its views as to a proper basis of fixation. The Court considered the agreement of the parties as to what was felt by them to be fair and reasonable and in order to adjust the fifty-six hour week margin to movements in the forty-two (or forty) hour total wage fixed that percentage to give a proper adjustment.

If the method adopted in 1958 were now applied the margin for a first class fireman after five years' experience should be now fixed at £10 17s. 9d. per week or an increase of 4s. 9d. including the three- shillings referred to above.

The union claims that all time rostered in excess of forty hours per week should be paid at the rate of time and a half pointing out that time spent standing by in at least some other industries is paid for at ordinary rates as against one-third of the ordinary rates in this industry. However, this industry should be distinguished from others because of its special features, which features were no doubt recognised by the parties iri 1957 when the basis of compensation for this extra period was first fixed. I mention some of these features which the parties themselves may have considered relevant.

(1) The hours rostered in excess of forty-two (or forty) per week include meal hours which are not generally recognised as working time, outside ordinary working hours, and certainly not to the extent of one hour.

(2) The marginal rate will be payable during all absences from work when nightshift, weekend work and work in excess of forty hours per week

is not involved. Such absences would, on average, be well in excess of the five weeks prescribed for annual leave each year.

(3) The men involved prefer a fifty-six hour week roster with its higher wage and whilst this roster has certain advantages as far as the employer is concerned, the union also desires it to be continued.

If an adjustment is made for the first two factors referred to above, the period involved must be reduced to less than nine hours (as against sixteen). It should not be overlooked that in the ordinary hours are included paid meal breaks of one hour but subject to possible interference, as against paid bleaks of twenty minutes in shift work industries and unpaid breaks in other industries whilst the time involved would be mainly standby time during which a fireman may be able to sleep. Taking all matters into consideration I feel the allowance for a first class fireman with more than five years' experience should be increased to £3 10s. per week which represents a rate equivalent to "thirty-seven and a half per cent, of the ordinary hourly rate being in excess of the thirty-three and one-third per cent, which the Court regarded as the proper percentage of the hourly rate having in mind the approach of the parties to this question in 1957.

The margin for a fifty-six hour week for the classification under discussion will be £11 5s. 6d. per week. If the above calculation is applied to the rates fixed in the other States (New South Wales. Victoria and Queensland) for a forty-hour week and an average of the fifty-six hour week margin in all States (including also South Aus- tralia and Tasmania) is then taken, it will be found to be about £10 17s. It should be borne in mind that the West Australian fireman receives a service allowance generally higher than that paid to his counterpart employed elsewhere in Australia. This broad comparison indicates that taking into account the roster preferred in this State, the margin now fixed is not unreasonable.


No. 5 of 1964. Between The Fire Brigade Employees' Industrial

Union of Workers (Coastal Districts) of West- ern Australia, Applicant, and The Western Australian Fire Brigades Board, Respondent.

COMMISSIONER D. E. CORT, in pursuance of the powers and jurisdiction conferred upon him by section 50 of the Industrial Arbitration Act, 1912- 1963, and in pursuance of an allocation to him by the Chief Industrial Commissioner, doth hereby make the following award in connection with the industrial dispute between the abovenamed parties.

Award. 1.—Title.

This award shall be known as the "Fire Brigade Employees' Award", and replaces award No. 17 of 1960 as amended.

2,— 1. Title. 2. Arrangement 3. Scope. 4. Area. 5. Term.


6. Rates of Pay. 7. Service Allowance. 8. Special Allowances and Conditions. 9. Hours of Duty.

10. Meal Hour. 11. Emergency Calls. 12. Overtime. 13. Relieving. 14. Transfers. 15. Living Away from Home and Meal Allow-

ances. 16. Relieving an Officer. 17. Annual Leave. 18. Sick Leave. 19. Accident Pay. 20. Uniforms. 21. Payment of Wages. 22. Membership of Union. 23. Seniority. 24. Charges Against Employees. 25. Appeal Board.

3.—Scope. This award shall apply to firemen employed by

The Western Australian Fire Brigades Board provided that nothing herein contained shall apply to auxiliary firemen who may be employed under the conditions laid down from time to time in the rules and regulations issued under the provisions of the Fire Brigades Act.

4.—Area. This award shall operate throughout the whole

of the State of Western Australia.

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

three years from the date hereof.

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

covered by this award shall be as follows:— Per Week.

£ s. d. (1) Basic Wage 15 11 2

Margin Over Basic Wage.

Per Week Per Week of Fifty- of Forty six Hours. Hours.

(2) Classification— £ s. d. £ s. d. (a) Fireman—Probation-

ary 7 2 0 4 3 0 (b) Fireman—Third Class 8 3 0 5 1 0 (c) Fireman—Second

Class 8 18 0 5 14 0 (d) Fireman—First

Class— (i) With less than five

years' experience as a fireman 9 16 0 6 10 0

(ii) With five or more years' experience as a fireman 11 5 6 7 15 6

(e) Fireman—Senior .... 12 13 0 8 19 6 (3) A fireman shall be eligible for promotion to

second class after the completion of twelve months' service as third class, which shall include the two months' service as a probationer, and to first class after twelve months' service as second class. Pro- vided that no fireman eligible by length of service

for promotion to a higher class, shall be so promoted unless he be certified as competent by the Chief Officer and recommended for such promotion.

(4) Where less than a full week is worked, a worker shall be paid for each day on duty at the rate of one-seventh of the amount due under subclauses (1) and (2) hereof together with such further amounts (if any) otherwise due and payable under this award.

7.—Service Allowance. After five years' service a worker shall be paid

a long service allowance of five shillings per week. After ten years' service an additional allowance of two shillings and sixpence per week; after fifteen years' service a further two shillings and sixpence per week, and after twenty years' service a further additional allowance of two shillings and sixpence per week shall also be paid.

8.—Special Allowances and Conditions. (1) Goldfields Allowance.

A worker employed at Kalgoorlie or Boulder shall receive an allowance of two shillings and fourpence per week.

(2) Driving Allowances. (a) A worker who is rostered or called

upon to drive running fire appliances at any of the Board's stations shall be paid one shilling and sixpence per shift in addition to the ordinary rate of pay.

(b) A worker whilst engaged in driving on journeys extending beyond twenty- four hours shall be paid twenty shillings per day in addition to the ordinary rate of pay and in such cases no overtime shall be paid. Such a worker shall also be entitled to the daily allowance prescribed in clause 15 (1) hereof.

(3) Bedding. All beds and bedding requirements, includ-

ing mattress covers, and replacements thereof due to fair wear and tear, shall be provided by the employer.

(4) Cleaning After Fire Call. If necessary reasonable time not exceeding

thirty minutes shall be allowed to a worker for cleaning (including any changing in connection therewith) after the completion of duties on the return from a fire call and prior to leaving the Station provided that he shall see that the time of his departure from the Station is recorded in the Occurrence Book, and also that he submits a claim on the form provided for the purpose.

(5) Wet Clothing. Where possible an opportunity shall be given

to a worker to change into dry clothing where his uniform has become wet.

(6) Off-Duty Restrictions. Except as provided in clause 11 of this awau'd,

no restriction shall be placed on any worker who is off duty as to his place of residence, duty, or otherwise.

(7) Watchroom Duty. Watchroom duty shall be performed by fire-

men as directed by the Chief Officer.


9.—Hours of Duty. (1) The hours of duty shall be worked on a sys-

tem of three shifts by workers known as the "A" platoon, the "B" platoon, and the "C" platoon and each platoon shall perform an average weekly tour of duty of fifty-six hours over a period or cycle of six weeks. A probationary fireman shall not be drafted to a platoon nor be called upon to attend at the station on Saturdays, Sundays, or gazetted public holidays.

(2) (a) The twenty-four hour daily tour of duty shall be performed by two of the three platoons, as under:—

Day Shift: 8 a.m. to 6 p.m. on the same day. Night Shift: 6 p.m. to 8 a.m. on the following

day. (b) The platoon rostered for duty on the day

shift shall assume duty on the station at 8 a.m. and remain on duty until 6 p.m. on the same day, and the platoon rostered for duty on the night shift shall assume duty on the station at 6 p.m. and remain on duty until 8 a.m. on the following morning.

(c) Each platoon shall, in rotation, work two consecutive day shifts and two consecutive night shifts in a period or cycle or six days.

(d) Each platoon shall, in rotation, be off duty except as provided in clauses 11 and 12 for twenty- four hours between the conclusion of the second day shift and the commencement of the first night shift and, except as provided in clauses 11 and 12, for forty-eight hours between the conclusion of the second night shift and the commencement of first day shift of the second six-day cycle.

(3) Notwithstanding anything contained herein a worker may, for the efficient working of the service, be required to change from one platoon to another.

(4) (a) Day Shift.—Except as hereinafter provided all routine duties and drills shall be performed between the hours of 8 a.m. and 4 p.m. and the platoon shall stand by on the station for fire calls from 4 p.m. to 6 p.m.

(b) Night Shift.—The platoon shall stand by on the station for fire calls from 6 p.m. to 8 a.m. on the following morning. The bells shall be rung at 7.15 a.m.

(5) Notwithstanding anything contained herein a worker while on standby duty at the station, may be called upon to perform any of the following duties:—

(i) Watchroom duty. (ii) Any work incidental to a fire call or

emergency call for special services ordinarily performed by firemen.

(iii) Station domestic work. (iv) The manning and driving of any of the

employer's motor vehicles. (v) Work of an urgent nature incidental to a

breakdown of fire alarms, fire appliances or equipment; provided that if work of this nature extends beyond one hour, a penalty rate of two shillings an hour in addition to the ordinary rate shall be paid.

(vi) Drill under night conditions for an aggregate period of not more than six hours per year.

(6) On Saturdays after twelve noon, on Sun- days, and on all gazetted public holidays, firemen shall not engage on work other than that specified in subclause (5) hereof.

10.—Meal Hour. (1) One hour shall be allowed for each meal

which shall be taken on the home station. (2) Where a worker is on out-duty the meal hour,

as far as is practicable, shall be taken on the home station between 11.30 a.m. and 2.30 p.m.

11.—Emergency Calls. If any worker, while off duty, is called upon to

work outside his platoon hours, he shall be paid at the rate of time and one half from the time the call is received, if he reports for duty within thirty minutes after the receipt of such call, until the time he signs off at the station. The minimum payment under this clause shall be for a period of three hours.

12.—Overtime. Except as otherwise provided herein any work

done outside the platoon hours, including travelling within the Metropolitan Fire District, shall be paid for at the rate of time and a half. For the purposes of this clause overtime shall be calculated on the wage prescribed for a fifty-six hour week but on. the basis of working only a forty-eight hour week.

13.—Relieving. Any worker, stationed in the Metropolitan Fire

District, who is required to take up duty outside such district for a period of three months or less shall be regarded as "relieving" and shall be entitled to the allowance provided in subclause (1) of clause 15.

14.—Transfers. (1) When a worker is transferred from one sta-

tion to another, he shall be paid all reasonable expenses, including rail fares and sleepers, if applicable, for himself, his wife and for all children under sixteen years of age, irrespective of his mode of transport.

(2) The Board shall not be liable for, and shall be indemnified against, any claims for accidents in the case of a cash payment when the travel is by private transport.

(3) This clause shall not aply in cases where a worker is transferred from one station to another as a punishment.

15.—Living Away from Home and Meal Allowances.

(1) A fireman relieving at any station, outside the Metropolitan Fire District and which has available reasonable cooking and food storage facilities, shall be paid an allowance of twenty-nine shillings per day. Where a fireman relieves at a station without the aforesaid facilities he shall be provided •with suitable lodging at the employer's expense and in addition thereto be paid a meal allowance, at the rate prescribed in subclause (2) hereof, for each meal necessarily incurred.

(2) Unless notified on the previous day, a worker, relieving away from his home station, shall be allowed six shillings and sixpence for each meal necessarily incurred, provided that this subclause shall not apply where the worker is paid the allowance under subclause (1) hereof.

[2 December, 1964.

Provided further that in no case shall the worker be entitled to the allowance as aforesaid for more than the first day of any period of relieving.

16.—Relieving an Officer. (1) In addition to his ordinary pay and to any

amounts otherwise due and payable under this award, the senior worker on each shift shall receive a responsibility allowance at the rate of—

(a) Twenty shillings per week in the country. <b) Seven shillings and sixpence per week in

the Metropolitan Fire District (excluding the Perth and Fremantle Fire stations.)

(2) A fireman at either of the Perth or Fre- mantle fire stations who, in the absence of an officer, is the senior man in charge of an appliance when it is taken from the station for fire fighting purposes, or for backing up at another station where there is no officer in attendance, shall be paid an additional one shilling per hour with a minimum payment of two shillings for the time he is in charge of such appliance. This allowance shall also be paid at Fremantle to a senior man left in charge of a crew at the station when there is no officer available because of fire calls.

17.—Annual Leave. (1) Each worker shall be entitled to thirty-five

days' annual leave on full pay for each year of service.

(2) After one month's continuous service in any year of service a worker whose employment terminates for reasons other than misconduct, shall be entitled to a pro rata allowance for each completed month of service in that year of service.

18.—Sick Leave. (1) (a) A worker shall be entitled to payment

for non-attendance on the ground of personal ill- health for one sixth of a week's pay for each completed month of service.

(b) The liability of the employer shall in no case exceed two weeks' wages during each calendar year in respect of each worker but the sick leave herein provided shall be allowed to accumulate and any portion unused in any year may be availed of in the next or any succeeding year.

(c) 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 where the worker is entitled to compensation under the Workers' Compensation Act, 1912-1963.

(3) No worker shall be entitled to the benefit of this clause unless he produces proof satisfactory to the employer or his representative of sickness but the employer shall not be entitled to a medical certificate for an absence of one shift unless the worker, at the time of the sickness, has already established a pattern of absence through sickness which would warrant the employer demanding a medical certificate for that absence.

(4) No payment shall be made for any absence due to the worker's own fault, neglect or misconduct, or where the worker does not notify his station of his sickness within four hours of the commencing time of his shift.

19.—Accident Pay. Full pay shall be paid for accidents on duty

whether occasioned incidental to a fire call or not.

20.—Uniforms. All uniforms, as required, shall be supplied by

the employer. 21.—Payment of Wages.

Wages shall be paid weekly.

22.—Membership of Union. Subject to section 6IB of the Industrial Arbitra-

tion Act, every fireman employed as a permanent or probationary fireman must when assuming duty apply for membership in The Fire Brigade Em- ployees' Industrial Union of Workers (Coastal Dis- tricts) of Western Australia and, if elected, remain a member of the Union whilst employed under this award.

23.—Seniority. Seniority shall rank in the following order:—

(1) Senior Fireman. (2) First Class Fireman. (3) Second Class Fireman. (4) Third Class Fireman.

24, —Charges Against Employees. When a worker is suspended or charged and is

summoned to appear before an officer of the Fire Brigades Board to answer a charge, he shall be informed of the particular charge at least forty- eight hours before the hearing thereof, and shall have access to all reports which are put in as evidence against him. He shall have an advocate from the union to assist him. He shall be allowed to call evidence on his behalf, and to hear all evidence against him.

25.—Appeal Board. Every worker shall have the right of appeal from

a decision of the Fire Brigades Board affecting his employment, to an appeal board constituted of one representative of the Fire Brigades Board, one representative of the Union and a stipendiary magis- trate (or some other person appointed by the Com- mission) as chairman.

In witness whereof this award has been signed by the said Commissioner this 13th day of Novem- ber, 1964.

[L.S.] (Sgd.) D. CORT, Commissioner.

NURSES. (Public Hospitals.)

BEFORE THE WESTERN AUSTRALIAN INDUSTRIAL COMMISSION, PERTH.

Mo. 23 of 1963. Between Royal Australian Nursing Federation

(Western Australian Branch) Industrial Union of Workers, Perth, Applicant, and Hon. Minis- ter for Health, Board of Management of Prin- cess Margaret Hospital and Others, Respond- ents.

Before Mr. Commissioner E. R. Kelly. The 26th day of October, 1964.

Judgment. THE COMMISSIONER: This is a reference of industrial dispute in which the Royal Australian Nursing Federation seeks a new award to govern the employment of trained and student nurses employed in public hospitals throughout the State.

2 December, 1964.] WESTERN AUSTRALIAN INDUSTRIAL. GAZETTE. 763

The present award was made by the Court of Arbitration on the 17th September, 1959, after a detailed and thorough investigation of this industry, and except for marginal variations which have been made on several occasions since that date the award is substantially in the form in which it was then made by the court.

As might be expected, the parties were able to reach agreement on the majority of the provisions to be included in the new award and rates of pay was the principal matter in dispute. The hearing on this occasion was again a detailed one and a number of witnesses were called by the Federa- tion and by the advocate for the respondents. In- spections were made at the Royal Perth Hospital and its Shenton Park Annexe, at the Fremantle Hospital and at the Kalgoorlie and Albany District Hospitals.

I will proceed now to deal with the issues in the order in which they are set out in the minutes of the proposed award. Clause 1, Title; Clause 2, Arrangement; Clause 3, Scope; Clause 4, Term; Clause 5, Definitions were all agreed clauses. I have excluded the area clause on which the parties had agreed, as such a clause is unnecessary when the award is to apply to the whole of the State.

Clause 6—Payment of Wages. I have included in this clause the provisions

which previously appeared as preamble to the wages clause. The wages have now been included in a schedule attached to the award.

Clause 7—Average Occupied Beds. The Federation sought an alteration to the exist-

ing clause by which a bed occupied by an out- patient for less than four hours in any day would count as an occupied bed for the purpose of calculating the daily average of occupied beds in a hospital. The daily average of occupied beds is Im- portant from two points of view: Firstly, the salaries of matrons in the smaller hospitals vary according to the bed average, and secondly, the staffing of hospitals depends on the bed average of the hospital concerned. It was not suggested during the proceedings that any Matron was being deprived of a salary to which she was properly entitled because of the present method of calculating bed average and it would seem that even if the claim by the Federation was granted, it would not affect the present salary of any Matron.

The question of the proper staffing of hospitals is essentially one for determination by the hospital authority concernd, and in this regard it is to be noted that the Medical Department has, in the course of recent years, arranged for some of its officers to be given specialised training in organisation and methods techniques and these officers have been engaged for some time on a detailed analysis of the staffing requirements of each hospital. I have no doubt that in assessing the staff requirements, due weight has been given to the amount of time needed to attend to outpatients who are admitted to a bed for a short period and I would assume, in the absence of evidence to the contrary, that even if I granted the claim of the Federation it would have no effect on the staff establishment at any hospital. Furthermore, if outpatients who are admitted to a bed for short periods were to be treated as inpatients, it cbuld affect them detrimentally from a financial point of view. For the foregoing reasons, I am of the

opinion that no advantage to the members of the Federation would accrue from the alteration sought and the claim is therefore refused.

Clause 8—Hours. I have included as subclause (7) the provision

sought by the Federation whereby an employee changing from night duty to day duty, or vice versa, is to be free from duty for a period of twenty hours. This provision, in my opinion, is a reasonable one in this industry and is very largely, if not entirely, observed at the present time. Furthermore, the provision claimed contains adequate safeguards to enable the nursing services to be carried on in the event of emergencies or sickness.

The remainder of the clause was agreed to but it has been re-arranged and in some places re- drafted, and the parties should therefore examine it carefully before the Speaking to the Minutes.

It will be noted that in subclause (16) I have transferred to this clause a provision which previously appeared in the Student Nurses clause.

Clause 9—Overtime. The existing award provides that a Matron of a

country hospital who is required to work unusually long hours by reason of a shortage of staff shall be granted a reasonable allowance in lieu of overtime. The Federation claimed that such an allowance should also be granted if unusually long hours were worked by reason of "prevailing conditions" and evidence was brought to show that there were many factors, apart from staff shortages, which could bring about the necessity for a Matron in a country hospital to work unusually long hours.

Whilst I do not necessarily accept all of the factors mentioned by the witness concerned as being matters which would justify the payment of an allowance, I see no reason why the payment of the allowance should be restricted only to the occasions on which excessive hours are worked because of staff shortages. I have therefore prescribed in subclause (4) that a Matron of a country hospital who is required in the performance of her duties to work unusually long hours shall be granted a reasonable allowance in lieu of overtime, and I have provided for any dispute to be determined by the Board of Reference.

The remaining provisions of the clause were agreed between the parties but they have again been subject to some re-drafting.

Clause 10—Annual Leave. The provisions of this clause were all agreed but

I have re-drafted some of them to better express what I believe to be the intention of the parties, and they should be carefully examined before the Speaking to the Minutes.

Clause 11, Long Service Leave; Clause 12, Sick Leave; Clause 13, Termination of Employment; Clause 14, Transfers; Clause 16, Engagement. The foregoing clauses were all agreed to by the parties but some of the provisions have been subject to slight re-drafting.

Clause 16—Student Nurses. I have included in subclause (6) a provision

under which student nurses will not be obliged to attend lectures or sit for examinations during annual leave. Annual leave is given for recreation and recuperative purposes and there is no reason to suppose that examinations and lectures cannot


be so arranged that they do not occur during a student nurse's annual leave, I have refused to include the portion of the claim relating to lectures and examinations on days off duty, but wherever possible this situation should be avoided.

I have also granted the claim by the Federation that a student nurse on night duty shall not be obliged to sit for an examination within eight hours of completion of duty. To require a student nurse to sit for an examination within eight hours of completing night duty would scarcely contribute to her likelihood of success and I am somewhat surprised that this claim should have been opposed.

I have refused the claim that study days form part of rostered working days, partly because the "study day" system does not yet appear to have general application and still seems to be in an experimental stage, and partly because there was no evidence to indicate that the student nurses were being unreasonably treated in this respect.

In subclause (8) I have provided for the Board of Reference to determine any dispute as to the dismissal of a student nurse. The regulations for appointment of Boards of Reference adequately fit the requirements of the parties in their respective claims in regard to this matter and there is therefore no reason to provide for a Special Board for this purpose.

In subclause (12) I have reduced the proportion of student nurses to trained nurses from eight to six. There was no suggestion that the present proportion resulted in inadequate training of student nurses, nor in an unreasonable burden being placed on trained staff in regard to the instruction of students. In this connection it may be observed that the appointment of Clinical Instructors, which is now general in most training hospitals, has considerably relieved the burden previously borne by the Ward Sister. However, as the respondents have agreed to a reduction of the proportion, the proportion has been accordingly reduced.

The remainder of the clause is in accordance with the agreement of the parties.

Clause 17—Laundry and Uniforms. The only matter in dispute in this clause was

the number of uniforms to be provided by the employer for trained nurses, and in this connection evidence was led by the Federation to show that the laundry arrangements at some hospitals were such that it was not possible at all times to have a clean uniform for each working day.

I am of the opinion that in the majority of cases the present allowance of six uniforms per annum is adequate, particularly having regard to the fact that nurses do accumulate uniforms over a period of time. However, in a nurse's first year of employment with an employer, it may be that the initial issue of six uniforms is inadequate in some instances and I have therefore included a provision which will enable such a nurse to be allowed up to eight uniforms if she can satisfy her employer that because of the inadequacy of the laundering facilities, six uniforms are insufficient.

Clause 19—Time and Wages Book; Clause 20— Interviews; Clause 21—Notices; were all agreed clauses.

Clause 22—Preference. On the 28th August, 1964 (44 W.A.I.G. 513) the

Commission in Court Session granted a claim by the Food Preservers' Union for the inclusion of a Pre- ference to Unionists clause in the Ice Cream

Manufacturing Award. The reasons for granting that claim apply with equal, if not greater, force to the present case and I do not repeat them here. A clause in similar terms is included in the Minutes of the proposed award. I would empha- sise that the interests of those persons who gen- uinely object on conscientious grounds to joining the Federation are adequately protected in the provision awarded.

Clause 23—Present Salaries and Privileges; Clause 24—Relieving: The parties reached agreement on these clauses.

Clause 25—Living Allowance. In subclause (1) it will be observed that I have

deprived student nurses of the entitlement to free board and lodging during annual leave. This alteration to the existing clause, although not sought by either of the parties, is necessary as a consequence of the definition of "ordinary pay" included by consent of the parties in the Annual Leave clause and does not, of course, affect any entitlement which student nurses now have.

I have refused the claims by the Federation relating to the provision of accommodation for student nurses, not because I regard the claim as unreasonable but because it is clear that it could not, at this point of time, be implemented by all hospitals even if granted. It is clear from the inspections that very real and substantial improvements have been made, and are continuing to be made, in the standard of accommodation provided for both student and trained nurses _ who are required to reside on hospital premises; and although in some instances the standard of accommodation falls somewhat below what may be regarded as desirable, it is quite evident that the responsible authorities are fully conscious of the inadequacies and are doing their best—within the limit of finances available—to remedy them.

In considering this question, it is necessary^ to bear in mind the problem of serious overcrowding which exists, particularly at Royal Perth Hospital, and the desirability of improving the_ nurses' accommodation must be balanced against the desirability from the nurses' point of view of relieving this overcrowding. Whilst I am not prepared at this stage to insert the provision claimed by the Federation, I am of the opinion that where more than two nurses are accommodated in the one room, some form of screening should be provided so as to give each nurse a modicum of privacy; and I consider that discussions should take place between the Federation and the relevant hospital authorities in regard to this matter.

Clause 26—Special Allowances. The diploma allowances have been prescribed in

the form sought by the Federation, which is the same as that contained in the existing award. With minor exceptions, this has operated satisfactorily and those exceptions do not, in my opinion, justify the change sought by the respondents. It should be borne in mind, however, that the standard against which diplomas from different colleges or universities should be tested is the relevant diploma issued by the Australian College of Nursing; and if a sister holds a diploma from some other college or university which is not of the same standard as the relevant diploma from the Australian College, the parties should confer for the purpose of determining an appropriate allowance to be paid. The parties are well qualified to assess the relative values of different diplomas


and if a reasonable approach is adopted on both sides, no problems should arise from the form in which the allowances are prescribed.

The evidence in the present case showed that whilst generally speaking there is a sufficient supply of nursing staff, there is a shortage of persons who are qualified or prepared to undertake responsible positions, particularly in some of the country hospitals. With this in mind, I have increased the allowance for the Ward Sister and Theatre Sister diplomas to £1 and as both parties agreed that the same allowance should be prescribed for a Clinical Instructor's diploma as for a Ward Sister's diploma, that allowance has also been prescribed as an amount of £1. Quite apart from the considerations to which I have just referred, I am of the opinion that this gives a proper recognition to the relative value of these diplomas as compared with the diploma for a Tutor Sister.

In paragraph (d) I have increased the allowance for the Mental Nursing certificate to fifteen shillings, but have retained the other allowances at their present level. In increasing this rate I have been influenced by the salaries paid to trained nurses employed at the Graylands Day Hospital.

In paragraph (h) I have increased the "on call" allowances to ten shillings for "close call" and five shillings for "remote call". The present allowances represent, in my opinion, grossly inadequate compensation for this obligation. I have also granted the claim by the Federation for reimburse- ment of travelling expenses incurred by a worker when recalled to duty.

Clause 27—District Allowances; Clause 28— Emergencies; were agreed clauses.

Clause 29—Casuals. I have included in this clause a loading of 15

per cent., which is the rate usually prescribed by the Commission for casual workers.

Clause 30—Part time employment; Clause 31— District Sister; Clause 32—Other Provisions: The provisions of the existing award have been continued in these clauses.

Clause 33—Board of Reference. This clause has been re-drafted to accord more

accurately with the requirements of the Industrial Arbitration Act, 1912-1963.

Clause 34—Country Service Allowances was an agreed clause.

Clause 35—Liberty to Apply. Liberty has been reserved in relation to the posi-

tion of Sister in Charge of the Day Centre at Fre- mantle Hospital.

SCHEDULE I—WAGES. The Federation purported to base its claim on

the rates prescribed in the New South Wales award and argued that in the past the rates of pay for nurses in this State had been fixed by comparison with the highest rates payable elsewhere in Australia,

The respondents, on the other hand, whilst ad- mitting that the New South Wales award had been adopted by the Court of Arbitration as the basis for rates of pay in this award in 1959, pointed to the fact that the present New South Wales rates had resulted from agreement between the parties in that State and had not been determined, as the previous rates had been, by the New South Wales

Industrial Commission. They argued, further, that the present New South Wales rates were substantially out of line with the rates payable in this industry elsewhere in Australia.

An examination of the Federation's claim clearly shows that the New South Wales award has not been followed, except in regard to a few classifications, and it is clear that the Federation has en- deavoured to have the best of many worlds. If the New South Wales award were to be adopted as the basis for this award it would, whilst resulting in increases for some classifications, result in substantial reductions in others.

As I have remarked earlier, the Court of Arbi- tration in 1959 conducted a very thorough investigation into this industry and, with the assistance of the parties, established proper relativities between the various classifications in this award. With minor exceptions, to which I will later refer, I can see no reason—on the evidence placed before me on this occasion—to make any substantial alteration in the relativities then established; and the simple adoption of the New South Wales rates would bring about significant changes in that rela- tivity.

I would add, furthermore, that this Commission has a duty to satisfy its own conscience as to the propriety of rates to be awarded in any particular case and cannot slavishly and uncritically accept rates prescribed elsewhere, more particularly when those rates have been fixed by consent and do not represent the determination of an industrial tribunal on principles which this Commission regards as proper principles.

I have nevertheless come to the conclusion that an increase in the rates of pay for most of the classifications in this award is justified, and I have fixed rates which in the light of all the circumstances I consider to be appropriate for the classifications concerned. I have fixed as the maximum rate for an experienced Sister without supervisory responsibilities a margin of £8 5s., which represents an increase of ten shillings per week. In arriving at this rate I have had regard to rates payable to nurses elsewhere in Australia and I have tested it against rates payable to other workers in hospitals in this State. I have borne in mind the importance of the nursing profession in the com- munity, and I have taken into account the educa- tional standard of nurses; the fact that many of them work at unusual hours and on weekends and frequently relieve in higher positions without payment of any higher duties allowance.

A somewhat higher proportionate increase has been granted to Ward Sisters in charge in Train- ing Schools, as it was admitted by both parties before me that the relative importance of this position was not given proper recognition in the existing award; and I am satisfied that this is the case.

There has been a substantial increase _ in the responsibilities of the Matron, Dental Hospital, and I have increased the margin for this position accordingly.

For the same reason I have increased the margin for the position of Matron, Mt. Henry Home.

The Federation sought to have a single margin prescribed for many classifications for which a three-yearly incremental range now applies. I have refused this claim, but I am satisfied that in many of the supervisory positions, the full responsibility devolves upon and is carried out with full competence by the nurse concerned after 12 months experience. I have accordingly reduced the incremental pattern in these positions to two years.


An examination of the percentage rates payable to female student nurses in the Eastern States has led me to the conclusion that some small adjustment is necessary in the rates for second, third and fourth year students, and the percentage rates have been increased accordingly.

The minutes of the award will now issue.


No. 23 of 1963. Between The Royal Australian Nursing Federation

(Western Australian Branch), Industrial Union of Workers, Perth, Applicant, and The Hon. Minister for Health, Board of Management of Princess Margaret Hospital and others (as per attached schedule), Respondents.

COMMISSIONER E. R. KELLY, in pursuance of tbe powers and jurisdiction conferred upon him by section 50 of the Industrial Arbitration Act, 1912-1963, and in pursuance of an allocation to him by the Chief Industrial Commissioner, doth hereby make the following award in connection with the industrial dispute between the abovenamed parties.

Award. 1.—Title.

This award shall be known as the "Nurses (Public Hospitals) Award 1964" and replaces award No. 19 of 1958 as amended.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Term. 5. Definitions. 6. Payment of Wages. 7. Average Occupied Beds. 8. Hours. 9. Overtime.

10. Annual Leave. 11. Long Service Leave. 12. Sick Leave. 13. Termination of Employment. 14. Transfers. 15. Engagement. 16. Student Nurses. 17. Laundry and Uniforms. 18. Rosters. 19. Time and Wages Book. 20. Interviews. 21. Notices. 22. Preference. 23. Present Salaries and Privileges. 24. Relieving. 25. Living Allowances. 26. Special Allowances. 27. District Allowances. 28. Emergencies. 29. Casuals. 30. Part-Time Employment. 31. District Sister. 32. Other Provisions. 33. Board of Reference. 34. Country Service Allowances. 35. Liberty to Apply.

3.—Scope. This award shall apply to registered and student

nurses employed in all hospitals, institutions and homes for the aged under the control of the Minister for Public Health, the Government Re- ceiving Home under the control of the Minister for Child Welfare, all hospitals under the control of Boards of Management appointed under the Hospitals Act, 1927-1955, and in the Princess Margaret Hospital.

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

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

5.—Definitions. Note.—Wherever in this award the context so

requires, any reference to females shall be deemed to mean and include a reference to males.

"Nurse" means and includes a person who is registered or entitled to be registered in Western Australia under the Nurses Registration Act, 1921-1960.

"Staff Nurse" means a nurse employed in a training school during her first and/or second year of experience (excluding time taken in studying for a special certificate), after registration.

"Junior Sister" means a nurse employed elsewhere than in a training school during her first and/or second year of experience (excluding time taken in studying for a special certificate), after registration.

"Matron" means a nurse in control of the nursing services and performing other duties at a hospital.

"Deputy Matron" means the nurse appointed as such by the employer to assist in the administration of the hospital and deputise for the Matron.

"Assistant Matron" means a nurse appointed by the employer to assist the Matron in the control of nursing and administrative duties.

"Sub-Matron" means a nurse in charge of a subsidiary hospital of the Royal Perth Hospital.

"Principal Tutor" means a nurse in charge of the teaching department of a hospital.

"Senior Tutor" means the nurse appointed as such by the employer to relieve and assist the Principal Tutor in administration and teaching.

"Tutor" means a nurse engaged full time in the teaching of student nurses and/or nursing aides.

"Clinical Instructor" means a nurse who is engaged full time in the instruction of student nurses and/or nursing aides in practical nursing,

"Student Nurse" means a pupil undergoing training in a registered training school.

"Clinic Sister" means a nurse appointed in charge of an out-patients' clinic or out-patients' section of a hospital under the supervision of a departmental sister.

"Home Sister" means a nurse appointed as such to supervise the conduct of a nurses' home where registered and/or student nurses are resident.

"Afternoon Supervisor" means a nurse who is appointed as such to be in charge of the whole or part of a hospital.

"Night Superintendent" means the nurse appointed as such by the employer.

767

"Senior (or Administrative) Sister" means the nurse appointed by the employer to be next in charge to the matron (or to the assistant or deputy matron where one has been appointed) in a hospital of more than six bed average.

"Ward Cadet" means a person under the age at which training may be commenced who, having lodged with the employer a written application to commence training as a student nurse after attaining the requisite age, is employed in a training- school.

"Training School" means one which is registered as such under the Nurses' Registration Act, 1921- 1960.

"The Federation" means The Royal Australian Nursing Federation (Western Australian Branch) Industrial Union of Workers, Perth.

6.—Payment of Wages. (1) The minimum wage rates payable to workers

shall be those set out in Schedule I attached hereto. The rates are expressed in weekly amounts for the sake of convenience only.

'2) Wages shall be paid at least twice per calendar month, or fortnightly, at the option of the employer. Provided that, by agreement between the employer and the Federation, the wages in any particular case may- be paid once per calendar- month,

7.—Average Occupied Beds. (1) For the purpose of ascertaining the adjusted

daily average of occupied beds of a hospital, each newly born baby shall count as one-half patient, except in the premature ward where each shall count as one patient, and three hundred and fifty outpatients in each six months period shall count as one occupied bed. The average shall be taken for the six months ending 30th June and 31st December in each and every year and such average shall relate to the salary for the succeeding- half- year.

(2) Where a hospital has not been open for the required period, the salary to be paid shall be that agreed upon by the employer and the Federation or, failing agreement, as determined by the Board of Reference.

8.—Hours. (1) Subject to the provisions of subclauses (2),

(3) and (15) of this clause, the ordinary working hours shall not exceed forty hours per week or eighty hours per fortnight at the option of the employer, but an employer shall not change from a forty hour week to an eighty hour fortnight except upon giving one month's notice of his intention so to do to the Federation.

(2) At Wooroloo Hospital the ordinary working- hours shall be one hundred and sixty hours per four weeks.

(3) Notwithstanding anything to the contrary in this clause and at the option of the employer, Sisters employed in clinics or departments which function during the normal clerical hours of duty on Monday, Tuesday, Wednesday, Thursday, Fri- day and Saturday may be granted hours of duty together with public holidays and annual leave as are generally applicable to the clerical staff employed in the said clinics or departments. The daily hours of duty shall include a break of not more than one hour for lunch and such time shall not be included as part of the normal working week of thirty-eight hours.

(4) Meal breaks shall not be counted as time worked.

(5) At hospitals within a radius of twenty-five miles from the General Post Office, Perth, and at Kalgoorlie Hospital, straight shifts of not more than nine hours each shall be worked by student nurses.

(6) Student nurses at registered part-time training schools under the Nurses' Registration Act shall work in shifts of not more than eight hours and such shifts shall not exceed a spread of twelve hours.

(7) A worker changing from night duty to day duty, or from day duty to night duty shall be free from duty during the twenty hours immediately preceding the commencement of the changed duty: Provided, however, that this subclause shall not apply if the wox-ker is required to perform duty to enable the nursing services of the hospital to be carried on or where another worker is absent from duty on account of illness, or in an emergency.

(8) Night duty in North West Hospitals and Goldfields Hospitals (except training schools) where the staff including the matron is three or more, shall not exceed seven consecutive nights when a majority of the workers who are required to do night duty so decide, in which case it shall rotate after seven nights.

(9) A student nurse who has performed eight or more consecutive weeks of night duty shall not be rostered again for night duty for at least twelve weeks from the last day of the preceding period of night duty unless she so requests in writing.

(10) (a) Subject to the provisions of subclause (15) of this clause, each worker shall be free from duty for not less than—

two full days in each week; or four full days in each fortnight; or six full days in each twenty-one days; or eight full days in each twenty-eight consecu-

tive days; and no duty shall be performed by the worker on any of such free days.

(b) This subclause shall not apply if the worker is required to perform duty to enable the nursing services of the hospital to be carried on or where another worker is absent from duty on account of illness, or in an emergency.

(11) In addition to the time off duty hereinbefore provided, nurses and sisters engaged in X-ray or radium work shall be allowed such other time off duty as in the opinion of the medical officer in charge of such work may be necessarily consequent upon such work for the purpose of maintaining or restoring them to normal health, and all such time shall be computed as part of the normal working time and there shall be no reduction in the salary in respect thereof.

(12) Morning and afternoon tea shall be provided by the employer. The time allowed for such break shall not exceed seven minutes which shall be taken when convenient to the employer, without deduction of pay for such time.

(13) Where a worker is required to travel as part of her duty, such travelling time shall be considered as part of her working time, and there shall be no reduction in respect thereof.

(14) Workers may be requested to remain on "Close Call" or on "Remote Call". Any such time on call shall not be counted as time worked, (except insofar as a worker may take up actual duty

768

in response to a call), but shall be paid for in accordance with Clause 26—Special Allowances, hereof.

(15) Workers in hospitals where the daily average of occupied beds does not exceed six, Matrons, Deputy Matrons, Sub-Matrons, Assistant Matrons and Principal Tutors, shall be allowed two days off duty per week which shall be taken at the convenience of the hospital, but except for the provisions of this subclause and those of subclauses (12) and (13) of this clause, the provisions of this clause shall not apply to those workers.

(16) Student nurses shall not be obliged to work more than three months' night duty in either the first, second, third or fourth year of training. Student nurses at the Kalgoorlie Hospital shall not be required to be on night duty for more than six continuous weeks in any one period. After any period of night duty, a student nurse shall have an equivalent period of duty other than night duty.

9.—Overtime. (1) All time worked in excess of the ordinary

working hours prescribed in clause 8 of this award shall be paid for in the following manner:—

(a) Time and a half for the first four hours and double time thereafter when working forty hours per week.

(b) Time and a half for the first eight hours and double time thereafter when working eighty hours per fortnight.

(c) Time and a half for the first sixteen hours and double time thereafter when working one hundred and sixty hours per four weeks.

(2) Where the employer and worker so agree, time off in lieu of payment for overtime may be granted at the convenience of the hospital but only if—

(a) such time off is in unbroken periods, according to each period of overtime worked; and

(b) the overtime is made up within twenty- eight days from the time when it became due, except where it arises from the changeover from night duty to day duty or day duty to night duty.

(3) Less than thirty minutes' overtime for a week, or one hour's overtime for a fortnight, or two horns' overtime for a four-weekly period, as the case may be, shall not be paid for.

(4) A Matron of a country hospital who is required, in the performance of her duties, to work unusually long hours shall, upon her application, be granted a reasonable allowance in lieu of overtime. Any dispute as to the application of this subclause may be determined by the Board of Ref- erence,

10.—Annual Leave. (1) Subject to the provisions of this clause, each

worker covered by this award shall be entitled to five weeks' leave on full pay for each twelve months of continuous service.

(2) A worker with more than one month's service (or, in the case of a student nurse, three months' service) who resigns or whose employment is terminated by the employer through no fault of the worker, shall be entitled to pro rata payment

for annual leave in the proportion that her completed months of service bear to twelve months, but no such payment shall be made for any period of service in respect of which leave has already been granted or paid for.

(3) Each worker shall be given at least fourteen days' notice of the actual commencing date of her leave. A roster shall be kept in all hospitals of over twenty bed average showing the approximate date of commencement of annual leave. The roster shall be placed on a notice board in some convenient place for inspection by workers.

(4) Subject to the provisions of subclauses (5) and (6) of this clause, each worker shall, before going on leave, be paid for the period of leave at the ordinary rate of wage to which she is entitled under the award. For the purpose of this subclause the ordinary rate of wage means the rate of wage, without deduction for accommodation and/or board, which the woi'ker has received for the greatest proportion of the calendar month prior to taking her leave, but a student nurse who is paid a percentage of the female basic wage and is provided with free board and lodgings assessed at the rate of thirty-three and one-third per cent, of the female basic wage, shall have the value of her board and lodging added to her ordinary rate of wage.

(5) If a worker is requested by the employer to leave her room completely vacant during the period of absence on leave and fails to do so, the employer may make the deduction for accommodation authorised in Clause 25—Living Allowance of this award.

(6) Any leave accrued for the final year of training shall be paid for at the rate payable for such year of service.

(7) Leave shall be given as soon as practicable after falling due. The leave of a student nurse shall not accumulate, but shall be given each year. The leave of a nurse shall not accumulate except with the consent of the nurse and in no ease shall it accumulate for more than two years.

(8) Notwithstanding the foregoing provisions of this clause, a worker whose hours are fixed at thirty-eight per week under subclause (3) of clause 8 of this award, shall be entitled to all public service holidays and if any such holiday is not taken a day off shall be given in lieu thereof; and in addition thereto shall be allowed three weeks' leave per annum.

(9) The annual leave prescribed in subclause (1) of this clause may, at the option of the employer, be granted in two periods neither of which shall be less than one week.

11,—Long Service Leave.

(1) Subject to the conditions hereinafter prescribed, all workers covered by this Award shall become entitled to thirteen weeks' long service leave on full pay or twenty-six week's long service leave on half pay—

(a) after a period of ten years' continuous service in a full-time capacity; and

(b) after a further period of ten years' continuous service in a full-time capacity; and

(c) after each further period of seven years' continuous service in a full-time capacity.


(2) (a) For the purpose of this clause, "service" means service as an employee of one or more of the respondents to this award and shall be deemed to include—

(i) absence of the worker on annual leave or public holidays;

(ii) absence of the worker on paid sick leave; (iii) absence of the worker on approved sick

leave without pay, but not exceeding six weeks in any year after 1/7/1957, and not exceeding two weeks in any year before that date;

<iv) absence of the worker on approved leave without pay, other than sick leave without pay, but not exceeding two weeks in any qualifying period;

(v) absence of the worker on National Service or other military training, but only if the difference between the worker's military pay and civilian pay is made up or would, but for the fact that her military pay exceeds her civilian pay, be made up by her employer; and

(vi) absence of the worker on worker's compensation for any period not exceeding six months or for such greater period as the Minister for Health may allow.

(b) The service of a worker shall be deemed not to include—

(i) service of the worker prior to 1st Novem- ber, 1935;

(ii) service of the worker prior to her attaining the age of 18 years;

(iii) service of the worker after a day on which she has become entitled to twenty- six weeks' long service leave until the day on which she completes the taking of that leave;

(iv) any period of service of less than two years with the one employer unless the worker submits a reason which, in the opinion of that employer, is a good and sufficient reason for entering into employment with another employer before the expiration of such two years' service;

(v) any period of service of less than twelve months;

(vi) absence of the worker on long service leave; or

(vii) any other absence of the worker except such absences as are included in service by virtue of paragraph (a) of this subclause.

(3) Subject to the provisions of subclause (2) of this clause, the service of a worker shall not be deemed to have been broken—

(a) by resignation in accordance with clause 13 of this award, if she resigns from her employment with one respondent to this award and commences employment with another such respondent within one week of the expiration of any period for which payment in lieu of annual leave and/or public holidays has been made by the flrstmentioned employer or, if no such payment has been made, within one week of the day on which her resignation became effective;

(b) if her employment is ended by her employer for any reason other than misconduct or unsatisfactory service, but only if

(3)—90499

769

the worker resumes employment under this award not later than six months from the day on which her employment was ended; or

(c) by any absence of whatever duration, approved by the employer as leave whether with or without pay.

(4) Application for leave without pay must be made before the commencement of the absence in respect of which leave is sought unless the cause of the absence occurs after the worker was last on duty, in which case application must be made not later than fourteen days after the day on which the worker resumes work.

(5) (a) Long service leave shall be taken at a time convenient to the employer, but not less than thirty days' notice shall be given each worker of the day on which her leave is to commence, except in cases where the worker and the employer agree to a lesser period of notice, or in other exceptional circumstances.

(b) All complete periods of leave must be taken before the day on which a worker is compulsorily retired.

(6) Any public holiday occurring during a worker's absence on long service leave shall be deemed to be portion of her long service leave and extra days in lieu thereof shall not be granted.

(7) A worker who has become entitled to long service leave in accordance with subclause (1) of this clause and whose employment is ended before that leave is taken, shall be granted payment in lieu of that leave, unless she has been dismissed for an offence committed prior to the day on which she became entitled to that leave, in which case no such payment shall be made.

(8) If a worker who has become entitled to long service leave in accordance with subclause (1) of this clause, dies before taking that leave, payment in lieu of that leave shall be made to the worker's estate.

(9) If the employment of a worker ends before she has completed a full qualifying period in accordance with subclause (1) of this clause, payment in lieu of long service leave proportionate to her length of service shall not be made unless—

(a) she has completed at least three years' continuous service since the day on which she completed her training and her employment has been ended by her employer for reasons other than misconduct or unsatisfactory service; or

(b) she is not less than sixty years of age and resigns, but only if she has completed not less than twelve months' continuous service prior to the day from which hex- resignation has effect; or

(c) she has completed not less than twelve months' continuous service and her employment is ended by her employer on account of incapacity due to old age, ill health, or the result of an accident; or

(d) (i) the worker is a trained nurse who, being a female, resigns to be married; but only if she has completed not less than thx-ee years' continuous service since the day on which she completed her ti-aining;

(ii) the worker, a trained nui-se, has married after not less than three years' continuous service since the


completion of her training, in which ease payment shall be made in respect of service up to the date of her resignation;

(A worker shall be entitled to payment under subparagraph (i) or subparagraph (ii) of this paragraph, but not under both and, on application for such payment, shall produce her certificate of marriage.)

(e) the worker dies after having served continuously for not less than twelve months next before her death, and leaves a widower, children, mother or invalid sister who were dependent on her, in which case such payment shall be -made to such widower or other dependant. In this paragraph the feminine gender shall be deemed to include the masculine gender.

(10) (a) Subject to the provisions of this subclause and to those of subclause (1), a worker shall be paid during long service leave at her permanent classified rate of pay.

(b) If a worker has been employed in one or more positions each of which carries a higher rate than her permanent classified rate, for a continuous period of twelve months ending not earlier than two weeks before the day on which she commences long service leave, the rate which she has received for the greatest proportion of that twelve-month period shall, for the purpose of this subclause, be deemed to be her permanent classified rate of pay.

(c) If any variation occurs in the rate of wage applicable to a worker during any period when she is on long service leave, the worker's pay while she is on such leave shall be varied accordingly and, if the worker has been paid in full for the leave before its commencement, payment shall be adjusted as soon as practicable after the worker resumes work.

(d) District allowance shall not be paid during long service leave unless the family or dependants of the worker remain in the district.

(11) In all matters not herein expressly provided for, the long service leave conditions applicable to Government wages employees generally shall apply.

12.—Sick Leave. (1) Student Nurses.—Sick leave shall be granted

to student nurses on the basis of two months on full pay for the first three years' service and one and one-quarter days for each completed month of service after the first three years.

(2) Trained Nurses— (a) (i) Subject as hereinafter provided, sick

leave shall be granted on the basis of ten working days on full pay for each year of service.

(ii) If in any calendar year, any absence through sickness exceeds the worker's current entitlement, and, by service subsequent to the sickness, the worker becomes entitled to further sick leave with pay, payment shall be adjusted at the end of that calendar year or at the time the worker leaves the service of the employer, whichever is the sooner.

(iii) Any unused portion of the sick leave herein prescribed shall be allowed to accumulate and may be availed of in the next or any succeeding year.

(b) Workers in the employ of any respondents at the date of the amendment of the 14th day of August, 1957, shall be allowed an initial credit as at that date, on the following basis:—

(i) Where continuous service exceeded three years, forty-five working days, less any sick leave taken during the preceding triennial period.

(ii) Where continuous service is less than three years—an amount calculated on the entitlement provided for in subclause (a) hereof, less any sick leave taken from the commencement of service to the date this award comes into force.

(c) (i) The maximum period of sick leave allowable with pay in respect of any continuous absence shall not exceed six months.

(ii) A worker who has been granted six months' continuous sick leave with pay shall not be entitled to receive further sick leave with pay until a period of duty of not less than four weeks has been completed.

(3) General.— (a) No sick leave with pay shall be granted

without an adequate medical certificate. Pro- vided that if in any case it is not convenient for the worker to obtain a medical certificate, sick leave may be granted on other evidence satisfactory to the employer, but such leave shall be limited to two consecutive days in any one period and a total of three days in any calendar year.

(b) Any period during which a worker is absent on leave without pay shall not be included as part of such worker's period of con- unuous service for the purpose of this clause.

(c) A worker who is absent on approved annual leave, long service leave, or leave without pay, shall not be eligible for leave under this clause during the currency of such approved leave.

(d) No leave on account of illness or injury shall be granted with pay if the illness or injury has been caused by the worker's own fault, neglect or misconduct.

13.—Termination of Employment. (1) Except for misconduct, justifying summary

dismissal, the services of a worker shall be terminated only by fourteen days' notice or by the payment of fourteen days' salary in lieu thereof in the case of a worker other than a Matron: and by twenty-eight days' notice or by the payment of four weeks' salary in lieu thereof in the case of a Matron.

(2) (a) No worker, other than a matron, shall, without the consent of her employer, resign without first having given fourteen days' previous notice of her intention so to do, and in the absence of such notice the employer may withhold holiday or other pay up to the amount of fourteen days' wages.

(b) No Matron shall, without the consent of her employer, resign without first having given twenty- eight days' previous notice of her intention so to

-do and in the absence of such notice the employer -may withhold holiday or other pay up to the value of four weeks' wages.


(3) The provisions of subclause (2) of this clause shall not apply in the case of a nurse who has received a summons for duty with any of the armed forces of Australia.

(4) A worker dismissed for misconduct shall have the right of appeal against such dismissal to a Board of Reference or to such person as may be agreed upon by her employer, and such worker shall be entitled to a written statement as to the reason for her dismissal from her employer within fourteen days of the said employer's having received a written request for such statement.

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

14.—Transfers. (1) A worker who is transferred from one place

to another shall be entitled to first-class travelling accommodation between the places of transfer and to full payment of salary during the time of leaving duty and taking up her new duties.

(2) (a) In addition, she shall be allowed travelling allowance of seven shillings for any meal purchased, or the actual cost of any meal purchased, if such cost exceeds seven shillings. Meal times shall be 8 a.m., 1 p.m., and 6 p.m. One shilling and sixpence for each morning and afternoon tea shall be allowed when travelling at 11 a.m. and 4 p.m. Reasonable porterage shall also be allowed. Claims for taxi fares must be supported by receipts for the fares claimed.

(b) No such meal allowance shall be made for journeys completed between the ordinary meal times. Where practicable, at least fourteen days' previous written notice shall be given to a worker required to transfer from one hospital or place to another.

15.—Engagement. (1) When a nurse or student nurse is engaged

for service in a hospital or place outside a radius of twenty-five miles of the General Post Office, Perth, she shall be entitled to first-class fare and travelling allowance as above from the place of engagement to the place of employment, and her term of employment shall be deemed to commence as soon as she leaves her place of engagement.

(2) If a worker is dismissed before the period for which she was engaged has expired, or if none is stipulated, then before the period of six months from the date of her appointment, except in the case of dismissal for misconduct, she shall be entitled to first-class accommodation and travelling allowance as above to the place of engagement should she desire to return there.

Provided that if she was originally engaged in Perth and has been employed continuously at more than one public hospital without returning to Perth, then she shall be entitled to first-class accommodation and travelling allowance to Perth, should she desire to return there.

And also provided that should a worker elect to return to her place of engagement or to Perth by any other conveyance than by rail, she shall be entitled, upon production of receipts, to actual transport expenses incurred; but such transport expenses shall not exceed the amount of either a first-class rail, boat, plane and/or coach fare at the employer's option, from the place of her last employment to the place of her engagement or to Perth, as the case may be.

(3) Any worker whose duties shall require her to travel shall be entitled to first-class travelling accommodation at the expense of her employer.

(4) If any worker who is engaged for duty in a hospital or place outside a radius of twenty-five miles of the General Post Office, Perth, remains for six months or more in the service of the employer who engages her, she shall be entitled to return fare and travelling allowance as mentioned in subclause (1) when she leaves her employment.

(5) Upon termination of her employment, a worker shall receive payment before she leaves the hospital of all money due to her up to the termination of her employment.

(6) Except in the case of dismissal for misconduct, a casual worker shall receive return fare and travelling allowance, irrespective of her period of engagement.

(7) Upon the original engagement of a worker for employment under this award, such worker shall be furnished with a service book in which the original employer and all subsequent employers under the award shall, on the termination of such worker's services, cause to be entered, a record of the period of service of the worker and the capacity in which the worker was from time to time employed.

16.—Student Nurses. (1) All persons accepted for training as student

nurses in Public Hospitals in Western Australia shall be employed in accordance with the conditions prescribed in this clause.

(2) Probationary periods as shown hereunder shall count as part of the period of training:—

Courses of three years or over—Six months' probation.

Two-year courses—Four months' probation. One-year courses—Two months' probation. Six-months' course—One month probation.

(3) The employer shall cause the trainee to be taught in accordance with the requirements of the Nurses' Registration Board by competent instruction in a gradual and complete manner and shall give the trainee a reasonable opportunity of training for the profession.

(4) Every student nurse shall faithfully serve her employer and obey all reasonable directions of her employer at all times for the purpose of being taught the nursing profession and accept such theoretical and other instruction as required.

(5) Any lectures or examinations which occur normally during duty hours shall be computed as part of the working time of the student nurse whose duty it is to attend such lectures or examinations, and there shall be no reduction in salary in respect thereto.

(6) A student nurse shall not be obliged to attend lectures or sit for examinations during hex- annual leave.

(7) No nurse on night duty shall be obliged to take an examination until at least eight hours after completion of duty.

(8) Any dispute between the Federation and any employer bound by this award as to the dismissal of a student nurse may be i*eferred to the Board of Reference for hearing and determination.


(9) A student nurse who wilfully refuses to obey or disobeys the lawful orders of the employer or who grossly misbehaves or is negligent or dishon- est, or is absent from duty without leave and without reasonable excuse, may be dismissed without notice.

(10) Time lost from duty by the student nurse for any cause other than sick leave, subject to regulation 44 of the Nurses' Registration Regula- tions, shall be made up by the student nurse at the conclusion of that year at the rate of wage or remuneration fixed for, and applicable to the service of the student nurse during that year: Provided that time lost shall not include absence of the student nurse on annual leave.

(11) Student nurses who do not pass their final examinations may be retained until such examinations are passed and during such period they shall be paid at the rate appropriate to their year of service, but such extended period shall in no case exceed twelve months.

(12) The proportion of student nurses in a training hospital approved by the Nurses' Registration Board shall be not more than six student nurses to each certificated nurse.

17.—Laundry and Uniforms. (1) Each worker shall be entitled to all reason-

able laundry work at the expense of the employer, but where the uniform of any worker cannot be laundered at the hospital, an allowance of four shillings per week shall be paid to the worker.

(2) (a) The employer shall provide student nurses with all uniforms required, which uniforms shall at all times remain the property of the employer.

(b) Student nurses who ax-e required or recommended to wear a stipulated type of hospital stocking shall be provided with six pairs free of charge each year. For the purpose of this paragraph "hospital stocking" means stockings of a colour or material not ordinarily worn for civilian dress.

(c) Student nurses shall pay an amount of three guineas towards the cost of initial uniforms on commencement of their training, but on completion of the first twelve months of training, the amount of three guineas shall be refunded to the trainee.

(3) (a) The employer shall provide trained nurses with uniforms or alternatively shall provide uniform material and pay up to twenty-five shillings per uniform with a limit of six uniforms per annum. Provided that in her first year of service with any employer a nurse may, if she satisfies the employer that because of the inadequacy of laundering facilities six uniforms are insufficient, be allowed additional uniforms up to a maximum of eight for that year.

ib) The payment prescribed in paragraph (a) of this subclause will be made only when completed uniforms are passed by the Matron to her satisfaction. Such uniforms shall remain the property of the employer for a period of six months after the date of supply.

(c) In lieu of providing uniforms to Matrons and Sisters, the employer may pay an allowance of six shillings per week, but the worker shall conform to the uniform stipulated by the employer with respect to material, colour, pattern and condition.

(d) When requested by the worker, the employer shall secure material and supply it to the worker, at cost, provided that this condition shall not come into effect until the lapse of six months since the previous issue of uniforms to the nurse.

(e) The worker may elect which method she desires to adopt for the provision of uniforms but, having elected the method desired, shall not be permitted to adopt the alternative method except by approval of and under conditions laid down by the employer.

(f) Except where a uniform allowance is paid, the employer shall provide two caps (prescribed under the Nurses' Registration Board Regulations) per annum.

18.—Rosters. A roster of the working hours shall be exhibited in

such place as it may conveniently and readily be seen by each worker concerned. The roster shall be posted not less than forty-eight hours preceding the day on which the roster commences. The roster shall be available to the Federation Secretary for inspection at all reasonable times. Rosters may be altered at any time if the hospital exigencies render any alteration necessary.

19.—Time and Wages Book. (1) A time book or cards shall be open for

inspection at all reasonable times by the Federa- tion Secretary, or her nominee, appointed in writing. Each worker must record each day in such book or card the exact time at which she starts and finishes duty, and also the time booked off for meals.

(2) The salary sheets shall, upon reasonable notice being given, be open for inspection at the office of the employer concerned, by the Federa- tion Secretary or her nominee appointed as afoi*e- said.

(3) Any system of automatic recording by means of a machine shall be deemed a compliance with the provisions of subclause (1) so far as the particulars actually recorded are concerned.

(4) On each pay a worker in respect of the payment then due shall be furnished with a statement in writing, either on or in the pay envelope, containing the following particulars, viz., name, the amount of ordinary salary, the total number of hours or overtime worked (if any), the amount of any overtime payment, the amount of any other moneys paid and the purposes for which they are paid and the amount of the deductions made from total earnings and the nature thereof. Provided that this subclause shall not apply to a hospital which utilises a machine system of recording particulars on salary envelopes or dockets, provided that at least the following particulars are shown on the envelope or docket of each worker—viz., the name of the worker, the amount of ordinary salary, the amount of overtime paid and particulars of any deductions made.

20.—Interviews. The Federation secretary shall be entitled to

interview members of the Federation on the employer's premises at reasonable times.

21.—Notices. If the Federation so requests, a copy of this

award shall be posted on a board of reasonable size in a place where it may be conveniently and


readily seen by every worker concerned. The Federation secretary may also post thereon such other notices relating to Union matters as are reasonable.

22.—Preference. (1) In this clause—

"the union" means the Royal Australian Nursing Federation (Western Australian Branch) Industrial Union of Workers, Perth;

"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 she 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 she 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 her admission to membership; and

(c) thereafter remain a unionist while so employed.

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

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

(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; or

(c) for the unexpired portion of any period in respect of which she has, prior to commencing employment under this award, paid membership fees on her 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 24 hours to the exclusion of any well-conducted unionist who is employed by, or who applies for employment, with that employer and who is adequately experienced and otherwise competent in the work performed by that non-unionist, and is of the sex to which that work is allotted by this award or, where the award makes no such provision, by custom.

(b) Where paragraph (a) of this subclause operates so as to require the dismissal of a non- unionist by her employer the provisions of subclause (1) of clause 13 of this award are hereby declared inoperative in respect of that dismissal but only if—

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

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

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

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

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

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

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

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

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

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

'O 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 Indus- trial Arbitration Act, 1912-1963; or

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

23.—Present Salaries and Privileges. Subject to the method of regulating salaries on

the average of occupied beds, nothing herein contained shall entitle an employer to reduce the salary of any worker who at the date of this award is being paid a higher rate of salary than the minimum prescribed for her class of work.

A worker shall not be deprived of any privileges relating to her employment, enjoyed by her at the date hereof, except such as are dealt with in this award, in which case the award provisions shall apply.

24.—Relieving. A nurse who performs the duties of a worker on

a higher classification than herself for a period of more than seven consecutive days shall receive the minimum wage of such higher classification as from the beginning of such period of relieving.

25.—Living Allowances. (1) (a) Where board and lodging are provided,

the employer shall be entitled to deduct from the wages of the worker an amount equal to thirty- three and one-third per cent, of the female basic wage. Provided that student nurses who are paid a percentage of the basic wage shall, except during annual leave, receive free board and lodging assessed at the above rate.

Co) In all cases, the ratio of the value of board to that of lodging in the board and lodging allowance shall be two to one.

(2) The Federation Secretary or her nominee, duly appointed in writing, shall be entitled to inspect such food and accommodation at reasonable times.


(3) Where a worker is required to live out, a payment of twenty-flve shillings per week shall be made by the employer in approved cases. Pro- vided that any dispute between the Federation and the employer shall be referred to a Board of Refer- ence for determination.

(4) Where workers who are paid on a living-out basis are provided with meals by the employer, deduction shall be made from their wages at the rate of one twenty-first of the allowance for board in accordance with paragraph (b) of subclause (1) of this clause, for each meal so provided.

(5) When nursing staff are required to share rooms they shall pay half of the prescribed lodging allowance in accordance with paragraph (b) of subclause (1) of this clause.

26.—Special Allowances. (1) In addition to the salaries prescribed in this

award, special allowances as set out in this clause shall be paid:—

Per Week. £ s. d.

(a) In the case of a nurse employed as a Sister Tutor or Clinical Instructor, other than a Prin- cipal Tutor or Senior Tutor, holding a Tutor diploma from a recognised College of Nursing or University 310 0

(b) In the case of a nurse employed as a Clinical Instructor holding a Clinical Instructor's Diploma from a recognised College of Nursing or University 10 0

(c) In the case of a nurse employed as a Ward Sister or Theatre Sister and holding the Diploma relating thereto, from a recognised College of Nursing or University 1 0 0

(d) In the case of any nurse, where more than one certificate is required in her employment, and the nurse possesses such certificate or certificates—

1. Midwifery 15 0 2. Infant Health 10 0 3. Mental 15 0 4. Dental 10 0 5. Tuberculosis 10 0

(e) To a worker on night duty for more than eight consecutive weeks or twelve weeks in broken periods in any one year of service under the same employer and employed in over six bed average hospitals from the beginning of the period 8 0

Provided that this allowance shall not be paid to a nurse appointed as night superintendent and paid as such.

(f) To a nurse in charge of a clinic for venereal diseases 15 0

(g) To a Matron of a hospital where no medical practitioner resides within nine miles of the hospital 15 0

(h) (i) A worker who is required to remain on "close call" for duty and not allowed to leave the hospital precincts shall be paid the sum of ten shillings for each period in any twenty-four hours she is so required, in addition to the salary to which she is otherwise entitled.

(ii) A worker who is required to remain on "remote call", i.e., on call for duty and allowed to leave the hospital precincts, shall be paid an additional sum of five shillings for each period in any twenty-four hours she is so required, in addition to the salary to which she is otherwise entitled.

(iii) Where a worker on remote call is called back to duty, travelling expenses actually incurred, but not exceeding ten shillings, shall be paid by the employer.

(2) No part of this clause shall apply to Matrons. Deputy Matrons, Assistant Matrons or Sub- Matrons of Kalgoorlie, Wooroloo, or the major metropolitan hospitals.

27.—District Allowances. A worker stationed in any of the undermentioned

districts shall be paid the appropriate allowance specified in Column "A" unless she is provided with board and lodging in accordance with Clause 25, in which case she shall be paid the appropriate allowance specified in Column "B".

"A" "B" Allowance Per Week

Boundaries of Districts £ s. d. £ s. d. (1) The area within a line

commencing on the coast; thence east along lattitude 28 to Tallering Peak; then south-east to Mt. Gib- son and Burracoppin; thence to a point south- east at the junction of latitude 32 and longitude 119; thence south along longitude 119 to the coast .... Nil Nil

(2) The area within a line commencing on the coast at latitude 27, then east to a point on longitude 119, then south along longitude 119 to latitude 28, then east along latitude 28 to a point north of Mt. Redcliffe, thence due south along to a point on latitude 30; thence east along latitude 30 to longitude 123; thence south along longitude 123 to the coast; thence along the coast to the boundary of No. 1 Dis- trict 5 0 5 0


"A" "B" Allowance Per Week

Boundaries of Districts £ s. d. £ s. d. (3) The area within a line

commencing on the coast at latitude 26; thence along latitude 26 to longitude 123; thence south along longitude 123 to the boundary of No. 2 District ....

(4) The area within a line commencing on the coast at latitude 24; thence east to the South Australian border; thence south to the coast; thence along the coast to longitude 123; thence north to the intersection of latitude 26; thence west along latitude 26 to the coast

(5) That area of the State situated between the latitude 24 and a line running east from Car- not Bay to the South Australian border 3 0 0 2 2 6

(6) That area of the State north of a line running east from Carnot Bay to the South Austra- lian border 3 10 0 2 10 0

Hospitals within the boundaries as specified above:—

(2) Esperance, Norseman, Leonora, Mt. Magnet, Cue, Menzies, Southern Cross, Sandstone, KaJ- goorlie, Ravensthorpe, Yalgoo 5 0 5 0

(3) Meekatharra, Wiluna, Laverton 9 0 5 0

(4) Carnarvon 1 10 0 15 0 (5) Onslow, Port Hedland,

Marble Bar, Broome, Roebourne, Derby, Wit- tenoom, Halls Creek .... 3 0 0 2 2 6

(6) Wyndham 3 10 0 2 10 0

28,—Emergencies. In the event of any emergency arising, the Com-

missioner of Public Health may, with the consent of the Commission, take such measures as may in his opinion be necessary for the safety and protection or Welfare of patients, notwithstanding anything contained in this award.

29.—Casuals. (1) A nurse employed for a period of less than

two weeks shall be deemed to be a casual worker and be paid fifteen per cent, over the rates specified in this award.

(2) If a casual worker is still required at the end of two weeks, she may be re-employed as a casual with payment as aforesaid, for another two weeks. ' •

30.—Part-Time Employment. (li Notwithstanding anything contained herein,

an employer shall be at liberty to employ part- time workers.

(2) A, part-time v/orker means a worker engaged on an hourly contract of service who regularly works, less than forty hours per week.

(3) (a) Part-time workers who will work whatever hours the employer requires shall be paid the rate of wage prescribed in this award for the class of work performed.

(b) Part-time workers who are only available for duty at certain specified times shall be paid at the rate of wage for a staff nurse in her second year.

(4) Part-time workers shall be allowed sick leave and holidays in accordance with the provisions of this award, only in the proportion which their weekly hours of duty bear to forty hours.

31.—District Sister. Outside a radious of twenty miles from the

General Post Office, Perth, a district Sister shall be classified for the purpose of salary as a Matron of a hospital v/ith a daily average of less than five occupied beds and shall come under the provisions of the award relating to matrons of such hospitals, with the exception of paragraph (g) of subclause (1) of Clause 26. Provided that a district Sister who is not provided with board and lodging by her employer shall be notified by the employer before she takes up her appointment, where she may be suitably and reasonably accommodated, and any charge per week for accommodation in excess of the living-out allowance prescribed by this award shall be paid for by the employer.

32.—Other Provisions. (1) Not less than thirty minutes shall be allow-

ed for each meal: Provided that where a nurse is called on duty during a meal time the period worked shall be counted in the ordinary working hours of duty.

(2) Student nurses sitting for the examination held by the Nurses' Registration Board or Mid- wives' Registration Board shall as far as practicable be taken off night duty at least four weeks before the examinations are held.

(3) For Nurses' Registration Board examinations, as far as practicable, one full day shall be allowed for examinations in addition to the normal days off,

(4) For Midwives' Registration Board examinations, as far as practicable, one full day shall be allowed for examinations in addition to the normal days off.

(5) Where workers leave the hospital for ac- cumulated days off, in excess of four days, they shall be allowed pro rata board allowance, as prescribed by clause 25.

(6) (a) The duties of a ward cadet shall be of the nature of elementary nursing duties such as are performed by first year student nurses.

(b) A.ward cadet, through her cadetship, shall be paid the rate of wage prescribed by this award for a first year student nurse (general training).

33.—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

9 0 5 0

1 10 0 15 0

776

shall be appointed pursuant to regulation 80 of the Industrial Arbitration Act (Western Australian In- dustrial Commission) Regulations, 1964.

(2) The Board of Reference is hereby assigned the function of 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.

34.—Country Service Allowances. Country service allowance to all trained nurses

employed outside a radius of twenty-five miles from the G.P.O., Perth:—

Per Week £ s. d.

Over 50 beds 10 0 Over 20 beds and under 50 beds 1 0 0 Under 20 beds 1 10 0

For the purposes of this clause, the number of beds shall be deemed to be the total bed average of all hospitals working under this award in the town concerned.

35.—Liberty to Apply. Liberty is reserved to either party to apply to

amend Schedule I—Wages, in regard to the position of Sister in Charge, Day Centre, Fremantle Hospital.

In witness whereof this award has been signed by the said Commissioner this 4th day of Novem- ber, 1964.

(Sgd.) E. R. KELLY, Commissioner.

Schedule I. WAGES.

Per Week £ s. d.

(1) Basic Wage: Whole of State—

Males 15 11 2 Females 11 13 5

Percentage of Female Basic

Wage. (2) Student Nurses (Female):

First Year 52! Second Year 60 Third Year 68 Fourth Year 84

Percentage of Male Basic

Wage. (3) Student Nurses (Male):

First Year .. 50 Second Year 65 Third Year 80 Fourth Year 95

Provided that a student who is a married man shall, upon proof of his marriage, be paid a total wage (i.e., cash wage plus board and lodging allowance) equivalent to the basic wage for the time being in force.

Margin Over Basic Wage Per Week. £ s. d.

(4) Student Nurses for Special Certificate:

(a) Trained Nurses— (i) Midwifery Certificate .. 4 11 0 (ii) Infant Health Certificate .... 4 11 0 (iii) Dental Nursing Certificate .... 4 11 0

(b) Others— First year—48 per cent, of female

basic wage. Second year—564 per cent, of

female basic wage. (5) Qualified Nurses:

1. Midwifery Nurse without General Certificate—

First year 5 19 6 Thereafter 6 7 6

2. Staff Nurse or Junior Sister First year 6 7 6 Second year 615 0

3. Sister employed in hospitals with not less than two years' hospital experience after registration either as a Staff Nurse and/or Junior Sister—

First year 7 10 0 Second year 717 6 Thereafter 8 5 0

4. Clinic Sister Training Schools— First year 717 6 Second year 8 5 0 Thereafter 8 12 6

5. Sister in Charge of Geriatric and Psychiatric Wards other than Training Schools—

First year 7 17 6 Thereafter 812 6

6. (a) Home Sister in Nurses' Home with up to 250 nurse resi- dents—

First year 717 6 Thereafter 8 12 6

(b) Home Sister in Nurses' Home with over 250 nurse resi- dents—


7. (a) Sister in Charge of a Ward and/or Department of a Training School or at Bun- bury Hospital and Sister in Charge of Maternity Ward and/or Labour Ward at Kal- goorlie Hospital—


Provided that previous experience as a Sister in Charge of a ward or department in any training school covered by this award shall count as experience.

2 December, 1964,] WESTERN AUSTRALIAN INDUSTRIAL gazette.

Margin Over Basic Wage Per Week.

£ S. d. (b) After five consecutive years'

service as a Sister in Charge of a ward with the same employer 112 6

Provided that where a Sister in Charge of a ward is temporarily transferred to another position to meet the requirements of an employer, service in such other position shall count as service as Sister in Charge of a ward.

8. Sister Training Dental Nurses, Perth Dental Hospital—

First year 9 0 0 Thereafter 915 0

9. Senior Sister of Outpatients' or other Department where more than five trained staff are employed—

First year ... . .. 8 12 6 Thereafter 9 7 6

10. Sister in Charge of Outpatients' or other Departments and Wards where five or less trained staff are employed—


11. Sister in Charge of Outpatients' or other Department where more than five and under ten trained staff are employed—

First year .... ... 11 12 6 Thereafter 12 12 6

12. Sister in Charge of Outpatients' or other Department where more than 10 trained staff are employed—


13. Theatre Sister employed in major theatres of Training Schools and Sister in Charge of Casualty Theatre, Fremantle Hospital—


14. Sister in Charge of less than three major theatres—

First year .... 10 0 0 Thereafter 11 0 0

15. Sister in Charge of three, four or five major theatres and the major theatre blocks at Princess Mar- garet and Fremantle Hospitals—


16. Sister in Charge of major theatres, six and over—



£ s. d. 17. Sister in Charge of Labour floor

with major theatre in Maternity Training School—


18. (a) Afternoon Superintendent— (b) Senior Sister in hospital of

up to thirty bed average— (c) Relieving Sister for Depart-

mental Hospitals— First year 912 6 Thereafter 10 12 6

Provided that the Relieving Sister shall not receive a lesser wage than the employee she is relieving.

19. Night Superintendent— (a) Under 100 beds—


(b) Not less than 100 and under 300 beds—

First year 12 0 0 Thereafter . . 13 0 0

(c) Over 300 beds— First year 13 6 0 Thereafter 14 6 0

(a) Health Services Sister and Senior Sister in a hospital of over 30 to 150 bed average—


(b) Senior Sister in a hospital of over 150 bed average—


21. Tutorial Staff— (a) Principal Tutor at Royal

Perth Hospital— First year 22 0 6 Second year 22 18 6 Thereafter .... 23 16 6

(b) Principal Tutor (except at Royal Perth Hospital)—

First year 1812 6 Second year 19 10 6 Thereafter 20 8 6

(c) Senior Tutor at Royal Perth Hospital—

First year 1512 6 Second year 16 10 6 Third year 17 8 6 Fourth year 18 6 6 Fifth year 19 4 6

(d( Other Tutor and Clinical Instructors—

First year 817 0 Second year . .. 10 5 6 Third year .. . .... 11 13 6 Fourth year 1215 0 Fifth year .... 13 16 6

Provided that a Nurse shall not be paid a lower margin than she was receiving prior to her appointment as Clinical In- structor.

778 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE: [2 December, 1964.


£ s. d. 22. Deputy Matron, Dental Hospital 12 17 6 23. Deputy Matron, Mt. Henry 13 5 6 24. Assistant Matron, Royal Perth

Hospital 17 18 0 24A. Assistant Matron, Princess Mar-

garet, Fremantle and King Edward Memorial Hospitals 15 5 0

25. (a) Deputy Matron, Kalgoorlie and Wooroloo Hospitals 17 18 0

(b) Deputy Matron at Depart- mental Metropolitan Hospi- tals and Country Hospitals other than Kalgoorlie or Wooroloo 12 6 0

26. Deputy Matron at major metropolitan hospitals other than Royal Perth Hospital 17 18 0

27. Deputy Matron, Royal Perth Hos- pital 23 3 0

28. Sub-Matron, Royal Perth Hospi- tal Annexe 20 6 0

29. Senior Assist Matron, Royal Perth Hospital 20 6 0

30. Matron at hospitals with an adjusted bed average of—

(a) Under 5 beds 11 10 0 (b) 5 and under 10 beds 13 0 0 (c) 10 and under 20 beds 14 10 0 (d) 20 and under 50 beds ... 16 0 0 (e) 50 and under 100 beds 18 10 0

30A. Matron, Kmutsford Hospital 13 0 0 31. Matron, Sunset 16 10 0 32. Matron, Dental Hospital 19 0 0 33. Matron. Mt. Henry 19 10 0 34. Matron, Kalgoorlie and Wooroloo

Hospitals 23 10 0 35. Matron at major metropolitan

hospitals other than Royal Perth Hospital 23 10 0

36. Matron, Royal Perth Hospital .. . 30 16 6 37. Sister in Charge of Hospital

Annexe of General, Children's or Maternity Hospitals—

(a) Under 100 beds— First year 9 13 6 Thereafter 10 13 6

(b) Over 100 beds— First year 11 5 0

Thereafter 12 5 0 38. Sister in charge of a private

wing at major metropolitan hospitals other than Royal Perth Hospital—


Note:— (i) Except where otherwise specifically pro-

vided, "experience" shall mean experience with any hospital covered by this award. Provided that experience with hospitals not covered by this award shall be taken into consideration by the employer in fixing a worker's rate of wage. In the event of a dispute between the employer and the Federation in relation to the foregoing, the matter shall be referred to a Board of Reference for determination.

(ii) The onus of proof of previous experience shall rest on the employee concerned, who shall produce a certificate signed by her previous employer or employers setting out the details of such previous experience.

Schedule II. SCHEDULE OF RESPONDENTS.

Albany District Hospital. Claremont Mental Hospital. Collie District Hospital. Kalgoorlie District Hospital. King Edward Memorial Hospital for Women. Laverton Hospital. Marble Bar District Hospital. Mt. Henry Home. Sir Charles Gairdner Hospital. Perth Dental Hospital. Princess Margaret Hospital. Royal Perth Hospital. Warren Hospital. Woodside Maternity Hospital. Wyndham District Hospital.

A WARDS-Amendments of-

BOIMIRMAKERS. (State Electricity Commission.)

Award No. 38 of 1955. BEFORE THE WESTERN AUSTRALIAN


Between the Boilermakers' Society of Australia, Union of Workers, Coastal Districts, W.A., Ap- plicant, and State Electricity Commission of Western Australia, Respondent.

Application to amend Award No. 38 of 1955. Before Mr. Commissioner J. R. Flanagan.

The 22nd Day of October, 1964.

Judgment. THE COMMISSIONER: This is an application by the Boilermakers' Society to amend and consolidate the Boilermaking Trades (State Electricity Commission) Award, No. 38 of 1955, in a manner that will extend to workers covered by this Award, certain similar marginal increases, allowances and conditions awarded on the 15th September, 1964, to those workers employed by the State Electricity Commission of Western Australia in the Engineer- ing Trades (State Electricity Commission) Award 1964.

The applicant's claim involving a number of clauses was filed on the 5th October, 1964, and the respondent, by answer filed on the 7th October, objected to the variations sought and lodged a number of counterclaims. The reply of the applicant union indicated its agreement in respect of certain counterclaims thus reducing the issues in dispute to clauses 3—Scope, 29—Special Rates and Provisions, and 30—Wages.

The matter came on for hearing on the 9th October, and Mr. Cahill, appearing for the applicant, requested that such provisions as are relevant to the workers covered by this award and as apply to workers in the Engineering Trades (State Electricity Commission) Award 1964, be similarly granted.

2 December, 1964,] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. 779

In the judgment of Mr. Commissioner Kelly when issuing the Engineering Trades (S.E.C.) Award wherein an additional allowance of twenty shillings was prescribed for "a worker under the direct control of the Power Production Engineer employed in operating power houses of installed capacity of 12.5 megawatts or more, on maintenance or operation of such power houses, and any worker employed on maintenance work at the Gas Works", he stated that "it is undesirable that employees of the same employer working in close proximity to each other should receive different rates of pay if that situation can reasonably be avoided." He went on to say that as the parties had "agreed to the payment of such an allowance to engineering workers employed by the S.E.C. in connection with the Muja Power Station" he would provide "that the power station allowance is payable on a pro rate basis to workers who are employed for more than 20 hours in any week in an area in which that allowance is payable to workers under the direct control of the Power Px-oduction Engineer."

Subclauses (2) and (3) of clause 3—Scope, as claimed and being identical with the provisions contained in the Scope clause of the Engineering Trades (S.E.C.) Award, provide for the manner and extent, of the operation of the award in respect of the application and adjustment of the disabilities allowance prescribed in the Metal Trades (South West Land Division Industrial Con- struction) Award No. 12 of 1983.

Mr. West, for the respondent, referred to anomalies created by these provisions in their application to classifications other than tradesmen in the Engineering Award and whilst conceding that the adjustment provision did not present any difficulty in the case of classified tradesmen in this award, he was able to demonstrate that the inclusion of these provisions in the manner claimed, would produce an anomaly with respect to leading hands and to the classification of boilermaker who for the greater part of his time is occupied in marking off and/or making templates or jigs.

As I am satisfied, from a careful study of the Commissioner's judgment, that it was not his intention to prescribe provisions which in their application in this context would negate the principle of the payment of like with like, I have decided to prescribe marginal rates in the wages schedule in a manner that will give a precise expression to the aforesaid principle.

29.—Special Rales and Provisions. The claim of the applicant to delete the existing

exclusion that reads "as distinct from heating" in the payment of a welding allowance of one shilling and eightpence per day to a tradesman not employed as a first class welder so as to be consistent with a similar provision in the Engineering Trades (S.E.C.) Award, is opposed by the respondent on the ground that a distinction has always existed between the two awards in this respect and that this difference should continue to be maintained. I fail to see any merit in this counter submission as I believe one should look to the Engineering- Award so recently issued as a guide in determining this matter. It is noted that the previous allowance was increased by fourpence and it appears to me that to continue a varying provision, when in all other respects including the amount to be paid there is agreement between the parties, would be manifestly absurd.

Turning to the claim in respect of overalls, the respondent seeks a conditional provision on the issue of same which would require their replace- ment when they are handed in after becoming worn and unusable. This submission was advanced by the respondent in the engineering trades reference and whilst the Commissioner considered that there was a great deal of merit in the submission, he nevertheless concluded that "overalls would continue to be supplied on the existing basis as there was insufficient evidence to justify the changes sought". However, he indicated that liberty would be reserved to the S.E.C. to apply in respect of this matter. Mr. West, whilst conceding that the nature of the boilermaking trade is such that the incidence of wearing out of overalls is greater than that experienced by certain other workers employed by the S.E.C., contended that in the interests of uniformity there should be reserved to the employer a liberty provision on this matter. As the basic submission of the applicant was directed towards the adoption of a general uniformity of rates and conditions with those contained in the Engineering Trades (S.E.C.') Award, I have decided to reserve liberty to the respondent to apply in respect of this matter.

30.—Wages. The equivalent marginal increase awarded to

fitters, welders and other engineering tradesmen employed by the S.E.C. is sought by this application to extend to boilermakers and the respondent, in opposing the claim, submits that there is no like worker covered by the engineering award to that of boilermaker, boilermaker-welder or marker off.

This is an indisputable fact but to reject the claim merely on this ground would, in my view, be illogical and unreasonable and would completely ignore the principles of comparative wage justice. The basic marginal parity applying to boilermaker tradesmen and fitters has been recognised and adopted by arbitral authorities throughout the years. To suggest that a similar increase be with- held from a boilermaker tradesman, after a com- prehensive inquiry has been made wherein an examination of the marginal rates that are being paid by the electricity authorities of other States resulted in a thirty shillings increase being awarded to tradesmen employed by the S.E.C.. would, in my opinion, be a denial of wage justice. It would, appear, however, that Mr. West, in his concluding remarks, virtually abandoned his earlier objection by stating, as appearing on page 12 of the transcript:—

"I appreciate this position and I think every- body does: we are quite realistic in regard to this although we come here before you, we knew that the margin of the boilermakers is going to increase and it is going to that of the fitter."

In a decision concerning an application to amend the Photo Engraving Award, No. 9 of 1961 (44 W.A.I.G. 521) I expressed the opinion "that a claim made before an arbitral authority postulates that ih" applicant believes that the weight of sub- mi ^ oos and/or evidence supporting such claim n uich that it can be reasonably believed by the aophcanf, that the claim will succeed".

Convexscly I would say that where a respondent files an objection in answer to a claim, it can be assumed, prima facie, that such objection, if not withdrawn at the outset, represents a real and valid objection and not an illusory one.

780 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE, [2 December, 1984.

The respondent seeks to delete the classification of "Boilermaker who for the greater part of his time is occupied in marking off and/or making templates or jigs" on the ground that the reten- tion of this classification is unnecessary in that no boilermaker is engaged on work by the S.E.C. to an extent that one could be so classified. This classification was included in this first award by consent in 1057. In the original award, clause 6— Mixed Functions, provided as follows:—

(a) A worker called upon to perform work carrying a higher rate of pay than his classified rate for two hours in any day or shift shall be paid such higher rate for the whole of the day or shift.

(b) Should any worker be required to perform work in a lower grade his wages shall not be reduced whilst employed in such capacity.

This provision was deleted by consent by Order No. 174 of 1960 and the applicant now seeks its re- inclusion relying on the simple submission that it is a common clause in all awards. The respondent, in acceding to the applicant's wishes for the matter to be dealt with expeditiously, apparently overlooked this section of the claim as presented in the form of a consolidated schedule, when pre- paring answers. This section of the claim, however, was vigorously opposed at the hearing. I was informed that the problems encountered, arising from the application of the disputed classification, caused the withdrawal of the mixed functions clause. The parties at that time apparently did not envisage any difficulties in the practical application of the qualifying provision "who for the greater part of his time is occupied in marking off and or making templates and jigs".

This classification is common to most awards covering the trade of boilermaking and unless it was clearly established to my satisfaction that the classification is superfluous and incapable of application, I would unhesitatingly reject an application for its deletion.

It was suggested for the respondent that the duty of marking off is part of the general trade practice of a boilermaker and that having regard to the manner in which work is performed at the Construction Section of the Belmont Depot, the classification is in any event unnecessary. There would be a clear distinction if the higher classification merely read "Boilermaker-marking off" without the qualifying provision relating to the time engaged, as it would then entitle a boilermaker to be so classified if in the course of his work any marking off were performed.

It would appear that there is a tendency on the part of the workers to interpret the existing classification in this manner and it is largely this which has led to the present dispute. However, the existing classification, as worded, is quite clear and for a boilermaker to be so classified he must be occupied in marking off and/or making templates or jigs for the greater part of his time, i.e., for more than half of his week's work. It is therefore a question of time and surely the magnitude and complexities of particular projects and the de- veloping work associated therewith, determines whether a boilermaker is occupied on marking off for the greater part of his time or not. Moreover, in my view, it should not be necessary to resort to time and motion tests to differentiate between the two boilermaker classifications as I believe it

should only require a commonsense assessment, by the supervisor or foreman of the various work projects under construction to ensure a proper assignment of the respective classifications.

From the evidence revealed on inspection, I am satisfied that the respondent engages on the type of construction work that necessitates the continued inclusion of the classification and accordingly the claim in this respect is granted.

The parties will note in their examination of the minutes which will now issue of the proposed amended award, which also has been consolidated, that there has been added to the agreed Prefer- ence clause a subclause that will allow the effective operation of the provisions of the Industrial Arbi- tration Act, 1912-1963, in respect of this matter. In consequence of this variation and in accordance particularly with subsection (4) of section 69 of the Act, the parties are advised of the rights they may desire to exercise at the speaking to the minutes.

Order accordingly,


No. 398 Of 1964. Between The Boilermakers' Society of Australia,

Union of Workers, Coastal Districts, W.A., Applicant, and State Electricity Commission of Western Australia, Respondent.

HAVING heard Mr. G. C. Cahill, on behalf of the applicant and Mr. R. A. West on behalf of the respondent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me by the Chief Indus- trial Commissioner and in pursuance of the powers contained in Section 92 of the Industrial Arbitra- tion Act, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

That the Boilermaking Trades (State Elec- tricity Commission) Award, No. 38 of 1955, as amended, be and the same is hereby further amended and consolidated in accordance with the following schedule.

Dated at Perth this 23rd day of October, 1964.

(Sgd.) J. R. FLANAGAN, Commissioner.

Schedule. 1.—Title.

This award shall be known as the "Boilermak- ing Trades (State Electricity Commission) Award Consolidated 1964".

2.—Arrangement. 1. Title. 2. Arrangement. 3. Scope. 4. Term. 5. Definitions. 6. Promotions. 7. Contract of Service. 8. Absence from Duty. 9. Sick Leave.

10. Annual Leave. 11. Public Holidays. 12. Long Service Leave.


13. No New Designation. 14. Shop Stewards. 15. Hours of Duty. 16. Guaranteed Week. 17. Overtime. 18. Away from Home and Camp Allowance. 19. Payment for Travelling Time. 20. No Reduction. 21. Preference. 22. Transfers. 23. Board of Reference. 24. Right of Entry. 25. Apprentices. 26. Under-rate Workers. 27. Wages during suspension. 28. Special Rates and Provisions. 29. Wages. 30. Liberty to Apply.

(1) Subject to the provisions of this clause, this award shall apply to all workers employed by the State Electricity Commission of Western Australia in the callings mentioned herein.

(2) The provisions of the Metal Trades (South- west Land Division Industrial Construction) Award, No. 12 of 1863, as amended, with the exception of clause 5—Scope of that award, apply to any worker engaged by the said Commission for construction work on the site of the Muja Power Station to the exclusion of the provision of this award.

(3) The disabilities allowance, height money, and fares and travelling allowance provisions prescribed in award No. 12 of 1963 apply to any worker who is normally employed in an established depot of the said Commission for any time during which he is required to work on construction work on the site of the Muja Power Station, to the exclusion of any provision of the same kind in this award.

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

years from the date hereof. (The date of this award is the 25th day of

July, 1957.)

5.—Definitions. (1) Boilermaker means a tradesman who is

required to develop work from drawings or prints or to make templates or to apply general trade experience in the fabrication, erection and/or repairing of steel or iron ships or boilers or other vessels subject to greater pressure than the weight of their contents including iron and steel receivers or retorts, also riveting by hand or machine, caulking, chipping and operating all machines used in connection with the foregoing (other than stationary drilling machines) and carrying out such marking-off, welding or oxyburning as is incidental to the work of a boilermaker.

(2) Structural steel tradesman means a tradesman engaged in assembling, plating, bolting (temporary or otherwise), riveting by hand or machine, caulking, chipping, staying, reaming, drilling (other than on stationary machines) or such marking-off, welding or oxy-burning as is incidental to the foregoing, or who in the course of his work, operates machines for punching and shearing, rolling, bend- ing, angle or plate straightening, or hydraulic presses or nipping and notching machines in connection with the making and/or repairing of tanks, water locks, towers (other than agricultural and pastoral types) waggons, tenders, trucks, rolling

stock, bridges, girders, columns, principals (roofs or otherwise) trusses, structural iron and steel work, but not including parts of standardised frame buildings made in quantities.

(3) Casual worker means a worker employed for less than one week continuously but does not include a worker, who when work is available, leaves his employment before the expiration of one week.

(4) General Manager means the General Mana- ger of the State Electricity Commission of West- ern Australia.

6.—Promotions. (1) All promotions to positions covered by this

award shall be made under and in accordance with the Government Employees (Promotions Appeal Board) Act, 1945-1960, and the employer shall in the manner prescribed under that Act, notify all applicants for any vacancy or new position of the person recommended for appointment to such vacancy or new position.

(2) A worker who desires to appeal shall serve a notice, in the prescribed form, on the General Manager and the Secretary of the Promotions Ap- peal Board within fourteen clear days after the date of the notice referred to in subclause (1) of this clause.

(3) Where any vacancy occurs, or a new office is created, and it is necessary to fill the position without delay, a temporary appointment may be made but applications for permanent appointment to the position shall be called within two months of the occurrence of such vacancy or the creation of such new office as the case may be.

(4) A worker shall not have the right of appeal in relation to any vacancy or new office to which this award applies, unless the work of that vacancy or new office falls within the registered Constitu- tion of the union of which he is a member.

7.—Contract of Service. (1) A worker shall not leave the service of the

employer except upon the expiry of fourteen days' notice of his intention to do so, given in writing to the employer by the worker, unless the employer otherwise approves.

(2) A worker shall not be dismissed from the service of the employer except upon the expiry of fourteen days' notice of dismissal, given in writing to the worker by the employer, and the x-eason for dismissal shall be stated in that notice.

(3) The px-ovisions of subclause (2) of this clause do not apply with respect to a worker who is dismissed summarily for misconduct, peculation or theft.

(4) The foregoing provisions of this clause do not apply to a casual worker.

(5) The employer may deduct payment for any day or portion of a day on which a worker cannot usefully be employed because of a strike by any one or more of the unions parties to this award or by any association or body on which any one or more of those unions are represented, or with which any one or more of those unions are affiliated.

8—Absence fronx Duty. (1) Any worker losing time through sickness ox-

injury shall as soon as possible notify his foreman or other officer-in-charge in sufficient time to permit of arrangements being made for the performance of his duties.


(2) Subject to the provisions of clause 9—Sick Leave, any worker losing time through sickness or special leave shall be reduced in wages only to the extent of the time actually lost through sickness or granted as special leave.

9.—Sick Leave. (1) (a) A worker shall be entitled to payment

for non-attendance on the ground of personal ill- health for one-twelfth of a v/eek's pay for each completed month of service.

(b) The liability of the Commission shall in no case exceed one week's wages during each calendar year in respect of each worker but the sick leave herein provided shall be allowed to accumulate and any portion unused in any year may be availed of in the next or any succeeding year.

(c) Payment hereunder may be adjusted at the end of each calendar year, or at the time the worker leaves the service, 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 does not apply where the worker is entitled to compensation under the Workers' Compensation Act.

(3) For the purpose of this clause the expression "non-attendance on the ground of personal ill- health" shall be deemed to include absence of a worker for not more than three consecutive working days due to the death or unexpected critical illness of a member of the worker's immediate family (i.e., wife, parent, child, brother or sister) but only if and to the extent that the worker proves to the satisfaction of the employer that his absence was necessary.

(4) Subject to the provisions of subclause (3) of this clause, a worker shall not be entitled to the benefit of this clause unless he produces proof of sickness to the satisfaction of the employer, but the employer shall not be entitled to a medical certificate unless the absence is for three consecutive working days or more.

(5) A worker is not entitled to payment for any absence due to his own fault, neglect or misconduct.

10.—Annual Leave. (1) Subject to the provisions of this clause, a

period of three consecutive weeks leave with payment of ordinary wages as prescribed, shall be allowed annually to a worker by the employer after a period of twelve months continuous service with the employer.

(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) Subject to the provisions of paragraph (b) of this subclause, 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, and no such deduction shall be made for any approved period or periods during which a worker is absent from duty through sickness with or without pay, unless the absence exceeds thirteen weeks in the aggregate, in which case deduction may be made for such excess only.

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

(4) Subject to the provisions of subclause (5) of this clause a worker whose employment terminates after one month's continuous service in any qualifying twelve monthly period, shall be paid one-quarter of a week's pay in respect of each completed month of continuous service in that qualifying period.

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

(6) A worker whose employment terminates shall be entitled to payment for any complete period of annual leave due to him.

(7) For the purpose of subclause (1) of this clause, "ordinary wages" means the rate of wage the worker has received for the greatest proportion of the calendar month prior to his taking annual leave.

(8) Annual leave shall be calculated up to the end of each financial year.

(9) The provisions of this clause shall not apply to a casual worker.

(10) Depots or sections may roster workers to take annual leave at Christmas or Easter periods and workers with less than a full year's service shall be entitled to payment during such periods for the number of days leave due to them; provided that nothing herein contained shall deprive the Commission of its right to retain such workers at work during the close-down period as may be essential.

11.—Public Holidays. (1) (a) The following days or the days observed

in lieu shall, subject as hereinafter provided, be allowed as holidays, without deduction of pay, namely: New Year's Day, Australia Day, Good Fri- day, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day; 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 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) (a) Whenever any holiday falls on a worker's ordinary working day and the worker is not required to work on such day he shall be paid for the ordinary hours he would have worked on such day if it had not been a holiday. If he is required to work on a holiday he shall be paid for the time worked as if it were an ordinary working day and shall, in addition, be allowed a day's leave with pay to be added to the annual leave or to be taken at some subsequent date if the worker so agrees.

(b) If any worker is required to work on a public holiday prescribed as a holiday under this award which falls on a non working day, he shall be paid


the rate which he would have been paid if the day had not been a public holiday, and in addition shall have one day for each holiday so worked added to his annual leave.

(3) When a worker is off duty owing to leave without pay or sickness including accidents on or off duty, except time for which he is entitled to claim sick pay, any holiday falling during such absence shall not be treated as a paid holiday. Where the worker is on duty or available on the whole of the working day immediately preceding a holiday or resumes duty or is available on the whole of the working day immediately following a holiday as prescribed in this clause, the worker shall be entitled to a paid holiday on all such holidays.

(4) Day workers employed on Sunday work will be entitled to half of one day extra on their annual leave for every six Sundays worked during the year; Sunday work shall not be counted for the purpose of this subclause unless at least three hours actual work is done.

(5) The provisions of this clause do not apply to a casual worker.

12.—Long Service Leave. The conditions applying to full time Government

wages employees generally, in force at the date of this award, and any amendments to those conditions made during the currency of this award, shall apply to all workers employed under this award.

13.—No New Designation. No new designation shall be introduced during

the currency of this award so as to reduce the stat- us of any worker covered thereby.

14.—Shop Stewards. Where a worker is appointed a Shop Steward

in the shop or section in which he is employed the union shall notify the General Manager accordingly in writing and that worker shall be recognised as an accredited representative of the union to which he belongs.

15.—Hours of Duty. (1) Forty hours exclusive of Saturday and Sun-

day work shall constitute a week's work. No day's work shall exceed eight hours without payment of overtime.

(2) The ordinary hours of duty shall be between the hours of 7.15 a.m. and 5 p.m. Monday to Fri- day inclusive.

(3i The usual hours of duty within the scope as provided in subclause (2) hereof shall not be altered without consultation with the union concerned, parties to this award.

(4) For the purpose of computing time for which payment is to be made, calculations shall be made to the nearest one-quarter hour.

16.—Guaranteed Week. (1) Subject to the provisions of this clause, the

employer shall guarantee to each worker other than a casual worker a full week's work exclusive of Saturday and Sunday work. Each week shall stand by itself.

(2) The guaranteed period may be reduced or affected as follows:—

(a) Where a worker is suspended. (b) In respect of any day when, as a result

of a vote taken by the workers concerned with the consent of the employer, or by agreement between the employer and the unions concerned, a holiday is taken.

(c) In respect of any day a worker is absent except through sickness as provided for in clause 9.

(d) By any period during which the employer is unable wholly or partly to continue operations at the generating stations and/ or at any of its undertakings because of any action on the part of any section of its workers or for any other cause beyond the employer's control.

17.—Overtime. (1) All time worked by a worker outside that

worker's usual hours of duty shall be regarded as overtime.

(2) The rates payable for overtime shall be— (a) subject to the provisions of paragraph (b)

of this subclause where the worker commences the overtime within the period of one and one-half hours prior to his usual starting time, time and one-half for the time worked in such one and one-half hour period;

(b) double time for all time worked on a Sun- day;

(c) subject to the provisions of paragraph (a) of this subclause, double time for all time worked between 10 p.m. on any of the days Monday to Friday inclusive and the worker's usual starting time on the next day; and

(d) subject to the foregoing provisions of this subclause, time and one-half for the first four hours and double time thereafter.

(3) For the purpose of paragraph (c) of subclause (2) of this clause, the expression "Usual starting time" shall mean the time at which the worker usually commences his ordinary hours of duty.

(4) An apprentice under eighteen years of age shall not be required to work overtime without his consent.

(5) (a) Subject to the provisions of this subclause, a worker who commences to work overtime at or after the usual ceasing time and before the usual starting time—

(i) shall, if the overtime exceeds two hours and is continuous with his day's work, be supplied with a meal by his employer or be paid six shillings for a meal; the continuity of work shall not be deemed to have been interrupted by any meal break allowed within the two hour period referred to, but no such meal period shall be paid for.

(ii) shall be allowed a meal time of twenty minutes without loss of pay after each four continuous hours of overtime worked, but only if he continues work after the meal time; and

784

fiii) shall be supplied with a meal by his employer or be paid four shillings in respect of each meal time to which he is entitled under the last preceding subparagraph.

(b) The provisions of subparagraphs (i) and (iii) of paragraph (a) of this subclause shall not apply—

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

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

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

(d) For the purpose of paragraph (a) of this subclause, the expressions "usual starting time" and "usual ceasing time" mean respectively, the time at which the worker usually commences and the time at which he usually ceases his ordinary hours of duty.

(6) All time worked during the usual meal time shall be paid for at overtime rates and such rates shall continue until the worker knocks off for his meal.

(7) (a) A worker required to return to work overtime after leaving his employer's premises, and who returns home on completion of that overtime, shall be paid ten shillings in addition to the following minimum payments for any overtime worked, namely:—

U) if notified of the requirement to work overtime before leaving his employer's premises—

(aa) for a minimum of two hours at overtime rates on a Saturday;

(ab) for a minimum of one hour at overtime rates on any other week day.

(ii) If not so notified— (aa) for a minimum of three hours at

overtime rates on a Saturday; (ab) for a minimum of two hours at

overtime rates on any other week day,

and the worker shall not be obliged to work for the minimum period applicable to him if the job for which he has been brought in has been completed in less time.

(b) The provisions of this subclause do not apply to Sunday work.

(c) The allowance of ten shillings prescribed in subclause (a) shall be halved when the employer provides transport.

(8) A worker who works overtime on a Sunday shall be paid for not less than four hours at the rate applicable to that day, and the worker shall not be obliged to work for the four hours if the job for which he was brought in is completed in less than four hours, but if he is called out for duty

more than once within a period of four hours from the start of a previous call-out for duty, he shall not be entitled to any further payment for time worked within that period of four hours.

(9) When a worker is required to hold himself in readiness as from a specific time for a call-out to work after ordinary hours, he shall be paid at ordinary rates for the actual time during which he so holds himself in readiness.

(10) A worker shall not work more than sixteen hours consecutively in any one period of twenty- four hours.

(11) (a) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that each worker has at least eight consecutive hours off duty between the work of successive days.

(b) A worker (other than a casual worker) who works so much overtime between the termination of his ordinary work of one day and the commencement of his ordinary work on the next day that he has not had at least eight consecutive hours off duty between those times, shall, subject to this subclause, be released after completion of such overtime until he has had eight consecutive hours off duty without loss of pay for ordinary working hours occurring during such absence.

(c) If, on the instructions of his employer, such a worker resumes or continues work without having had such eight consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had eight consecutive hours off duty without loss of pay of ordinary working hours occurring during such absence.

(d) Overtime worked in the circumstances referred to in subclause (7) and (8) of this clause shall not be regarded as overtime for the purpose of this subclause where the actual time worked is less than the appropriate minimum period referred to in those subclauses.

(12) Travelling time shall not be regarded as time worked within the meaning of this clause.

18.—Away from Home and Camp Allowance. (1) When a worker on instructions from his em-

ployer proceeds on duty from the place where he is then or usually employed, the employer shall transport the worker free of cost to the worker or pay any fares (including return fares on completion of job) reasonably incurred by the worker and, except where camping conditions obtain, shall pay a proper allowance at cm-rent rates for all necessary meals or board and lodging.

(2) The standard of food and accommodation at present made available by the employer to workers required to camp shall be maintained and the present method of catering shall be continued unless in any particular case the parties to this award otherwise agree.

(3) Liberty is reserved to either party to apply to amend this clause—

(a) in the event of any dispute as to the maintenance of the standard referred to in subclause (2) of this clause; and

(b) in the event of a situation arising which requires a modification of the existing methods of catering or affects the maintenance of the standards referred to in subclause (2) of this clause.


19.—Payment for Travelling Time. (1) A worker going to work away from or re-

turning to his home station shall be paid at ordinary rates for the actual travelling or waiting time for the first eight hours and thereafter at half the ordinary rates in any one period of twenty-four hours.

(2) Where the waiting time exceeds four hours, and suitable accommodation is available, the worker shall be deemed to be booked off duty and shall not be entitled to payment for the time he is booked off.

(3) Sunday travelling time shall be paid at the same rates and on the same conditions as on week days.

(4) In respect of a worker who is provided with a sleeping berth in a passenger train, travelling time shall not count between 10 p.m. and 7 a.m.; provided this shall not operate to reduce the travelling time to be paid for below four hours in any one day; provided further that where by virtue of the length or nature of the journey the sleeping berth is available for six hours or less, travelling time shall be paid for such period with a minimum of four hours.

(5) A worker attached to a depot or workshop who is required to start work at some place other than his usual workshop or place of employment shall, if the time taken in travelling from his place of residence to the job and return exceeds the time normally taken in travelling from his usual place of residence to his usual workshop or place of employment and return, be paid for such excess travelling time at ordinary rates, and if the fares actually and reasonably incurred in such travelling- exceed the fares normally paid by the worker in travelling from his place of residence and return; the employer shall pay the amount by which such fares exceed those usually paid for travelling to and from his usual workshop or place of employment.

(6) A worker who is to be permanently transferred away from his usual workshop or place of employment shall be notified accordingly before being so transferred.

(7) A worker whose depot is not at Medina, or is not within a fifteen mile radius of the G.P.O., Perth, and who is required to start work at some place other than the depot to which he is attached, or the camp where he is living, shall travel one way from or to work in his own time, but the worker shall not be required to travel for more than three-quarters of an hour in any one day in his own time.

20.—No Reduction. This award shall not in itself operate to reduce

the wage of any worker who is at present receiving above the minimum rates prescribed for his class of work.

21.—Preference. (1) Subject to the provisions of subclause (2)

of this clause preference of employment shall be given to financial members of the Union party to this award; provided that the State Electricity Commission shall be under no obligation to com- municate with the Union to ascertain whether a member is financial.

(2) A worker who holds a certificate of exemption from union membership issued and in force pursuant to section 6 IB of the Industrial Arbitra- tion Act, 1912-1963, shall not be excluded from employment by reason only of the fact that he is not a member of the union party to this award. (4)—90499

22.—Transfers. (1) Subject to the provisions of this clause, a

worker required to transfer permanently to or from the metropolitan area or from one country district to another, involving a change of residence shall—

(a) be paid not less than ten pounds for a married man and thirty shillings for a single man; a married man who does not transfer his family shall be paid as a single man until he does transfer his family;

(b) be paid such further out-of-pocket expenses (if any) as the employer in his discretion shall decide to have been reasonably incurred;

(c) be granted the equivalent of fares incurred for himself and dependent family and where it is necessary for the worker to travel by train overnight, fares shall include second class sleeping accommodation for himself and dependent family;

(d) be paid actual travelling and waiting time up to a maximum of eight hours per day. No overtime, Saturday or Sunday time rates shall apply;

(e) in the case of married workers, be allowed one day for packing and one day for un- packing. A married man who does not transfer his family shall be treated as a single man; and

(f) be given at least fourteen days' notice of the actual transfer date.

(2) A worker who applies to be transferred permanently in his own designation from one depot to another shall only be entitled to the provisions of paragraph (c) of subclause (1) of this clause.

(3) The provisions of this clause do not apply to any successful applicant receiving promotion under the provisions of the Promotions Appeal Board Act.

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

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

(2) The Board of Reference is hereby assigned 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.

24.—Right of Entry. (1) Subject to the provisions of subclause (2) of

this clause, on notifying the officer-in-eharge, any officer of a union party to this award authorised in writing by the President and Secretary of that union, shall have the right to enter during ordinary working hours any place or premises wherein members of that union covered by this award are engaged, for the purpose of conversing with or interviewing those members in such place or premises.

(2) Such officer shall not hamper or otherwise hinder the workers in the carrying out of their work. The officer in charge shall determine whether workers are being hampered or hindered in their work.

786 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [2 December, 1964;

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

governed by the Apprenticeship Regulations made under the Industrial Arbitration Act, 1912-1963, and gazetted on the 3rd February, 1964.

(2) Apprentices shall be allowed to boilermaking, boilermaking and/or steel construction work and/or first class welding.

(3) An apprentice on satisfactorily passing his probationary period examination shall be supplied for his sole personal use a kit of tools of a standard at least equivalent to that at present supplied by the employer.

26.—Under-rate Workers. (1) A worker, who, by reason of old age or in-

firmity, is unable to earn the minimum wage prescribed by this award, may be paid such lesser- rate as may from time to time be agreed upon in writing between the respondent and all or a majority of the applicants to this award.

(2) If agreement is not reached, the matter may be referred to the Board of Reference for determination.

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

(4) A worker whose wage has been so fixed, may work for and be employed by the employer for such wage for a period of six calendar months thereafter, and after the expiration of the said period until fom-teen days' notice in writing shall have been given him on behalf of all or a majority of the applicant unions requiring his wage to be again fixed in the manner prescribed by this clause.

27.—Wages During Suspension. (1) Where a worker is suspended pursuant to the

provisions of the State Electricity Commission Act, 1945-1959, and the charge is not proven, full wages for the period of suspension shall be paid.

(2) Where the charge is admitted or proven, the worker may be deprived of wages for the whole or any portion of the period of suspension, but in such case the employer shall decide the amount of wages of which it is intended to deprive the worker and" any such deprivation shall be recorded and regarded as part of the punishment.

28.—Special Rates and Provisions. (1) A worker, shall be paid an allowance of two

shillings for each day on which he works on or from temporary stages, planks or ladders at a height of fifty feet or more above the ground floor level.

(2) A worker who is required to work in a stooped or otherwise cramped position or without proper ventilation because of the dimensions of the com- partment, or space, in which he is working, shall, whilst so working, be paid eightpence per hour- extra.

(3) A tradesman (not employed as a first class welder) or an apprentice in his final year who, in addition to his employment as such, is also required to do welding (as distinct from cutting of a minor nature) shall be paid one shilling and eight pence per day in addition to his ordinary rate whilst so engaged.

(4) A worker required to use explosive powered tools shall be paid twopence per hour extra with a minimum payment of one shilling and fourpence per day.

(5) A worker who holds a St. John Ambulance Association certificate and who is appointed as a First Aid attendant, shall be paid one shilling per day extra.

(6) (a) A worker under the direct control of the Power Production Engineer employed in operating power houses of installed capacity of 12.5 megawatts or more, on maintenance or operation of such power houses, and any worker employed on maintenance work at the gas works, shall be paid—

(i) ten shillings per week in the case of a first, second, or third year apprentice;

(ii) twenty shillings per week in all other- cases.

(b) The allowance prescribed in paragraph (a) of this subclause shall also be payable pro rata to a worker who is not under the direct control of the power production engineer or who works at the gas works otherwise than on maintenance work if he is employed for more than twenty hours in any week in an area in which the said allowance is payable.

(c) A worker who is paid an allowance under this subclause shall not be entitled to receive any other allowance prescribed in this clause, except that prescribed in subclause 5 of the clause.

(7) Reasonable change room lockers and wash- ing facilities shall be provided at Power Stations and permanent depots.

(8) (a) The employer shall have available a sufficient supply of protective equipment for use by workers engaged on work for which some protective equipment is necessary.

(b Before any protective equipment which has been used by a worker is re-issued by the employer to another worker, it shall, where necessary, be effectively sterilised.

(c) A worker to whom protective equipment is issued—

(i) shall sign an acknowledgment of receipt thereof;

(ii) shall be responsible for any loss or damage to that equipment (other than fair wear and tear attributable to ordinary use) while it is on issue to him; and

(iii) shall not lend that equipment or any part thereof to another worker.

(d) If a worker lends protective equipment to another worker contrary to the provisions of paragraph (c) of this subclause, both the lender and the borrower shall be deemed guilty of misconduct.

(9) (a) Each worker shall be supplied with two sets of overalls annually after six months continuous service.

(b) Each worker to whom overalls are issued— (i) shall sign an acknowledgment of receipt

thereof; (ii) shall return those overalls to the employer

if his employment terminates; (iii) shall be responsible for any loss or damage

to those overalls other than fair wear and tear attributable to ordinary use.

2 December, 1964.] WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. *187

(10) Any dispute as to the application of any of the provisions of this clause may be determined by the Board of Reference.

29.—Wages Schedule. (1) Each worker shall be paid the basic wage

prescribed in this subclause and in addition the margin assigned herein to his class of work under Column "A" for as long as he is employed under the provisions of subclause (3) of clause 3 of this award and the margin assigned herein to his class of work under Column "B", when otherwise employed.

£ s. d. (a) Basic Wage 15 8 0 (b) Margins over Basic Wage:

Column Column "A" "B"

£ s. d. £ s. d. (i) Boilermaker and/or

Structural Steel Tradesman .... 5 6 0 6 16 0

(ii) Welder 1st Class who is required to apply general trade experience .... 5 6 0 6 16 0

(iii) Boilermaker who for the greater part of his time is occupied in marking off and/or making templates or jigs .. 6 0 0 7 14 0

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

(i) If in charge of not more than ten other workers .... 110 15 0

(ii) If in charge of more than ten other workers and not more than twenty other workers 2 2 6 2 6 6

(iii) If in charge of more than twenty other workers .... 3 3 6 3 7 6

(2) A casual worker shall be paid 15 per cent, of the ordinary rate in addition to the ordinary rate prescribed for his class of work.

(3) Apprentices shall be paid the following per- centages of, or margin over, the appropriate basic wage:—

First year 35% Second year 50% Third year 68% Fourth year 90% Fifth year 100% + £1 18s. 3d.

30.—Liberty to Apply. Liberty is reserved to the State Electricity Com-

mission to apply to amend subclause (9) of clause 28—Special Rates and Provisions.

BOILERMAKING. (Mining.)



Between Boilermakers' Society of Australia Union of Workers Kalgoorlie Branch, No. 11, Applicant, and Lake View and Star Limited and others. Respondents.

HAVING heard Mr. L. E. Hearle on behalf of the applicant and Mr. G. J. Martin on behalf of the respondents, and by consent, I, the undersigned. 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 Award No. 33 of 1947 be and the same is hereby amended by deleting therefrom the Long Service Leave provisions and by substituting therefor the provisions contained in Volume 44, Western Australian Industrial Gazette, commencing at page 737.

Dated at Perth this 8th day of October, 1964. [L.S.] (Sgd.) D. CORT,

Commissioner.

CARPENTERS AND JOINERS. (Gold Mining.)



Between The Western Australian Amalgamated Society of Carpenters and Joiners' Industrial Union of Workers, Applicant, and Lake View and Star Limited, Respond- ents.

HAVING heard Mr. L. E. Hearle 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 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—


Dated at Perth this 1st day of October, 1964. [L.S.] (Sgd.) D. CORT,

Commissioner.

CLERKS. (Oil Refinery.)



Between Federated Clerks' Union of Australia Industrial Union of Workers, W.A. Branch, Applicant, and B.P. Refinery (Kwinana) 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 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—


Dated at Perth this 9th day of November, 1964. [L.S.] (Sgd.) D. COBT,

Commissioner.

ELECTRICAL TRADES. (Gold Mining.)



Between Electrical Trades Union of Workers of Australia (Western Australian Goldfields Sub-Branch), Kalgoorlie, Applicant, and Lake View and Star Limited and others, Respondents.

HAVING heard Mr. L. E. Hearle on behalf of the applicant and Mr. G. J. Martin on behalf of the respondents, and by consent, I, the undersigned, 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—


Dated at Perth this 29th day of September, 1964. [L.S.] (Sgd.) D. CORT,

Commissioner.

ENGINE DRIVING. (Gold Mining.)



Between The Federated Engine Drivers and Firemen's Union of Workers of Western Australia, Applicant, and Lake View and Star Limited, Respondent.

HAVING heard Mr. L. E. Hearle 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 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—



Commissioner.

ENGINEERING. (Gold Mining.)


INDUSTRIAL COMMISSION.

No. 341 of 1964. Between Amalgamated Engineering Union of Workers, Kal-

goorlie Branch, Applicant, and Lake View and Star Limited and others, Respondents.



Dated at Perth this 29th day of September, 1964.

[L.S.] (Sgd.) D. CORT, Commissioner.

ENGINEERING. (State Electricity Commission)

Award No'd. 36, 37 and 38 of 1961.


No. 384 of 1964.

In the matter of the Industrial Arbitration Act, 1912-1963, and in the matter of an Industrial Dispute between Coastal District Committee Amalgamated Engineering Union Association of Workers, The Australasian Society of En- gineers' Industrial Union of Workers, and The Electrical Trades Union of Workers of Austra- lia (Western Australian Branch), and The State Electricity Commission of Western Aus- tralia.

WHEREAS on the 23rd day of September, 1964, a compulsory conference was held pursuant to the said Act between the abovenamed parties and, as it appeared that the matters in dispute could not be settled at such conference and no agreement was arrived at in respect thereof, the parties to the dispute consented to the same being heard and determined by the undersigned Commissioner presiding over the conference; and whereas having heard Mr. J. H. Mutton on behalf of the Coastal District Committee Amalgamated Engineering Union Association of Workers; Mi". R. Anderson on behalf of The Australasian Society of Engineers' Industrial Union of Workers; Mr. R. W. Fletcher on behalf of The Electrical Trades Union of Workers of Australia (Western Australian Branch), and Mr. R. A. West on behalf of The State Elec- tricity Commission of Western Australia, I, the undersigned, Commissioner of The Western Aus- tralian Industrial Commission, having jurisdiction to hear and determine the dispute 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 Engineering Trades (State Elec- tricity Commission) Award of 1964, Nos. 36, 37 and 38 of 1961, be and the same Is hereby amended in the manner following:—

(1) Delete subclause (8) of Clause 30 and insert in lieu thereof:—

(8) A fitter and his assistant required to set safety valves, shall be paid an allowance of five shillings in addition to any other allowance which may be payable.

(2) Add to subclause (10) of clause 30 the following paragraph (e):—

(e) Notwithstanding the provisions of paragraph (d) of this subclause a worker who, prior to 15th September, 1964, would have been entitled to an allowance of three shillings per day when working in a confined space shall be paid the said allowance under the conditions which then applied.

Dated at Perth this 30th day of October, 1964. [L.S.]

(Sgd.) E. R. KELLY, Commissioner.

[For Order referring this matter to the Commis- sion see page 749.]

GRAIN HANDLING. (Country Sidings.)

(A.W.U.) Award No. 12 of 1962.


No. 417 of 1964. Between Australian Workers' Union, Westralian

Branch, Industrial Union of Workers, Appli- cant, and Co-Operative Bulk Handling Limited, Respondent.

HAVING heard Mr. H. Barry 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 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 Grain Handling (Country Sidings) Award, No. 12 of 1962, as amended, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 6th day of November, 1964. [L.S.i (Sgd.) D. CORT,

Commissioner.

Schedule. Delete Clause 8—Away from Home Allowance and

insert in lieu thereof the following:

8.—Away from Home Allowance. A worker who has had three months' con-

tinuous service in the employment of the employer shall if required to work at a siding and

no reasonable transport facilities are available to proceed to and from his home elsewhere than at that siding shall be paid an away from home allowance which is to cover any fares and/or travelling expenses incurred while at that siding as follows:—

(a) If required to work and available for work at such siding from Thursday to Wednesday inclusive—£3 5s. per week.

(b) If absent from duty without the employer's permission on the working day preceding or the working day succeeding a holiday or a week-end—Ten shillings for each day worked.

(c) If required to work at such a siding for less than a complete week—Ten shillings for each day so required in- eluding Ten shillings for each of Sat- urday, Sunday and holidays if available for work on the working days immediately preceding and succeeding such Saturday, Sunday and/or holiday or holidays.

For the purpose of this clause continuous service shall not be deemed to be effected by—

(i) holidays pursuant to this Award; (ii) sick leave pursuant to this Awai'd; or (iii) absence from duty authorised by the

employer.

INDEPENDENT SCHOOLS. (Assistant Mistresses.)



Between The Independent Schools Salaried Officers' Associa- tion of Western Australia Industrial Union of Workers, Applicant, and the Management of St. Hilda's Church of England Girls' School and others, Respondents.

HAVING heard Mrs. N. J. Keir 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 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 Indus- trial Arbitration Act, 1912-1963, and all other powers therein enabling me, do hereby order and declare—

That the Independent Schools Salaried Officers' (Assistant Mistresses) Award, No. 35 of 1960, as amended, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 22nd day of October, 1964. [L.S.] (Sgd.) J. R, FLANAGAN,

Commissioner.

Schedule. 1. Clause 8—Contract of Service : Delete subparagraph

(ii) of subclause (c) of this clause. 2. Clause 10—Salaries and Allowances ; Delete the whole

of this clause from the award and in lieu thereof insert the following new clause :—

10.—Salaries and Allowances. Per Per

Week. Annum. £ s. d. £

(a) Basic Wage 11 II 0 601

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [2 December, 1964

(c) In addition to the salaries prescribed in subelauses (a) and (b) of this clause the following additional amounts shall be payable :—

Per Annum. (i) The Senior Mistress in a secondary £

school— (a) with an enrolment of 300

pupils or more 159 (b) with an enrolment of less than

300 pupils 106 (ii) The Senior Mistress in a primary

school 50 (iii) Assistant Mistresses who teach fifteen

periods or more in sub-leaving and/or leaving years .... .... .... .... 53

(iv) Assistant Mistresses in the Primary School who regularly teach periods in the Secondary School shall be paid the appropriate Secondary School rate prescribed for the time they are so teaching in the Secondary School.

(v) Secondary Department Assistant Mistresses on attaining an Honours Degree, or Degree higher than that of Bachelor, to be credited with one extra year's experience.

(d) " Experience."—For the purpose of this clause shall mean experience as a full time teacher in the emploj'- ing School.

Provided that continuous full time experience in other schools shall be taken into account in determining the position on the salary scale for new appointees, but the period so allowed shall not exceed five years unless the Principal determines otherwise.

(e) Assistant Mistresses.—Part Time shall be paid not less than the following :—

(i) For each period of up to forty minutes— Graduates—Twenty-two shillings per period. Non-Graduates—Teacher's Certificate—Twenty

shillings per period. All others—Seventeen shillings per period.

(ii) The provisions for Assistant Mistresses—Full . Time contained in this award shall apply to Assistant Mistresses—Part Time except where specifically excluded.

(f) Assistant Mistresses—On Supply shall be paid one- fortieth of the appropriate annual salary prescribed in this award for each week of employment.

(g) (i) Assistant Mistresses in Kindergartens (conducted mornings only) holding a Kindergarten Diploma, shall be paid a minimum salary at the rate of £747 per annum.

(ii) Assistant Mistresses in Kindergartens (conducted mornings only) and being untrained, shall be paid a minimum salary at the rate of two-thirds of the appropriate total rate prescribed in column one provided that such rate shall not exceed the rate provided for the eighth year in the column one of subclause (b) of this clause.

(h) (i) The basic wage per annum is ascertained by multi- plying the basic wage for females per week as declared by the Western Australian Industrial Commission from time to time by fifty-two to the nearest pound.

(ii) For the purpose of adjustment and payment the weekly salary shall be calculated as one fifty-second of the annual salary, the fortnightly salary as one twenty-sixth of the annual salary and the monthly salary as one-twelfth of the annual salary.

3. This amendment in so far as it effects Clause 10— Salaries and Allowances shall operate as from the 1st January, 1965 and remain operative throughout 1966.

MEAT INDUSTRY. (Sausage Casing Manufacturing.)



Between West Australian Branch, Australasian Meat Industry Employees' Union Industrial Union of Workers, Perth, Applicant, and Aus- tralian Casing Co. Pty. Ltd., Respondent.

Before Mr. Commissioner E. R. Kelly. The 2nd day of November, 1964.

Judgment. THE COMMISSIONER: This is an application by the Australasian Meat Industry Employees' Union (West Australian Branch) to amend the Meat In-

791

dustry (Sausage Casing Manufacturing) Award, No. 42 of 1956, by adding a new clause to give preference of employment to members of that union and to provide for compulsory union membership.

In support of the application, Mr. Burns pointed out that a clause similar to that claimed was contained in eight State awards to which the union was a party and that the two major Meat Industry awards of the Commonwealth Conciliation and Arbitration Commission contained provisions relating to preference to unionists. He submitted that the employment of non-unionists in the Meat Industry frequently resulted in industrial unrest and that, so far as he was aware, the only stoppage in recent years in the industry to which this award applies had resulted from the refusal by certain workers to become members of the union. He also drew attention to the fact that a Prefer- ence to Unionists clause appears in awards applying to other workers in the works at which the workers under this award are employed.

Mr. Carter, appearing for the respondent, adopted the general arguments which had been advanced to the Commission in Court Session in opposition to a similar claim in the Ice Cream Manu- facturing Award, although he recognised that those arguments had not found favour with the Com- mission in that case. He submitted, however, that the decision in that case (44 W.A.I.G. 513), gave no support to the present claim and that the remarks then made by the Commission, in particular those relating to the good industrial record of the Food Preservers Union, did not apply to the applicant in this case. He referred in this connection to the history of stoppages by slaughter- men at the Midland Junction Abattoir, to a recent stoppage at the Broome Meat Works and to another stoppage of recent date at the works of W. O. Johnston & Sons. From this Mr. Carter asked the Commission to conclude that the union had failed to demonstrate that it could control its members and he argued that if a union's failure to ensure that its members observed the law justified the withdrawal of an already granted preference, then it operated equally to prevent preference being granted.

I may say at once that I agree generally with Mr. Carter's statement of principle but I do not share his view of the facts. It is true that at one time the industrial record of the Meat Industry Employees' Union was far from good, particularly insofar as its tally-work members were concerned, but it is also true that the executive of this union has, in more recent time, made a determined and successful effort to direct its members along the proper path. Early this year, for example, it imposed penalties under its rules on members who had stopped work contrary to its instructions. More recently the executive and the members have shown a reasonable and co-operative attitude to the im- plementation of changes brought about by new Department of Primary Industry Regulations. In the case of the stoppage at W. O. Johnston's, to which Mr. Carter referred, prompt action by Mr. Burns resulted in a speedy resumption of work and a negotiated settlement of the matter in dispute. I am not familiar with the details of the Broome dispute to which reference was made, but the fact that Broome is many hundreds of miles from Perth must be taken into consideration in assessing whether the union has exercised proper control over its members. Again, whilst it is true that we must look at the industrial record of the union as a whole, it is not without significance that the employees covered by this award have a good record

and have maintained that record over a considerable period even when other workers at the works at which they are employed have been on strike.

I am satisfied that the recent history of this union shows a progressive recognition of the desirability of pursuing a lawful course in the settlement of industrial disputes. I am also satisfied that the granting of preference in the industry covered by this award is more likely to result in a continuance of that attitude than a reversal of it. If events should prove me wrong in this respect, then the provision which I propose to grant can, of course, be deleted.

In the Ice Cream Manufacturing case, the Com- mission gave careful consideration to its powers to grant preference to unionists and also to the interests of the persons affected by a Preference to Unionists provision and framed a clause which it considered to be within its jurisdiction and which gave proper protection to those interests. A clause in similar terms will be included in this award but as that clause is not in accordance with the specific claims of the parties, they may exercise their rights under section 69 (4) at the speaking to the minutes.

Order accordingly.


NO. 906 of 1963. Between West Australian Branch, Australasian

Meat Industry Employees' Union, Industrial Union of Workers, Perth, Applicant, and Aus- tralian Casing Co. Pty. Ltd., Respondent.

HAVING heard Mr. M. E. Burns on behalf of the applicant and Mr. S. J. Carter on behalf of the respondent, I, the undersigned, Commissioner of The Western Australian Industrial Commission, in pursuance of an allocation to me by the Chief 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 Meat Industry (Sausage Casing Manufacturing) Award, No. 42 of 1956, as amended, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 3rd day of November, 1964. (Sgd.) E. R. KELLY,

[L.S.] Commissioner.

Schedule. 1. Add to Clause 2—Arrangement, the follow-

ing:— 25. Preference to Unionists.

2. Add the following new clause:— 25.—Preference to Unionists.

(1) In this clause— "the union" means West Australian

Branch, Australasian Meat Industry Employees' Union, 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.

792

(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 Industrial 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; or

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

(4) (a) Where the Secretary of the union has notified an employer that a non-unionist to whom the provisions of subclause (2) of this clause apply has failed or refused to comply with those provisions, that non-unionist shall not be retained in employment by that employer for more than twenty-four hours to the exclusion of any well-conducted unionist who is employed by, or who applies for employment, with that employer and who is adequately experienced and otherwise compel- cent, 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 subclause (a) of clause 6 of this award are hereby declared inoperative in respect of that dismissal but only if—

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

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

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

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

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

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

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

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

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

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

(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; 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.

MINING. (Gold—A.W.U.)

Award No. ii of 1946. BEFORE THE WESTERN AUSTRALIAN


Between Australian Workers' Union, Westralian Branch, Industrial Union of Workers, Applicant, and Lake View and Star Limited, Respondent.

HAVING heard Mr. H. Barry 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 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 Award No. 11 of 1946 be and the same is hereby amended by deleting therefrom the Long Service Leave provisions and by substituting therefor the provisions contained in Volume 44, Western Australian Industrial Gazelle, commencing at page 737.


Commissioner.

MOULDERS. (Gold Mining.)



Between Federated Moulders (Metals) Union of Workers, Perth, Applicant, and Lake View and Star Limited and others, Respondents.

HAVING heard Mr. L. E. Hearle on behalf of the applicant and Mr. G. J. Martin on behalf of the respondents, and by consent, I, the undersigned. 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—



Commissioner.

PAINTERS. (Gold Mining.)

Award No. 28A of 1946. BEFORE THE WESTERN AUSTRALIAN


Between The Operative Painters and Decorators' Union of Australia, West Australian Branch, Union of Workers, Applicant, and Lake View and Star Limited and others. Respondents.


That Award No. 28A of 1946 be and the same is hereby amended by deleting therefrom the Long Service Leave provisions and by substituting therefor the provisions contained in Volume 44, Western Australian Industrial Gazette, commencing at page 737.


Commissioner.

PLUMBERS. (Gold Mining.)

Award No. 78 ol 1947. BEFORE THE WESTERN AUSTRALIAN


Between The West Australian Plumbers and Sheet Metal Workers' Industrial Union of Workers, Applicant, and Lake View and Star Limited and others, Respondents.




Commissioner.

NURSES. (Psychiatric.)



No. 112 of 1964.

Between West Australian Psychiatric Nurses' -Association (Union of Workers), Applicant, and The Hon. Minister for Health, Respondent.

HAVING heard Mr. H. R. Quin on behalf of the applicant and Mr. B. R. Colcutt 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 Psychiatric Nurses' Award, No. 13 of 1947, as amended and consolidated, be and the same is hereby further amended in accordance with the following schedule.

Dated at Perth this 18th day of November, 1964.

LL.S.l (Sgd.) E. R. KELLY, Commissioner.

Schedule. 1. Delete Clause 3—Area and Scope and insert

in lieu thereof:—

3.—Area and Scope. This award shall apply to all psychiatric

nurses who are employed in any Government hospital, mental ward or home for mental cases in Western Australia which is within the jurisdiction and/or under the control of the Director, Mental Health Services but does not apply to Industrial Training Centre Sheltered Workshops or to the hospital known as Lemnos, which are exempted from the provisions of this award.

2. Clause 5—Hours: In paragraph (ii) of subclause (a) delete the words and figures "forty shillings (40s.)" and insert in lieu thereof the words and figures "fifty shillings (50s.)".

3. Clause 9—General Conditions: Delete subclause (d) and insert in lieu thereof:—

(d) No male nurse shall take charge in any ward in any mental hospital, mental observa- tion ward, or receiving hospital unless he possesses a psychiatric nursing certificate. The same provision shall apply to female nurses when the qualifications, experience and numbers on the staff will permit.

4. Clause 11—Sick Leave: Delete paragraph (iii) of subclause (a) and insert in lieu thereof:—

(iii) Any unused portion of the sick leave herein prescribed shall be allowed to accumulate and may be availed of in the next or any succeeding year.

794

5. Delete Clause 19—Higher Duties and insert in lieu thereof—

19.—Higher Duties. (a) A worker called upon to perform work

carrying a higher minimum rate than his regular rate of pay for a period of more than four (4) hours in the shift shall be paid the higher minimum for the time engaged on such work.

(b) (i) Where a worker employed under this award is called upon to relieve a deputy head nurse or a deputy matron employed under the Public Service Salaries Agreement for a period of not less than four (4) weeks, such worker shall receive the rate of pay applicable to the office in which he or she relieves.

(ii) Where the period of such relieving is of less than four (4) weeks' duration, the worker shall retain the conditions of this award and shall, in addition, receive any higher duties allowance applicable; provided that Whitby Falls is excluded from the terms of this subclause.

6. Clause 21—Rates of Pay and Allowances: Delete subclauses (a), (b), (f), (g) and (h) and insert in lieu thereof—

Per Week. Basic Wage: £ s. d. Males 15 11 2 Females 11 13 5 Margins over Basic Wage: Grade II (Trainees)—

1st year of service . .. 2 7 0 2nd year of service 3 7 0 3rd year of service 4 4 0

Grade I (Certificated Nurses)— 1st year in grade 5 4 0 2nd and 3rd year in grade ... 5 12 6 4th to 7th year in grade ... 6 5 0 After 7 years in grade 7 5 0

Charge Nurses 9 15 0 Charge Nurse (Heathcote) 10 15 0

(f) An allowance of ten shillings (10s.) per shift shall be paid to each rounds nurse in the main block and at Heathcote and an allowance of eight shillings (8s.) to each rounds nurse in X Block between 8.15 p.m. and 7.30 a.m. and to the nurse in charge at Whitby between the hours of 3.30 p.m. and 7.30 a.m.

(g) An allowance of five shillings (5s.) per shift shall be paid to nurses who, at 4 p.m. take charge of all Wards (excluding Male Ward 6) but this allowance shall not be cumulative on the allowance prescribed in subclause (f) of this clause.

7. Clause 22—Penalty Rates, subclause (b): Delete the words and figures "five per cent. (5%)" and insert in lieu thereof the words and figures "seven and a half per cent. (74%)".

[2 December, 1964.

AWARDS-lnterpretation of-

SHIP PAINTERS AND DOCKERS. (Mooring Staffs.)

Award No. 31 of 1959.


No. 322 of 1964.

Between Federated Ship Painters and Dockers' Union of Australia (West Australian Branch) Union of Workers, Applicant, and Fremantle Harbour Trust Commission, Respondent.

Application for Interpretation of Clauses 3, 4 and 5 of Award No. 31 of 1959.


Judgment. THE COMMISSIONER: In this application for interpretation of the Mooring Staffs' Award, No. 31 of 1959, the applicant Union asks:—

(1) Do "Hours of Duty", clause 3 (a), include such time as the employee is kept standing by—

(a) at the Berthing Staff Rooms; (b) at home?

(2) Do the words "services are not required" clause 4 (g) (i) imply the words "at that time"?

(3) Do the words "to work on Sundays" clause 5 (b) mean—

(a) "to work at any time on Sundays"; (b) "required to be available for work

on Sundays"?

The subclauses of the award referred to in the foregoing questions are as follows:—

3.—Hours of Duty. (a) Forty hours shall constitute a week's

work. The daily hours of duty shall not exceed eight per days and shall be worked on any five days of the week between the hours of 7 a.m. and 6 p.m. Subject to clause 4 (i) no shift between the hours of 7 a.m. and 6 p.m. shall consist of more than two periods of working time.

4.—Overtime. (g) (i) Workers who, having been instructed

to make themselves available at their homes for the purpose of being in attendance at a stated time, and who are subsequently informed at their homes that their services are not required, shall be paid two hours pay at ordinary rates.

5.—Saturday and Sunday Work. (b) The time worked on Sundays up to a

maximum of eight hours shall be included as part of the ordinary week's work, but workers required to work on Sundays, other than those finishing Saturday's work, shall be paid an extra half day's pay in addition to the week's earnings.

WESTERN AUSTRALIAN INDUSTRIAL GAZETTE.


The difference of opinion which exists between the parties to the award arises by reason of the manner in which the workers are rostered and required to report for duty. A worker rostered for duty on a day is not required to report until he is specifically notified of a particular time to so report and may remain at home all day waiting for a call to work.

A feature of this matter is the period over which the subclauses concerned have appeared in the award without alteration, that is excluding the effect of an interim award. No. 31A of 1959.

Subclause (a) of clause 3, Horn's of Duty, has remained unaltered as far as is relevant to this interpretation since 1948. Since 1944 also the clause has been the same except the hours were to be worked "between the hours of 6 a.m. and 6 p.m. or between such other hours as may be mutually agreed upon". Prior to 1944 the Hours of Duty clause was substantially different in its wording namely "Employees shall be available for duty at any hour of the day or night on each and every day in each week as required by the exigencies of the service or as demanded by the employers or their representative . . ."

Subclause (g) (i) of clause 4, Overtime, first appeared in the 1948 consent award and has remained unaltered since that time.

Subclause (b) of clause 5, Saturday and Sunday Work, has been shown thus in the award since 1950. Prior to that award the subclause appeared as a part of the Overtime and Sunday Time clause in both the 1948 award and the 1944 agreement in which it first appeared. The wording has remained unaltered throughout except for an alteration in 1948 in the period of "eight hours" (nine hours) and the use of the term "Saturday's work" (Sat- urday's shift).

Mr. Troy, for the applicant union, has referred to certain transcript notes of proceedings to indicate the interpretation previously placed on the award by the employer claiming that, in some cases at least, an alteration has been made in the application of the relevant provisions. In an application for interpretation it is only in certain circumstances that a reference should be made to transcript notes. In this matter I consider I should gain support for my conclusions from that transcript having in mind the provisions of section 69 of the Industrial Arbitration Act and more particularly the fact that these clauses have remained in force notwithstanding several attempts to amend their provisions. It should be mentioned that I have perused the whole of the transcript involved and not only the sections mentioned during the proceedings.

The relevant conditions of employment of these workers were generally fixed originally by agreement between the parties. Prior to 1948 the industrial coverage was by industrial agreement and the first occasion upon which the award was before the Court of Arbitration was in 1951 (Vol. 31 W.A.I.G. p.185). Since then an industrial tribunal has been called upon to consider the working conditions in this industry in 1956 (Vol. 36 W.A.I.G. p.171) and 1961 (Vol. 41 W.A.I.G. p.699). It will be seen, therefore, that, generally speaking, the subclauses now to be interpreted have been drafted by the parties and the interpretation placed upon those provisions by those parties is of some importance. In this respect I would refer to a decision dated the 16th October, 1964, when, in considering the Carpenters' (Gold Mining) Award, regard was paid to the application actually given to the provison, the subject of the interpretation.

In respect of the first question no dispute exists as to what are the hours of duty when a worker reports to the berthing staff change rooms or rather to the "place of work" although the employer does not agree that a worker is standing by at the change rooms. Clause 3 allows the daily hours of duty to be worked at any time between 7 a.m. and 6 p.m. and the employer is able to utilise a worker during this spread. For example a worker may be required to report for work at 7 a.m. and then be booked off at 10 a.m., being a time fixed on the particular day, and then be required to again report at 1 p.m. until being booked off again at 6 p.m. During the periods 7 a.m. to 10 a.m. and 1 p.m. to 6 p.m., a worker may not be "working" in the physical sense but waiting at the change rooms for his next task. In other words, a worker is available for work from 7 a.m. until 6 p.m. and on the particular day his actual horns of duty are determined by the employer having regard to shipping movements.

The union contends that when, on his rostered day, a worker is not notified to start work at 7 a.m., the time spent at home from 7 a.m. is to be regarded as working time unless he is booked off duty in the same manner as a worker is booked off at the berthing staff rooms. The respondent employer maintains the award permits a worker to be called for duty at any time between 7 a.m. and 6 p.m. and therefore, if a worker were not contacted at his home until say 9 a.m. on a day, the time between 7 a.m. and 9 a.m. would not be time of duty. It is claimed the marginal rate is fixed accordingly.

In my opinion, a worker, who is allowed to remain at his home, is entitled to know his ordinary hours of duty on a day or the hours during which he is released from being available for work. The employer is able to fix those hours at short notice but it does not enable him to say at 6 p.m. that the time between 7 a.m. and 9 a.m. was, or was not, to be regarded as part of the ordinary hours of duty. Subclause (a) of clause 3, Hours, does not distinguish between being available at home when a worker is excused from reporting to the change rooms or at the wharf and if a worker at his home is not notified prior to 7 a.m. that he is released from duty until a later time, then he must be regarded as being on duty from 7 a.m. until he is specifically released from duty or until he has completed his ordinary hours of duty for that day. The entitlement of a worker to be made aware at the time as to whether each hour is part of his ordinary hours or not does not extend to overtime hours. A worker cannot assume he is being required to work overtime but if he had remained available for duty since 7 a.m. and had received no advice from his employer, he could regard himself as being released from duty at 4 p.m. allow one hour for a meal.

Having arrived at this conclusion, certain comments by Mr. T. G. Davies in the 1951 decision appear relevant. I quote: "Part of the complaint about the spread of hours was occasioned because the mooring staff thought that when not actually at work they were expected to hang on to the telephone on all occasions for instructions. The clear statement made by the assistant to the Berth- ing Master, on oath, should dissipate any notions preconceived or otherwise as to the nature of their obligations."


It would appear that the evidence to which Mr. Davies referred is to be found at page 253 of the transcript:—

The President—"Do I understand the position to be that it does occur when a job is finished during the ordinary day hours that you tell the men they can knock off and go home but that they are to stand by at home waiting for a 'phone call to return as you are a little uncertain when it will be and therefore you ask them to stand by?"—"Yes."

"Their duty is to stay at home near the 'phone ready to return on the instance?"— "Yes."

"In no circumstances do you consider them to be on duty throughout?"—"Waiting for the 'phone call—Yes."

"Or do you book them off as far as time is concerned?"—"So far as time goes it does not count if they are booked off. In the attendance book, if they are told to wait for a ring, they are booked when they leave until they return."

"Do you yourself regard them as on duty when waiting for a ring on the 'phone?"— "Yes."

"If they are on duty, why are they booked off?"—"That is not my department."

"You yourself would not think they should be booked off?"—"That is so."

"The other type of thing that happens is that they finish a job some time during the day and you tell them they are not wanted until 4 p.m. They go away and do what they like with no liability to remain near a 'phone and be at your beck and call. During this time you regard them as not being on duty?"— "That is so."

I would answer part (b) of the first question as follows:—

"Yes, unless he has been released from being available for duty or his ordinary hours of duty for that day have expired."

I turn now to the second question.

The circumstances which give rise to this question are the occasions upon which a worker is instructed to be available on a day at say 9 p.m. and he is subsequently informed to be available at a later time. The union maintains the words "are not required" must be related to the time a worker is instructed to be available and that the provision applies when another time is fixed. The employer claims basically that the payment is only due when a worker is not required "at all".

It should be noted that subclause (g) requires the payment of two hours pay at ordinary rates and does not envisage the payment of waiting time. Mr. Troy, in reply to a question, felt that a worker instructed to be available at 8 p.m., who was subsequently informed to be available at 9 p.m., and who was advised later to be available at 10 p.m., would be entitled to only two hours' pay under the subclause, that is for the period between 8 p.m. and 10 p.m.

To support what was intended by the subclause, Mr. Troy referred to the 1951 transcript but he did not agree that the statement then made by he employer's representative met the requirements of the award. He, Mr. Troy, considered that payment should have been made for the whole of the

time the worker was kept waiting. This view was consistent with his reply to the question referred to above and is apparently based on the principle that all waiting (or standby) time should be paid for. His claim that the employer's 1951 interpretation was wrong gives little support to his submission that the employer's statement should be taken as indicating the true interpretation of the award in this case.

Actually the 1951 comments firstly dealt with periods within the daily spread when workers were booked off duty and another example given was not really based on similar circumstances to those with which we are now concerned.

Giving the phrase used in the subclause its ordinary meaning, the words "are not required" must be taken to mean "at that time", otherwise if a worker was told to be available at 8 p.m. and was subsequently informed he was not required then but at 12 midnight or even later, he would still be required. The application of the subclause would then be limited and no compensation would be payable to a man for making himself available for the purpose of being in attendance at a stated time. Mr. Robertson, for the employer, implied that the payment would be made if the requirement to attend were delayed for a considerable time but the wording of the subclause does not support any such distinction. I feel that, in practice, when a man has been told to be available at home to be in attendance at say 9 p.m. and he has been contacted and told to report at 9.30 p.m., the work may have been completed before 11 p.m. with the man being paid for working two hours, the period of the minimum recall. In such circumstances subclause (g) would not apply as the man, for his convenience, has merely been told to report at 9.30 p.m. instead of being brought in at 9 p.m. and kept waiting around for the half hour.

I would answer the second question as follows:— Yes, unless the period between the stated

time and the time when the work is subsequently completed is paid for at overtime rates.

In respect of the third question, Mr. Troy maintains that the subclause applies when a worker is required to work either "ordinary time" or "overtime" on a Sunday and that the additional rate is payable when a worker is required to be available at his home for a call to work, even though he does not perform any actual work. The employer contends that the clause refers to the ordinary hours of work and only applies when actual work is performed as against those occasions when a worker, who is rostered for or available for work, is able to spend the day at home.

In an interpretation it is the construction of the particular award which is relevant together with its background which, for the reasons previously stated, includes a reference to the transcript notes of previous proceedings.

In 1944 subclause (b) appeared in the Overtime and Sunday Time clause when the ordinary hours were not restricted to between 7 a.m. and 6 p.m. on any day. In 1948 the hours were so restricted but no change was made to the wording of the Sunday time subclause. Mr. Troy in maintaining that the time worked means both ordinary time and overtime, points out that the only qualification in the subclause is that it does not apply to workers finishing Saturday's work. It should be noted that


the change in the period during which the ordinary hours of duty could be performed was not considered by the parties as creating a requirement to amend the Sunday time subelause but it was then incorporated in the Overtime clause.

In 1951 the claim by the union was for an additional rate based on a decision of the Court in respect of Harbour Police as "a fair appreciation of the value of Saturday and Sunday work." A perusal of that decision indicates that the weekend work referred to was that performed during ordinary working hours (Vol. 31 W.A.I.G. p. 66). The employer opposed the claim and suggested a separate clause in the terms of the provision now appearing in the award. This clause is separate and distinct from the overtime clause, which also refers to certain payments to be made for time (overtime) worked on Saturday and Sunday, and in my opinion was included in the award to cover the hours of duty within the forty ordinary hours prescribed in clause 3. The subelause firstly states that the time v/orked up to a maximum of eight hours shall be regarded as part of the ordinary week's work and this provision should be read as specifying the extent to which the clause is to be applied. The remaining words merely prescribe the extra rate to be paid for those hours but could be read as "workers required to perform that work" but this may have been taken to have required eight hours work to be performed before the allowance became payable. It is noted that the allowance granted for Saturday and Sunday work was that generally prescribed for work performed by seven day shift workers during ordinary working hours on Saturday and Sunday.

It appears that the qualification appearing in the subelause would now have little practical effect as apparently has been the case since at least 1950, but if work on Sundays in the subclause is to be also read to mean overtime, then it would have to be read as applying conditions to that work as a whole. If this were the case the provisions of clause 4, Overtime would be con- flicting. To the extent that an inconsistency may exist between the two clauses, the interpretation which I have placed on the words is to be preferred.

As to the second part of this question I have already indicated that time spent at home when no work is performed is regarded as time of duty in this industry unless a worker is "booked off." The rate prescribed in the subelause therefore applies to a worker available at his home for a call.

Furthermore, my conclusions in respect of this question are confirmed by a reference to the transcript of previous proceedings.

In 1956, being the first occasion the award was reviewed following the insertion of the Saturday and Sunday Work clause, the transcript contains the following:—

Mr. Troy: "... The employer rosters workers on a seven day week roster including Sat- urdays and Sundays, of course, and on numerous occasions he does not require the workers to come in for duty who are rostered for duty. It is admitted, of course, that they are paid, the workers who are not required to come in, but not at the penalty rates they would be paid at if they were required . . .

"... The appropriate clause is clause 5 which provides that for time worked on Sat- urdays and time worked on Sundays. It

makes provision for the payment of an additional quarter day's pay in addition to the week's earnings for people who are required to work, not people who are rostered for work, but who are required to work, so, by means of not requiring one or two, or probably more, to come in on those days, the employer is able to avoid the payment of the extra quarter day's pay or the half day's pay whichever is applicable."

Mr. Rudder ham: "... I can only assume from what I have heard that the principle behind this claim, if principle it can be called, is to ensure that the worker who ordinarily works on these two days should receive the extra quarter day's pay for Saturday and the half day's pay for Sunday irrespective of whether he is required to work or not.

"I submit that the very prescription of the award has been followed by the Trust in its application and it reads that 'Those men required to work on Saturdays and required to work on Sundays shall receive the extra payment.' The Trust could not agree without a prescription from this Court, to pay the extra rates where the men are liberated the whole of the day in respect of which a penalty payment is required by the award. In such case it is only fair that when the men are not obliged to actually work or report for work on either of these two days, the Trust should not be involved in the extra payment."

The Commission: "Are these men notified when they are going to be off for the day so that they can go to the races or football, etc.?"

Mr. Rudderham: "They are. They are notified the day before whether a worker is required to come in at all on Sunday. If he has to come in, either by mistake or for any other reason, he is paid. If he is not booked off on Saturday he is paid. He must be completely liberated. The day would not represent anything to him if he has to stand by at home against the possibility of a recall. It is only when he is notified on the day before that he is not required for duty on the Saturday or Sunday. It would be no use to the man if he were in any doubt about the possibility of a recall." [The underlining is mine.]

"I take it that the intention behind the claim is that if the worker is not rostered off on his regular two days off, he should get the extra payment irrespective of whether he goes to work or not. I gather that is the intention of the clause. The men do not object to being booked off all day on a Sunday; what they object to is losing the money—the penalty rate over and above their ordinary day's pay which they receive if they actually go to work."

In his examination in chief, a witness answered certain questions put to him by Mr. Rudderham as follows:—

Mr. Rudderham: "On the working day prior to their rostered days off, is any special consideration given to the men?"—"You always try to put the men off as early as you can on the day prior to their going off provided it does not pull the gang down and make the job too arduous."

"If the men had nothing to do, take on a Sunday or a full day, what would you do?"— "Tell them to book off."

798

"... and if you decide there is very little to do and if the men book off and have the day off, what do you do?"—"They are supposed to be told the night before. The Assistant Berth- ing Master gives the orders and he is supposed to do that."

Finally an extract from the 1959 transcript at which time the Union asked that workers, "rostered to work" as against "required to work", should receive the extra pay. The use of the word "rostered" was consistent with the application of the clause to ordinary hours of work it being claimed that the men were rostered but not required to work and therefore received only eight hours ordinary pay (as against twelve hours). An additional day's pay was sought in fact for Sunday and the claim still excluded workers finishing Saturday's work. The extract from the transcript is set out hereunder:—

Mr. Troy: "So far as the actual principle of payment is concerned having regard to the proposition which I enunciated earlier when dealing with the overtime question, already the Court has set a standard of time and a half for the first two hours and double time thereafter for permanent and casual workers alike in an associated industry, and we feel that it is little enough compensation to require to secure them time and a quarter for Saturdays and single time extra for ordinary working time on Sundays." [The underlining is mine.l

The Commissioner: "I suppose that is another matter that the Court is dealing with in that other case, is it?"

Mr. Troy: "No. This one is a settled question already in 7 (a). The proposition is, as stated a moment ago, double time for Sundays and double time after the first two hours on Saturdays, so what I am saying is, so far as Saturday work is concerned, we are not even asking the Court to award us time and three- quarters which is the average in the morning time, anyhow, on a Saturday."

The Commissioner: "I see. That other one does not deal with this specific problem."

Mr. Troy: "Of Saturday and Sunday work." The Commissioner: "Not under these cir-

cumstances as part of the ordinary week's work?"

Mr. Troy: "No. They are dealt with as overtime days actually."

The Commissioner: "Well, if it is an overtime day there would be no doubt about the double time rate. No doubt whatever. The only question now is whether the double time rate should be paid for Sunday time when it is part of the ordinary week's work."

Mr. Troy: "We submit to you that it should be ... "

The third question will be answered as follows:— (a) The words "to work on Sundays" mean

to work at any time during the ordinary hours of duty as prescribed in clause 3 on Sundays.

(b) A worker rostered to work on a Sunday is entitled to the extra half day's pay unless he has been booked off duty on that day.

The award will thereforef be interpreted in accord with the foregoing.

AWARDS-Applications to Amend-

LOCOMOTIVK ENGINE DRIVERS' AND FIREMEN.



Between The Western Australian Government Railways Commission, Applicant, and The West Australian Locomotive Engine Drivers', Fire- men's and Cleaners' Union of Workers, Re- spondent.


Judgment. THE COMMISSIONER: By this application the Western Australian Government Railways Commis- sion seeks to amend Clause 4—Area and Scope of the Locomotive Enginemen's Award, No. 10 of 1962, to allow workers, members of a union other than the Locomotive Engine Drivers,' Firemen's and Cleaners' Union, to operate tractors for shunting purposes.

Clause 4 of the award reads as follows:— This award shall apply only to workers em-

ployed by the Western Australian Government Railways Commission in and about the workings of the State Railways and, subject to necessary adjustments to be agreed upon between the Commission and the Union, to any other railway over which the Commission may work traffic under an agreement giving it running powers: Provided that, in the event of the parties being unable to arrive at an agreement, the matter be referred to the Court for decision.

If electric or other power is installed as a substitute for steam haulage, members of the union shall be employed to operate under the new power.

Clause 5—Interpretation defines a worker as a person "employed as driver, fireman, trainee engineman, cleaner, washout-man, or packer and trimmer."

Apparently this interpretation was based originally on the wording of rule 3 of the Constitution and Rules of the respondent union. This rule at present reads:—

Any locomotive, enginedriver, fireman, cleaner, washout-man, washout-assistant, or packer and trimmer employed on the West Australian Government Railways, and . . .

In the 1928 award, to be referred to later, the definition did not include a trainee engineman (inserted in the award in 1957 possibly to clarify the application of the term "cleaner") but included a washout-man's assistant, a type of worker who has not been employed for some time and it was for this reason the classification was removed from the subclause.

The applicant asks that the following proviso be added to the second paragraph of clause 4:—

This provision will not apply to shunting tractors either rail mounted or otherwise used for shunting purposes and which units may be operated by other than members of the union.


The present scope clause with its unusual wording has been included in various locomotive engine drivers' awards since Award No. 5 of 1927 (Vol. 8 W.A.I.G. p. 356). It was inserted in that award by consent of the parties and the agreed alteration to the previous scope clause then added the proviso to the first paragraph of the clause and the second paragraph.

The present award, No. 10 of 1962, was issued on the 19th July, 1963, for a term of three years from the 28th July, 1963. It is therefore necessary for the applicant to satisfy the requirements of section 92 of the Act for its application to amend to be considered, but a failure to meet that requirement should not be fatal to the matter involved in this application being given attention, for it involves an industrial dispute between the parties which requires determination. Section 92 of the Act provides that the Commission shall not amend any provision of an award unless, inter alia, circumstances have arisen which at the time the award was made could not reasonably have been foreseen by the parties. The union points out that the introduction of shunting tractors had been under consideration for some time prior to July 1963, and submits the introduction of these tractors was a circumstance which should have been reasonably foreseen by the applicant. It is pleasing to record that the union did not press this submission but the Act itself requires a change of circumstances to have taken place and that change does not depend upon the attitude of the respondent to any application. However, for the reasons which follow it is not necessary for me to determine whether or not a change in circumstances has in fact occurred.

Before dealing with the subject matter of the dispute it should be mentioned that any application to amend a scope clause of an award should be treated with extreme caution. I have previously expressed the view, although rather tentatively, that such an application cannot succeed if it purports to alter the industry to which the award applies.

Mr. J. McKerrow, for the applicant, submitted that Award No. 10 of 1962 applied to locomotive drivers as distinct from tractor drivers but that the matter had been brought to the Commission for clarification particularly in view of the respondent union's stated objection to the Depart- ment's proposal to introduce shunting tractors. It desires to introduce tractors for shunting in order to obviate any delays which for example are caused at present by "train locomotives" having to perform shunting operations at sidings and certain stations. It is claimed that delays to the through train militate against a fast and efficient service, cause justifiable complaints by clients and lengthen the spread of shift which would otherwise be worked by the train crew.

Mr. H. T. Kingston, for the respondent union, challenges the extent to which a shunting tractor will improve overall efficiency but the union acknowledges that at least some improvements in the service will result from the introduction of this method of "shunting". In fact the respondent union does not oppose the introduction of more efficient procedures but claims the work to be performed by the tractors is wox-k rightly belonging to its members and that it is work covered by Award No. 10 of 1962.

The Commission sitting in Court Session has recently issued a decision on a matter affecting both of these parties in which reference was made

to the function of management in organising and operating the railway service in an efficient manner and therefore this function of management does not require further mention. Although no reference is made to the detailed evidence submitted on behalf of the applicant on this aspect it has been given due attention and it is obvious that the introduction of shunting tractors is a matter for the applicant to determine. The question to be settled now is whether or not the work to be performed by a shunting tractor is work which belongs solely to locomotive engine drivers.

As has been stated the introduction of tractors for shunting has been under consideration for some time but the present intention of the applicant is to introduce a pneumatic-tyred tractor only at Donnybrook on a trial basis. The Department fully expects this trial to be a success and if it is so, either pneumatic-tyred or rail-mounted tractors will be introduced at other centres.

The applicant claims that it should be able to employ workers other than locomotive engine drivers on tractors pointing out that this is the practice, with certain limitations, in other States of the Commonwealth. The employment of locomotive engine drivers on tractors, although it is not conceded that this is solely the work of such drivers, is said to be uneconomic at centres where locomotives are not stabled as a full day's work is not available.

Mr. Kingston expressed the view that if tractors were introduced for all shunting the effect on his members would be extremely serious unless of course those members performed the work. Mr. E. J. Harrison, General President of The Austra- lian Federated Union of Locomotive Enginemen, gave evidence in opposition to the claim pointing- out its possible widespread effect on the membership of the respondent union and on the work performed by those members.

A brief summary of his evidence is set out below as it will more clearly indicate the views of the Australian Federated Union of Locomotive Engine- men, which views were adopted by Mr. Kingston:—

(1) Shunting tractors operate in other States, and, subject to certain conditions, are operated without friction by members of both the Locomotive Enginemen's Union and the relevant Railway Workers' Union.

(2i Tractor shunters operate in those States under two broad headings—

(a) with pneumatic-tyred tractors within goods yards, workshops and the like under the Railway Workers' Award; and

(b) with rail-mounted tractors for which a classification also appears in the Railway Workers' Award but which is of particular concern to the members of the Locomotive Engine Drivers' Union.

(3) When the classification of rail-mounted tractor shunter was originally introduced in Victoria it was to cover a "Fordson Trac- tor" being worked within fixed signals but when an endeavour was made to do work outside of fixed signals a dispute occurred. Then an agreement was reached as to the driving of rail-mounted tractors in that, inter alia, these tractors would not be introduced at certain places all being locomotive depots; an assurance was given that

BOO WESTERN AUSTRALIAN INDUSTRIAL GAZETTE. [2 December, 1964.

locomotive engine drivers would not be excluded from operating rail tractors, and where such a tractor would provide work at a location for seventy-five per cent, of the time it would be operated only by a locomotive engine driver.

(4) The situation at Donnybrook should be looked at in isolation and not be used as a means to introduce tractor shunters generally, that is, tractors operated by workers not members of the respondent union.

(5) In New South Wales an arrangement exists in respect of "200" and "100" class diesel shunter tractors by which such tractors are operated mainly, but not solely, by locomotive engine drivers.

(6) The union is mainly concerned with the introduction of the more powerful rail- mounted tractors rather than the lesser powered tractors including pneumatic- tyred tractors but in respect of these "lighter" types the union is troubled that their use may become too widespread and may be introduced at places where locomotives reasonably could be used for all shunting.

(7) The union is concerned with the use of a tractor for marshalling a train rather than in moving trucks for loading or un- loading.

This evidence may be broadly summarised in that the union is firstly troubled that the introduction of tractors may get so much out of its control that work rightly belonging to its members will be lost particularly if the more powerful units are used.

Next, the pneumatic-tyred tractor is not a great problem because it could not be used economically on the heavier work for which a locomotive is more suitable. This is exampled by the following extract from the transcript:—

The Commissioner: "... I gather . . . that as far as your union is concerned the use of the pneumatic-tyred vehicle is not viewed with that much concern as against the rail vehicle, in that the pneumatic- tyred vehicle cannot move the number of trucks required in order that it can be used economically; and that in the case of heavy weights it is more economical to use the loco, than the pneumatic-tyred vehicle?"—"Yes. In order to try to draw a line of demarcation where a pneumatic- tyred vehicle is capable of performing a duty economically, as against what ought to be done on the rail, or ought to be covered by us in the view of the union, we would be only inviting demarcation problems; but once it goes on the steel rail it is a different proposition . .

Finally the introduction of tractors should be viewed in respect of each locality rather than as a whole. I again quote from the transcript of the evidence:—

Mr. Harrison: ". . . If Donnybrook is so important there is no argument between ourselves and the representatives of the Railways Commissioners in chasing traffic and running a public service; we are all for it. But if Donnybrook is so important then it is the commencement in W.A., and it should have been dealt with in the same way as Healsville was dealt with in 1932. All this argument today should not have

occurred. What should have been before the Commission was that application in respect to Donnybrook, and let us get over that hurdle first, and then see what de- velops. But to come here with an application that could take away from our membership in W.A., once the decision is made, at least ten per cent, of their work, and reduce them to only the hard running in this State, besides setting up all kinds of demarcation problems—that would be wrong . . ."

Of course it appears that the union rejected the suggestion in relation to the introduction of a tractor at Donnybrook and caused this wider application to be made to the Commission.

Having regard to this evidence and that submitted on behalf of the applicant, the work performed by any shunting tractor is not work which belongs solely to locomotive engine drivers and this conclusion is reached notwithstanding later comments as to the constitutional position of the respondent union.

However, it is in the introduction of shunting tractors, that is tractors to be driven by workers who are not members of the Locomotive Engine Drivers' Union, that the real difficulties may arise. In this respect I would make three suggestions with the following comments:—

(1) A pneumatic-tyred tractor should be introduced at Donnybrook on a trial basis without further opposition.

It may be that this trial will not prove successful and the whole matter will thereby be concluded with no question arising as to the use of other tractors for shunting or the operation of those tractors by workers other than locomotive engine drivers and at least it will enable all concerned to obtain a better appreciation of the situation.

(2) Should the W.A. Government Railways Com- mission desire to introduce a pneumatic- tyred tractor elsewhere, it should give the respondent union notice of its intention to do so in order that any problems may be settled amicably before the tractor commences work.

In my view, pneumatic-tyred tractors, not necessarily operated by locomotive engine drivers, should be utilised, when economically sound, at sidings and stations where locomotives are not stabled for "shunting" and at goods yards and similar places for moving trucks to be loaded or unloaded. It is true that the work performed at those places is at present done by train (or locomotive) crews but the introduction of new and more efficient methods should not be prevented for this reason alone. Any work "lost" by the driver will no doubt be replaced by the additional work likely to be attracted by a faster and more efficient service or at the very least present work will not be lost to road transport and it is to be expected that the spread of hours now being worked by train crews will be reduced.

(3) If and when rail-mounted tractors are to be introduced the union should also be notified beforehand for it is in respect of this type of tractor that some "line of


demarcation" may need to be determined as between the work to be performed by members of the respondent union -and that to be performed by members of other unions.

In other words the W.A. Government Railways Commission should not be restricted to using only members of the respondent union on shunting 'tractors, particularly at those places where locomotives are not stabled, but as has been the case elsewhere, some line of demarca- 'tion is necessary in respect of .rail-mounted tractors to determine the point at which locomotive engine drivers only should be so employed.

Having made the foregoing suggestions to determine the matter in dispute the constitutional -and award coverage of the respondent union needs .to • b e considered.

The constitution of the union, to which reference-has been made earlier, needs to be read as covering locomotive engine drivers, locomotive firemen and locomotive cleaners among others. It .does not cover "tractor drivers" in the general Sense in which that term is used and certainly it does not cover pneumatic-tyred tractor drivers. The scope of the award appears to be based on the-constitution of the union and even if the scope clause is given the broadest possible interpretation, it should be read down to the extent of the union's ability to enrol workers, employed by the Rail- way Commission, as members.

Therefore, the members of the respondent union do not have the sole right to operate tractors and, unless its constitution is amended, the union is not able to enrol tractor drivers as distinct-from locomotive drivers as members nor to obtain award coverage for those workers. It will be noted that no attempt has been made in the foregoing to determine when a "rail-mounted tractor" becomes a "locomotive" for this is a matter which has not yet arisen and is one upon which I would prefer the parties to confer if and when "more powerful" rail-mounted tractors are likely to be introduced.

Finally, it is pleasing that the W.A. Government Railways Commission submitted this matter to this Commission even though no amendment of the Locomotive Engine Drivers' Award was necessary. Secondly, the attitude of the union, as expressed by the General President of the A.F.U.L.E., is rightly one of concern as to the future of its members but a realistic one in that it recognises that, to some extent, "tractors" may be operated by members of other unions. This has influenced me in agreeing to adopting, in part at least, the evidence given by Mr. Harrison. The suggestions put to the parties should enable the tractors to be given a fair trial and possibly introduced with the minimum of conflict and with satisfactory arrangements being agreed upon between the parties as has apparently been the position in the other States of the Commonwealth.

The amendment sought will not be granted but Only for the reasons set out above and no other order would appear necessary. Should the parties desire to vary the scope clause to reflect any-agreement -arrived at in future discussions, -a further application may be filed with this Commission, but, in such a case, regard should be paid to the effect of any limitation imposed by the present constitution of the union and the interests of other unions, which interests may rprevent an amendment to the clause.

Decision accordingly. (5)—90499

LOCOMOTIVE ENGINE DRIVERS' AND -FIREMEN.

Award No. 10 of 1902. .BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION. No. 278 -of 1964.

Between The West Australian Locomotive Engine Drivers, Firemens and Cleaners' Union of Workers, Applicant, and The Western Austra- lian Government Railways Commission, Respondent.

'Before Mr. Commissioner D. E. Cort. The 25th day of November, 1964.

Judgment. THE COMMISSIONER: This is an application to amend clause 35 of the Locomotive Engine Drivers and Firemen's Award, No. 10-of 1962, to prescribe that a fireman required to learn the road shall be paid the driver's rate for the time so spent.

Clause 35—Knowledge of Roads in the existing award reads as follows:—

_ Should the requirements of the service necessitate that a driver shall run over a road with which he is not fully acquainted, he shall be provided with a pilotman. Such pilotman shall be either a district locomotive. superintendent (provided he has been a driver in the Govern- ment Railways Service) a locomotive inspector, driver or fireman authorised to drive. In cases where a driver is removed from one depot to another he shall be given facilities to learn the road without loss of his driver's pay.

To that clause the union asks that the following paragraph be added:—

A fireman, qualified to drive, required to learn the road in order that he may be employed to work over such road as a driver, shall be paid for such time at the rate prescribed for a driver.

The circumstances which gave rise to this application were that a fireman newly transferred to a new locality and having no "knowledge of the road" travelled in the locomotive with the driver and fireman in order to acquaint himself with that road. For this time he was paid as a fireman. The union maintains that the driver's rate is the proper rate to be paid and that, whilst-the award does not so provide, in the past .the driver's rate has always been paid. It is further claimed :thffit the duty of learning a road is solely related bo the function of a driver.

Generally speaking, a fireman otherwise qualified to drive, gains knowledge of the Toad whilst carrying out his ordinary fireman's duties so -that he will be capable of performing the duties .of :a driver when required. For this driving work he is then paid as a driver under :the higher :duties clause.

In the case referred to above, the fireman was a senior man and it was probable that Clause 7— Acting Work of the award would have required the Department to utilise him as a driver before he had worked in his new area long enough us a fireman to gain the necessary knowledge of the road.

Clause 35 has been included in various locomotive drivers' awards since 1921 and-is-Utilised when a driver, newly appointed to a locality and with insufficient knowledge of the road, has the services


of the pilotman to point out to him all that is required. The award does not prescribe any difference or special rate for the pilot. Where a driver is given facilities to learn by travelling on the locomotive with its ordinary crew he must continue to receive his driver's rate of pay. This latter principle, if applied to a fireman, would require the payment of the fireman's rate in like circumstances.

It would be anomalous for a fireman travelling on a locomotive for the sole purpose of learning the road to be granted the driver's rate of pay whilst the locomotive fireman, also learning the road, as well as firing the locomotive, is paid the fireman's rate. In an award such as this, with the seniority of a worker requiring the department to employ him in a higher grade, he should not be paid;a special rate when fitting himself for that

■ work. Whilst a fireman must learn the road in order that he may be promoted to perform a driver's work, I cannot agree that this is the "work" of a driver. It is surely one of the responsibilities of a fireman for which he is duly paid as a fireman.

I should add that it was not clearly shown that the driver's rate has always been paid previously in the circumstances outlined. Certain of the circumstances instanced by the applicant union could be distinguished from those now under discussion, and whilst the department admits that the payment has been made on a few occasions, that payment was said to be in error and for that reason it should not prejudice the respondent. In any event an application to amend an award should not suceed solely on the ground of past practice for otherwise very few, if any, applications to amend could succeed.

The application is refused. Decision accordingly.

AGREEMENTS-INDUSTRIAL- PRINTING.

(Record Newspaper.) INDUSTRIAL AGREEMENT.

No. 17 of 1964. (Registered 23rd November, 1964.)

THIS Industrial Agreement, made in pursuance of the Industrial Arbitration Act, 1912-1963, this 23rd day of November, 1964, between Record News- papers-Record Print of 450 Hay Street, Perth (hereinafter called "the employer"), of the one part, and the Printing Industry Employees' Union of Australia, Western Australian Branch, Indus- trial Union of Workers, Perth (hereinafter called "the union"), of the other part, witnesseth that, for the considerations hereinafter appearing, the parties hereto mutually covenant and agree the one with the other as follows;—

1.—Title. This Agreement shall be known as the Printing

(Record) Agreement, 1964.

2.—Arrangement. 1. Title. 2. Arrangement. 3. Area and Scope. 4. Term. 5. Terms of Employment.

6. Hours of Work. 7. Rate of Wages. 8. Higher Duties. 9. Overtime.

10. Sick Pay. 11. Holidays. 12. Long Service Leave. 13. Apprentices.

3.—Area and Scope. This Agreement shall apply to all workers classi-

fied in clause 7 hereof employed at the works occupied and controlled by Record Newspapers- Record Print.

The term of this Agreement shall be for a period of one (1) year from the date hereof and at the end of such period shall continue in force until thirty days' notice is given by either of the parties of its intention to withdraw from such Agreement.

5.—Terms of Employment. (1) Except for casual workers, a worker shall be

entitled to one (1) week's full notice that his services are to be dispensed with and any such worker leaving his employment shall give one week's notice or in lieu of such notice the employer shall pay to the worker one (1) week's wages or the worker shall forfeit to the employer one (1) week's wages.

(2) By agreement between the parties casual workers may be employed at a lesser number of hours than as provided in clause 6 and shall receive a wage proportionate to the total wage of the classification in accordance with the hours worked. All other provisions of this agreement shall apply to casual workers.

6.—Hours of Work. (1) The maximum number of hours to be

worked in each week (excluding overtime) shall be:—

(a) Machine Compositor, thirty-eight (38) hours day, thirty-six (36) hours night.

(b) All other workers, forty (40) hours day, thirty-eight (38) hours night.

(2) The week's work shall be accomplished in a maximum of eight (8) hours per day of five (5) shifts, Monday to Friday inclusive.

(3) No worker shall work for a period longer than five (5) hours without a meal break which shall be a minimum of half an hour and a maximum of one hour.

(4) Casual workers shall receive a minimum shift of six (6) hours and any work performed outside of the normal roster of the factory shall be paid for at overtime rates.

(5) Day work shall mean work performed between the hours of 8 a.m. and 5.30 p.m. Night work shall mean work performed between the hours of 5.30 p.m. and 8 a.m. Provided that work performed outside of the normal roster shall be paid at ordinary overtime rates.

(6) The roster of hours showing the starting and finishing times (including the meal break), shall be prominently displayed in the factory. The roster shall not be changed without seven (7) days' notice unless by agreement between the parties.


7.—Rate of Wages. The minimum weekly rate of wages shall be:—

(1) Basic Wage: £ s. d. Males 15 11 2 Females 1113 5

(2) Margins: (a) Males—

Machine Compositor 12 4 6 Hand Compositor 1012 6 Proof Reader 10 12 6 Letterpress Machinist 10 12 6 Lithographic Machinist .... 10 12 6 Guillotine Machine Operator .... 10 12 6 Publishing Hand 5 19 0

(b) Females— Bookbinder 217 6 Copy Holder 217 6

(3) Foreman 2 12 6 Leading Hand (when appointed

as such) 10 0 (4) Apprentices:

The minimum weekly wage payable to an apprentice shall be the following percentage of the hand compositor's weekly wage:—

Per Week Per Cent.

During the first six months 334 During the second six months 374 During the third six months 40 During the fourth six months 50 During the fifth six months 524 During the sixth six months 60 During the seventh six months 724 During the eighth six months 774 During the ninth six months 824 During the tenth six months 874

(5) Night Loading.—In addition to the rates prescribed above, a worker employed on night shift shall receive a night rate penalty of £2 7s. 6d. per week. This penalty shall be included in the wage for the purpose of assessing overtime.

8.—Higher Duties. (1) Any worker instructed to perform duties for

which a higher rate than his ordinary rate is prescribed shall be paid such higher rate for the time actually worked.

(2) A worker may be reduced to a classification lower than his normal classification by giving one week's notice.

(3) Subject to subclause (2), a worker put to work in a lower grade shall be paid his ordinary rate.

9.—Overtime. (1) Overtime shall be paid at the rate of time

and a half for the first three (3) hours and double time thereafter.

(2) In the calculation of overtime each day shall stand by itself.

(3) Work done on a Saturday afternoon, Sunday or on any holiday shall be paid for at double time rates.

(4) When a worker is required to continue working after his rostered finishing time for more than one (1) hour he shall be paid tea money of six shillings.

(5) The employer shall not require or permit a worker to work overtime in connection with power driven machinery, corrosive or poisonous sub- stances unless he works within normal sight or hearing of at least one other person.

(6) An apprentice shall not be permitted to work overtime unless a journeyman of the same classification is employed at the same time.

10.—Sick Pay. (1) Permanent workers absent through sickness

shall be paid full wages for the first week of absence, after which the legal liability of the employer shall cease, but this shall not be deemed to exclude any right of the worker under the Workers' Compensation Act or Employers' Liability Act. Provided that if a worker who has been absent through sickness returns to work so in- sufficiently recovered as to necessitate, within fourteen (14) days of such return, his again absenting himself from work because of the effects of the original sickness, such subsequent absence shall be deemed to be a continuance of the original absence.

(2) After two (2) days' absence on account of sickness, a worker shall be required to produce a doctor's certificate certifying to the nature of the sickness and to its probable duration, and the employer may at his own expense send a doctor for an examination of the worker and report.

11.—Holidays. (1) Each worker shall be entitled to receive three

weeks' annual leave on full pay. The accrual of such leave shall be determined as at the 31st Dec- ember of each year and should a worker's service be less than one (1) year he shall receive leave proportionate as his service bears to twelve (12) months.

(2) The following holidays, or days observed in lieu thereof, shall be granted to all workers without deduction of pay: New Year's Day, Australia Day, Anzac Day, Good Friday, Easter Monday, Lab- our Day, State Foundation Day, Birthday of the Sovereign, Christmas Day and Boxing Day together with two (2) days to be taken by each worker at a mutually convenient time.

(3) If a holiday as prescribed in subclause (2) hereof falls during a worker's annual leave such leave shall be extended by one (1) day for each such holiday.

12.—Long Service Leave. The Long Service Leave provisions contained in

Volume 44, Western Australian Industrial Gazette, commencing at page 606 are hereby incorporated in this Agreement.

13.—Apprentices. (1) Apprentices may be taken to the following

branches of the trade:— (a) Hand Composing. (b) Hand and Machine Composing. (c) Letterpress Machining. (d) Lithographic Machining,


(2) The proportion of apprentices shall be one (1)'to three (3) or fraction of three (3) journey- men permanently employed in each branch of the trade.

(•3) Every apprentice shall attend a Government Technical School, vocational classes, or classes of instruction, where provided, for instruction in such subjects as are deemed necessary for his branch of the trade. He shall be allowed the necessary time off without loss of pay during his ordinary working hours to attend such classes. Any apprentice failing to attend such classes when given time off for that purpose shall be deemed to have un- lawfully absented himself from his employment and may have his wages reduced accordingly.

(4) The period during which, apprentices are to attend such Technical School or classes shall be eight. (8) hours per week for four (4) years of the apprenticeship, period.

(5) In all other matters not expressly provided for herein the Apprenticeship Regulations made under the Industrial Arbitration Act, 1912-1963, shall apply to all apprentices under this agreement.

In witness whereof the parties hereto, have hereunto set their hands and seal the day and year first hereinbefore written. Signed for and on behalf of

Record Newspapers- Record Print in the presence of—

FRANCIS J. DILLON. DESMOND P. TRAVERS.

The Common Seal of the Printing Industry Em- ployees' Union of Austra- lia, Western Australian Branch—Industrial Union of Workers'—Perth, was hereunto affixed in the presence of—

L. E. HEARLE. CL.S. 1

J. WILLIAMS.

AGREEMENTS-INDUSTRML-

Variations of— CLERKS.

(Gold Mining.)

Agreement No. 22 of 1962. BEFORE THE WESTERN AUSTRALIAN


Between The West Australian Gold Mining Clerks' Association Industrial: Union ofWorkers, Applicant, and Lake. View and Star Limited, Respondent.

HAVING heard Mt. D. E. Maguire 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 Austrahan 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 Industrial Agreement No. 22 of 1962 be and the same is hereby amended by deleting therefrom the Long Service Leave provisions and by substituting therefor the provisions contained in Volume 44, Western Aus- tralian Industrial Gazette, commencing at page 737.

Dated at Perth this 9th day of November, 1964. [L.S.] (Sgd.) D. CORT,

Commissioner.

JOURNALISTS. (Farmers' Weekly.)



Between The Western Australian Journalists' Industrial Union of Workers, Applicant, and The Farmers' Weekly Newspaper Company Limited, Respondent.

HAVING heard Mr. D. R. Pratt 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 Industrial Commission, in pursuance of an allocation to me by the Chief Industrial Commissioner and in pursuance of, the powers contained in the Industrial Arbi- tration Act, 1912-1963, do hereby order and declare—

That Industrial Agreement No. 25 of 1958 be and the same is hereby amended by deleting therefrom the Long Service Leave provisions and by substituting therefor the provisions contained in Volume 44, Western Aus- tralian Industrial Gazette, commencing at page 606.

Dated at Perth this 9th day of November, 1964. [E.S.] (Sgd.) D. CORT,

Commissioner.

SUPERVISORS—GOLDHINING. (Underground.)


INDUSTRIAL COMMISSION. No. 418, of 1964.

Between The Western Australian Gold Mines Supervisors Association Industrial Union of Workers, Applicant, and Lake View and Star. Limited, Respondent.

HAVING heard Mr. B. E. Maguire 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 Industrial Commission, in pursuance of an- allo- cation 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 Industrial Agreement No. 4 of 1964 be and the same is hereby amended by deleting therefrom the Long Service Leave provisions and by substituting therefor the. provisions contained in Volume 44, Western Aus- tralian Industrial Gazette, commencing: at page 737.

Dated at Perth this 9th day of November, 1964. [L.S.]. (Sgd.): D. CORT,.

Commissioner;


COMPULSORY CONFERENCES.

W.A. Society of Carpenters and Joiners and R.l'. Construction at Spearwood Paper Mills.

No. 443 of 1964. A COMPULSORY conference was held before Mr. Commissioner D. E. Cort on 13th November, 1964, concerning the dismissal of a Job Steward named Greer for unsatisfactory service.

After hearing submission by Mr. J. Quinn, for the Carpenters and Joiners' Union, and Mr. S. J. Carter, on behalf of the employer, and general discussion, the Commissioner recommended that Mr. Greer be given the opportunity of being employed on other building construction work but not on forming work at the Spearwood Paper Mills.

Mr. B. E. Prince, for the employer, agreed to the recommendation but for personal reasons Mr, Greer refused the offer.

DEMARCATION BOARD-

Application for—Refused BUILDING TRADES. Award No. ?A of 1958.

(Re Right of Builders' Labourers to Dig Foundation Trenches and Place Concrete and Reinforce- ment Steel to the Exclusion of Carpenters.) BEFORE THE WESTERN AUSTRALIAN


No. 164 of 1964. Between: The Builders' Labourers' Union of Work-

ers of Perth, V/estern Australia, Applicant, and L. Lilleyman Pty. Ltd., Respondent.

Before Mr. Commissioner E. R. Kelly. The 30th day of October, 1964.

Judgment. THE COMMISSIONER: This is an application by the Builders' Labourers' Union pursuant to section 74 of the Industrial Arbitration Act, 1912- 1963, for the appointment of a Special Board to determine the right of builders' labourers to dig- foundation trenches and place concrete and re- inforcement steel to the exclusion of carpenters.

Mr. Hayter, appearing for the applicant, told the Commission that the application was brought because one of. the employers bound by the Build- ing Trades Award was using carpenters who were in his employ to do this work. He submitted that the work was properly the work of a builder's labourer and in support of this contention referred to the definitions of "builder's labourer" in the Building Trades Award.

Mr. Henley, on behalf of the Amalgamated So- ciety of Carpenters and Joiners, said that his union did not claim that the work in question be- longed to carpenters but submitted that the question could be determined by interpretation or enforcement of the Building Trades Award and that the appointment of a Special Board was therefore unnecessary.

Mr. Ince, who appeared for the employer concerned, argued that as the Builders' Labourers' Union and the Carpenters' Union were in agreement that the work was builders' labourers' work, there was no dispute which necessitated the appointment of a Special Board. More importantly, he said, common sense indicated that the appointment of such a Board was not justified. In this regard he pointed out that whilst an employer was not likely to employ workers at tradesmen's rates of pay on unskilled or semi-skilled work where this could be avoided, it was clearly unreasonable to suggest that a carpenter could not be employed on this work at any time or in any circumstances. He conceded that this latter submission would be more relevant to a determination of the demarcation issue itself rather than the present application.

Subsection (1) of section 74, insofar as it is relevant, is in the following terms:—■

74. (1) Where it appears to the Commission that a question has arisen as to the right of workers in specified callings to do certain work in an industry to the exclusion of the workers in other callings, the Commission may, on application made by any industrial union of workers or industrial union of employers, constitute a Special Board to determine such question ..."

It will be noted that the' power to set up a Spec- ial Board arises whenever it appears to the Com- mission that a "question has arisen" as to the respective rights of workers in different callings. It will also be observed that an application for a Board may be made by an industrial union of employers. It is clear, therefore, that the existence of a dispute between two or more unions of workers is not a condition precedent to the exercise of the Commission's jurisdiction under this section and, as a consequence, the fact that the unions concerned in the present application are in agreement on the question, does not necessarily point to the conclusion that the application should be refused.

The power to set up a Special Board is discre- tionary but the discretion must, of course, be exercised in accordance with proper principles and not in an arbitrary or irregular manner. The principles to be applied in deciding whether a Special Board should be appointed must be determined from a consideration of the relevant provisions of the Act and of the proper function of such a Board.

In my opinion the question to which any Special Board should address itself is whether workers in a specified calling have a right to do certain work in an industry to the exclusion of workers in other callings. In other words, the function of a Board is a declaratory one and not a legislative one; it is to determine whether, as a matter of fact, such a right exists in the industry in question and is not to determine whether workers in certain callings should be given such a right. This view is supported firstly by the importance which custom as- sumes in the settlement of demarcation disputes and, secondly, by the fact that there is no appeal from a determination of a Special Board. In this regard it will be observed that subsection (3) of the section requires the Commission to adopt the


determination of a Special Board for the purposes of any award or order. As the Commission is the only body with power to make an award and as it is required to act according to "the substantial merits of the case" (section 69), it would be strange indeed if it had to accept without question deter- minations made by an inferior tribunal if those de- terminations represented an award of rights. In order to arrive at a proper determination of a demarcation issue, however, it is obvious that a very careful and thorough investigation of customs and practices in the industry concerned is necessary, and it is clear, I think, that provision is made for the constitution of Special Boards in order to relieve the Commission of this task. In these circumstances the absence of any right of appeal to the Commission against a determination which merely represents a finding of fact as to the existence of a right is more readily understandable.

The words "certain work" in subsection (1) of the section refer not merely to the task to be performed but also to the manner in which and the means by which it is to be performed and the determination of a demarcation issue involves a consideration of the other tasks normally performed by workers in the callings concerned. Thus, where the means by which or the manner in which a certain task has been performed is altered (as, for example, where a task which previously formed part of the work of a tradesman becomes a repetitive machine process) and where a worker is employed solely on that task, it does not follow sim- ply because that task was previously performed by a tradesman that a question would be deemed to have arisen which would be appropriate for determination by a Special Board.

The foregoing considerations lead me to the conclusion that there is an onus on an applicant under section 74 to show, prima facie, that the right which he seeks to have determined by a Special Board is in fact recognised generally in the industry concerned. Unless there is some evidence from which the Commission can at least infer that it is reasonably probable that such a right exists, it would be unreasonable to order the detailed investigation which, as I have said, is necessary. In the present case no real attempt was made to discharge this onus and from the Com- mission's own knowledge it would seem unlikely that the right claimed by the applicant is, in fact, generally recognised in the industry.

I would point out that section 74 provides for the demarcation of work as between callings and is not concerned with questions of union membership. It is apparent from the submissions made by Mr. Hayter that it is this latter question with which he is primarily concerned. If this is so, I would be inclined to agree with Mr. Henley's submission that the question is one which could more appropriately be determined by interpretation of the Building Trades Award. I express no opinion, of course, as to the validity of the interpretation suggested by Mr. Henley in the course of his submissions.

For the foregoing reasons the application is dismissed.


BOARDS OF REFERENCE-

Decisions of. BUILDING TRADES.

(State Electricity Commission.) Award No. 1 of 1959.

(Re Application for Cancellation Decision of Board of Reference Awarding Allowance for Obnoxious Conditions on the Muja Power Station.)

In the matter of the Building Trades (State Elec- tricity Commission) Award No. 1 of 1959 and in the matter of a Board of Reference thereunder.

Before Mr. Commissioner D. E. Cort, Chairman; Mr. N. Hayter, Employees' Representative; and Mr. C. G. Carter, Employers' Representa- tive.

Decision. 1. THIS is an application by the State Electricity Commission of Western Australia for the cancellation of the amount awarded for work in unusually obnoxious conditions by a Board of Reference in a decision dated the 17th September, 1964 (Vol. 44 W.A.I.G. p. 659).

2. Mr. R. A. West, for the Electricity Commis- sion, submitted that the wet and sloppy conditions, for which that allowance was awarded, no longer existed and for that reason the payment should no longer be made.

3. The union indicated it had recently inspected the area and that in view of the change in site conditions the application would not be opposed.

4. The Board therefore, by unanimous decision, grants the application. The allowance for obnoxious conditions will be cancelled on and from this date.

Dated at Perth this 10th day of November, 1964. (Sgd.) D. CORT,

Chairman.

RAILWAYS CLASSIFICATION BOARD-

Awards-Amendments of— RAILWAY OFFICERS. Award No. 4 of 1962.

RAILWAYS CLASSIFICATION BOARD ACT, 1920-1959.

No. 3 of 1964. WHEREAS application having been made under section 21 of the above Act for variation of Award No. 4 of 1962, as amended, the Railways Classification Board doth order and prescribe that the Award made in this matter be further varied in the manner following, that is to say :—■

Clause 14—Away-from-Home Allowances :— Subclause (a) (i) :—Amend daily rate of 55s. Od. to read

62s. 6d. Subclause (a) (ii) :—Amend daily rate of 51s. 6d. to read

58s. 6d.


Subelause (b) :— Amend weekly rate of £12 5s. Od. to read £13 18s. Od. Amend weekly rate of £10 10s. Od. to read £11 18s. 6d.

Subelause (f) :—Amend charge of one pound five shillings (£1 5s. Od.) to read one pound twelve shillings and sixpence (£1 12s. 6d.).

Subelause (n) :—Amend allowance of ninety-four shillings and sixpence (94s. 6d.) to read five pounds eight shillings and three pence (£5 8s. 3d.).

Clause 16—Transfer Allowance :—Delete subelause (a) (iii) and insert in lieu the following :—

(a) (iii) be granted free passes for self and family and free railway transport of his furniture and effects including (if requested) one motor car or motor cycle where the distance by road between the new and the old home station is more than two hundred miles.

Clause 18'—Free Passes, Privilege Tickets, etc., subelause (j) Market Towns :—Add the following :—

Carnamah, Coorow, Dongara, Gingin, Mingenew, Moora, Three Springs.

Clause 32—Schedule of Classification of Positions :— Amend in accordance with the following :—

SECRETARY FOR RAILWAYS BRANCH Insert—Special Class 3.

Assistant Commercial Superintendent. Commissioner's Special Officer.

Delete—Special Class 2. Clerk-in-Charge, Commercial Section. Special Class 1.

Insert—Office Work Analyst (4). Delete—Costs and Methods Officer.

First Class. Insert—General Assistant.

Second Class. Insert—First Assistant Standard Gauge Section. Delete—Personal Clerk to Commissioner and Senior

Administrator and Technical Adviser. Third Class.

Delete—Second Assistant, Budget Section. Insert—Second Assistant, Works Section.

Fourth Class. Delete—Relief Clerk (3). Insert—Relief Clark (4).

Fifth Class. Insert—Assistant, Works Section.

Clerk, Standard Gauge Section. Delete—Secretary-Librarian, Railways Institute,

Kalgoorlie.

STORES BRANCH Second Class.

Insert—I.B.M. and Diesel Parts Officer.

MECHANICAL BRANCH :— Workshops Staff:

Second Class. Delete—Boiler Inspector (3). Insert—Boiler Inspector (2). Delete—Planner, Foundry.

Third Class. Delete—Sub-foreman Fitter, Workshops (12). Insert—Electrical Material Supply Officer.

Sub-foreman Fitter, Workshops (11).

Motive Power Section :—Inspectorial and Supervisory Staff:

First Class. Delete—Electric Traction Inspector.

Third Class. Delete—Loco. Sub-foreman Fremantle. Delete—Loco. Sub-foreman Midland (3). Insert—Loco. Sub-foreman Midland (2).

Motive Power Section :—Clerical Staff: Fourth Class.

Insert—Clerk Diesel Shed (East Perth).

CIVIL ENGINEERING BRANCH :— Inspectorial and Supervisory Staff:

Second Class. Insert—Inspector Permanent Way (Construction).

Clerical Staff: Third Class.

Insert—Clerk-in-Charge, New Works Section. Fourth Class.

Insert—New Works Clerk. Fifth Class.

Insert—Clerk, New Works Section.

TRAFFIC BRANCH :— Clerical Staff Administrative :

First Class. Insert—Assistant to the District Traffic Super-

intendent, Narrogin. Assistant to the District Traffic Super-

intendent, Northam. Senior Assistant to Superintendent of

Research. Second Class.

Delete—Assistant to Superintendent of Research (2). Insert—^Assistant to Superintendent of Research.

Third Class. Delete—Relief Clerk (2). Insert—Relief Clerk (3).

Clerical Staff—Stations. Fourth Class.

Delete—Interchange Clerk, Midland. Fifth Class.

Delete—Goods and Coaching Clerk, Brunswick Junction.

Shipping Clerk, Bunbury. Insert—Goods Clerk. Guildford.

Foremen, Platform Inspectors and Sub-foremen. Sixth Class.

Insert—Assistant Head Ticket Examiner. Goods Agents and Station Masters :

Sixth Class. Insert—Weston Street. Delete—Bullfinch, Gwalia, Karrakatta, Menzies,

Serpentine and Tardun. Assistant and Night Station Masters :

Delete—East Guildford A.S.M. ; Meltham A.S.M. ; Mt. Lawley A.S.M. ; Walkaway A.S.M. ; West Leederville A.S.M. ; West Midland A.S.M.


Clause 33—Railway Construction, etc., Work: Subclause (1) (i), paragraph 3 :—Amend allowance

of £1 15s. to read £3 5s. Subclause (1) (i), paragraph 4 :—Amend rate of

five shillings (5s.) per day to read ten shillings (10s.) per day.

Subclause (1) (i), paragraph 5 :—Amend allowance of 17s. 6d. per week to read £2 per week and 28. 6d. per day to read 6s. 6d. per day.

Subclause (1) (ii), paragraph 1 :—Amend allowance of £3 5s. per week to read £4 10s. per week.

Subclause (1) (ii), paragraph 2 Amend allowance of £3 5s. per week to read £4 10s. per week.

This order will take effect as from and including Sunday, 11th October, 1964.

In witness whereof, this Order has been signed by the Chairman, this Seventh day of October, 1964.

W. J. WALLWORK, Chairman, Railways Classification Board.

RAILWAYS. Managers, etc., Refreshment Service Section.

Award No. 5 of 1962. RAILWAYS CLASSIFICATION BOARD ACT, 1920-1959.

No. 4 of 1964. WHEREAS application having been made under section 21 of the above Act for variation of Award No. 5 of 1962, as •amended, the Railways Classification Board doth order and prescribe that the Award made in this matter be further varied in the manner following, that is to say :—

Clause 12.—Away-from-Home Allowance :— Subclause (a) (I) :—Amend daily rate of 44s. Cd. to read

50s. Cd. Subclause (a) (ii) :—Amend daily rate of 42s. to read

47s. fid. Subclause (b) :—Amend weekly rate of £9 4s. to read

£10 9s. Subclause (f) :—Amend charge of twenty-five shillings

(25s.) to read one pound twelve shillings and sixpence (£1 12s. Gd.).

Subclause (n) :—Amend weekly rate of seventy-five shillings and sixpence (75s. 6d.) to read four pounds five shillings and sixpence (£4 5s. Cd.).

Clause 13.—Transfer Allowance :—Delete subclause (a) (ii) and insert in lieu the following :—

(a) (ii) be granted free passes for self and family and free railway transport of his furniture and effects including (if requested) one motor car or motor cycle where the distance by road between the new and the old home station is more than two hundred miles.

Clause 15.—Free Passes, Privilege Tickets, etc. :—Delete subclause (h) and insert in lieu the foEowing :—

(h) Privilege Tickets.—After six (6) months' continuous service, an officer shaU be allowed privilege return tickets for himself, wife and members of his famEy under eighteen (18) years of age unmarried, also unmarried daughters over eighteen (18) years of age, and his parents, provided they are resident with and dependent upon the officer's earnings. The charge for privilege tickets shaU be half (J) single fare for the return journey subject to a minimum charge to be determined by agreement between the parties, and failing agreement, by the Board.

Clause 26.—Classification of Positions and Rates of Pay, etc. :—Amend in .accordance with the following :—

(2) Class B positions (margin per annum above basic rate as defined in subclause (15) £510) :

Delete—Manager, Refreshment Rooms, CMdlow. Delete—Manager, Refreshment Rooms, Spencers

Brook. (3) Class C positions (margin per annum above basic

rate as defined in subclause (15) £355) : Delete—Manager, Refreshment Rooms, Cunderdin. Delete—Manager, Refreshment Rooms, Pinjarra. Delete—Manager, Refreshment Rooms, Southern

Cross. Delete'—Relief Manager, Class (C), Perth.

This Order wiH take effect as from and inoluding Sunday Uth October, 1964.

In witness whereof this order has been signed by the Chairman this 7th day of October, 1964.

W. J. WALLWORK, Chairman, Railways .Classification Board.

UNIONS-

Amendment of Constitution— LOCOMOTIVE ENGINE DRIVERS'

AND FIREMEN. BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION. File No. 2 of 1947.

In the matter of the Industrial Arbitration Act, 1912-1963, and in the matter of an application by The West Australian Locomotive Engine Drivers', Firemen's and Cleaners' Union of Workers for amendment of Constitution and Rules. Before the Commission in Court Session. Mr. Commissioners E. R. Kelly, D. E. Cort

and J. R. Flanagan. The 26th day of November, 1964.

Mr. H. T. Kingston on behalf of the West Aus- tralian Locomotive Engine Drivers', Firemen's and Cleaners' Union of Workers.

Mr. J. G. Rickie on behalf of the West Austra- lian Government Railways Commission.

Judgment. MR. COMMISSIONER KELLY: This is the unanimous decision of the Commission in Court Session.

This is an application by the West Australian Locomotive Engine Drivers', Firemen's and Cleaners' Union to amend its rules insofar as they relate to the qualification of persons to be members of the union.

The applicant union was directed, pursuant to subsection (2) of section 11 of the Industrial Arbi- tration Act, 1912-1963, to serve notice of its application on the Western Australian Amalgamated Society of Railway Employees (hereinafter referred to as the W.A.A.S.R.E.) and the Federated Engine Drivers and Firemen's Union of Workers but no appearance was entered on behalf of these unions.

The West Australian Government Railways Com- mission was represented at the hearing and objected to part of the amendments sought by the applicant.

809

The principal alteration asked for by the applicant union was the addition of "junior trainee engineman not under the age of 15 years" to the list of workers who are eligible to belong to the union. Trainee enginemen not under the age of seventeen and a half years are, it would appear, deemed to be included in the calling "cleaner" which already appears in the rule concerned.

The real purpose of this amendment was to enable the applicant to enrol as members junior workers known in the industry as "call boys,", this being an occupation which normally represents the starting point in the career of workers who ulti- mately become locomotive enginemen. At present these "call boys" are not provided for in the award to which the applicant is a party but are employed as junior workers under the terms of the W.A.A.S.R.E. award. It was said by Mr. Kingston, however, that the W.A.A.S.R.E. was not concerned to enrol these boys as members owing to the fact that they ceased to be eligible for membership of that union upon reaching the age of seventeen and a half years and this would seem to be supported by the fact that no objection was made by that union in the present proceedings.

The main objection raised to the amendment by the Railways Commission was based on the fear that it might, if granted, directly or indirectly have the result of bringing "call boys" within the classification "trainee engineman" in the award applying to the applicant union, thereby altering their rates of pay; and that, as the duties of these boys were similar to those of junior station assistants who would continue to be employed under ' the W.A.A.S.R.E. award, an anomalous situation could therefore arise.

The Commission is of the opinion that the amendments sought by the applicant should be allowed, although not in the precise form set out in the application. As I have said, the amendment relates to junior workers known as "call boys." They have been employed in this industry for very many years under that name and it is under that name that we think they should appear in the rales. We also think that for the purpose of clarity trainee engineman should be included specifically in the rules.

In regard to the objection raised by the Railways Commission, we would point out that the appropriate classification and rate of pay for "call boys" would be a matter for agreement between the parties or, failing agreement, for determination by this Commission, if the applicant union seeks" to have them included in its award. The amendments which we would now allow do not, however, affect any rights which the W.A.A.S.R.E. has at the moment to enrol these workers as members and does not in any way alter their conditions of employment.

The applicant also sought the deletion of the calling "washout assistant" from the rule concerned and as it would appear that this calling no longer exists, this amendment will be allowed.

The Commission will therefore allow an amendment to the rules if it is put in the following form, namely, by deleting rule 3 and substituting in lieu thereof:—-

Any locomotive, engine driver, fireman, cleaner, wash-out man, packer and trimmer, and trainee engineman not under the age of 17h years, and call boys not under the age of 15 years employed on the West Australian Gov- ernment Railways, shall be eligible for membership of this Union and every such member

(6)—90499

of the Union shall be a worker within the meaning of the Industrial Arbitration Act, 1912-1983, and subsequent amendments there- to (hereinafter called "the Act"). Any person eligible for membership of the Union shall, on the presentation of a membership form duly signed and witnessed, be proposed by one and seconded by another member at the monthly meetings of the Union which he shall attend if stationed at a depot where such meetings are held and if a majority of the members present vote in favour of his becoming a member, he shall be considered elected.


W.A. POLICE UNION. BEFORE THE WESTERN AUSTRALIAN

INDUSTRIAL COMMISSION. Pile No. 13 of 1926.

In the matter of the Industrial Arbitration Act, 1912-1963, and in the matter of an application by the Western Australian Police Union of Workers for amendment of Constitution and Rules.

HAVING heard Mr. J. C, Pereira on behalf of the applicant union, there being no other industrial union desiring to object herein, and the requirements of the abovementioned Act and the regulations made thereunder having been complied with, the Commission in Court Session, pursuant to the powers contained in section 23 of the said Act, doth hereby approve of the registration of amendment to the Constitution and Rules of the said applicant union in the terms following:—

Rule 4.—Constitution: Delete this rule and insert in lieu thereof:—

Rule 4.—Constitution. Any member of the Western Australian

Police Force, including Probationary Con- stables and Police Cadets employed by the Police Department, may become a member of the Union upon making application to the General Secretary and by paying the sum of 4s. (four shillings) per week Union subscriptions by adult members and Is. (one shilling) per week by cadets up to the age of 19 years and Is. 6d. (one shilling and sixpence) per week thereafter.

Adult members shall pay any levies which may at any time be struck by the Council of the Union. An adult member, upon, making application, shall also- pay an amount of 5s. (five shillings) Death Levy Fund joining fee together with a joining fee of Is. (one shilling) Wreath

r Levy,,Fund, provided that no person shall be a member (except in the capacity of an honorary member) of the Union who is not a worker within the meaning of the Industrial Arbitration Act, 1912-1983. The General Secretary shall be an honorary member of the Union. The financial year shall commence on the 1st April every year.

Dated at Perth this 2nd day of November, 1984. By the Commission in Court Session, '

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


APPRENTICES-

Sy!!aby\of Training—

DENTAL TECHNICIANS. (Perth Dental Hospital.)

Syllabus showing what, in the opinion of the examiners, is the stage of proficiency which an apprentice should attain at each of the examinations prescribed.

The five-year course of apprentice training will include a four-year course of formal instruction in Dental Technology, consisting of lectures, demon- strations, and practical classes designed to cover this syllabus.

This formal course is supplementary to the five- year apprenticeship training received by the apprentice in his employer's laboratory. This is a vital aspect of his training, ensuring that, through repetitive experience, the apprentice becomes skilled in all standard laboratory procedures.

Restriction of the course of instruction to four years will ensure that:—

(a) All apprentices, irrespective of when they start their time, will receive the full course, and

(b) in the majority of cases, there will be a period of the apprenticeship following the termination of the formal instruction, which will serve to consolidate the apprentice's training.

First Year. Theory.

Gypsum products. Acrylic resins. Abrasion and polishing. Tooth setting. Technology of complete denture construction. Denture repairs. Soldering. Tooth morphology.

Practical. Complete Denture Construction—plane line arti-

culation. 1. Manipulation of gypsum products. 2. Beading, boxing. 3. Interpretation of design and construction

of individual impression trays— Shellac. Acrylic—

Heat cured. Cold cured.

4. Interpretation of construction of bases— Wax. Shellac. Acrylic.

5. Interpretation of design and construction of occlusal rims—

Wax. Compound.

8. Mounting of casts on plane line articulator.

7. Setting of teeth on plane line articulator. 8. Waxing of dentures. 9. Masking of dentures.

10. Mould preparation. 11. Packing and processing of denture bases. 12. Finishing Of dentures.

Repairs—To complete and partial dentures. Exercises involving the use of both heat cured

and cold cured resins. Soldering.

Exercises involving the use of hard and soft solders.

Second Year. Theory.

Balanced articulation. Advanced tooth setting. Technology of relines and rebases.

Practical. Complete Denture Construction—Balanced arti-

culation. 1. Mounting of upper cast on adjustable

articulator, using a face bow, and split cast technique.

2. Mounting of lower cast on adjustable articulator using a split cast technique.

3. Setting of teeth with balanced articulation.

4. Waxing, flashing, packing and processing and finishing of dentures.

5. Remounting of dentures on adjustable articulator.

6. Occlusal re-adjustment following processing.

Modification of tooth setting required by Class II and Class III jaw relations.

Modification of complete denture techniques for immediate dentures.

Relines and rebases. Partial Denture Construction.

1. Surveying. 2. Preparation of master models for duplica-

tion. 3. Duplication of master models.

Third Year. Theory.

Technology of partial denture construction. Physical metallurgy. Dental investments. Casting. Splints.

Practical. Partial Denture Construction.

1. Interpretion of design and construction of bases—

Wax. Shellac. Acrylic.

2. Interpretion of design and construction of occulusal rims—

Wax. Compound.

3. Construction of wrought retainers, lingual bars and palatal bars.

4. Construction of cast retainers and occlusal rests.

5. Construction of metal skeletons. 6. Setting of teeth. 7. Waxing of dentures. 8. Masking of dentures. 0. Mould preparation.


10. Packing and processing of denture bases. 11. Finishing of dentures. 12. Occlusal re-adjustment following process-

ing.

Splints—Construction of simple splints. Fourth Year.

Theory. Technology of orthodontic appliances. Technology of crown and bridgework. Porcelain.

Practical. Orthodontic appliances.

Construction of bands and simple removable appliances.

Crown and bridge work. Construction of a simple three unit bridge

involving the waxing and casting of inlays and crowns, pontic construction and specialised soldering.

Ceramics. Exercises involving the manipulation of dental

porcelain. ALFRED H. W. LANCFORD, W. HUBBARD,

Examiners.

DENTAL TECHNICIANS. (Other than Perth Dental Hospital.)

Syllabus showing what, in the opinion of the examiners, is the stage of proficiency which an apprentice should attain at each of the examinations prescribed.

The five-year course of apprentice training will include a four-year course of formal instruction in Dental Technology, consisting of lectures, demon- strations, and practical classes designed to cover this syllabus.

This formal course is supplementary to the five year apprenticeship and training received by the apprentice in his employer's laboratory. This is a vital aspect of his training, ensuring that, through repetitive experience, the apprentice becomes skilled in all standard laboratory procedures.

Restriction of the course of instruction to four years will ensure that—

(a) all apprentices, irrespective of when they start their time, will receive the full course; and

(b) in the majority of cases, there will be a period of the apprenticeship following the termination of the formal instruction, which will serve to consolidate the apprentice's training.

First Year. Theory-

Gypsum products. Acrylic resins. Abrasion and polishing. Tooth setting. Technology of complete denture construction. Denture repairs. Soldering. Tooth morphology.

Practical. Complete Denture Construction—plan line arti-

culation. (1) Manipulation of gypsum products. (2) Beading, boxing. (3) Interpretation of design and construction

of individual impression trays— Shellac Acrylic—

Heat cured. Cold cured.

(4) Interpretation of construction of bases— Wax. Shellac. Acrylic.

(5) Interpretation of design and construction of occlusal rims—

Wax. Compound.

(6) Mounting of castson plane line articulator. (7) Setting of teeth on plane line articulator. (8) Waxing of dentures. (9) Flasking of dentures.

(10) Mould preparation. (11) Packing and processing of denture bases. (12) Finishing of dentures.

Repairs—to complete and partial dentures. Exercises involving the use of both heat cured

and cold cured resins. Soldering.

Exercises involving the use of hard and soft solders.

Second Year. Theory.

Balanced articulation. Advanced toothsetting. Technology of relines and rebases.

Practical. Complete Denture Construction—balanced arti-

culation. (1) Mounting of upper cast on adjustable

articulator, using a face bow, and split cast technique.

(2) Mounting of lower cast on adjustable articulator using a split cast technique.

(3) Setting of teeth with balanced articulation.

(4) Waxing, flasking, packing and processing and finishing of dentures.

(5) Remounting of dentures on adjustable articulator.

(6) Occlusal re-adjustment following processing.

Modification of tooth setting required by Class II and Class III jaw relations.

Modification of complete denture techniques for immediate dentures.

Relines and rebases. Partial Denture Construction.

(1) Surveying. (2) Preparation of master models for duplica-

tion. (3) Duplication of master models


Third Tear. Theory.

Technology of partial denture construction. Physical metallurgy. Dental investments. Casting. Splints.

Practical. Partial Denture Construction,

(1) Interpretation of design and construction of bases—

Wax. Shellac. Acrylic.

(2) Interpretation of design and construction of occlusal rims—

Wax. Compound.

(3) Construction of Wrought retainers, lingual bars and palatal bars.

(4) Construction of cast retainers and occlusal rests.

(5) Construction of metal skeletons. (6) Setting of teeth. (7) Waxing of dentures. (8) Flasking of dentures.

(9) Mould preparation. (10) Packing and processing of denture bases. (11) Finishing of dentures. (12) Occlusal re-adjustment following process-

ing. Splints—Construction of simple splints.

Fourth Year. Theory.

Technology of orthodontic appliances. Technology of crown and bridgework. Porcelain.

Practical. Orthodontic appliances.

Construction of bands and simple removable appliances.

Crown and bridge work. Construction of a simple three unit bridge in-

volving the waxing and casting of inlays and crowns, pontic construction and specialised soldering.

Ceramics. Exercises involving the manipulation of dental

porcelain. L. G. COCKER, C. H. BONNET,

Examiners.

No. of j Date of Agreement j Registration Party Retiring

2/10/54 Australian Workers' Union, Westralian Australian Workers' Union, West- Branch, Industrial Union of Workers, raiian Branch, Industrial Union and the Minister in charge of State of Workers Building Supplies of Western Australia

Australian Workers' Union, Westralian Branch, Industrial Union of Workers, and Nor'West Whaling Company Limited

Australian Workers' Union, West- ralian Branch, Industrial Union of Workers

90499/12/64 iy Authority: ALEX. B. DAVIES, Government Printer

PUBLISHED BY AUTHORITY Sub-part 5 GOLDMINING INDUSTRY

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