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29 March, 1956.] GOVERNMENT GAZETTE, W.A. 925
IN THE COURT OF ARBITRATION OF
WESTERN AUSTRALIA.
No. 53 of 1955.
Between State Executive, Australasian Society of
Engineers' Industrial Association of Workers,
Applicant, and Cyclone Company of Australia
Limited, and others, Respondents.
WHEREAS an industrial dispute existed between
the abovenamed parties, and whereas the said dispute
was referred into Court for the purpose of
hearing and determination, and whereas the said
reference of industrial dispute was remitted by the
Court to the Conciliation Commissioner 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 Conciliation Commissioner
by their respective representatives and requested
the Conciliation Commissioner to make the said
Agreement an Award of the Court: Now, therefore,
the Conciliation Commissioner, pursuant to section
65 of the Industrial Arbitration Act, 1912-1952, 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
Court.
Memorandum of Agreement.
(Note.Wherever the word "Award" occurs
herein, it shall be taken to mean and include
'Agreement",)
1.Title.
This Award shall be known as the "Gate and
Fence and Ornamental Wrought Iron Making
Award" and replaces Award No. 51 of 1950.
2.Arrangement.
Title.
Arrangement.
Term.
Scope.
Area.
Hours.
Overtime.
Wages.
Higher Duties.
Contract of Service.
Breakdowns.
Absence through sickness.
Holidays and annual leave.
Country work.
special rates and provisions.
Junior workers.
Junior workers' certificate.
Under-rate worker.
Record.
Representative interviewing workers.
Posting of Award.
Board of Reference.
DefinitIons.
3.Term.
The term of this Award shall be for a period of
three (3) years from the beginning of the first pay
period commencing after the date hereof.
4.Scope.
This Award shall apply to the workers classified
in Clause 8 hereof employed in the gate and fence
and ornamental wrought Iron making industry.
5.Area.
This Award shall operate over the area comprised
within a radius of twenty-five (25) miles
from the General Post Office, Perth.
6.Hours.
Except as hereinafter provided forty (40)
hours, exclusive of Sunday work, shall constitute
a week's work: Provided that, by agreement between
the employer and the workers employed in
any particular establishment, the week's work may
be worked in five (5) days exclusive of Saturday
and Sunday.
No day's work shall exceed eight (8) hours.
Cc) Subject to clause Cd) hereof, the ordinary
hours of work shall be between 7.30 a.m. and 5.30
p.m., except on Saturday, when work shall finish at
noon.
(d) An employer may if he so desires work his
establishment on shifts.
(e) Lunch interval shall not exceed one hour.
7.Overtime.
For all work done beyond the hours of duty
on any week day other than a holiday, payment
shall be at the rate of time and a half for the first
four (4) hours and double time thereafter.
Notwithstanding anything contained in this
Award- An employer may require any worker to
work reasonable overtime at overtime rates
and such worker shaU work overtime in accordance
with such requirement.
No organisation, party to this Award or
worker or workers covered by this Award
shall In any way, whether directly or indirectly,
be a party to or concerned in any
ban, limitation or restriction upon the
working of overtime in accordance with the
requirements of this subclause.
Cc) Work done on Sundays or the holidays prescribed
in Clause 13 (a) shall be paid for at double
time rates, except In connection with repairs to
the employer's machinery which has broken down
and has caused a stoppage of operations, when the
rate of time and a half shall apply to the work
done on such days.
Cd) When a worker is recalled to work after leaving
work, he shall be paid at least two hours at
overtime rates.
Ce) When a worker is required to hold himself in
readiness for a call to work after ordinary hours,
he shall be paid at ordinary rates for the time he
so holds himself in readiness.
(f) When a worker, without being notified on the
previous day, is required to continue working after
the usual knock-off time for more than one hour,
he shall be provided with any meal required, or
shall be paid two shillings and sixpence (2s. Gd.) in
lieu thereof.
(g) When a worker is required for duty during
any meal time whereby his meal time is postponed
for more than one hour, he shall be paid at overtime
rates until he gets his meal.
8.Wages.
The minimum rates of wages payable to workers
covered by this Award shall be as follows:
Per Week.
Basic wage £ 5. d.
Within a fifteen (15) mile radius
from the G.P.O., Perth 12 13 8
Outside a fifteen (15) mile but
within a twenty-five (25) mile
radius from the G.P.O., Perth 12 13 11
Margin
over Male
Basic Wage
Per Week.
Adults 2 s. d.
(i) Metal frame and scroll makers 1 16 0
(U) Workers erecting hand rails,
lawn tennis courts, bannister
rails and structural
work of any description .... 1 11 6
Spring coil, ring lock, "XC"
fence and fabric machinists 1 16 0
Machinists' assistants .... 1 10 0
Labourers ........ .... Nil
First class welder ........ 3 15 0
Second class welder .... 1 15 0
Third class welder ........ 1 10 0
Fourth class welder .... .... 1 5 0
Provided that any person without previous experience
in the industry who is engaged to perform
work prescribed for in classifications (b) Ci), (ii)