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970 GOVERNMENT GAZETTE, W.A. [15 May, 1953. 13.Sick Leave. As from the first day of September, 1947, any employee who is absent from his work with an employer on account of personal illness, or on account of injury sustained without his own default or wilful act, shall be entitled to paid leave of absence subject to the following conditions and limitations: Each worker shall be entitled to sick leave on full pay on the basis of one day for each completed month of service. Where a worker has worked less than the full number of shifts which his mine has worked for the production of coal, he shall be allowed to accumulate sick leave only on the proportion of days worked by him to the number of days worked by the mine for the period over which the sick leave has accumulated. Leave allowable under this clause which is not availed of by an employee during the time it accrues shall be allowed to accumulate to a period of 60 days. Any sick leave taken shall be deducted from the sick leave accumulated, the balance, if any, remaining to the credit of the employee and to commence to accumulate again upon his resumption of work. Where practical, within 24 hours, but not later than 72 hours of the commencement of such absence, the employee shall inform the employer of his inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of the absence. The employee shall prove to the satisfaction of his employer (or in the event of a dispute, of the appropriate industrial authority) that he was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed. An employee shall not be entitled to paid sick leave of absence for any period in respect of which he is entitled to workers' compensation. The employee shall be paid for each day of leave allowable under this clause at the appropriate rate for his class of work or, in the case of a contract miner, the minimum rate for his grade. For the purpose of calculation of sick leave, any absence from work on account of annual leave as prescribed in clause 9 hereof shall be regarded as shifts of actual attendance. Provided that any employee who changes his employment and maintains continuity of employment in the Coal Mining Industry shall only be entitled to credit by his new employer of up to five days for leave accumulated but not availed of by him in his former employment. 14.Shift Work. (a) For all time worked on afternoon or night shift by employees in continuous process, 7j, per cent. shall be added to ordinary rates. (b) For all time worked on afternoon or night shift by employees on other than continuous work, 10 per cent. shall be added to ordinary rates. (c) An employee who (1) during a period of engagement on shift works night shift only; or remains on night shift for a longer period than foul' consecutive weeks; or works on a night shift which does not rotate or alternate with another shift, or with day work so as to give him at least one-third of his working time off night shift in each shift cycle, shall during such engagement period or cycle be paid at the rate of time and a quarter for all time worked during ordinary working hours on such night shifts. (d) If an employee who ordinarily works on day shift only is required to work on at least three successive working days, he shall be paid at overtime rates for the first afternoon or night shift he works and thereafter he shall be paid in accordance with the foregoing provisions of this clause for such other shifts. If such employee be required to work shift work for a period less than three consecutive working days, overtime rates shall be paid for such afternoon or night shift work unless such overtime be caused by the failure of any other employee to come on duty at the proper time. (e) For all work done on afternoon or night shift at open cut workings in the <strong>State</strong> of Western Australia an employee who by virtue of subclause (b) of this clause is entitled to a shift allowance of 10 per cent, shall in addition to that allowance be paid at the rate of 2s. per shift for all work done on afternoon shift and for all work done on night shift at the rate of 4s. per shift. 15.Existing Custom and Conditions. This Award is based on existing custom and conditions not inconsistent with this Award. 16.Reduction of Hands. In the event of a reduction of hands at a mine. the last worker employed in the particular class of work shall be the first to be dismissed, but this provision shall not apply to any worker dismissed for gross misconduct or refusal to obey lawful orders, or for incapacity, the proof of which, if disputed, shall lie upon the employer. If a worker has been shifted from one class of work to another, then his length of service for the purpose of determining seniority shall be deemed to date from the last time he signed on at the mine during his current period of employment. 17.Record Book. A record or time book shall be kept by each employer, in which record or time book shall be entered the name of each worker, the nature of the work he is doing, the hours worked each day, and the amount of wages earned by him each fortnight: the said record or time book shall be open to the inspection of the accredited representative of the Union at any time during the working hours; and he shall be allowed to take necessary extracts therefrom. 18.Preference. All workers under this Award must be members of one of the Unions mentioned therein. All workers engaged by the employer shall make application to become members of one of the Unions within three (3) weeks of their engagement. The Union shall accept them as members, provided that they are persons of good character and tender the entrance fees and subscriptions in accordance with the rules of the Union. Provided that this shall not oblige a Union, where its rules so provide, to accept as a tradesmanmember anyone other than a person who has duly served his time as an apprentice or is otherwise considered to be a competent tradesman. Provided, further, that this clause does not apply where temporary assistance is being rendered by a member of the Miners' Union to workers provided for under this Award. 19.Absence from Duty. In the event of a worker being absent from work through any cause, he shall notify the management on the day prior to his intended resumption that he is returning to his work the following day. Failing such notification, there shall be no obligation on the part of the management to provide him with work for the day on which he returns, if the employer is under an obligation to pay another worker for such day. 20.Deductions from Wages. The employer may deduct from the worker's wages the amounts agreed upon on account of contributions for medical benefits, contributions to the Accident Relief Fund and the Aged and Infirm Coal Miners' Superannuation Fund, and any other contribution agreed to by both parties. 21.Pay Day. The wages shall be paid to all workers on every alternate Friday. 22.Board of Reference. Board of References to be appointed in accordance with section 322 of the Mining Act.
15 May, 1953.] GOVERNMENT GAZETTE, W.A. 971 23.Apprentices. The employer taking an apprentice or probationer shall, within fourteen (14) days thereafter register such apprentice or probationer, by giving notice thereof to the Clerk of the Court of Arbitration on the prescribed form. A probationary period of three (3) months previous to being bound shall be allowed. Such probationary period to be deemed part of the apprenticeship. The number of apprentices allowed to the employer shall be in the proportion of one apprentice to three (3) or part of three (3) tradesmen employed by him on the particular branch of work. The term of apprenticeship shall be five (5) years. Apprenticeship shall not commence before the apprentice is fifteen (15) years of age. Should the employer, from unforeseen circumstances, be unable to carry out his obligations to his apprentice, he shall be allowed to transfer the apprentice to complete his term of apprenticeship to another employer, but it shall be en- cumbent on the former employer to notify the Clerk of the Court of Arbitration of the date of the said transfer on the prescribed form. It shall not be obligatory upon the employer to find the apprentice another employer if he shall so misconduct himself as to entitle the employer to discharge him. When an apprentice cannot be usefully employed because of a strike, the employer shall be relieved of his obligations under the apprenticeship contract during the period of the strike. Slackness of work may form a proper ground of transferring an apprentice to an employer willing to take the responsibility of teaching him. When an apprentice is discharged, notice in the prescribed form attached hereto shall be given to the Clerk of the Court of Arbitration. (i) The rates of pay for apprentices shall be as under: Per Cent, of Wartime Load- Basic Wage. ing per Week. s. d. First six months 20 0 9 Second six months 25 0 9 Second year 35 1 0 Third year 55 1 6 Fourth year 80 2 3 Fifth year 95 3 0 The wartime loading is not adjutable in accordance with any rise or fall in the basic wage. Provided that where an apprentice is 21 years of age or over at the commencement of his fifth year, he shall be paid the full basic wage and that when an apprentice becomes 21 years of age in the course of his fifth year he shall be paid the full basic wage for the period following his 21st birthday: Provided, further, that the foregoing provisions shall not apply where the apprenticeship has been revived under the Re-establishment and Employment Act, 1945, and the apprentice is in receipt of the tradesmen's rate through Government supplementation. (ii) Apprentices employed on afternoon or night shift shall be covered by the shift work conditions set out in clause 10. Every apprentice shall be bound to attend such classes at the Technical School or continuation of classes, as are provided for in his trade. The period during which apprentices are to attend such Technical School or classes shall be four (4) hours per week, if instruction is available: Provided, if technical instruction is not available in Collie and is available by correspondence at reasonable cost, to be approved by the Court, the Court may prescribe such correspondence course as the technical instruction to be taken by the apprentice and paid for by the employer. Every apprentice shall be bound to submit himself to examination at the places and times prescribed by the Court. Every apprentice shall, prior to submitting himself to examination, produce to the examiners a certificate that he has made at least 70 per cent. of attendances at the Technical School or other place of instruction, unless he is exempted from such attendance for good cause. The Clerk of the Court shall notify the examiners of the names and addresses of the apprentices required to submit themselves to examination. The employer shall place at the disposal of the examiners such materials and machinery on his premises as may be required by them, and shall in all ways facilitate the conduct of the examinations. (I) The Board of Examiners shall consist of persons skilled in the industry. It shall comprise equal numbers of representatives nominated by the employers and workers in the particular trades. Failing such nomination or nominations, the Court may appoint such person or persons as it may deem fit. In the event of a disagreement between the examiners the matters in dispute shall be referred to a third person agreed to by them or nominated by the Court or the President, at the request of any of the examiners, and the decision of such person shall be final and conclusive. It shall be the duty of the examiners to examine the work, require the production of the certificate of attendance, inquire into the diligence of each apprentice, and as to the opportunities provided by the employer for each apprentice to learn and submit a report to the Court in writing as to the result of the examination within one (1) month from the date of holding the examination, but this period may be extended by the Court. Such examinations shall, where possible, include theory and practice as applied to the trade, industry, craft, occupation or calling to which the apprentice is indentured. (0) The Registrar shall, after the examination, issue a certificate to each apprentice indicating his degree of proficiency, taking into consideration the term of apprenticeship served. A duplicate of such certificate shall be lodged by each apprentice with his employer and the Secretary of the Union each of whom shall keep the same in safe custody and produce the same for inspection by the Industrial Inspector whenever demanded by the latter to do so. When the final examination has been passed, the certificate shall be signed by the examiners. The examiners shall each be entitled to the following fees, namely, for every five or fraction of five (5) apprentices examined, two guineas, with a minimum fee of three guineas per day, and a maximum fee of four guineas per day, providing further that the fee for conducting a special examination approved by the Registrar shall be one guinea for each apprentice examined which the Registrar may direct to be paid by the apprentice or the Union concerned. In addition to the foregoing fees, where examiners in the performance of their duties as such are required to travel, they will be entitled to reimbursement of all fares and necessary expenses actually incurred, particulars of which must be submitted and approved by the Registrar before payment is made. Whenever it is possible to do so, the examiners, before entering upon the examination following the issue of these Regulations, shall draw up a syllabus showing what, in their opinion, is the state of proficiency which an apprentice should attain at each of the examinations prescribed. The syllabus shall be subject to review by the Court at any time, and shall be kept as a record by the Clerk of the Court and a copy handed to the examiners before each examination. The said syllabus may be subject to alteration from time to time by the examiners, who shall forthwith notify the Clerk of the Court thereof. In lieu of the Board of Examiners above referred to, the Court may appoint in substitution thereof, wholly or partly, examiners to be appointed by the Director of Technical Education for the whole or any portion of the subjects of instruction. Apprentices shall be allowed to the following trades:(i) Fitter and turner; (ii) machinist; (iii) blacksmith: (iv) electrical fitter; (v) millwright; (vi) welder. The employer shall pay the apprentice for all time lost through sickness or the holidays prescribed by this Award, provided- (i) payment for such sickness shall not exceed a total of one (1) month in each year;
Page 1 and 2: PROCLAMATION WESTERN AUSTRALIA, By
Page 3 and 4: 15 May, 1953.] GOVERNMENT GAZETTE,
Page 13 and 14: 15 May, 1953.1 Swan (West of Wannam
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Page 35 and 36: 15 May, 1953.] OVENMET GAZETTE, W.A
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