Timber Workers Award No. 36 of 1950

1. - TITLE

This award shall be known as the Timber Workers Award No. 36 of 1950 as amended and consolidated.

2. - ARRANGEMENT

1. Title2. Arrangement3. Area and Scope4. Definitions5. Contract of Service6. Probation7. Breakdowns8. Copy of Award9. Junior Employees10. Apprentices11. Holidays and Annual Leave12. Absence through Sickness13. Compassionate Leave14. Hours of Work15. Meal Breaks and Rest Periods16. Overtime17. Meal Money18. Shift Work19. Payment of Wages20. Record21. Right of Entry22. No Reduction23. Long Service Leave24. Tools to be Supplied25. Bush Employees26. Rents for Houses and Huts27. Sleeping Accommodation28. First Aid29. Notice Board30. Classification of Benches31. Sawyer to have Puller-Out32. Piecework33. Measuring Logs34. Out of Hours Watching Duties35. Special Rates and Conditions36. Board of Reference37. Maternity Leave38. Airconditioning39. Part Time Work40. Under-Rate Employees41. Dispute Settlement42. Traineeships43. Lower Grade Work44. Higher Grade Work45. Superannuation46. Enterprise Agreements47. Travelling48. Motor Allowance49. Redundancy

49A Notification of Change50. Consultative Mechanism51. Work Flexibility52. Rates of Pay

Appendix - Resolution of Disputes RequirementsSchedule 1 - Parties to the AwardSchedule 2 - Schedule of RespondentsAppendix - S.49B - Inspection Of Records Requirements

3. - AREA AND SCOPE

(1) This award shall apply to the Timber Industry as carried out in the South - West Land Division of Western Australia excluding the area within a radius of 45 kilometres of the General Post Office, Perth.

(2) This award shall also apply to the Woodchip Industry as carried out in the South - West Land Division of Western Australia excluding the area within a radius of 45 kilometres of the General Post Office, Perth, including all bush operations, transport of timber, processing, handling, transport and despatch of woodchips.

(3) Notwithstanding the provisions of subclause (2), this award shall not apply to Pine Hauliers Pty Ltd, Bunbury; R. & N. Palmer Pty Ltd, Bunbury and D. Cutts, Manjimup in respect of transport classifications only.

4. - DEFINITIONS

(1) "Adult Employee" means an employee over the age of nineteen years or an employee under that age who is in receipt of not less than the prescribed adult rate of wage.

(2) "Articulated Vehicle" means a vehicle with three or more axles, comprising a power unit (called tractor, prime-mover etc.) and semi-trailer which is superimposed on the power unit and coupled together by means of a kingpin revolving on a turn-table and is an articulated vehicle whether automatically detachable or permanently coupled, but this definition does not apply to 2 axle log loaders.

(3) "Double Articulated Vehicle" means an articulated vehicle towing one or more trailers.

(4) "Utility Person" means an employee who has not served an apprenticeship as a carpenter but who does carpentry work on buildings and maintains mills and mill housing.

(5) "Junior Employee" means an employee under the age of nineteen years, who is in receipt of less than the prescribed adult rate of wage.

(6) "Kiln Attendant" means an employee who attends and fires boilers and records temperatures in the process of the kiln operation.

(7) "Kiln Operator" means an employee who operates a drying kiln and is responsible for the temperature readings and records thereof.

(8) "Leading Hand" means an employee who has under his or her charge or control any person or persons, and who has been appointed by the employer to take such charge or control.

(9) "Setting Up Machine" means the fitting of machine heads or cutter blades to any machine engaged in the process of changing the profile or size of timber, resetting and adjusting the machine heads and checking the accuracy of the finished product by using gauges and measuring devices.

(10) "Main Docker" means the docker at which most timber is docked in a mill where there are two or more dockers. It shall also include the docker in a mill where one docker only is used. In a sawmill where

the breaking down bench feeds two dockers with approximately equal quantities of timber, the two dockers shall be rated as main dockers.

(11) "Mill or Yard Hand" means an adult employee who is employed upon work for which a wage rate is not elsewhere provided.

(12) "Millwright" means a tradesperson who constructs sawmills, installs machinery therein, and maintains such sawmill and machinery.

(13) "Responsible person at main docker" means either the person in-charge of the main docking saw or the person who keeps check of or tallies and grades timber cut at the saw.

(14) (i) "Saw Doctor" means a tradesperson employed in the hammering, grinding, re-tooling and tensioning of saws.

(ii) "Specialist Saw Doctor" means an employee who may be required to manufacture from blank ribbon steel band saws of varying widths and who punches teeth, grinds teeth, swages and sets, hard tips teeth, tensions and levels circular saws, grinds, sharpens and sets circular saws, maintains chain saw chains, hand saws and who when required, is responsible for the training of other employees.

(15) "Saw Filer" means an employee engaged in the gulleting, sharpening and setting of circular saws and handsaws and the swage shaping and sharpening of bandsaws.

(16) "Tallyperson" is an employee who, by grading and/or measuring and/or calculating quantities, keeps an account of timber, and does not include one who merely measures lengths of timber or merely counts timber by pieces.

(17) "Timber Grader" shall mean an adult employee who grades timber according to quality as per applicable grading rules.

(18) "Union" means the West Australian Timber Industry Industrial Union of Workers, South-West Land Division.

(19) "Casual Employee" is one who is engaged and paid as such and who shall be paid twenty per cent in addition to the ordinary rate of pay for the class of work performed.

(20) "Part Time Employee" is one who is employed on a regular basis for less than 38 hours per week.

(21) "Stacker" shall mean an adult employee who pulls timber from a conveyor for block stacking, who blocks stacks of timber after removal from a conveyor; stacks timber for seasoning by stripping or other means or who handles timber with a cross section over 25000mm2 with or without mechanical assistance.

(22) "Kiln Controller" means an employee who has had three years' experience in kiln drying and who has successfully completed the CSIRO course of kiln drying of timber and who supervises and carries out the whole of the work involved in the kiln seasoning of timber including the preparation of dry schedules and re-calculation of moisture content.

(23) "Specialist Millwright" means an employee who installs, repairs and maintains complex machinery and equipment which utilises hydraulic or pneumatic principles and who in the course of such work is required to read and understand hydraulic and pneumatic circuitry which controls fluid power systems.

5. - CONTRACT OF SERVICE

(1) Except in the case of a pieceworker or a casual employee the contract of service shall be by the week terminable by one week's notice by either party given on any working day, or by the payment or forfeiture, as the case may be, of one week's wages provided that such notice may be waived by the consent in writing of both parties.

(a) Where an employee terminates employment -

(i) without giving the notice referred to in subclause (1) of this clause; or

(ii) having given such notice, terminates before the notice expires;

will forfeit entitlement to any monies owing under this award except to the extent those monies exceed ordinary wages for the period of notice which should have been given.

(b) In a case to which paragraph (a) of this subclause applies -

(i) the contract of service shall, for the purpose of this award, be deemed to have terminated at the time at which the employee was last ready, willing and available for work during ordinary working hours under the contract; and

(ii) the provisions of subclause (2) of this clause shall be deemed to have been complied with if the employee pays to the employer, whether by forfeiture or otherwise, an amount equivalent to the employee's ordinary wages for the period of notice which should have been given.

(2) Subject to the provisions of this clause, a party to a contract of service may, on any day give to the other party, the appropriate period of notice of termination of the contract prescribed in subclause (1) of this clause and the contract terminates when that period expires.

(3) An employee shall not be entitled to payment for any time during which he/she is absent from his/her employment except as provided in Clause 11. Holidays and Annual Leave and Clause 12. - Absence Through Sickness of this award.

(4) The employer may at any time dismiss an employee without notice for conduct that justifies instant dismissal and an employee so dismissed shall be paid for the time worked up to the time of dismissal only.

(5) Casual employees:

(i) The period of termination in the case of a casual employee shall be one hour.

(ii) If the required notice of termination is not given one hour's wages shall be paid by the employer or forfeited by the employee.

6. - PROBATION

A probation period of four weeks from the date of commencement will apply to any person engaged to fill any full-time or part-time position. Notwithstanding any provisions contained in this award to the contrary, the contract of service of a person during that period may be terminated without notice by either party.

7. - BREAKDOWNS

(1) The employer may deduct payment for any day or portion of a day an employee (including an apprentice) cannot be usefully employed because of any strike by or participation in any strike by the union, by any branch of the union, or by any members or member of the union, employed by the employer, or because of any strike by or participation in any strike by any other union, branch of any other union, or members or member of any other union employed by the employer, or because of any breakdown of machinery or because of any other stoppage of work for any other cause for which the employer cannot be held responsible provided that no deduction shall be made for the first two hours of any such breakdown or other stoppage.

(2) So as to obviate as far as possible loss of time to the employee, all plant and machinery shall be kept in a reasonable state of repair by the employer, and every effort shall be made by him/her to ensure a constant supply of logs at the mill.

8. - COPY OF AWARD

A copy of this award shall be kept by each employer at each mill or area office in a position accessible to all employees.

9. - JUNIOR EMPLOYEES

(1) Persons under the age of nineteen years of age may be employed as junior employees to perform any duty other than the duties ordinarily performed by an apprentice in the course of training or by a person who has successfully completed the recognised period of training necessary to obtain a certificate of trade studies.

(2) A junior employee when employed in any classification doing work other than that covered by Timber Industry Employee - Group 1 as provided by Clause 52. - Rates of Pay subparagraph (1)(b)(i) of this award shall be paid the difference between the adult base rate for Group 1 and the adult base rate for the classification of the work being performed in addition to the rate shown in clause 52. - Rates of Pay subclause (5) Junior Employees of this award.

10. - APPRENTICES

Apprentices may be employed in accordance with the requirements of the Industrial Training Act 1975, General Apprenticeship Regulations 1978 and the Apprenticeship Training Regulations 1978.

11. - HOLIDAYS AND ANNUAL LEAVE

(1) (a) The following days, or the days observed in lieu shall, subject to Clause 16. - Overtime, be allowed as holidays without deduction of pay, namely - New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Foundation Day, Labour 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 this paragraph.

(b) When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday, the holiday shall be observed on the next succeeding Monday, and when Boxing Day falls on a Sunday or Monday, the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay, and the day for which it is substituted, shall not be a holiday.

(2) Payment shall be made for the said holidays subject to the condition that employees shall have presented themselves for work on the working days immediately preceding and succeeding the holidays specified herein and shall have worked during normal working hours as required by the employer: Any absence from duty on either or both of the days preceding or succeeding the holiday owing to illness or injury for which the employee produces a medical certificate from a medical practioner dated at the time of the absence or is absent by consent of the employer shall not render an employee ineligible for payment for the holiday.

(3) Except as hereinafter provided, a period of four weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to an employee by his/her employer, after each period of twelve months' continuous service with such employer.

(4) If after one month's continuous service in any qualifying period, an employee terminates employment, or employment is terminated by the employer, through no fault of the employee, the employee shall be

paid 2.923 hours' pay at their ordinary rate of wage in respect of each completed week of continuous service.

(5) By mutual consent of employees and their employer annual leave may be taken in up to three periods, no period of leave shall be less than one week.

(6) (a) Notwithstanding anything else herein contained, an employer who observes a close-down for the purpose of granting annual leave may require an employee to take his/her annual leave in up to three periods, but none of such periods shall be less than one week.

(b) Any dispute regarding the time at which any close-down is to be observed for the purpose of granting leave may be referred to a Board of Reference for determination.

(7) During a period of annual leave an employee shall receive a loading calculated on the rate of wage prescribed by Schedule 1 - Rates of Pay. The loading shall be as follows:

(a) Day Employees: Any employees who would have worked on day work had they not been on leave - a loading of 17½ per cent.

(b) Shift Employees: Any employees who would have worked on shift work had they not been on leave - a loading of 17½ per cent.

Provided that where employees would have received shift loadings prescribed by Clause 18. - Shift Work had they not been on leave during the relevant period and such loadings would have entitled them to a greater amount than the loading of 17½ per cent, then the shift loadings shall be added to the rate of wage prescribed by Schedule 1 - Rates of Pay.

Provided further, that if the shift loadings would have entitled them to a lesser amount than the loading of 17½ per cent then such loading of 17½ per cent shall be added to the rate of wage prescribed by Schedule 1 - Rates of Pay.

The loading prescribed by this subclause shall not apply to proportionate leave on termination.

Where an employee proceeds on annual leave before qualifying for such leave, the loading prescribed by this subclause shall not be paid at the time of taking such leave, but shall be paid when the employee has qualified for that leave.

(8) If any award holiday falls within an employee's period of annual leave and is observed on a day which in the case of the employee 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.

(9) Any time in respect of which employees are absent from work, except time for which they are 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 their right to annual leave.

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

(11) In addition to any payment to which they may be entitled under subclause (3) of this clause, employees whose employment terminates after they have completed a twelve monthly qualifying period and who have not been allowed the leave prescribed under this award in respect of that qualifying period shall be given payment in lieu of that leave or, in a case to which subclauses (4) or (5) of this clause apply, in lieu of so much of that leave as has not been allowed unless -

(a) they have been justifiably dismissed for misconduct; and

(b) the misconduct for which they have been dismissed occurred prior to the completion of that qualifying period.

(12) The provisions of this clause shall not apply to casual employees.

(13) Piecework employees whose holiday and annual leave pay is provided for under Clause 32. - Piecework shall not be entitled to pay in respect of any holidays or annual leave prescribed herein.

(14) Seven-Day shift Employees –

In addition to the leave hereinafter prescribed in sub-clause (2) of this clause seven-day shift employees, that is shift employees who are rostered to work regularly on shifts covering all the twenty four hours of Sundays and holidays, shall be allowed an additional seven consecutive days’ leave including non working days.

Where an employee within twelve months’ continuous service is engaged for part of the twelve monthly period as a seven-day shift employee, he/she shall be entitled to have the period of annual leave prescribed in sub-clause (2) hereof increased by one twelfth of a week for each month he/she is continuously engaged as aforesaid.

12. - ABSENCE THROUGH SICKNESS

(1) (a) An employee who is unable to attend or remain at his/her place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions.

(b) Entitlement to payment shall accrue at a rate of one sixth of a week for each completed month of service with the employer.

(c) If in the first or successive years of service with the employer an employee is absent on the ground of personal ill health or injury for a period longer than his/her entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service.

(2) The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service.

(3) To be entitled to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of his/her inability to attend for work, the nature of his/her illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence.

(4) The provisions of this clause do not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require provided that the employee shall not be required to produce a certificate from a medical practitioner with respect to absences of two days or less unless after two such absences in any year of service the employer requests in writing that the next and subsequent absences in that year if any, shall be accompanied by such certificate.

(5) (a) Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when he/she is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave.

(b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to his/her place of residence or a hospital as a result of his/her personal ill health or injury for a period of seven consecutive days or more and he/she produces a certificate from a registered medical practitioner that he/she was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if he/she is unable to attend for work on the working day next following his/her annual leave.

(c) Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time he/she proceeded on annual leave and shall not be made with respect to fractions of a day.

(d) Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 11. - Holidays and Annual Leave.

(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 11. - Holidays and Annual Leave shall be deemed to have been paid with respect to the replaced annual leave.

(6) Where a business has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in volume 59 of the Western Australian Industrial Gazette at pages 1-6, the paid sick leave standing to the credit of the employee at the date of transmission from service with the transmittor shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.

(7) The provisions of this clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Compensation and Assistance Act nor to employees whose injury or illness is the result of the employee's own misconduct.

(8) The provisions of this clause do not apply to casual employees.

13. - COMPASSIONATE LEAVE

(1) An employee shall, on the death within Australia of a wife, husband, father, mother, brother, sister, child or stepchild, be entitled on notice of leave up to and including the day of the funeral of such relation and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary working days. Proof of such death to be furnished by the employee to the satisfaction of his/her employer.

(2) For the purpose of this clause, the words "wife" and "husband" shall not include a wife or husband from whom the employee is separated, but shall include a person who lives with the employee as a de-facto wife or husband.

14. - HOURS OF WORK

(1) Notwithstanding anything else contained in this clause, the ordinary hours of work shall be mutually agreed between the majority of employees and the employer at any location but shall not exceed 152 hours in any 28 day cycle. Any such agreement must be notified to the Union at least seven days prior to implementation.

(2) Subject to subclause (4) of this clause the daily spread of working ordinary hours on any day shall be such as may be agreed upon between the employer and the majority of the employees concerned in any

business or sections thereof. In default of such agreement, such hours shall be worked within twelve consecutive hours between 6.00 am and 6.00pm Monday to Friday inclusive.

(3) Ordinary hours when worked on Saturday and Sunday shall be paid at the penalty rates prescribed in Clause 16. - Overtime subclauses (3) and (4).

(4) Subclause (2) hereof shall not apply to persons engaged for out of hours watching duties, guards, log yard attendants, log loaders and log haulers, tractor drivers, grader drivers, motor lorry drivers, mill greasers, mill cleaners and shift employees.

(5) Employees may accumulate R.D.O's to a maximum of ten provided this is mutually agreed with the employer.

(6) In the event of a dispute between the employer and the Union as to the reasonableness of the daily spread of hours for employees, such dispute may be referred to a Board of Reference for decision.

15. - MEAL BREAKS AND REST PERIODS

(1) Meal intervals shall not be less than thirty minutes, nor more than one hour, to be taken at mutually agreed times no earlier than four hours after the commencement of the shift and no later than six hours after the commencement of the shift.

(2) Subject to the provisions of this clause, a rest period of seven minutes from the time of ceasing to the time of resumption of work shall be allowed either each morning and afternoon or, in the case of a shift employee, in each of the first and second parts of the shift.

(3) Subject to the agreement of the majority of employees at any location or section thereof the second rest period may be dispensed with and the first rest period extended to fourteen minutes.

(4) The rest period shall be counted as time off without deduction of pay and shall be arranged at a time and in a manner to suit the convenience of the employer.

(5) The manner in which the rest periods are taken can be changed, at any location to optimise productivity and efficiency. Supervisors will be responsible for ensuring that each employee has a rest period whilst also ensuring that the work flow continues uninterrupted and that no productivity is lost.

(6) An employer who satisfies the Commission that any employee has breached any condition expressed or implied in this paragraph may be exempted from the liability to allow the rest period.

16. - OVERTIME

(1) All time worked outside the spread of hours mutually agreed by the employer and the majority of employees at any location shall be paid for as overtime at the rate of time and one half for the first two hours and double time thereafter.

(2) All time worked on the holidays prescribed in Clause 11. - Holidays and Annual Leave shall be paid at the rate of double time and one half with a minimum payment for two hours.

(3) All time worked by employees (except watchpersons) on Sundays, shall be paid at double time rates, with a minimum payment of two hours.

(4) All time worked by employees (except watchpersons) on Saturdays shall be paid at time and one half for the first two hours and double time thereafter, with a minimum payment of two hours.

(5) Any employee engaged in bush operations may accrue all or part of any overtime worked as a credit against any constraints applied by the Department of Conservation and Land Management during "moist soil" conditions. The method of payment will be as mutually agreed by the employee, or group of employees, and the employer at any location.

(6) All time worked by a person employed for out of hours watching duties in excess of 152 hours in a 28 day cycle shall be deemed to be overtime and paid for at the rate of time and one half for the first sixteen hours and double time thereafter.

(7) An employee who is regularly required to return to work outside ordinary hours, and where such work is performed in less than one hour and twenty minutes shall be paid for a minimum of two hours at ordinary time rates.

(8) When an employee is required for duty during the usual meal time, and his/her meal time is postponed for more than an hour, overtime rates shall be paid until the meal is taken.

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

(10) When an employee is recalled to work after leaving the job -

(a) a minimum of three hours at the overtime rates shall be paid;

(b) time reasonably spent in getting to and from work shall be counted as time worked.

(11) When an employee is required to hold himself/herself in readiness for a call to work after ordinary hours, he/she shall be paid at ordinary rates for the time he/she holds himself/herself in readiness.

(12) An employee shall not be compelled to work for more than five hours without a break for a meal. By mutual agreement between the employer and the majority of employees at any location or section thereof, six hours may be worked before a meal break is taken provided the first rest period is extended to fourteen minutes in accordance with Clause 15. - Meal Breaks and Rest Periods, subclause (3) of this award.

(13) (a) When overtime is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least eight consecutive hours off duty between the work of successive days.

(b) An employee (other than a casual employee) who works so much overtime between the termination of ordinary work on any one day and the commencement of ordinary work on the next day that at least eight consecutive hours off duty between those times have not been taken shall, subject to this subclause, be released after completion of such overtime until eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(c) If, on the instructions of the employer, such an employee resumes or continues work without having had such eight consecutive hours off duty, shall be paid at double rates until released from duty for such period and shall then be entitled to be absent until eight consecutive hours off duty without loss of pay have been taken.

(d) Where an employee (other than a casual employee) is called in to work on a public holiday preceding an ordinary working day, shall, wherever reasonably practicable, be given eight consecutive hours off duty before the usual starting time on the next day. If this is not practicable then the provisions of paragraphs (b) and (c) of this subclause shall apply mutatis mutandis.

(e) Overtime worked as a result of a recall shall not be regarded as overtime for the purpose of this subclause when the actual time worked is less than three hours on such recall or on each of such recalls.

(14) (a) The employer may require any employee to work reasonable overtime and such employee shall work overtime in accordance with such requirement.

(b) No Union or Association, party to this award, or employee or employees 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.

(15) Notwithstanding the provisions contained elsewhere in this clause where an employee has become entitled to an overtime payment pursuant to this clause, such payment or part thereof, may, by agreement between the employer and the employee be commuted to the equivalent hours of leave and deferred to be subsequently taken as leave in lieu of such payment.

17. - MEAL MONEY

(1) An employee required to work overtime for more than two hours Monday to Friday without being notified on the previous day or earlier of the requirement to work, shall be supplied with a meal by the employer or paid $7.10 for a meal.

(2) If the amount of overtime required to be worked necessitates a second or subsequent meal, the employer shall provide such meal(s) or pay an amount of $4.80 for each second or subsequent meal.

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

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

18. - SHIFT WORK

(1) Notwithstanding the provisions of Clause 14. – Hours of Work and Clause 16. – Overtime, the provisions of this clause apply to shift work whether continuous or otherwise. Ordinary hours as set out in Clause 14. - Hours of Work may be worked on any day of the week Monday to Sunday.

(2) An employer may work his/her establishment on shifts but before doing so shall give notice of his/her intention to the union or unions concerned and of the intended starting and finishing times of ordinary working hours of the respective shifts.

(3) Where three shifts are instituted on continuous shiftwork a paid meal break of twenty minutes shall be allowed in each of such shifts.

(4) Definitions

For the purpose of this clause:-

(a) AFTERNOON SHIFT means any shift finishing between 6.00pm and midnight.

(b) NIGHT SHIFT means any shift finishing between midnight and 8.00am.

(c) CONTINUOUS SHIFT means work carried on with consecutive shifts of men/women throughout the twenty four hours of at least six consecutive days without interruption except during breakdown or meal breaks or due to unavoidable delays beyond the control of the employer.

(d) CONTINUOUS SHIFT EMPLOYEE means an employee who normally works on Sundays and Holidays when so rostered.

(e) NON CONTINUOUS SHIFT EMPLOYEE means an employee who works at least five consecutive days of eight hours per shift exclusive of meal breaks and who does not normally work on Sundays or holidays.

(5) (a) where any particular process is carried out on shifts other than day shift, and less than five consecutive afternoon or five consecutive night shifts are worked on that process, then employees employed on such afternoon or night shift shall be paid at overtime rates.

Provided that where the ordinary hours of work normally worked in an establishment are worked on less than five days then the provisions of paragraph (a) shall be as if four consecutive shifts were substituted for five consecutive shifts.

(b) The sequence of work shall not be deemed to be broken under the preceding paragraph by reason of the fact that work on the process is not carried out on a Saturday or Sunday or any other day that the employer observes a shut down for the purpose of allowing a 38 hour week or on any holiday.

(6) Where a shift commences at or after 11.00pm on any day, with the exception of shift work commencing at or after 11.00pm on Friday and finishing on Saturday, the whole of that shift shall be deemed, for the purposes of this award, to have been worked on the following day.

(7) A shift employee when on afternoon or night shift shall be paid, for such shift fifteen per cent more than his/her ordinary rate prescribed by this award.

(8) (a) All work performed on a rostered shift, when the major portion of such shift falls on a Saturday, Sunday or a holiday, shall be paid for as follows –

Saturday - at the rate of time and one halfSunday - at the rate of time and three quartersHolidays - at the rate of double time.

These rates shall be paid in lieu of the shift allowances prescribed in subclause (7) of this clause.

(b) These rates shall be paid in lieu of the shift allowances prescribed in subclause (7) of this clause.

(9) A continuous shift employee who is not required to work on a holiday which falls on his/her rostered day off shall be allowed a day’s leave with pay to be added to annual leave or taken at some other time if the employee so agrees.

19. - PAYMENT OF WAGES

(1) (a) Actual 38 Ordinary Hours

In the case of any employee whose ordinary hours of work are arranged so that he/she works 38 hours each week, wages shall be paid weekly according to the actual hours worked each week.

(b) Average of 38 Ordinary Hours

Subject to sub-clauses (2) and (3) of this clause, in the case of an employee whose ordinary hours of work are arranged so that he/she works an average of 38 ordinary hours each week during a particular four week cycle, wages shall be paid weekly according to a weekly average of ordinary hours worked even though more or less than 38 ordinary hours may be worked in any particular week of the four week cycle.

(2) (a) An employee who is paid wages in accordance with paragraph (b) of sub-clause (1) hereof and is absent from duty (except for paid leave pursuant to Clause 12. - Holidays and Annual Leave, except annual leave, and Clause 13. - Absence Through Sickness)shall, for each day or part day he/she is so absent, lose the average pay "credit" of 0.4 hours for that day.

(b) Consequently, during the week of the work cycle he/she is to work less than 38 ordinary hours he/she will not be entitled to average pay for that week. In that week, the average paywill be reduced by the amount of the "credit" he/she does not accrue for each whole or part day during the work cycle he/she is absent.

(3) An alternative method of paying wages to that prescribed by (1) and (2) of this clause may be agreed between the employer and the majority of the employees concerned.

(4) (a) When an employee is dismissed (other than for misconduct) or lawfully terminates his/her service, he/she shall be paid all wages due to him/her before leaving the job unless that payment is prevented because of circumstances beyond the control of the employer. Otherwise all moneys due shall be posted on the next working day to the employee's last known address or such other address as may be nominated by the employee.

(b) In the case of an employee who is paid average pay and who has not taken the day off due to him/her during the work cycle in which his/her employment is terminated, the wages due to that employee shall include a total of credits accrued during the work cycle.

Provided further, where the employee has taken a day off during the work cycle in which his/her employment is terminated, the wages due to that employee shall be reduced by the total of credits which have not accrued during the work cycle.

(5) Wages shall be paid in the employee's time.

(6) Notwithstanding anything contained elsewhere in this clause an employer may effect the payment of wages to an employee by means of an electronic transfer of such wages directly to the account of the employee at any bank, building society or credit union nominated by that employee.

20. - RECORD

(1) The employer shall keep a time and wages record wherein shall be entered:-

(a) The name and address of each employee;

(b) The date of birth of junior employees;

(c) The nature and place of his/her employment;

(d) The time he/she commences and finishes work each day;

(e) The total hours worked each day and each week;

(f) The wages (and overtime if any) received therefore.

(2) Each employer shall keep an accurate record of all contributions made to an approved superannuation fund as provided by Clause 45. - Superannuation.

(3) The record shall be open for inspection by a duly accredited official of the union during the ordinary office hours, at the employer's office or other convenient place or time and he/she shall be allowed to take extracts therefrom. Before exercising a power of inspection the representative shall give reasonable notice of not less than 24 hours to the employer.

(4) Any system of automatic recording by means of machine shall be deemed a compliance with this clause, to the extent of the information recorded.

21. - RIGHT OF ENTRY

Consistent with the terms of the Labour Relations Legislation Amendment Act 1997 and S.23(3)(c)(iii) of the Industrial Relations Act a representative of the Union shall not exercise the rights under this clause with respect to entering any part of the premises of the employer unless the employer is the employer, or former employer of a member of the Union.

On notifying the employer or his/her representative, the Secretary or any authorised Officer of the Union -

(1) Shall have the right to visit and inspect any job at any time when work is being carried on, whether during or outside the ordinary working hours, and in connection with that inspection to interview any employee covered by this award provided that he/she does not unduly interfere with the work in progress.

(2) Shall be permitted to interview an employee during the recognised meal hour on the business premises of the employer at the place at which the meal is taken but this permission shall not be exercised without the consent of the employer more than once in any one week.

22. - NO REDUCTION

This award shall not in itself operate to reduce the wages of any employee who is at present receiving more than the minimum rate prescribed herein for his/her class of work.

23. - LONG SERVICE LEAVE

The long service leave provisions set out in Volume 59 of the "Western Australian Industrial Gazette" at pages 1 to 6 inclusive are hereby incorporated in and shall be deemed to be part of this award.

24. - TOOLS TO BE SUPPLIED

Employees other than carpenters and joiners, millwrights, bush carpenters and pieceworkers shall be supplied by the employer with all necessary tools, implements and plant.

25. - BUSH EMPLOYEES

(1) Employees engaged in bush operations shall be supplied with suitable transport by the employer, or paid an allowance in lieu as agreed between the employer and employee concerned, or in default of agreement by a Board of Reference. All vehicles supplied shall be equipped with suitable first aid equipment and suitable seating and protective covering from the weather.

(2) Travelling time one way for bush employees shall be allowed for as time worked in the ordinary hours of work each day.

26. - RENTS FOR HOUSES AND HUTS

(1) The employer may charge such rents for the use and occupation of the huts or houses owned or controlled by him/her as may be agreed upon by the employer, the employee and the union and, in default of agreement, such rent as the Board of Reference may think fit and reasonable.

(2) In determining what is a reasonable and fair rental the Board of Reference shall -

(a) First ascertain the capital value of the building. Such capital value shall be the actual cost to the employer of the building.

(b) From the capital value so assessed there shall be deducted such amount as shall be estimated to equal the depreciation in actual value of the building, in so far as such depreciation

diminishes the letting value; provided that the depreciation shall not be assessed as an amount exceeding three per centum per annum.

(3) The reasonable and fair rental shall be deemed to be not more than the total for the following items:-

(a) The percentage on the capital value at the rate of nine per centum per annum.

(b) The amount of the rates and taxes.

(c) The amount estimated to be required annually for repairs, including painting, maintenance and renewal (not exceeding the average amount expended for repairs during the last preceding five years), where the house has been so long erected.

(d) The cost of insurance.

(e) Any other cost, charge or outgoing considered by the Board of Reference to be fair and/or reasonable.

(4) The amounts ascertained above shall be reduced to a weekly basis.

27. - SLEEPING ACCOMMODATION

Where the employer provides houses or huts for the use and occupation of his/her employees at a bush mill or camp, or in the bush, the following provisions shall apply:-

(1) No room shall have floor space less than 3.05 metres by 3.66 metres. This requirement shall not apply to existing buildings having a floor space of not less than 3.05 metres by 2.44 metres, which have been approved by the Union, or which, in cases where there has been no approval by the Union, have been or are approved by the Board of Reference.

(2) No room shall have a height of less than 2.44 metres but this shall not apply to existing buildings the rooms of which have a height of not less than 2.13 metres.

28. - FIRST AID

(1) An employer shall endeavour to have at least one employee trained to render first aid in attendance when work is performed at any establishment or location.

(2) In each workshop, and at other places where employees are regularly employed, the employer shall provide and continuously maintain an efficient first aid outfit at a place or places reasonably accessible to all employees.

(3) An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or asimilar body, shall be paid a weekly allowance of $7.10 if he/she is appointed by his/her employer to perform first aid duty.

29. - NOTICE BOARD

Each mill or area office shall have provided in an area accessible to all employees concerned, and protected from weather conditions, a notice board of a minimum 2 metres wide by 1 metre high.

30. - CLASSIFICATION OF BENCHES

(1) A breaking-down saw is the main sawing unit reducing a log to initial sawn form and includes:

(a) Sawing to a pre-determined dimension with a fully mechanized unit.

(b) Sawing to a pre-determined dimension without fully mechanized unit.

(2) A No. 1 bench shall -

(a) where more than one bench is fed directly from the breaking down saw and each of those benches is identical and, in the main, is engaged on the same work, mean each of such benches; or

(b) where more than one bench is fed directly from the breaking down saw and each of those benches is not identical or, in the main, is not engaged on the same work, mean the bench where, in the main, the timber handled is larger in size.

(3) A No. 2 bench shall mean any bench, or a "recovery bench" within subclause (4) of this clause, or a "picket bench" within subclause (5) of this clause, which -

(a) is fed directly from a No. 1 bench or

(b) is fed directly from the breaking down saw, where in the main, the timber handled is smaller in size than that handled by another bench fed directly from that saw and which is classified as a No. 1 bench.

(4) A No. 3 bench shall mean any bench, other than a picket bench within subclause (5) of this clause, which -

(a) is fed directly from a No. 2 bench; or

(b) is engaged, in the main, on "recovery" whether fed from a No. 1 bench or a No. 2 bench.

(5) A No. 4 bench shall mean a bench on which timber is cut into pickets, laths, droppers, palings, staves or other small sizes which small sizes do not exceed 75 mm x 38 mm x 2.70 metres or the equivalent in section by 2.70 metres.

(6) For the purposes of subclause (3) and subclause (4) of this clause -

(a) a "recovery bench" means a bench whose output, in the main, consists of stock sizes or scantlings and boards produced from the residue of the main production benches, and

(b) "recovery" means the production of stock sizes of timber from the residue of the main production benches.

(7) Where in any mill the work on a bench is such that the union or the employer considers it should be classified other than in accordance with the foregoing the union or the employer, as the case may be, shall give notice to that effect and the classification of that bench shall be as may be agreed upon or, in default of agreement, as shall be determined by the Board of Reference.

(8) Each mill shall have exhibited in some prominent place on its premises where it may be conveniently inspected a notice showing the name, designation, or description of each saw bench, and opposite thereto in a separate column the classification of same for the time being and a third column the number of the item in the wages schedule under which payment is made.

31. - SAWYER TO HAVE PULLER-OUT

No sawyer shall work a running-out saw bench cutting 1.83 metres in length or over without having a puller-out engaged. No sawyer shall be employed to work any bench when cutting over 5.49 metres in length unless two pullers -out are engaged. The foregoing shall not apply in cases where special appliances are provided on small benches for taking timber away from the saw after it is cut.

32. - PIECEWORK

(1) An employer may make a contract with an employee or a group of employees for payment by results by piecework.

(2) Any dispute between an employer and the employees or group of employees or between the employer and the Union concerning any matter relating to payment by results shall, in default of agreement between the employer and the employees or the employer and the Union, be referred to a Board of Reference for determination.

(3) (a) When entering into a contract for piecework the rate of payment shall be fixed on the basis that it shall be sufficient to yield to an employee of average capacity over a period of three months, if the contract were to be of that duration in the locality specified, for a full week's work of the ordinary hours as prescribed in Clause 14. - Hours of Work for day employees thirty per cent or more above the minimum time rate of pay as prescribed herein for such week's work plus allowances, if any, to which there is an entitlement pursuant to Clause 35. - Special Rates and Conditions and Clause 25. - Bush Employees.

Example: Piecework faller - $Rate of pay 394.20Thirty per cent (minimum) 131.40

-----------524.60

Plus the allowance for power saw fixed pursuant to Clause 35. - Special Rates and Conditions and any allowance payable pursuant to Clause 25. - Bush Employees.

(b) In addition to the rate of payment fixed under paragraph (a) hereof any employee or group of employees with whom a contract for piecework is made shall be paid time rates of pay for any day observed as a holiday pursuant to subclause (1) of Clause 11. - Holidays and Annual Leave, for any annual leave due pursuant to that clause, for any absence through a sickness pursuant to Clause 12. - Absence through Sickness, for compassionate leave pursuant to Clause 13. - Compassionate Leave and for long service leave pursuant to Clause 23. - Long Service Leave.

(4) Where any contract for piecework made before the 1st day of January 1978 contains an allowance for holidays and annual leave then that contract may continue but for each pay week or pay fortnight, as the case may be after the 1st day of January 1978 the employer shall deduct from the earnings of each pieceworker an amount equivalent to one-twelfth of those earnings which amount as accrued shall be paid to the pieceworker when he/she next proceeds on annual leave or when his/her employment is terminated either by the employee or the employer in circumstances which would entitle a time employee to payment under the provisions of Clause 11. - Holidays and Annual Leave.

(5) Where a contract for piecework made before the 1st day of January 1978 does not contain an allowance for holidays and annual leave or equivalent pay, an employer shall grant to any pieceworker in his/her service paid holidays and annual leave equivalent to those granted to time employees in accordance with Clause 11. - Holidays and Annual Leave. Such holidays and annual leave when taken out shall be paid for at the day work rates prevailing when the holidays and annual leave are taken. Where the term of service is less than twelve months, holidays and annual leave for pieceworkers shall be assessed and paid for pro-rata.

(6) A contract for piecework shall be reviewed at the end of each three monthly period from the date of the contract.

(7) Where an employee works part of a week at piecework rates and part at time rates, he/she shall be paid so much as he/she is entitled to receive under piecework rates for the amount of work done, and, in addition hereto, such proportionate amount at time rates of pay as prescribed in this award for the portion of the week worked at time rates. In the latter case, the rate of pay shall include such amount, if any, apportioned pro-rata if necessary to which he/she would be entitled under Clause 35. - Special Rates and Conditions and Clause 25. - Bush Employees.

(8) An employee working under any system of payment by results shall receive or be credited with at least the time rate of pay apportioned if necessary. Notwithstanding anything elsewhere in this award contained when any question arises as to whether any pieceworker has received the time rate of pay, the total payment received during the past three months, or during the duration of the contract for piecework, whichever period is the shorter, shall be averaged.

(9) Any time occupied by a piecework faller in the performance of such work as sharpening saws and axes, and which is usually performed by a time employee during working hours, shall be taken into consideration when fixing the piecework rates.

(10) Time occupied by a pieceworker proceeding to and from the working place when such is situated beyond 2.4 kilometres or one-half hour's travelling from the camp or mill shall be taken into consideration as time worked in fixing piecework rates. Walking time, if any, shall be calculated on the basis of twenty minutes for each 1.6 kilometre, both going to and returning from work, between the 2.4 kilometres or one-half hour travelling point and the working place. If not included when fixing rates for piecework, it shall be paid to the employee as part of the wages.

(11) A contract for piecework may be terminated at any time by either the employer or the employee, in which case payment shall be made for the work done up to date, subject to the provisions of subclause (8) of this clause. In the case of wages, payment shall be made within two hours of application, at the office of the employer, and, in cases where piecework earnings have to be calculated within two days.

(12) Each contract for piecework in force at the date of this order shall continue to operate in accordance with its terms until altered or revised pursuant to the provisions of this clause.

33. - MEASURING LOGS

(1) All logs felled at piecework rates shall be measured at the mill landing. Particulars of the logs so measured shall be given to the pieceworker at least once a fortnight, unless otherwise agreed upon by the employer and the employee, and such particulars shall set out the name of the mill supplied, the name or names of the employees, the date, the brand, the length, the girth and the cubic measurement of such logs.

(2) Subject to the provisions of Clause 19. - Payment of Wages all logs felled shall be paid for in the next fortnightly pay following that in which the logs were felled.

(3) All logs felled shall be reasonably prepared for measuring.

34. - OUT OF HOURS WATCHING DUTIES

An employee other than a watchperson who carries out watching duties out of hours shall be paid at the rate of twenty-five per cent in addition to the ordinary rate of pay for a Watchperson.

35. - SPECIAL RATES AND CONDITIONS

(1) The following classes of employees supplying their own tools (except dogs and cramps of all descriptions, augers of all sizes, bits not normally used in a brace, and all hammers except claw hammers, all of which shall be supplied by the employer), shall receive the following tool allowance:-

(a) Millwright - $4.40 per week

(b) Utility person - $3.40 per week

(2) Fallers engaged on day work who, with the concurrence of the employer supply, operate and maintain their own power-saw shall be paid and allowance for such power-saw as may be mutually agreed upon

between the employer and the fallers. Provided that in the event of no agreement being reached, the matter may be referred to a Board of Reference for determination.

(3) (a) Employees required to work during inclement weather shall be provided with suitable protective clothing.

(b) Employees required to work in slush or muddy conditions shall be provided with waterproof protective boots while so employed.

(c) Head protective helmets shall be supplied by the employer where deemed necessary.

(d) An employee who is required to handle poles or timber whilst wet after impregnation or immunization shall be supplied by the employer with suitable protective clothing and gloves.

(e) The employer may deduct from the pay of any employee to whom a head protective helmet or protective clothing has been supplied the cost of such articles as are not returned in good condition, fair wear and tear excepted, on demand by the employer.

(f) Employees required to work in a place where the temperature has been raised by artificial means to between forty six degrees and fifty four degrees celsius shall be paid twenty four cents per hour or part thereof in addition to the rates otherwise prescribed or in excess of fifty four degrees celsius shall be paid thirty cents per hour or part thereof in addition to the said rates.

Where such work continues for more than two hours, the employee shall be entitled to a rest period of twenty minutes after every two hours work without loss of pay, not including the special rate prescribed above.

(g) All safety or protective equipment required by the Occupational Health Safety and Welfare Act 1984 shall be provided by the employer.

(4) All ordinary hours of work performed by watchpersons on Saturday shall be paid at the rate of twenty five per cent extra, and all such hours on Sundays at the rate of fifty per cent extra.

(5) Disability Allowance

Employees shall be paid an allowance in accordance with the following -

(a) Employees employed in bush or logging operations (other than log truck drivers) - at the rate of $12.88 per week.

(b) Employees employed in or in the immediate vicinity of sawmills, and log truck drivers - at the rate of $8.44 per week.

(c) The allowance shall be paid during overtime but shall not be subject to penalty additions.

(6) Any dispute relating to the disability allowances in subclause (5) shall be determined by a Board of Reference.

36. - BOARD OF REFERENCE

(1) The Commission hereby appoints, for the purposes of this award, a Board of Reference consisting of a Chairperson and two other members who shall be appointed pursuant to section 48 of the Industrial Arbitration Act, 1979.

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

37. - MATERNITY LEAVE

(1) Eligibility for Maternity Leave

An employee who becomes pregnant shall, upon production to her employer of a certificate from a duly qualified medical practitioner stating the presumed date of her confinement, be entitled to maternity leave provided that she has not less than 12 months' continuous service with that employer immediately preceding the date upon which she proceeds upon such leave.

For the purposes of the clause:

(a) An employee shall include a part time employee but shall not include an employee engaged upon casual or seasonal work.

(b) Maternity leave shall mean unpaid maternity leave.

(2) Period of Leave and Commencement of Leave

(a) Subject to subclause (3) and (6) hereof, the period of maternity leave shall be for an unbroken period of from 12 to 52 weeks and shall include a period of six weeks' compulsory leave to be taken immediately before the presumed date of confinement and a period of six weeks' compulsory leave to be taken immediately following confinement.

(b) An employee shall, not less than 10 weeks prior to the presumed date of confinement, give notice in writing to her employer stating the presumed date of confinement.

(c) An employee shall give not less than four weeks' notice in writing to her employer of the date upon which she proposes to commence maternity leave, stating the period of leave to be taken.

(d) An employee shall not be in breach of this order as a consequence of failure to give the stipulated period of notice in accordance with paragraph (c) hereof if such failure is occasioned by the confinement occurring earlier than the presumed date.

(3) Transfer to a Safe Job

Where in the opinion of a duly qualified medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the employer deems it practicable, be transferred to a safe job at the commencement of maternity leave.

If the transfer to a safe job is not practicable the employee may, or the employer may require the employee to, take leave for such period as is certified necessary by a duly qualified medical practitioner. Such leave shall be treated as maternity leave for the purposes of subclauses (7), (8), (9) and (10) hereof.

(4) Variation of Period of Maternity Leave

(a) Provided the addition does not extend the maternity leave beyond 52 weeks, the period may be lengthened once only, save with the agreement of her employer, by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be lengthened.

(b) The period of leave may, with the consent of the employer, be shortened by the employee giving not less than 14 days' notice in writing stating the period by which the leave is to be shortened.

(5) Cancellation of Maternity Leave

(a) Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child.

(b) Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the employer which shall not exceed four weeks from the date of notice in writing by the employee to the employer that she desires to resume work.

(6) Special Maternity Leave and Sick Leave

(a) Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then -

(i) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, or

(ii) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a duly qualified medical practitioner certifies as necessary before her return to work.

(b) Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a duly qualified medical practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed 52 weeks.

(c) For the purposes of subclauses (7), (8) and (9) hereof, maternity leave shall include special maternity leave.

(d) An employee returning to work after the completion of a period of leave taken pursuant to this subclause shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3) to the position she held immediately before such transfer.

Where such position no longer exists but there are other positions available, for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position.

(7) Maternity Leave and Other Leave Entitlements

Provided the aggregate of leave including leave taken pursuant to subclauses (3) and (6) hereof does not exceed 52 weeks:

(a) An employee may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is then entitled.

(b) Paid sick leave or other paid authorised award absences (excluding annual leave or long service leave), shall not be available to an employee during her absence on maternity leave.

(8) Effect of Maternity Leave on Employment

Notwithstanding any award or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of the award.

(9) Termination of Employment

(a) An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this award.

(b) An Employer shall not terminate the employment of an employee on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of an employer in relation to termination of employment are not hereby affected.

(10) Return to Work After Maternity Leave

(a) An employee shall confirm her intention of returning to work by notice in writing to the employer given not less than four weeks prior to the expiration of her period of maternity leave.

(b) An employee, upon the expiration of the notice required by paragraph (a) hereof, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to subclause (3), to the position which she held immediately before such transfer. Where such position no longer exists but there are other positions available for which the employee is qualified and the duties of which she is capable of performing, she shall be entitled to a position as nearly comparable in status and salary or wage to that of her former position.

(11) Replacement Employees

(a) A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave.

(b) Before an employer engages a replacement employee under this subclause, the employer shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

(c) Before an employer engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this clause, the employer shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced.

(d) Providing that nothing in this subclause shall be construed as requiring an employer to engage a replacement employee.

(e) A replacement employee shall not be entitled to any of the rights conferred by this clause except where her employment of that employee continues beyond the twelve months qualifying period.

38. - AIRCONDITIONING

(1) Subject to the exclusions contained in subclause (3) of this clause, where the employer commences to lease or renew a lease or first purchase motor vehicle after November 1, 1984, for use by an employee working under the terms of this award, such motor vehicle shall be fitted with and continue to be fitted with a refrigerated air conditioning unit in reasonable working order.

(2) Subject to the exclusions contained in subclause (3) of this clause, where the employer commenced to lease or renewed a lease or first purchased a motor vehicle before November 1, 1984, for use by an employee working under the terms of this award, such motor vehicle shall be fitted with a refrigerated air conditioning unit in reasonable operating order before November 1, 1985.

(3) Provided that subclauses (1) and (2) of this clause shall not apply:-

(a) if the employer, the employee and the union mutually agree in writing that an air conditioning unit should not be provided in respect of a particular vehicle. A copy of any such agreement shall be provided to the employer, the employee and the union;

(b) to an employer in respect to an employee using a motor vehicle where such employee works solely outside of the summer months of the year;

(c) to an employer in respect to an employee using a motor vehicle in any sector of Western Australia south of the 26th parallel of latitude in respect of which the provision of an air conditioning unit is mutually agreed in writing between the employer, the employee and the union to be inappropriate. Where no agreement is reached the matter shall be determined by the Commission;

(d) to an employer in respect to an employee using a motor vehicle in any sector of Western Australia south of the 26th parallel of latitude where the nature of deliveries in the industry involves a substantial number of short duration stops which significantly affect the capability of an air conditioning unit in reducing the heat disability. This exclusion applies to van driver/salesperson of all descriptions and small order deliveries and pickups of all descriptions. Any dispute as to the application of this paragraph shall be determined by the Commission.

(e) to an employer in respect to an employee using the following vehicles; log skidders, boom arm loaders and any other vehicle involved in the transportation of logs from the timber falling operation to the bush landing. In addition air conditioning units shall be excluded from all vehicles used at mill locations for the purposes of moving logs, timber or timber products within the confines of the mill operation.

39. - PART TIME WORK

(1) A part time employee may be engaged to work for a constant number of hours each week which, having regard to the various ways of arranging ordinary hours, shall average less than 38 hours per week.

(2) An employee engaged pursuant to subclause (1) hereof shall be paid per hour one thirty-eighth of the weekly wage prescribed for the classification in which the employee is engaged.

(3) An employee engaged on a part time basis shall be entitled to payment for annual leave, holidays, absences through sickness, compassionate leave and overtime prescribed by this award in accordance with this clause.

(a) Annual Leave:

Where subclause (3) of Clause 11. - Holidays and Annual Leave is applicable to the circumstances of a part time employee that employee shall, notwithstanding the terms of the aforementioned subclause, be paid 2.923 hours' pay at the ordinary rate of wage in respect of each cumulative period of 38 ordinary hours worked during the qualifying period referred to therein.

(b) Holidays:

A part time employee shall be allowed the holidays prescribed in subclause (1) of Clause 11. - Holidays and Annual Leave without deduction of pay for the rostered ordinary hours that would have been worked by the part time employee on each such day had it not been observed as a holiday.

(c) Absence Through Sickness:

Notwithstanding paragraph (b) of subclause (1) of Clause 12. - Absence Through Sickness, the entitlement of a part time employee to a payment pursuant to paragraph (a) of that subclause shall accrue at the rate of one-sixth of the average number of ordinary hours worked each week by the employee within the first twenty-eight days of each completed month of service with the employer.

(d) Compassionate Leave:

Notwithstanding subclause (1) of Clause 13. - Compassionate Leave where a part time employee would normally work ordinary hours on either or both of the two working days following the death of a relative listed in the aforementioned subclause the employee shall, on notice to the employer, be entitled to be absent on leave on either or both of those two working days without deduction of pay for the ordinary hours occurring thereon.

(e) Overtime:

Notwithstanding subclause (1) of Clause 16. - Overtime, all time worked by a part time employee outside the spread of hours prescribed in Clause 14. - Hours of Work, or in excess of the ordinary daily or shift number of hours fixed under the contract of employment shall be paid for as overtime at the rates prescribed in the aforementioned subclause.

40. - UNDER-RATE EMPLOYEES

(1) Any employee 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 employer, the employee and the Union.

(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 employee shall be entitled to work for and be employed at the proposed lesser rate.

41. - DISPUTE SETTLEMENT

(1) In the event of any proposed change in employment conditions or terms of this award, or in the event of any dispute arising, the parties will consult together to reach a settlement.

(2) The principle of conciliation and direct negotiation shall be adopted for the purpose of prevention and settlement of any industrial dispute that may arise.

(3) The parties shall take an early and active part in discussions and negotiations aimed at preventing or settling disputes in accordance with the agreed procedure set out hereunder.

(4) Any dispute shall be resolved in the following sequence:

(a) The employee and the employee's supervisor shall confer, clearly identify the facts, and where possible resolve the issue.

(b) Discussions involving the employee/s concerned, the shop steward and the employer representatives.

(c) Discussions involving union representatives and senior management representatives.

(d) If the matter is still not settled it shall be referred to the Western Australian Industrial Relations Commission for resolution.

(5) Until the matter is resolved in accordance with the above procedure, work shall continue normally. While the above procedure is being followed no party shall be prejudiced as to the final settlement by the continuation of work in accordance with the clause.

(6) All parties to the award, the employers and their officials, the union and its members, will take all possible action to settle any dispute within reasonable time. At least 7 days should be allowed for all stages of discussions to be finalised.

(7) If the matter is still not settled it may be referred to the Western Australian Industrial Relations Commission for assistance.

(8) This clause shall not prevent any party to a dispute from making application to the Western Australian Industrial Relations Commission.

42. - TRAINEESHIPS

(1) Scope

This clause shall apply to a trainee employed under the Australian Traineeship System by an employer approved by the State Management Committee.

(2) Definition

For the purposes of this clause -

The "Australian Traineeship System" means a structured system of on the job training with an employer and off the job training in a Technical and Further Education College or other training provider approved by the State Management Committee.

"Trainee" means an employee engaged under the terms of this award and in accordance with the provisions of an Australian traineeship established pursuant to Section 37D of the Industrial and Commercial Training Act 1975 and approved by the State Management Committee.

"Traineeship Scheme" is a formal agreement of training approved by the State Management Committee and registered pursuant to Section 37D of the Industrial and Commercial Training Act 1975.

"State Management Committee" means a Committee comprising representatives from the Confederation of Western Australian Industry, the Trades and Labor Council of Western Australia, Technical and Further Education (TAFE) and the relevant Federal and State Government Departments which approve traineeship arrangements by agreement of each of the parties. The State Management Committee may be established pursuant to the provisions of the Industrial and Commercial Training Act 1975 or any amendments to or substitution of that Act, provided that any Committee or body established in lieu of the State Management Committee has the same representatives structure and decision making processes as that Committee.

(3) Objective

(a) The object of this clause is to provide the form and substance of the conditions of employment, including the rates of pay, applicable to persons engaged under the Australian Traineeship System (ATS) and who, being a trainee under that system, is covered by this award.

(b) An objective of that Australian Traineeship System is to provide employment and training opportunities for young people so as to enhance their skill levels and future employment prospects.

(4) Form of Traineeship Agreement

(a) A traineeship shall be entered into by means of written agreement in a form approved by the State Management Committee and registered in accordance with the provision of the Industrial and Commercial Training Act, 1975.

(b) A trainee shall not be engaged on a part-time or casual basis.

(c) The Traineeship Scheme shall be for a minimum period of 12 months but this period may be varied with the agreement of the Union and the employer and with the approval of the State Management Committee.

(5) Duties and Responsibilities

(a) A trainee shall participate in the approved on-the-job training scheme and attend the approved off-the-job training as prescribed in the training system.

(b) An employer shall release a trainee from work to attend the prescribed off-the-job training course and shall provide the on-the-job training approved by the State Management Committee.

(c) The employer shall provide the level of supervision in accordance with the approved training scheme during the traineeship period.

(d) (i) The overall Traineeship Scheme will be monitored by officers of the Department of Employment and Training.

(ii) An accredited representative of the Union shall have access during ordinary working hours to inspect the relevant training records and work books and subject to the approval of the employer, which shall not be unreasonably withheld, may interview a trainee with respect to his/her progress in the Scheme.

(e) An employer shall not, as a consequence of engaging a trainee pursuant to the provisions of this clause, terminate or otherwise prejudice the employment of any full-time employee of that employer.

(6) Overtime and Shift Work

Overtime and shift work shall not be worked by trainees except to enable the requirements of the training scheme to be effected. When overtime and shift work are worked the relevant penalties and allowances of the award based on the trainee wage will apply. No trainee shall work overtime or shift work on their own.

(7) Wage Rates

The weekly wage payable to a trainee shall be determined by multiplying the appropriate rate of pay prescribed in the award by 39 which represents actual weeks spent on the job and dividing that sum by 52 to provide a weekly wage. The rate determined shall in no case be less than $108.35.

43. - LOWER GRADE WORK

An employee shall be entitled to seven days' notice of transfer to a grade of work carrying a lower minimum rate of wage than that at which he or she is usually employed, and shall be paid at the higher rate during the seven days comprising such notice.

44. - HIGHER GRADE WORK

(1) Subject as hereinafter provided, where an employee is engaged on higher grade work, he or she shall be paid the rate prescribed for such higher grade work during the time so engaged, provided that if engaged on such higher grade work for more than two hours, he or she shall be paid the higher rate for the whole day.

(2) Where an employee regularly performs duties covered by more than one classification, he or she shall be paid the rate applicable to the highest of those classifications.

45. - SUPERANNUATION

(1) Definitions

(a) “Complying Superannuation Fund” means

(i) the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and

(ii) under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme.

(b) “Eligible Employee” means an employee who is entitled to receive an employer superannuation contribution pursuant to the Superannuation Guarantee (Administration) Act 1992.

(c) “Ordinary Time Earnings” means the base classification rate, including supplementary payments where appropriate, leading hand rates, shift penalties together with any other all purpose allowance or penalty payment for work in ordinary time and shall include in respect to casual employees the appropriate casual loadings prescribed by this award, but shall exclude any payment for overtime worked, vehicle allowances, fares or travelling time allowances (including payments made for travelling relating to distant work), commission or bonus as well as:-

(i) periods of unpaid leave or unauthorised absences; or

(ii) annual leave or any other payments paid out on termination.

(2) Contributions

(a) The employer shall pay contributions to the complying superannuation fund determined under subclause (3) Fund, on behalf of each eligible employee, as follows:

Financial Year Employer Superannuation Contribution (% of Ordinary

Time Earnings)1997/1998 61998/1999 71999/2000 72000/2001 82001/2002 82002/2003 9

(b) employer contributions shall be paid on a monthly basis.

(3) Fund

(a) The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee.

(b) The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable.

(c) A nomination or notification of the type referred to in paragraphs (a) and (b) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;

(d) The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made.

(e) The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by a employee.

(f) Provided that until an employee nominates a complying superannuation fund or scheme, the employer shall make any required employee contributions to a complying superannuation fund or scheme nominated by the employer.

46. - ENTERPRISE AGREEMENTS

(1) Employers and employees at an enterprise, worksite or section thereof may reach agreement to provide for more flexible working arrangements. Where an Enterprise Agreement involves a departure from the provisions of the award it shall be submitted to The Western Australian Industrial Relations Commission for ratification.

(2) An Enterprise Agreement shall not reduce the minimum rates of wages payable as prescribed in Schedule 1. - Rates of Pay.

(3) An Enterprise Agreement shall only be made where an employer and the majority of employees at the individual enterprise, worksite or section thereof genuinely consent to the agreement. An Enterprise Agreement shall be made in writing.

(4) An Enterprise Agreement may be varied only with the consent of the employer and majority of employees at the enterprise, worksite or section thereof, and where the agreement has been submitted to the Commission for ratification, application for its variation shall be made to the Commission.

(5) An Enterprise Agreement may be terminated by either the employer or the majority of employees giving each to the other three months' notice, and the lodgement either by the employer or the majority of employees of notice to that effect with the Commission, and the Enterprise Agreement shall cease at the expiration of that period of notice.

(6) The Union shall be involved in the establishment of an Enterprise Agreement and shall not unreasonably oppose its establishment, variation or ratification.

47. - TRAVELLING

An employee who on any day or from day to day is required to work at a job away from his/her usual workplace shall at the direction of his/her employer present himself/herself for work at such workplace at the usual starting time. All time reasonably spent in reaching and returning from such workplace (in excess of the time normally spent in travelling from his/her home to such workplace and returning) he/she shall be paid at single time rates up to a maximum of eight hours, and also any fares reasonably incurred in excess of those normally incurred in travelling between his/her home and such workplace.

An employee who with the approval of his/her employer uses his/her own means of transport for travelling to or from outside his/her normal workplace shall be paid an allowance as agreed between the employer and employee concerned, or in default of agreement, by a Board of Reference.

Employees engaged in bush operations shall be excluded from the provisions of this clause.

48. - MOTOR ALLOWANCE

An employee who by agreement with the employer uses his/her own motor vehicle on the employer's business shall be paid an allowance as agreed between the employer and employee concerned, or in default of agreement, by a Board of Reference.

49. - REDUNDANCY

(1) Redundancy pay

In addition to the period of notice prescribed for ordinary termination an employee who is terminated because the employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision will lead to the termination of employment, the employer shall pay the following amount of redundancy pay in respect of a continuous period of service (to a maximum of 20 weeks' pay) to each full-time or part-time employee so terminated.

(a) Completed years of service Less than 45 years of age Over 45 years of age1 - 4 years 1 week's pay per year of

service1 week's pay per year of

service5 years and over 1 week's pay per year

ofservice1.5 week's pay per year of service (including first 5

years)

(b) An additional payment of one week's pay to each retrenched employee under this award irrespective of notice given.

"Week's pay" means the ordinary time rate of pay for the employee concerned. Provided that the redundancy payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.

(c) Full-time employees who, at the time of termination have been employed for less than 12 months shall be paid 17.5% loading on pro-rata annual leave.

(2) Employee leaving during notice

An employee whose employment is terminated under this clause may terminate his/her employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had he/she remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(3) Alternative employment

An employer, in a particular redundancy case, may make application to the Commission to have the general redundancy pay prescription varied if the employer obtains acceptable alternative employment for an employee.

(4) Time off during notice period

During the period of notice of termination given by the employer an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment.

(5) Transmission of business

(a) Where a business is before or after the date of this award, transmitted from an employer (in this subclause called "the transmittor") to another employer (in this subclause called "the transmittee")

and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

(i) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

(ii) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

(b) In this subclause "business" includes trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

(6) Employers exempted

Subject to an order of the Commission, in a particular redundancy case, this clause shall not apply to employers who employ less than 15 employees.

(7) Incapacity to pay

An employer, in a particular redundancy case, may make application to the Commission to have the general redundancy pay prescription varied on the basis of the employer's incapacity to pay.

49A. - NOTIFICATION OF CHANGE

(1) Employer's Duty to Notify

(a) Where an employer has made a definite decision to introduce major changes in production, programme, organisation, structure or technology that are likely to have "significant effects" on employees, the employer shall notify the employees who may be affected by the proposed changes and their union.

(b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where the award makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have "significant effects".

(2) Employer's Duty to Discuss Change

(a) The employer shall discuss with the employees affected and their union, the introduction of the changes referred to in subclause (1) of this clause among other things, the effects the changes are likely to have on employees, measures to avoid or minimise the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or their union in relation to the changes.

(b) The discussion shall commence as soon as is practicable after a definite decision has been made by the employer to make any of the changes referred to in subclause (1) of this clause.

(c) For the purpose of such discussion, the employer shall provide in writing to the employees concerned and their union, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on employees and other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would be inimical to the employer's interests.

50. - CONSULTATIVE MECHANISM

(1) The parties to this award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the timber industry and to enhance the career opportunities and job security of employees in the industry.

(2) At each plant or enterprise a consultative mechanism may be established by the employer, or shall be established upon request by the employees or their union. The consultative mechanism and procedure shall be appropriate to the size, structure and needs of that plant or enterprise. Measures raised by the employer, employees or union or unions for consideration consistent with the objectives of subclause (1) hereof shall be processed through that consultative mechanism and procedures.

(3) Measures raised for consideration consistent with subclause (2) hereof shall be related to implementation of a new classification structure, and facilitative provisions contained in this award and, matters concerning training and, subject to subclause (4) hereof, any other measures consistent with the objectives of subclause (1) of this clause.

(4) Without limiting the rights of either an employer or a union to arbitration, any other measure designed to increase flexibility at the plant or enterprise and sought by any party shall be notified to the Commission and by agreement of the parties involved shall be subject to the following requirements :

(a) the changes sought shall not affect provisions reflecting national standards recognised by the Western Australian Industrial Relations Commission;

(b) the majority of employees affected by the changes at the plant or enterprise must genuinely agree to the change;

(c) no employee shall lose income as a result of the change;

(d) the relevant union must be a party to the agreement;

(e) the relevant union shall not unreasonably oppose any agreement;

(f) any agreement shall be subject to approval by the Western Australian Industrial Relations Commission and, if approved, shall operate as a schedule to this award and take precedence over any provision of this award to the extent of any inconsistency.

(5) Any disputes arising in relation to the implementation of subclauses (2) and (3) hereof shall be subject to the provisions of Clause 41. - Dispute Settlement.

51. - WORK FLEXIBILITY

Arising out of the decision of 8 September 1989 in the State Wage Case and in consideration of the wage increases resulting from structural efficiency adjustments, employees are to perform a wider range of duties including work which is incidental or peripheral to their main tasks or functions.

(1) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

(2) An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

(3) Any direction issued by an employer pursuant to subclauses (1) and (2) of this clause shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

52. - RATES OF PAY

(1) Classifications

(a) (i) Upon engagement all employees shall be classified in the group in which they are engaged to work.

(ii) An employee will only be classified into a higher group where that employee has been trained and has met the assessment and competence criteria established for the higher group and a vacancy exists. Such reclassification will only be made where the employee is trained and capable of performing the relevant duties of the higher group to the required standard. The grouping of employees is provisional on the employee remaining willing and able to perform the duties required in the group in which he/she is classified.

(iii) (aa) The assessment of employees will be carried out by an employee nominated by the Works Manager who will normally be a supervisor but may be an employee suitably qualified in that trade or calling.

(cc) Should the re-examiners reach a tied decision, then this matter may be referred to a Board of Reference for determination.

(bb) At the employee's request re-examination will be carried out by a panel consisting of the supervisor, the employee's representative and a suitably qualified employee of the employee's choice with knowledge of the area of work and the Manager or the Manager's delegate.

(iv) An employee classified to a higher group will have his/her performance subject to review and the employer may, should the employee's performance be unsatisfactory, revert the employee's classification to the previous level.

(v) At the employee's request, the demotion will be re-examined by a panel consisting of the Supervisor, the employee's representative, a suitably qualified employee of the employee's choice with knowledge of the area of work and the Manager or the Manager's delegate.

(vi) Provided that no employee is to be prejudiced by acting or failing to act in a manner provided for in this paragraph (a).

(b) Employees will be classified into groups as follows:

(i) Timber Industry Employee - Group 1

(Relativity to Group 5 - 78%)

Timber Industry Group 1 employee shall mean an employee classified as such who is engaged on work in connection with or incidental to the production, maintenance and distribution operations of the employer. The Timber Industry Group 1 employee may be required by the employer to perform any, but not necessarily all of the duties listed in subclause (2) hereof, and for training purposes, the duties of higher classifications of employees. After a period of three months the employer and employee shall review the employee's classification of work.

(ii) Timber Industry Employee - Group 2

(Relativity to Group 5 - 82%)

Timber Industry Group 2 employee shall mean an employee classified as such who is engaged on work in connection with or incidental to the production, maintenance and distribution operations of the employer. The Timber Industry Group 2 employee may be required by the employer to perform any, but not necessarily all of the duties listed in subclause (2) hereof.

In addition, the Timber Industry Group 2 employee will perform those duties of a lower classification related to the duties listed in subclause (2) hereof, and for training purposes, the duties of higher classifications of employees.

(iii) Timber Industry Employee - Group 3

(Relativity to Group 5 - 87.4%)

Timber Industry Group 3 employee shall mean an employee classified as such who is engaged on work in connection with or incidental to the production, maintenance and distribution operations of the employer. The Timber Industry Group 3 employee may be required by the employer to perform any, but not necessarily all of the duties of the positions listed in subclause (2) hereof.

In addition, the Timber Industry Group 3 employee will perform those duties of a lower classification related to the duties listed in subclause (2) hereof, and for training purposes, the duties of higher classifications of employees.

(iv) Timber Industry Employee - Group 4

(Relativity to Group 5 - 92.4%)

Timber Industry Group 4 employee shall mean an employee classified as such who is engaged on work in connection with or incidental to the production, maintenance and distribution operations of the employer. The Timber Industry Group 4 employee may be required by the employer to perform any, but not necessarily all of the duties of the positions listed in subclause (2) hereof.

In addition, the Timber Industry Group 4 employee will perform those duties of a lower classification related to the duties listed in subclause (2) hereof, and for training purposes, the duties of higher classifications of employees.

(v) Timber Industry Employee - Group 5

Classification in this group shall be dependent upon an employee holding the appropriate trade qualifications or an employee qualified and/or engaged to perform any of the duties of a Timber Industry Group 5 Employee.

The Timber Industry Group 5 employee shall mean an employee classified as such who is engaged on work in connection with or incidental to the production, and distribution operations of the employer. The Timber Industry Group 5 employee may be required by the employer to perform any, but not necessarily all of the duties of the positions listed in subclause (2) hereof.

In addition, the Timber Industry Group 5 employee will perform those duties of a lower classification related to the duties listed in subclause (2) hereof, and for training purposes, the duties of higher classifications of employees.

(vi) Timber Industry Employee - Group 6

(Relativity to Group 5 - 105%)

Classification in this group shall be dependent upon an employee holding the appropriate advanced trade qualifications or an employee qualified and/or engaged to perform any of the duties of a Timber Industry Group 6 employee.

Timber Industry Group 6 employee shall mean an employee classified as such who is engaged on work in connection with or incidental to the production, and distribution operations of the employer. The Timber Industry Group 6 employee may be required by the employer to perform any, but not necessarily all of the duties of the positions listed in subclause (2) hereof.

In addition, the Timber Industry Group 6 employee will perform those duties of a lower classification related to the duties listed in subclause (2) hereof, and for training purposes, the duties of higher classifications of employees.

(vii) Provided that a holder of a Certificate in Timber Technology who is engaged in groups one to five shall be paid at one level higher than the level at which he/she would otherwise be paid.

(2) Duties

(a) Breaking Down Saws: Group(i) Sawyers planking out and/or flitching to size with fully mechanised unit(ii) Specialist scribe saw operator 6(iii) Sawyers other than (i) or (ii) 4(iv) Assistants including hookperson other than item (v)(v) Hookperson who in addition operates chain or other power driven saw(vi) Log measurer 2

(b) Benchmen:(i) No. 1 5(ii) No. 2 4(iii) No. 3 3(iv) No. 4 2

(c) Stub Edger 5

(d) Dockers - Log Sawmilling Section:(i) Responsible person at main docker 3(ii) Tallyperson at main docker 3(iii) Dockerperson at main docker 2(iv) Responsible person at No. 2 Bench Docker 3(v) Tallyperson at No. 2 Bench Docker 3(vi) Dockerperson No. 2 Bench Docker 2(vii) Responsible person other dockers 2(viii) Tallyperson other dockers 2(ix) Dockerperson other dockers 2

For the purpose of this paragraph where the only timber fed to the No. 2 bench is from the No. 1 bench and that timber is not equal in amount to that handled by the No. 1 bench then "No. 2 Bench Docker" shall be deemed to be "other docker".

(e) Pullers-out and/or assistants on No. 1 Bench:(i) Single handed on dead or hand propelled roller 3(ii) Double handed as in (i) 3(iii) Friction Feed 3

(f) Pullers-out and/or assistants on No. 2 and 3 Bench 2

(g) Power driven cross sawyer other than docking saw 3

(h) Mill or Yard Hand 1

(i) Kiln Attendant 3

(j) (i) Kiln Operator 4(ii) Kiln Controller 5

(k) Rosser Head Debarker Operator (at sawmill) 3

(l) (i) Saw Doctor 5

(ii) Specialist Saw Doctor 6

(m) Saw Filer or Sharpener 4

(n) Stackers:(i) Block stacker of timber, plywood or veneer 2(ii) For seasoning by means of stripping or other recognised method(iii) Pulling off sleepers or sawn timber with a cross section greater than 25000 square millimetres(iv) Pulling off sawn timber - other 2

(o) Tallyperson (other than Docker):(i) Responsible for making up orders 4(ii) Others 3

(p) Watchperson 2

(q) Dockerperson - Machining Section:(i) Computerised optimizer 4(ii) Who grades or selects timber for joinery or machining(iii) Other 2

(r) Wood-Machining Section:(i) Shaper 5(ii) Flooring machinist - fast feed 5(iii) Fast feed sizer 5(iv) Grinder whose principal duties include grinding knives and cutters(v) Moulding Machinist or two, three or four-sided Planer:(aa) who is required to set up the machine 5(bb) who is not required to set up the machine 3(vi) Buzzer:(aa) who is required to do other than planing one face and squaring edge and who is required to set up his/her own machine

5

(bb) other 3(vii) Tenoner:(aa) who is required to set up his/her machine 5(bb) other 3(viii) Thicknesser:(aa) who is required to set up his/her own machine and grind his/her knives and cutters

5

(bb) who is required to set up his/her own machine but not required to grind his/her knives and cutters

3

(ix) Chain Morticer/Morticer Finger Jointer:(aa) required to set up his/her machine 5(bb) other 3(x) Grader and Feeder, Fastfeed or Mosaic Flooring Machine(aa) who is required to set up his/her machine 5(bb) other 3(xi) Grader behind Fastfeed Flooring Machine 3(xii) Tailer-out Four-Sider Planner 2(xiii) Floor Sanding Machine 3(ivx) End Matcher:(aa) required to set up his/her own machine 3(bb) other 2

(s) (i) Mill Waste Chipper Attendant 2(ii) Mill Waste Chipper Attendant who sets up and changes knives

(t) Belt repairers whilst so engaged other than machinist or sawyer repairing his/her own belts

2

(u) (i) Specialist Carpenter and/or Joiner 6(ii) Carpenters and/or Joiners 5(iii) Bush Carpenter 4(iv) Tradespersons Assistant 3

(v) Faller:(i) Hardwood/Softwood Restricted Ticket 3(ii) Hardwood/Softwood Open Ticket 4(iii) Hardwood Open Ticket and more than one year's experience

(w) Sleeper loader or turner loading sleepers over 1.52 metres from truck level or lower

(x) Boom Arm Loader Operator:(i) Trainee 2(ii) Appointed 5

(y) Mill Cleaner 2

(z) Mill Greaser 3

(ab) (i) Millwright 5(ii) Specialist Millwright 6

(ac) Timber Treatment Plant:(i) Pine Pole Debarking Machine Operator 4(ii) Pine Pole Debarking Machine Puller-out who is required to grade and tally logs and then only from such time as he/she is required to so act(iii) Pine Pole Treatment Plant Operator 5(iv) Tractor Driver (on rails) 4

(ad) Sanitary Person 4

(ae) Splicer 3

(af) Spotters:(i) Circular Saw 4(ii) Vertical Saw 2

(ag) Swamper (logging with loader/tractor) 2

(ah) Mechanised transfer operator 3

(ai) Operator electrical overhead traverser 3

(aj) (i) Driver of front end loader in bush 5(ii) Driver of front end loader in mill 4

(ak) Crane or Fork Lift assistant 2

(al) Chain Saw Operator (Bush):(i) Other than faller 3(ii) Engaged on salvage operation 5

(am) Crawler Tractor Operators:(i) Up to and including Class 3 without power operated attachmentsUp to Class 2 with power operated attachments(ii) Class 4 and 5 without power operated attachments.Class 3 and 4 with power operated attachments 5(iii) Above Class 5 without power operated attachments.

Class 5 and 6 with power operated attachments 5(iv) Above Class 6 with power operated attachments 5

Note: Crawler Tractors are classified in accordance with Australian Standard D4-1964 "classification of Crawler Tractor by weight" as follows

Class: 1 Shipping weight (lbs) up to 3000 2 over 3000 up to 60003 over 6000 up to 100004 over 10000 up to 150005 over 15000 up to 250006 over 25000 up to 400007 over 40000 up to 600008 over 60000 up to 800009 over 80000

(an) Tractor using power operated attachments 3

(ao) Power Grader Operators:(i) Under 50 net engine horse power 3(ii) Between 50 and 100 net engine horse-power 3(iii) Over 100 net engine horse-power 4

(ap) Diamond Mill(i) Conveyor Operator (Woodchip) 4(ii) Chipper on Feed Operator 5(iii) Rail Truck Loader Attendant 4(iv) Chip Screen Attendant 3(v) Chip Tester 3(vi) Debarker Operator (Woodchip) 5(vii) Log Washer 2(viii) Pulpwood Cutter and/or Splitter 2(ix) Splitting Machine, Log Operator 3(x) Weighbridge Attendant 4(xi) Twin Saw Operator 5(xii) Grinder whose principal duty is grinding chipper knives(xiii) Security Train Unloader 4(aa) Small Log Line Operator 4(bb) Mobile Log Line Controller 6

(aq) Trainee in all positions up to first 3 months of employment

(ar) Forwarder Driver 5

(as) Harvester 5

(at) Processor (Bell Logger) 5

(au) Delimber 4

(av) Skidder 5

(aw) Truck Mechanic 5

(3) Wages

The minimum rate of wage for employees covered by this award, excluding those employees provided for in subclause (4) hereof, shall be:

(a) Timber Industry Employee:

RATE$ ASNA$ TOTAL RATE$

Group 1 349.40 0 708.90Group 2 366.10 0 726.50Group 3 388.60 0 750.30Group 4 409.50 0 772.40Group 5 441.20 0 810.10Group 6 462.10 0 832.70

(b) The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

(4) Transport - Employee Groups

The minimum rate of wage for employees covered by this award, as defined below shall be:

(a) Timber Industry Transport Employee:

RATE$ ASNA$ TOTAL RATE$

Group 1 406.20 0 768.90Group 2 417.70 0 781.10Group 3 425.30 0 789.00Group 4 433.00 0 797.20Group 5 440.70 0 807.40Group 6 459.70 0 830.20Group 7 471.20 0 842.60Group 8 490.30 0 863.20

(b) The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

(c) Employees under this subclause shall be defined as follows:

Group 1

(i) Driver, rigid vehicle from 4.5 to 13.9 tonnes GVM or GCM (Gross Vehicle Mass) (Gross Combination Mass)

(ii) Driver, fork lift up to and including 5 tonnes lifting capacity(iii) Driver, tractor without power operated attachments

Group 2

(i) Driver Rigid Vehicle over 13.9 tonnes GVM or GCM and up to 13 tonnes capacity

(ii) Straddle carrier driver(iii) Driver of dump truck (unlicensed)(iv) Driver of fork lift over 5 and up to 10 tonnes lifting capacity

Group 3

(i) Driver articulated vehicle to 22.4 tonnes GCM(ii) Driver rigid vehicle and heavy trailer to 22.4 tonnes GCM(iii) Driver rigid vehicle 4 or more axles over 13.9 tonnes GVM or GCM(iv) Driver of fork lift over 10 and up to 34 tonnes lifting capacity

Group 4

(i) Driver low loader to 43 tonnes GCM(ii) Driver articulated vehicle over 22.4 tonnes GCM and up to 39 tonnes

capacity(iii) Driver mobile crane up to 25 tonnes lifting capacity(iv) Driver rigid vehicle and heavy trailer over 22.4 tonnes GCM(v) Driver of fork lift over 34 tonnes lifting capacity

Group 5

(i) Driver articulated vehicle over 22.4 tonnes GCM over 39 and up to 60 tonnes capacity

(ii) Driver multiple articulated vehicle up to 53.4 tonnes GCM(iii) Driver low loader over 43 tonnes GCM (for each additional complete

tonne over 43 an extra 79 cents as part of the weekly wage rate for all purposes shall be payable)

Group 6

(i) Driver mobile crane over 25 and up to 50 tonnes lifting capacity(ii) Driver multiple articulated vehicle over 53.4 tonnes up to 94 tonnes

GCM up to 65 tonnes capacity

Group 7

(i) Driver multiple articulated vehicle over 94 tonnes GCM up to 75 tonnes capacity

(ii) Driver of mobile crane over 50 tonnes lifting capacity

Group 8

(i) Driver multiple articulated vehicle over 94 tonnes GCM over 75 and up to 95 tonnes capacity (for each additional complete tonne over 95 an extra 79 cents as part of the weekly wage rate for all purposes shall be payable)

(5) Junior Employees

In addition to such amounts as may be prescribed by subclause (2) of Clause 9. - Junior Employees, junior employees shall receive the following percentage of a Timber Industry Employee Group 1 wage rate inclusive of supplementary payment:

Under 17 years of age 45%Between 17 & 18 years of age 55%Between 18 & 19 years of age 80%Over 19 years of age 100%

(6) Apprentices

Apprentices shall receive the following percentage of a Timber Industry Employee Group 5 wage rate inclusive of supplementary payment:

Four Year Term -First Year 50%Second Year 60%Third Year 75%Fourth Year 90%

(7) Leading Hand

In charge of 3 - 10 employees - an extra $17.00 per week.

In charge of 11 - 20 employees - an extra $25.60 per week

In charge of over 20 employees - an extra $33.20 per week.

(8) Award Rate of Pay Maintenance

An employee who was receiving an award rate of pay which was in excess of the rate prescribed in the order of the Western Australian Industrial Relations Commission in matter No. 768 of 1993, shall have his or her rate preserved until agreement is reached between the parties, or the Commission determines that the differential is to be absorbed.

(9) Minimum Adult Wage

(a) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(b) The minimum adult award wage for full-time employees aged 21 or more is $708.90 per week payable on and from the commencement of the first pay period on or after 1 July 2017.

(c) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.

(d) Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(e) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.

(f) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(g) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(h) Subject to this clause the minimum adult award wage shall –

(i) Apply to all work in ordinary hours.

(ii) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(i) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2017 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(j) Adult Apprentices

(i) Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $607.60 per week on and from the commencement of the first pay period on or after 1 July 2017.

(ii) The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.

(iii) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

(iv) Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003

APPENDIX - RESOLUTION OF DISPUTES REQUIREMENTS

(1) This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16 January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23 May 1997 (Labour Relations Legislation Amendment Act 1997).

(2) Any dispute or grievance procedure in this award/industrial agreement shall also apply to any questions, disputes or difficulties which may arise under it.

(3) With effect from 22 November 1997 the dispute or grievance procedures in this award/industrial agreement is hereby varied to include the requirement that persons involved in the question, dispute or difficulty will confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.

SCHEDULE 1 - PARTIES TO THE AWARD

The following organisation is a party to this award:

The Forest Products, Furnishing and Allied Industries Industrial Union of Workers, W.A.

SCHEDULE 2 - SCHEDULE OF RESPONDENTS

A.G. & A.M. BrooksMoore Road, Picton 6229

A.J. & K.M. Terry98 McManus Street, Allanson 6225

A.M. & S.J. FortC/- Post Office, Dwellingup 6213

Adelaide Timber Company Pty Ltd123-133 Kurnall Road, Kewdale 6105P.O. Box 900, Cannington 6107

B.E. & D.M. WilsonSouthwest Highway, Yornup 6256

Browns Logging27 Guppy Street, Pemberton 6260

Bunnings Limited255 Adelaide Terrace, Perth 6000

Bunnings Forest Products Pty Ltd255 Adelaide Terrace, Perth 6000Box X2269 G.P.O., Perth 6001

Coli Timber Merchants475 Scarborough Beach Road, Osborne Park 6017

Colli & SonsBrookton Highway, Brookton 6306

C.O.P. TransportBrookton Highway, Kelmscott 6111

Gandy Timbers Pty Ltd159 Beechboro Road, Bayswater 6053P.O. Box 13, Bayswater 6053

G. Munut9 Foster Road, Kelmscott 6111

Guthrie Logging25 William Drive, Busselton 6280

I.P.E. Packaging Pty LtdLot 3 Bussell Highway, Busselton 6280

K.D. Power Sawmilling Company17 Peel Terrace, Busselton 6280P.O. Box 308, Busselton 6280

Koppers Timber Preservation Pty LtdSouth West Highway, Picton 6229

Mangee MillingP.O. Box 746, Bunbury 6230

Monier Roofing Ltd333 Epsom Avenue, Redcliffe 6104P.O. Box 20, Belmont 6104

P.B. & M.M. DawsonP.O. Box 33, Donnybrook 6239

Pickering Brook SawmillsLot 9 Carinyah Road, Pickering Brook 6076

Pine HauliersP.O. Box 1340, Bunbury 6230

Rose & Bending Forest ServicesP.O. Box 555, Manjimup 6258

Sleeper Processing Co255 Adelaide Terrace, Perth 6000

South West Haulage CoP.O. Box 209, Armadale 6112

Softwood ProductsP.O. Box R1276, Perth 6000

Softwood Logging Services4 Grant Street, Orange Grove 6109

T.J. & M.B. WaughP.O. Box 140, Manjimup 6258

V. & D. Ridolfo82 Dowd Street, Welshpool 6106

Whitelands Milling64 Seymour Street, Busselton 6280

Whittakers Limited271 Treasure Road, Welshpool 6106

Wesfi Pty Ltd1 Somersby Road, Welshpool 6106P.O. Box 95, Victoria Park 6100

Worrall Enterprises17 Custance Street, Lathlain 6101

Worsley Timber Pty Ltd123-133 Kurnall Road, Kewdale 6105P.O. Box 900, Cannington 6107

APPENDIX - S.49B - INSPECTION OF RECORDS REQUIREMENTS

(1) Where this award, order or industrial agreement empowers a representative of an organisation of employees party to this award, order or industrial agreement to inspect the time and wages records of an employee or former employee, that power shall be exercised subject to the Industrial Relations (General) Regulations 1997 (as may be amended from time to time) and the following:

(a) The employer may refuse the representative access to the records if: -

(i) the employer is of the opinion that access to the records by the representative of the organisation would infringe the privacy of persons who are not members of the organisation; and

(ii) the employer undertakes to produce the records to an Industrial Inspector within 48 hours of being notified of the requirement to inspect by the representative.

(b) The power of inspection may only be exercised by a representative of an organisation of employees authorised for the purpose in accordance with the rules of the organisation.

(c) Before exercising a power of inspection, the representative shall give reasonable notice of not less than 24 hours to an employer.

Dated at Perth this 21st day of December, 1951.

V A R I A T I O N R E C O R D

TIMBER WORKERS' AWARD, 1951 No. 36 OF 1950.Delivered 21/12/51 at 31 WAIG 653.

Consolidated at 70 WAIG 3318CLAUSE NO.

EXTENT OF VARIATION ORDER NO. OPERATIVE DATE

GAZETTE REFERENCE

1. Title

(1A. State Wage Principles)

Ins. Cl. 1752/91 31/01/92 72 WAIG 191

Cl. & Title 1457/93 24/12/93 74 WAIG 198

(1A. State Wage Principles December 1993)

Cl. & Title 985/94 30/12/94 75 WAIG 23

(1A. Statement of Principles December 1994)

Cl. & Title 1164/95 21/03/96 76 WAIG 911

(1A. Statement of Principles March 1996)

Cl & Title 915/96 7/08/96 76 WAIG 3368

(1A Statement of Principles - August 1996)

Cl & Title 940/97 14/11/97 77 WAIG 3177

(1A. Statement of Principles - November 1997)

Cl. & Title 757/98 12/06/98 78 WAIG 2579

(1A. Statement of Principles - June, 1998)

Del. Cl. & Title 609/99 06/07/99 79 WAIG 1843

2. Arrangement

Cl. 284/91 18/06/91 71 WAIG 1867

Ins. 1A 1752/91 31/01/92 72 WAIG 191

Cl. 1496/91 & 971A/92 06/10/92 72 WAIG 2583

After Cl. 31 Renum. Cl. 25 Piecework as 32. Piecework. Del. Sch; Ins. Sch 1 - 2

377/93 28/05/93 73 WAIG 1674

Cl. 971B/92 & 768/93 24/09/93 73 WAIG 2708

1A. Title 1457/93 24/12/93 74 WAIG 198

1A. Title 985/94 30/12/94 75 WAIG 23

50. CL.& Title 1317/94 1/05/95 & 1/11.95

75 WAIG 2237

1A. Title 1164/95 21/03/96 76 WAIG 911

Ins. Appendix - Resolution... 693/96 16/07/96 76 WAIG 2768

50. Title 753 - 756/95 05/08/96 76 WAIG 2491

Ins. App - s.49B. 694/96 16/07/96 76 WAIG 2789

1A. Title 915/96 7/08/96 76 WAIG 3368

1A 940/97 14/11/97 77 WAIG 3177

1A. Title 757/98 12/06/98 78 WAIG 2579

Del. 1A 609/99 06/07/99 79 WAIG 1843

3. Area and Scope

Cl. 1805/90 20/05/91 71 WAIG 1866

4. Definitions

(14) Ins. (21) - (23) 971B/92 & 768/93 24/09/93 73 WAIG 2708

5. Contract of Service

6. Probation

7. Breakdowns

8. Copy of Award

9. Junior Employees

Cl. 971B/92 & 768/93 24/09/93 73 WAIG 2708

10. Apprentices

11. Holidays and Annual Leave

(14) 1955/02 3/7/03 83 WAIG 2779

12. Absence through Sickness

13. Compassionate Leave

14. Hours of Work

15. Meal Breaks and Rest Periods

16. Overtime

17. Meal Money

(1) - (2) 1392/93 06/12/93 73 WAIG 3462

(1) - (2) 1317/94 1/05/95 & 1/11/95

75 WAIG 2237

(1) - (2) 1250/98 13/08/98 78 WAIG 4378

(1) 741/05 26/10/05 86 WAIG 315

18. Shift Work

Cl 1955/02 3/7/03 83 WAIG 2779

19. Payment of Wages

20. Time and Wages Record

Cl. 971B/92 & 768/93 24/09/93 73 WAIG 2708

Ins text.(3) 491/98 16/04/98 78 WAIG 1471

21. Right of Entry

Ins. para 2053/1/97 22/11/97 77 WAIG 3138

22. No Reduction

23. Long Service Leave

24. Tools to be Supplied

25. Bush Employees

26. Rents for Houses and Huts

27. Sleeping Accommodation

28. First Aid Equipment

Cl. 971B/92 & 768/93 24/09/93 73 WAIG 2708

(3) 1250/98 13/08/98 78 WAIG 4378

29. Notice Board

31. Sawyer to have Puller-Out

32. Piecework

33. Measuring Logs

34. Out of Hours Watching Duties

35. Special Rates and Conditions

(1); & (5) 1113/91 13/09/91 71 WAIG 3265

Del.(3)(f); re-numb.(g) & (h) as (f) & (g) resp.

971B/92 & 768/93 24/09/93 73 WAIG 2708

(1)(a), (b) 1722/93 10/01/94 74 WAIG 646

(1) 1317/94 01/05/95 & 01/11/95

75 WAIG 2237

36. Board of Reference

37. Maternity Leave

38. Air-conditioning

39. Part Time Work

40. Under-Rate Employees

41. Dispute Settlement

42. Traineeships

Cl. 569/03 5/06/03 83 WAIG 1899 & 2667

43. Lower Grade Work

44. Higher Grade Work

45. Superannuation

Cl 599/98 30/06/98 78 WAIG 2559

46. Enterprise Agreements

47. Travelling

Ins. Cl. 284/91 18/06/91 71 WAIG 1867

48. Motor Allowance

Ins. Cl. 284/91 18/06/91 71 WAIG 1867

49. Redundancy

Ins. Cl. 284/91 18/06/91 71 WAIG 1867

49A. Notification of Change

Ins. Cl. 971B/92 & 768/93 24/09/93 73 WAIG 2708

(50. Consultative Mechanism)

Ins. Cl. 1496/91 & 971A/92 06/10/92 72 WAIG 2583

Cl. & Title 1317/94 1/05/95 & 1/11/95

75 WAIG 2237

(50. Enterprise Flexibility)

Cl. & Title 753 - 756/95 05/08/96 76 WAIG 2491

50. Consultative Mechanism

51. Work Flexibility

Ins. Cl. 1496/91 & 971A/92 06/10/92 72 WAIG 2583

(1) - (2) 1250/98 13/08/98 78 WAIG 4378

52. Rates of Pay

Ins. Cl. 1496/91 & 971A/92 06/10/92 72 WAIG 2583

Min. Wage $275.50 415A/92 30/11/92 73 WAIG 4

Cl. 971B/92 & 768/93 24/09/93 73 WAIG 2708

(3) – (7) 1722/93 10/01/94 73 WAIG 646

(3) - (4); (7) 1317/94 01/05/95 & 01/11/95

75 WAIG 2237

(3) - (4);(7); & (9) 936/96 2/09/96 76 WAIG 4705

Rates & Ins. Text 940/97 14/11/97 77 WAIG 3177

(3),(4)(a) - (b), (7) & (9) 1250/98 13/08/98 78 WAIG 4378

Rates; (3)(b) & (4)(b) ins. txt, (9) rates & txt 609/99 01/08/99 79 WAIG 1843

Cl. 654/00 01/08/00 80 WAIG 3379

Cl. 752/01 01/08/01 81 WAIG 1721

Cl. 797/02 01/08/02 82 WAIG 1369

Cl. 569/03 5/06/03 83 WAIG 1899 & 2667

(9)(i) 1197/03 1/11/03 83 WAIG 3537

Cl. 570/04 4/06/04 84 WAIG 1521 & 2073

Cl. 576/05 07/07/05 85 WAIG 2083 & 2898

Cl. 957/05 07/07/06 86 WAIG 1631 & 2413

Cl. 1/07 01/07/07 87 WAIG 1487 & 2347

Cl. 115/07 01/07/08 88 WAIG 773 &1544

Cl. 1/09 01/10/09 89 WAIG 735 & 1978

Cl. 2/10 01/07/10 90 WAIG 568 & 1357

Cl 2/11 01/07/11 91 WAIG 1008 & 1754

Cl 2/12 01/07/12 92 WAIG 1497

Cl. 1/13 01/07/13 93 WAIG 1170

Cl. 1/14 01/07/14 94 WAIG 1383

Cl. 1/15 01/07/15 95 WAIG 1348

Cl. 1/16 01/07/16 96 WAIG 1198

Cl. 1/17 01/07/17 97 WAIG 1263

Appendix - Resolution of Disputes Requirements

Ins. App 693/96 16/07/96 76 WAIG 2768

App 2053/97 22/11/97 77 WAIG 3079

(Schedule 1 - Rates of Pay)

(1)-Ins .Class.(52-64) 1805/90 20/05/91 71 WAIG 1866

Min Wage $268.80 1309 & 1310/91 24/09/91 71 WAIG 2748

Sch 1113/91 13/09/91 71 WAIG 3265

Del. Sch. 1496/91 & 971A/92 06/10/92 72 WAIG 2583

Schedule 1 Parties to the Award

Ins Cl. 377/93 28/05/93 73 WAIG 1674

(Schedule of Respondents)

Del. G.R.C. 76/80p34 05/05/92 72 WAIG 1146

Sch. 1496/91 & 971A/92 06/10/92 72 WAIG 2583

Rename. Sch. 377/93 28/05/93 73 WAIG 1674

Schedule 2 - Schedule of Respondents

Appendix - S.49B - Inspection of Records Requirements

Ins. App 694/96 16/07/96 76 WAIG 2789

(1) ins. Text 2053/97 22/11/97 77 WAIG 3138

App. 491/98 16/04/98 78 WAIG 1471