Brick Manufacturing Award 1979
1. - TITLE
This award shall be known as the Brick Manufacturing Award 1979 and shall replace the Brickyard Employees' (Clay Brick) Award No. 19 of 1969, the Brickyard Employees' (Firebrick and Tapestry Bricks) Award No. 25 of 1969, the Brickyard Employees' (Lime Sand Bricks) Award No. 2 of 1962 as amended.
1B. - MINIMUM ADULT AWARD WAGE
(1)No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
(2)The minimum adult award wage for full-time employees aged 21 or more is $692.90 per week payable on and from the commencement of the first pay period on or after 1 July 2016.
(3)The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.
(4)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.
(5)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.
(6)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.
(7)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.
(8)Subject to this clause the minimum adult award wage shall –
(a)Apply to all work in ordinary hours.
(b)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.
(9)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 2016 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.
(10)Adult Apprentices
(a)Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $593.90 per week on and from the commencement of the first pay period on or after 1 July 2016.
(b)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.
(c)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.
(d)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.
2. - ARRANGEMENT
1.Title
1B.Minimum Adult Award Wage
2.Arrangement
3.Scope
4.Area
5.Term
6.Definitions
7.Contract of Service
8.Hours
8A.Implementation of 38 Hour Week
9.Overtime
10.Shift Work
11.Wages
12.Piece Work
13.Open Kiln Burners
14.Continuous Kiln Burners
15.Mixed Functions
16.Meal Interval
17.Payment of Wages
18.Sick Leave
19.Holidays
20.Annual Leave
21.Bereavement Leave
22.Long Service Leave
23.General
24.Time and Wages Records
25.Union Notices and Posting of Award
26.Inspection
27.Under Rate Employees
28.Board of Reference
29.Breakdowns
30.Preference to Unionists
31.Maternity Leave
32.Supply and Issue of Safety Equipment
33.First Aid Allowance
34.Dispute Settling Procedure
35.Redundancy
36.Callbacks
37.Amenities
38.Enterprise Flexibility
Schedule of Respondents
Appendix - S.49B - Inspection Of Records Requirements
3. - SCOPE
This award shall apply to all workers employed in the Callings listed in Clause 11. hereof by employers engaged in the Brick Manufacturing Industry.
4. - AREA
This award shall operate throughout the State of Western Australia.
5. - TERM
The term of this award shall be for a period of two years commencing from the first pay period, on or after the 17th day of October, 1979.
6. - DEFINITIONS
(1)"Leading Hand" shall mean an employee who is appointed as such by the employer and who in addition to his ordinary duties is required by the employer to supervise other employees.
(2)Part Time Workers:
(a)Notwithstanding anything else contained in this Award an employee may be employed as a part time employee for a minimum of 15 hours and a maximum of 30 hours in any week within the period 6 a.m. to 6 p.m. Monday to Friday.
(b)A part time employee shall receive payment for wages, annual leave and holidays, sick leave and long service leave on a pro rata basis in the same proportion as the number of hours worked each week bears to 38 hours.
Provided that part time employees shall not exceed 1 in 4 workers at any time.
(3)Casual Workers
(a)A casual worker is one specifically engaged and paid as such. A casual worker shall be paid 20% in addition to the appropriate wage rate prescribed in this award.
(b)A casual worker shall not be engaged for more than 13 weeks.
7. - CONTRACT OF SERVICE
(1)Except in the case of casual employees one week's notice on either side shall be necessary to terminate the engagement or in the event of such notice not being given by the payment of one week's pay by the employer to the employee or the forfeiture of one week's pay by the employee to the employer: Provided that an employer at any time may dismiss an employee for misconduct or if after receiving one week's notice such employee does not carry out his or her duties in the same manner as he or she did prior to such notice.
(2)Notwithstanding the provisions of subclause (1) hereof during the first month of employment only one day's notice shall be necessary to terminate the services of an employee. In the event of an employer or an employee failing to give the required notice, one day's wages shall be paid or forfeited. Provided that this shall not affect the right of the employer to dismiss an employee without notice for misconduct, in which case the employee shall be paid up to the time of dismissal.
8. - HOURS
(1)Except as otherwise prescribed in this award, the ordinary working hours shall be an average of 38 per week to be worked on one of the following bases:
(i)38 hours within a work cycle not exceeding seven consecutive days; or
(ii)76 hours within a work cycle not exceeding 14 consecutive days; or
(iii)114 hours within a work cycle not exceeding 21 consecutive days; or
(iv)152 hours within a work cycle not exceeding 28 consecutive days.
(2)Subject to subclause (3) of Clause 8A - Implementation of 38 hour week. The ordinary hours of work may be worked on any or all days of the week, Monday to Friday, inclusive, and except in the case of shift workers, shall be worked between the hours of 6.00 am. and 6.00 pm.
(3)The spread of hours in subclause (2) hereof may be extended by agreement with the majority of workers in any section to be between the hours of 5.00am and 6.00pm.
(4)Notwithstanding the above provisions the ordinary working hours may be worked on any alternative basis as agreed between an employer and the workers in any section or sections of the employer's establishment.
8A. - IMPLEMENTATION OF 38 HOUR WEEK
(1)Except as provided in subclause (4) hereof, the method of implementation of the 38 hour week may be any one of the following -
(a)by employees working less than 8 ordinary hours each day; or
(b)by employees working less than 8 ordinary hours on one or more days each week; or
(c)by fixing one day of ordinary working hours on which all employees will be off duty during a particular work cycle; or
(d)by rostering employees off duty on various days of the week during a particular work cycle so that each employee has one day of ordinary working hours off duty during that cycle.
(e)Except in the case of continuous shift employees where the ordinary hours of work are worked within an arrangement as provided in paragraph (c) or (d) of this subclause, any day off duty shall be arranged so that it does not coincide with a holiday prescribed in subclause (1) of Clause 19 - Holidays or subclause (1) and (5) (a) of Clause 20 - Annual Leave of this award.
(2)In each plant, an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned.
(3)Different methods of implementation of a 38 hour week may apply to various groups or sections of employees in the plant or establishment concerned.
(4)Notice of Days Off Duty -
(a)Except as provided in subclause (5) hereof, in cases where, by virtue of the arrangement of his ordinary working hours, an employee, in accordance with paragraphs (c) and (d) of subclause (1) hereof, is entitled to a day off duty during his work cycle, such employee shall be advised by the employer at least four weeks in advance of the day he is to take off duty.
(b)In the case of an interruption to a work cycle, which is beyond the control of the employer, the day off duty may be changed.
(5)(a)An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off in accordance with paragraphs (c) and (d) of subclause (1) hereof, for another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the requirements of the business in the event of rush orders or some other emergency situation.
(b)An employer and employee may by agreement substitute the day the employee is to take off for another day.
9. - OVERTIME
(1)Except in the case of open kiln burners when on hand firing, and continuous shift workers -
(a)All work done beyond the ordinary working hours on any day, Monday to Friday inclusive, shall be paid for at the rate of time and one half for the first two hours and double time thereafter.
(b)Work done on Saturdays after 12 noon or on Sundays shall be paid for at the rate of double time.
(c)Work done, outside ordinary working hours, on Saturdays prior to 12 noon shall be paid for at the rate of time and one half for the first two hours and double time thereafter.
(d)All work performed on the holidays prescribed by clause 19 (1) hereof shall be paid for at the rate of double time and one half.
(2)In the case of continuous shift workers :-
(a)subject to subclause (b) hereof, all work performed outside the ordinary hours of duty shall be deemed overtime and shall be paid for at the rate of double time.
(b)Time worked in excess of ordinary hours shall be paid for at ordinary rates.
(i)If it is due to private arrangements between the workers themselves; or
(ii)If it is due to the failure of the relieving man to come on duty at the appointed time, provided that where it exceeds two hours' overtime shall apply; or
(iii)If it is the purpose of effecting the customary rotation of shifts.
(3)Workers under the age of eighteen years shall not be called upon to work between the hours of midnight and 6 a.m.
(4)When a worker is required for duty during his usual meal time and his meal time is thereby postponed for more than one hour he shall be paid at overtime rates until he is able to take his meal time.
(5)(a)An employee required to work overtime for more than two hours without being notified on the previous day or earlier shall be supplied with a meal by the employer or be paid $5.55 for a meal, and
(b)If, owing to the amount of overtime worked, a second or subsequent meal is required then the employee shall be supplied with each such meal by the employer or be paid $3.35 for each meal so required.
(c)If an employee as a result of receiving the notice referred to in paragraph (a) hereof has provided himself with a meal and is not required to work overtime, or is required to work less than two hours overtime, he shall be paid the amount prescribed in paragraph (a) hereof in respect of the meal not then required.
(6)Rest Period:-
(a)When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that workers have at least ten consecutive hours off duty between the work of successive days.
(b)A worker who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c)If, on the instructions of his employer, such a worker resumes or continues work without having had such ten consecutive hours off duty, he shall be paid at double rates until he is released from duty for such period and he shall then be entitled to be absent until he has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
Provided that in cases of emergencies occurring in shift work, the ten consecutive hours off duty mentioned above shall be substituted by eight consecutive hours off duty.
(7)Notwithstanding anything contained herein:-
(a)An employer may require any worker to work reasonable overtime at overtime rates and such a worker shall work overtime in accordance with such requirements.
(b)The union or any worker or workers covered by this award, shall not 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.
(8)Liberty is reserved to the union party to this award to apply to amend this clause at any time for the purpose of including a provision relating to the manner in which overtime shall be allocated by an employer to a particular worker or workers.
10. - SHIFT WORK
(1)Where two or more shifts in any one day are worked, the hours of shift workers shall be such as are mutually agreed upon between the employer and the Union. These start and finish times may be varied by agreement with an employer and their workers.
(a)Any worker employed on an afternoon shift or night shift, shall, in addition to the ordinary rate prescribed in clause 11. - Wages hereof be paid per shift an allowance of 1/5th of 15% of the ordinary rate prescribed for his class of work.
(b)Rostered work performed on Saturdays shall be paid at the rate of time and one half. Rostered work performed on Sundays shall be paid at the rate of time and three quarters. Rostered work performed on public holidays as prescribed under clause 19(1) - Holidays shall be paid at the rate of double time.
Provided that these rates shall be in lieu of the rates prescribed in paragraph (a) hereof.
(2)Where an employee is recalled to work the whole of part of any shift over and above his/her rostered hours, such time shall be paid for at the rate of double time for a minimum of four hours.
(3)Where a worker is not required to work a shift in accordance with his normal roster because of any of the holidays prescribed in clause 19. - Holidays of this award he shall be paid the shift loading prescribed in subclause (1)(a) of this clause for that shift.
11. - WAGES
The following shall be the minimum rates of wages payable to employees covered by this Award:
(1) / (a) CLASSIFICATION: / Base Rate$ / Supplementary Payment $ / Total Rate $ADULT EMPLOYEES:
Tunnel Kiln Operator / 360.30 / 374.00 / 734.30
Machine Operator: Brick, Setting, Packing or Strapping / 353.00 / 381.30 / 734.30
Kiln Car Decker in Charge / 353.00 / 381.30 / 734.30
Refractory Moulder, Brick Cutter, Setter, Drawer, Off Bearer, Grinding Machine Operator, Brick Maker and Handler, Crucible Machine Operator / 347.10 / 372.50 / 719.60
Burner / 343.20 / 376.30 / 719.50
Powder Monkey / 340.20 / 379.30 / 719.50
Hand Press Operator, Presser Fancy Bricks, Clay Hole Motor Loco Driver, Truck Loader, Loader Out to Trucks, Man Winding, Sorter, Packer, Strapper / 339.10 / 371.40 / 710.50
Operator: Mixer, Weighbatcher Press, Sand Winning, Overhead Crane - After 2 months' service / 350.60 / 368.90 / 719.50
Steam Curing Operator / 335.40 / 384.10 / 719.50
Fork Lift Drivers / 357.30 / 369.30 / 726.60
Front End Loaders:
(i) 35 b.h.p. / 336.60 / 373.70 / 710.30
(ii) 35 b.h.p. - 130 b.h.p. / 347.10 / 372.40 / 719.50
(iii) Over 130 b.h.p. / 349.80 / 376.70 / 726.50
All Others and Trainees during first two months' of service / 324.10 / 368.80 / 692.90
(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.
(2)JUNIOR EMPLOYEES:
%Under 17 years of age / 60
17 to 18 years of age / 70
18 to 19 years of age / 90
(3)LEADING HANDS:
In charge of: / $(a) Not less than three and not more than ten employees / 15.50
(b) More than ten but not more than twenty other employees / 23.55
(c) More than twenty other employees / 30.70
(4)SPECIAL RATES
(a)Machine and Pan Drivers oiling machinery outside ordinary working hours shall be paid an additional half hour's pay per day at ordinary rates for performing such work.
(b)Employees required to handle Manganese Dioxide shall be paid an allowance of $2.40 per day or part thereof whilst required to handle such substance.