1
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION
INDUSTRIAL RELATIONS ACT 1979
In the matter of consideration of rescinding General Order No.975 of 1998 on location allowances and making a new General Order pursuant to section50 of the Industrial Relations Act, 1979
(No. 690 of 1999)
COMMISSION IN COURT SESSION28 June 1999
COMMISSIONER S A CAWLEY
COMMISSIONER A R BEECH
COMMISSIONER S J KENNER
GENERAL ORDER
HAVING heard Mr D Jones on behalf of the Chamber of Commerce and Industry of Western Australia (Inc.) and MrJAbdullah on behalf of the Australian Mines and Metals Association Incorporated and MsSMayman on behalf of the Trades and Labor Council of Western Australia and there being no appearance by or on behalf of the Minister for Labour Relations;
NOW THEREFORE, the Commission in Court Session, pursuant to the powers conferred on it by the Industrial Relations Act, 1979 hereby orders
(1)THAT each award, industrial agreement or order cited in ScheduleA of this Order be varied by substituting for the location allowances provisions contained in each such award, industrial agreement or order the location allowance provisions inScheduleB of this General Order.
(2)THAT each such variation shall have effect from the beginning of the first pay period to commence on or after the first day of July 1999.
(3)THAT this General Order replace the General Order in Matter No.975 of 1998 which thereby shall be rescinded.
COMMISSIONER
FOR AND ON BEHALF OF THE COMMISSION IN COURT SESSION
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SCHEDULEA
Title of award, industrial agreement or orderClause No.
Aerated Water and Cordial Manufacturing Industry Award 197531
Aged and Disabled Persons Hostels Award, 198728
Air Conditioning and Refrigeration Industry (Construction and Servicing) Award No. 10 of 197920
Artworkers Award20
Bakers’ (Country) Award No. 18 of 197721
Breadcarters (Country) Award 197627
Building Trades Award 196824
Building Trades (Construction) Award 1987Appendix A
Child Care (Out of School Care - Playleaders) Award10
Children's Services (Private) Award12
Cleaners and Caretakers Award, 196921
Cleaners and Caretakers (Car and Caravan Parks) Award 197522
Clerks' (Accountants' Employees) Award 198423
Clerks (Commercial Radio and Television Broadcasters) Award of 197027
Clerks (Commercial, Social and Professional Services) Award No. 14 of 197227
Clerks' (Control Room Operators) Award 198425
Clerks' (Credit and Finance Establishments) Award31
Clerks' (Customs and/or Shipping and/or Forwarding Agents) Award30
Clerks' (Hotels, Motels and Clubs) Award 197922
Clerks' (Taxi Services) Award of 197028
Clerks (Timber) Award31
Clerks' (Wholesale & Retail Establishments) Award No. 38 of 194728
Clothing Trades Award 197322
Contract Cleaners Award, 198624
Contract Cleaners' (Ministry of Education) Award 199021
CSBP & Farmers Award 199023
Dental Technicians' and Attendant/Receptionists’ Award, 198229
The Draughtsmen's, Tracers', Planners' and Technical Officers' Award 197932
Dry Cleaning and Laundry Award 197922
Earth Moving and Construction Award25
Electrical Contracting Industry Award R 22 of 197822
Electrical Trades (Security Alarms Industry) Award 198019
Electronics Industry Award No. A 22 of 198524
Engine Drivers' (Building and Steel Construction) Award No. 20 of 197325
Engine Drivers' (General) Award20
Enrolled Nurses and Nursing Assistants (Private) Award No. 8 of 197823
Foodland Associated Limited (Western Australia) Warehouse Award 198239
Foremen (Building Trades) Award 199115
Funeral Directors' Assistants' Award No. 18 of 196233
Furniture Trades Industry Award46
Gate, Fence and Frames Manufacturing Award21
Golf Link and Bowling Green Employees' Award, 199328
Hairdressers Award 198931
The Horticultural (Nursery) Industry Award, No. 30 of 19806
Hospital Salaried Officers (Good Samaritan Industries) Award 199029
Industrial Catering Workers' Award, 197740
Independent Schools (Boarding House) Supervisory Staff Award22
Independent Schools Administrative and Technical Officers Award 199319
Independent Schools' Teachers' Award 197617
Jenny Craig Employees Award, 199528
Landscape Gardening Industry Award18
Licensed Establishments (Retail and Wholesale) Award 197931
Lift Industry (Electrical and Metal Trades) Award, 197320
Materials Testing Employees' Award, 198412
Meat Industry (State) Award, 19808
Metal Trades (General) Award 196622
Motel, Hostel, Service Flats and Boarding House Workers' Award, 197642
Motor Vehicle (Service Station, Sales Establishments, Rust Prevention and Paint Protection),
Industry Award No. 29 of 198017
Nurses' (Day Care Centres) Award 197622
Nurses (Dentists Surgeries) Award 197723
Nurses (Doctors Surgeries) Award 197722
Nurses’ (Independent Schools) Award20
Nurses' (Private Hospitals) Award30
Pastrycooks' Award No. 24 of 198111
Permanent Building Societies (Administrative and Clerical Officers) Award, 197530
Pest Control Industry Award 198214
Photographic Industry Award, 198029
Private Hospital Employees' Award, 197240
Quarry Workers' Award, 196919
Radio and Television Employees' Award23
Restaurant, Tearoom and Catering Workers' Award, 197942
Retail Food Services Employees' Agreement 199139
Retail Food Establishments Employees Agreement 199234
The Rock Lobster and Prawn Processing Award 197826
School Employees (Independent Day & Boarding Schools) Award, 198031
Security Officers' Award24
Security Officers (North West Shelf Project) Order No. 344 of 199412
Sheet Metal Workers' Award No. 10 of 197326
The Shop and Warehouse (Wholesale and Retail Establishments) State Award 197739
Supermarkets and Chain Stores (Western Australia) Warehouse Award 198239
Teachers' Aides' (Independent Schools) Award 198817
Timber Yard Workers Award No. 11 of 195128
Transport Workers (General) Award No. 10 of 196125
Transport Workers (Mobile Food Vendors) Award 198718
Transport Workers' (North West Passenger Vehicles) Award, 198829
Transport Workers' (Passenger Vehicles) Award No. R 47 of 197824
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SCHEDULEB
Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause of this award, an employee shall be paid the following weekly allowances when employed in the towns prescribed hereunder. Provided that where the wages are prescribed as fortnightly rates of pay, these allowances shall be shown as fortnightly allowances.
TOWNPER WEEK
Agnew / $15.40Argyle / $39.90
Balladonia / $15.10
Barrow Island / $26.00
Boulder / $ 6.30
Broome / $24.40
Bullfinch / $ 7.30
Carnarvon / $12.50
Cockatoo Island / $26.80
Coolgardie / $ 6.30
Cue / $15.60
Dampier / $21.20
Denham / $12.50
Derby / $25.40
Esperance / $ 4.70
Eucla / $17.10
Exmouth / $21.90
Fitzroy Crossing / $30.60
Goldsworthy / $13.90
Halls Creek / $34.90
Kalbarri / $ 5.20
Kalgoorlie / $ 6.30
Kambalda / $ 6.30
Karratha / $25.10
Koolan Island / $26.80
Koolyanobbing / $ 7.30
Kununurra / $39.90
Laverton / $15.50
Learmonth / $21.90
Leinster / $15.40
Leonora / $15.50
Madura / $16.10
Marble Bar / $38.10
Meekatharra / $13.40
Mount Magnet / $16.70
Mundrabilla / $16.60
Newman / $14.70
Norseman / $13.00
Nullagine / $38.00
Onslow / $26.00
Pannawonica / $19.80
Paraburdoo / $19.60
Port Hedland / $21.00
Ravensthorpe / $ 8.20
Roebourne / $28.80
Sandstone / $15.40
TOWNPER WEEK
Shark Bay / $12.50Shay Gap / $13.90
Southern Cross / $ 7.30
Telfer / $35.40
Teutonic Bore / $15.40
Tom Price / $19.60
Whim Creek / $24.90
Wickham / $24.20
Wiluna / $15.60
Wittenoom / $33.70
Wyndham / $37.70
(2)Except as provided in subclause (3) of this clause, an employee who has:
(a)a dependent shall be paid double the allowance prescribed in subclause (1) of this clause;
(b)a partial dependent shall be paid the allowance prescribed in subclause (1) of this clause plus the difference between that rate and the amount such partial dependent is receiving by way of a district or location allowance.
(3)Where an employee:
(a)is provided with board and lodging by his/her employer, free of charge; or
(b)is provided with an allowance in lieu of board and lodging by virtue of the award or an order or agreement made pursuant to the Act;
such employee shall be paid 662/3 per cent of the allowances prescribed in subclause (1) of this clause.
The provisions of paragraph (b) of this subclause shall have effect on and from the 24th day of July, 1990.
(4)Subject to subclause (2) of this clause, junior employees, casual employees, part time employees, apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.
(5)Where an employee is on annual leave or receives payment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled.
(6)Where an employee is on long service leave or other approved leave with pay (other than annual leave) he/she shall only be paid location allowance for the period of such leave he/she remains in the location in which he/she is employed.
(7)For the purposes of this clause:
(a)“Dependant” shall mean -
(i)a spouse or defacto spouse; or
(ii)a child where there is no spouse or defacto spouse;
who does not receive a location allowance or who, if in receipt of a salary or wage package, receives no consideration for which the location allowance is payable pursuant to the provisions of this clause.
(b)“Partial Dependant” shall mean a “dependent” as prescribed in paragraph (a) of this subclause who receives a location allowance which is less than the location allowance prescribed in subclause (1) of this clause or who, if in receipt of a salary or wage package, receives less than a full consideration for which the location allowance is payable pursuant to the provisions of this clause.
(8)Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of subclause (1) of this clause shall be such amount as may be agreed between Australian Mines and Metals Association, the Chamber of Commerce and Industry of Western Australia and the Trades and Labor Council of Western Australia or, failing such agreement, as may be determined by the Commission.
(9)Subject to the making of a General Order pursuant to s.50 of the Act, that part of each location allowance representing prices shall be varied from the beginning of the first pay period commencing on or after the 1st day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing), for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest ten cents.
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SCHEDULEC
LOCATION ALLOWANCES - JULY 1999
PRICES / ISOLATION / CLIMATE / TOTALSIndex No. / Prices / Index No. / Isolation / Index No. / Climate / Amount / 50.00%
Maximum Allowance / 100 / $65.60 / 100 / $10.00 / 100 / $5.00 / $80.60 / $40.30
Location
Agnew / 35 / $23.00 / 68 / $ 6.80 / 19 / $0.95 / $30.75 / $15.40
Argyle / 100 / $65.60 / 93 / $ 9.30 / 99 / $4.95 / $79.85 / $39.90
Balladonia / 40 / $26.20 / 40 / $ 4.00 / 0 / $0.00 / $30.20 / $15.10
Barrow Island / 65 / $42.60 / 62 / $ 6.20 / 62 / $3.10 / $51.90 / $26.00
Boulder / 16 / $10.50 / 15 / $ 1.50 / 12 / $0.60 / $12.60 / $ 6.30
Broome / 58 / $38.00 / 71 / $ 7.10 / 73 / $3.65 / $48.75 / $24.40
Bullfinch / 16 / $10.50 / 33 / $ 3.30 / 15 / $0.75 / $14.55 / $ 7.30
Carnarvon / 30 / $19.70 / 43 / $ 4.30 / 18 / $0.90 / $24.90 / $12.50
Cockatoo Island / 63 / $41.30 / 80 / $ 8.00 / 86 / $4.30 / $53.60 / $26.80
Coolgardie / 16 / $10.50 / 15 / $ 1.50 / 12 / $0.60 / $12.60 / $ 6.30
Cue / 37 / $24.30 / 55 / $ 5.50 / 29 / $1.45 / $31.25 / $15.60
Dampier / 51 / $33.50 / 58 / $ 5.80 / 61 / $3.05 / $42.35 / $21.20
Denham / 30 / $19.70 / 43 / $ 4.30 / 18 / $0.90 / $24.90 / $12.50
Derby / 60 / $39.40 / 71 / $ 7.10 / 86 / $4.30 / $50.80 / $25.40
Esperance / 9 / $ 5.90 / 34 / $ 3.40 / 0 / $0.00 / $ 9.30 / $ 4.70
Eucla / 40 / $26.20 / 79 / $ 7.90 / 0 / $0.00 / $34.10 / $17.10
Exmouth / 55 / $36.10 / 53 / $ 5.30 / 49 / $2.45 / $43.85 / $21.90
Fitzroy Crossing / 74 / $48.50 / 87 / $ 8.70 / 80 / $4.00 / $61.20 / $30.60
Goldsworthy / 26 / $17.10 / 66 / $ 6.60 / 83 / $4.15 / $27.85 / $13.90
Halls Creek / 88 / $57.70 / 91 / $ 9.10 / 61 / $3.05 / $69.85 / $34.90
Kalbarri / 14 / $ 9.20 / 12 / $ 1.20 / 0 / $0.00 / $10.40 / $ 5.20
Kalgoorlie / 16 / $10.50 / 15 / $ 1.50 / 12 / $0.60 / $12.60 / $ 6.30
Kambalda / 16 / $10.50 / 15 / $ 1.50 / 12 / $0.60 / $12.60 / $ 6.30
Karratha / 63 / $41.30 / 58 / $ 5.80 / 61 / $3.05 / $50.15 / $25.10
Koolan Island / 63 / $41.30 / 80 / $ 8.00 / 86 / $4.30 / $53.60 / $26.80
Koolyanobbing / 16 / $10.50 / 33 / $ 3.30 / 15 / $0.75 / $14.55 / $ 7.30
Kununurra / 100 / $65.60 / 93 / $ 9.30 / 99 / $4.95 / $79.85 / $39.90
Laverton / 37 / $24.30 / 58 / $ 5.80 / 19 / $0.95 / $31.05 / $15.50
Learmonth / 55 / $36.10 / 53 / $ 5.30 / 49 / $2.45 / $43.85 / $21.90
Leinster / 35 / $23.00 / 68 / $ 6.80 / 19 / $0.95 / $30.75 / $15.40
Leonora / 37 / $24.30 / 58 / $ 5.80 / 19 / $0.95 / $31.05 / $15.50
Madura / 40 / $26.20 / 60 / $ 6.00 / 0 / $0.00 / $32.20 / $16.10
Marble Bar / 100 / $65.60 / 70 / $ 7.00 / 73 / $3.65 / $76.25 / $38.10
Meekatharra / 32 / $21.00 / 44 / $ 4.40 / 29 / $1.45 / $26.85 / $13.40
Mount Magnet / 41 / $26.90 / 48 / $ 4.80 / 33 / $1.65 / $33.35 / $16.70
Mundrabilla / 40 / $26.20 / 70 / $ 7.00 / 0 / $0.00 / $33.20 / $16.60
Newman / 34 / $22.30 / 49 / $ 4.90 / 42 / $2.10 / $29.30 / $14.70
Norseman / 34 / $22.30 / 34 / $ 3.40 / 7 / $0.35 / $26.05 / $13.00
Nullagine / 100 / $65.60 / 75 / $ 7.50 / 58 / $2.90 / $76.00 / $38.00
Onslow / 65 / $42.60 / 62 / $ 6.20 / 62 / $3.10 / $51.90 / $26.00
Pannawonica / 47 / $30.80 / 60 / $ 6.00 / 55 / $2.75 / $39.55 / $19.80
Paraburdoo / 47 / $30.80 / 60 / $ 6.00 / 48 / $2.40 / $39.20 / $19.60
Port Hedland / 51 / $33.50 / 50 / $ 5.00 / 71 / $3.55 / $42.05 / $21.00
PRICES / ISOLATION / CLIMATE / TOTALS
Index No. / Prices / Index No. / Isolation / Index No. / Climate / Amount / 50.00%
Maximum Allowance / 100 / $65.60 / 100 / $10.00 / 100 / $5.00 / $80.60 / $40.30
Location
Ravensthorpe / 18 / $11.80 / 45 / $ 4.50 / 0 / $0.00 / $16.30 / $ 8.20
Roebourne / 73 / $47.90 / 59 / $ 5.90 / 77 / $3.85 / $57.65 / $28.80
Sandstone / 35 / $23.00 / 68 / $ 6.80 / 19 / $0.95 / $30.75 / $15.40
Shark Bay / 30 / $19.70 / 43 / $ 4.30 / 18 / $0.90 / $24.90 / $12.50
Shay Gap / 26 / $17.10 / 66 / $ 6.60 / 83 / $4.15 / $27.85 / $13.90
Southern Cross / 16 / $10.50 / 33 / $ 3.30 / 15 / $0.75 / $14.55 / $ 7.30
Telfer / 90 / $59.00 / 81 / $ 8.10 / 73 / $3.65 / $70.75 / $35.40
Teutonic Bore / 35 / $23.00 / 68 / $ 6.80 / 19 / $0.95 / $30.75 / $15.40
Tom Price / 47 / $30.80 / 60 / $ 6.00 / 48 / $2.40 / $39.20 / $19.60
Whim Creek / 62 / $40.70 / 54 / $ 5.40 / 74 / $3.70 / $49.80 / $24.90
Wickham / 59 / $38.70 / 59 / $ 5.90 / 77 / $3.85 / $48.45 / $24.20
Wiluna / 35 / $23.00 / 68 / $ 6.80 / 29 / $1.45 / $31.25 / $15.60
Wittenoom / 88 / $57.70 / 71 / $ 7.10 / 53 / $2.65 / $67.45 / $33.70
Wyndham / 92 / $60.40 / 100 / $10.00 / 100 / $5.00 / $75.40 / $37.70