Particle Board Industry Award No. 10 of 1978
1. - TITLE
This award shall be known as the "Particle Board Industry Award" No. 10 of 1978.
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. Area and Scope
4. Definitions
5. Term
6. Copy of Award
7. Junior Employees
8. Holidays and Annual Leave
9. Absence through Sickness
10. Compassionate Leave
11. Hours
12. Overtime
13. Meal Money
14. Meal Breaks and Rest Periods
15. Shift Work
16. Payment of Wages
17. Time and Wages Records
18. Right of Entry
19. Under-Rate Employees
20. Contract of Service
21. Casual Employees and Part-time Employees
22. Breakdowns
23. Board of Reference
24. Special Rates and Conditions (Allowances)
25. No reduction
26. Long Service Leave
27. Lower Grade Work
28. Higher Grade Work
29. First Aid Equipment
30. Grievance and Dispute Procedure
31. Traineeships
32. Superannuation
33. Maternity Leave
34. Notice Board
35. Piecework
36. Enterprise Flexibility
Appendix - Resolution of Disputes Requirement
Schedule I - Rates of Pay
Schedule II - Parties to the Award
Schedule III - Schedule of Respondents
Appendix - S.49B - Inspection Of Records Requirements
3. - AREA AND SCOPE
This award shall apply to the Particle Board Industry as carried out in the South West Land Division of the State of Western Australia, excluding the area within a radius of 45 kilometres of the General Post Office, Perth.
4. - DEFINITIONS
(1) "Adult Employee" means an employee over the age of eighteen 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 a tractor, prime mover etc.) and semitrailer 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.
(3) "Junior Employee" means an employee under the age of eighteen years, who is in receipt of less than the prescribed adult rate of wage.
(4) "Leading Hand" means an employee who, while he/she is working, has under their charge or control any adult person or persons, not apprentices or junior employees, who are performing the same class of work as himself/herself, and who has been appointed by the employer to take such charge or control.
(5) "union" means the West Australian Timber Industry Industrial Union of Workers, South West Land Division.
(6) "Part-time" Employee" means an employee who is employed on a regular basis for less than 38 hours per week.
(7) "Double Articulated Vehicle" means an articulated vehicle towing one or more trailers.
(8) "Casual Employee" means an employee who is engaged and paid as such and who shall be paid twenty per cent in addition to the ordinary rate or pay for the class of work performed.
(9) "Probation" A probation period of four weeks from the date of commencement will apply to any person engaged to fill any permanent full-time or part-time position. Notwithstanding anything else contained herein, service during that period may be terminated at a moments notice by either party.
5. - TERM
The term of this award shall be for a period of one year from the beginning of the first pay period commencing after the date hereof.
6. - COPY OF AWARD
A copy of this award shall be kept by each employer at each plant or area office in a position accessible to all employees.
7. - JUNIOR EMPLOYEES
(1) Persons under the age of eighteen 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 other than that covered by Grade 1 in Schedule 1 - Rates of Pay of this award, shall be paid the difference between the adult base rate for Grade 1 and the adult base rate for the classification of work being performed in addition to the rate shown for "Junior Employees" in Schedule 1 - Rates of Pay of this award.
The number of junior employees employed shall not exceed the proportion of one in eight of the total adult employees employed.
8. - HOLIDAYS AND ANNUAL LEAVE
(1) (a) The following days, or the days observed in lieu, shall subject to clause 12. - 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.
(c) 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 is entitled to be paid under the terms of Clause 9. - Absence Through Sickness of the award or by consent of the employer shall not render an employee ineligible for payment for the holiday.
(2) Except as hereinafter provided, a period of four consecutive weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to an employee by his/her employer, after a period of twelve months' continuous service with such employer.
(3) If after one month's continuous service in any qualifying period, an employee terminates employment or employment is terminated by the employer, though 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.
(4) In special circumstances, and by mutual consent of the employer, the employee and the union concerned, annual leave may be taken in not more than three periods.
(5) (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 not more than three periods, but neither 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.
(6) 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 - An employee who would have worked on day work had he/she not been on leave - a loading of 17-1/2 per cent.
(b) Shift Employees - An employee who would have worked on shift work had he/she not been on leave - a loading of 17-1/2 per cent.
Provided that where the employee would have received shift loadings prescribed by clause 15. - Shift Work had he/she not been on leave during the relevant period and such loading would have entitled him/her to a greater amount than the loading of 17-1/2 per cent then the shift loadings shall be added to the rate of wage prescribed in Schedule 1 - rates of Pay.
Provided further, that if the shift loading would have entitled him/her to a lesser amount than the loading of 17-1/2 per cent then such loading of 17-1/2 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.
The loading will not be immediately payable on leave taken in advance of completing a period of 12 months' continuous service but will be paid on such leave upon completing the respective period of twelve months continuous service.
(7) 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.
(8) Any time in respect of which an employee is absent from work, except time for which he/she is 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 his/her right to Annual Leave.
(9) In the event of an employee being employed by an employer for portion only of a year, he/she shall only be entitled subject to subclause (3) of this clause, to such leave on full pay as is proportionate to his/her length of service during that period with such employer, and if such leave is not equal to the leave given to other employees, he/she shall not be entitled to work or pay whilst the other employees of such employer are on leave on full pay.
(10) In addition to any payment to which he/she may be entitled under subclause (3) of this clause, an employee whose employment terminates after he/she has completed a twelve monthly qualifying period and who has 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 subclause (4) or (5) of this clause apply, in lieu of so much of that leave as has not been allowed unless -
(a) he/she has been justifiably dismissed for misconduct; and
(b) the misconduct for which he/she has been dismissed occurred prior to the completion of that qualifying period.