Pipe, Tile and Pottery Manufacturing Industry Award
1. - TITLE
This award shall be known as the "Pipe, Tile and Pottery Manufacturing Industry" Award and shall replace the Pottery Workers (Pipe and Tile Section) Award No. 24 of 1969 as amended and the "Pottery Workers (C.R. Courtland Pty. Limited)" Award No. 31 of 1965 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.Mixed Functions
13.Meal Interval
14.Payment of Wages
15.Time and Wages Record
16.Union Notices and Posting of Award
17.Inspection by Union
18.Absence Through Sickness
19.Holidays
20.Annual Leave
21.Bereavement Leave
22.Long Service Leave
23.General
24.Protective Clothing
25.Under Rate Workers
26.Board of Reference
27.Preference to Unionists
28.Breakdowns, Standing Down of Employees, etc.
29.First Aid Allowance
30.Supply and Issue of Safety Equipment
31.Maternity Leave
32.Redundancy
33.Settlement of Disputes, Claims and Grievances
34.Enterprise Flexibility
Appendix - Resolution of Disputes Requirements
Appendix
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 Pipe, Tile and Pottery 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 from the date hereof.
6. - DEFINITIONS
(1)"Leading Hand" shall mean a worker who is appointed as such by the employer and who in addition to his or her ordinary duties is required to supervise other workers.
(2)"Casual Worker" shall mean a worker specifically engaged as such for a specified period of time less than one month.
(3)Machine Attendant Grade A - means a worker employed as such, and who attends the operation of pans, screens, rolls, mixers and pugmills.
(4)Machine Attendant Grade B - means a worker employed as such, and who checks and monitors glaze supply, dry ware sorting, and is engaged in green or dry ware handling or any other repetitive manual processes.
(5)Forklift Driver - means a worker employe as such and who drives a forklift to service production output.
7. - CONTRACT OF SERVICE
(1)During the first month of employment one day's notice on either side shall be necessary to terminate the employment.
(2)After the first month one week's notice on either side shall be necessary to terminate the employment.
(3)In the event that this period of notice is not given:
(i)by the employer, the employer shall pay wages equivalent to the period of notice.
(ii)by the employee, the employee shall forfeit wages equivalent to the period of notice.
(4)Provided that an employer at any time may dismiss an employee for misconduct, in which case wages shall be paid up to the point of dismissal.
(5)The contract of service of a casual worker shall be on an hourly basis. One day's notice on either side shall be necessary to terminate the employment.
(6)In the event of redundancy, the required period of notice is increased by the provisions of Clause 32 of this award.
8. - HOURS
(1)Except as otherwise prescribed in this award, the ordinary working hours shall be an average of 38 hour 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 fourteen consecutive days; or
(iii)114 hours within a work cycle not exceeding twenty-one consecutive days; or
(iv)152 hours within a work cycle not exceeding twenty-eight 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 a.m. and 6.00 p.m.
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)Where such time off duty as prescribed in subclause (1) of this clause falls on a Public Holiday as prescribed in Clause 19. - Holidays, the next working day shall be taken in lieu of the time off unless an alternative day in that work cycle is agreed in writing between the employer and the employee.
(3)Each day of paid leave entitlements taken and any public holiday occurring during any cycle of work, shall be regarded as a day worked on accrual purposes.
(4)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 in the plant or establishment concerned.
(5)Different methods of implementation of a 38 hour week may apply to various groups or sections of employees in the plant or establishment concerned.
(6)Notice of Days Off Duty:
(a)Except as provided in subclause (5) hereof, in cases where, by virtue of the arrangement of his or her ordinary working hours, an employee, in accordance with paragraphs (c) and (d) subclause (1) hereof, is entitled to a day off duty during his or her work cycle, such employee shall be advised by the employer at least four weeks in advance of the day he or she 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.
(7)(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.
(8)The provisions of this clause shall not apply to casual employees.
9. - OVERTIME
(1)Except in the case of burners and 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 Sunday 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)When a worker is required for duty during any meal time whereby his or her meal is postponed for more than one hour, the worker shall be paid at overtime rates until he or she gets the meal.
(e)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 burners and shift workers :
(a)All work performed outside the rostered hours of duty shall be deemed overtime and paid at the rate of double time.
(b)All rostered work performed on:
(i)Saturday shall be paid at the rate of time and one half for the first two hours worked and double time thereafter.
(ii)Sundays shall be paid at the rate of double time.
(iii)Holidays, as prescribed in Clause 19. - Holidays of this award shall be paid at the rate of double time. Provided that these rates shall apply in lieu of the rates prescribed in subclause (2) of Clause 10. - Shift Work of this award.
(c)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 rates shall apply; or
(iii)If it is for the purpose of effecting the customary rotation of shifts.
(d)When a worker is required for duty during the worker's usual meal time and the meal time is thereby postponed for more that one hour he or she shall be paid at overtime rates until the meal time is taken.
(3)(a)An employee required to work overtime for more than two hours without being notified on the previous day or earlier that he/she will be so required to work, shall be supplied with a meal by the employer or paid $5.55 for a meal.
(b)If the amount of overtime to be worked necessitates a second or subsequent meal, the employer shall, unless the employer has notified the employee(s) concerned the previous day or earlier that such second of subsequent meal will also be required, provide such meals or pay an amount of $3.35 for each second or subsequent meal.
(c)If an employee as a result of receiving notice referred to in paragraph (a) hereof has provided himself or herself with a meal and is not required to work overtime, he or she shall be paid the amount prescribed in paragraph (a) hereof in respect of the meal not required.
(4)Rest Period: Except for Kiln Burners and Double shifts during week days :
(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 during week days.
(b)A worker (other than a casual worker) who works so much overtime between the termination of his or her ordinary work on one day and the commencement of his or her ordinary work on the next day that he or she not has had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until he or she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c)If, on the instruction of the employer, such a worker resumes or continues work without having had such ten consecutive hours off duty, he or she shall be paid at double rates until he or she is released from duty for such period and the worker shall then be entitled to be absent until he or she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(d)Provided that in cases of emergencies, the ten consecutive hours of duty as mentioned in subclause (c) above shall be substituted by eight consecutive hours of duty.
(5)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.
(6)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. Failing agreement, the hours of shift workers shall be fixed by the Board of Reference.
(2)Any worker employed on an afternoon shift or night shift shall in addition to the ordinary rate of pay as prescribed in Clause 11. - Wages, be paid an allowance of 15% of the ordinary rate prescribed for their class of work per shift worked.
(3)(a)Where any particular process is carried out on shifts other than day shifts and less than five consecutive afternoon or five consecutive night shifts are worked on that process, then workers employed on such afternoon or night shifts shall be paid at overtime rates.
(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 on any holiday. Provided that this subclause shall not apply to Burners.
(4)Where any worker, having ceased work and having left the factory, is recalled to work the whole or part of any shift over and above his or her rostered hours, such time shall be paid for at the rate of double time. A minimum of three (3) hours shall be paid on a recall and this is to be paid at the rate prescribed by this clause.
(5)Where a worker is not required to work a shift in accordance with his or her normal roster because of any of the holidays prescribed in Clause 19. - Holidays of this award the worker shall be paid the shift loading prescribed in subclause (2) of this clause for that shift.
11. - WAGES
(1)(a)The following shall be the minimum rates of wages payable to employees covered by this award.
Classification / Rate Per Week / Supplementary Payment / TOTALADULT EMPLOYEES / $ / $ / $
Machine Attendant Grade A / 347.00 / 375.80 / 722.80
Machine Attendant Grade B / 336.20 / 375.00 / 711.20
Fork Lift Driver / 357.20 / 369.40 / 726.60
Millman Mixer / 343.20 / 375.70 / 718.90
Moulder / 343.20 / 375.70 / 718.90
Thrower / 343.20 / 375.70 / 718.90
Setter Drawer / 341.40 / 369.80 / 711.20
Junction Sticker / 339.80 / 371.40 / 711.20
Pipe Machine Operator / 336.20 / 378.90 / 715.10
Taker Off Pipes (Fully Automatic) / 336.20 / 371.20 / 707.40
Lathe Machine Operator / 336.20 / 378.90 / 715.10
Panperson / 336.20 / 375.00 / 711.20
Taker Off Tiles / 336.20 / 371.20 / 707.40
Gang Tile Drawer (Caversham) / 336.20 / 371.20 / 707.40
Pot Machine Operator (Large) and/or Vent Machine Operator / 336.20 / 386.60 / 722.80
Burnt Ware Sorter (Pipe Tester) / 334.40 / 373.00 / 707.40
Plant Attendant Oiler / 334.40 / 369.10 / 703.50
Pipe Drawer Assistant / 332.10 / 371.40 / 703.50
Forking Tiles (Caversham) / 332.10 / 371.40 / 703.50
Packer (Dispatch) / 332.10 / 371.40 / 703.50
Hand Colour Sprayer / 332.10 / 375.30 / 707.40
Slipper / 332.10 / 371.40 / 703.50
Cleaner (Flue and Oil Burner) / 332.10 / 371.40 / 703.50
Ridge Maker / 332.10 / 375.30 / 707.40
All Others / 322.50 / 373.30 / 695.80
(b)The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.