Ship Painters' and Dockers' Award
1. – TITLE
This award shall be known as the “Ship Painters’ and Dockers’” Award No. 29 of 1960 as varied and consolidated, and replaces awards numbered 7 and 7A of 1956.
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 $708.90 per week payable on and from the commencement of the first pay period on or after 1 July 2017.
(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 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.
(10)Adult Apprentices
(a)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.
(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
2A.State Wage Principles – September 1989
2B.Structural Efficiency
3.Area and Scope
4.Term
Division I – General Provisions Applicable to All Employees Except Where Otherwise Provided
1.Meal Money
2.Payment of Wages
3.Special Rates
4.Dirty or Obnoxious Work and Cleaning Vessels After Obnoxious Cargoes
5.Non Accumulation of Special Rates
6.Working in Water
7.Lighting and Ventilation
8.Prevention of Accidents
9.Protective Clothing and Equipment
10.First Aid Facilities
11.Accommodation
12.Ships’ Crews
13.Compassionate Leave
14.Union Meetings
15.Time and Wages Records
16.Right of Entry
17.Definitions
Division II – This Division Shall Apply to Permanent Employees as Defined in Clause 17. – Definitions of Division I of This Award Except Where Otherwise Provided
1.Hours of Work
2.Meal Times
3.Work During Meal Times
4.Rates of Wages
5.Higher Duties
6.Overtime
7.Saturday, Sunday and Holiday Work
8.Holidays
9.Annual Leave
10.Sick Leave
11.Long Service Leave
12.Rest Periods
13.Fares and Travelling Time
14.Contract of Service
Division III – This Division Shall Apply to Employees Who Are Employed as “Registered Casual Employees” and “Unregistered Casual Employees” as Defined in Clause 17. – Definitions, of Division I of This Award, Except Where Otherwise Provided
1.Hours of Work
2.Meal Times
3.Work During Meal Times
4.Rates of Wages
5.Overtime
6.Saturday, Sunday and Holiday Work
7.Public Holidays, Annual Leave and Sick Leave – Registered Casual Employees
8.Long Service Leave
9.Rest Periods
10.Travelling Time
11.Guarantee of Earnings – Registered Casual Employees
12.Minimum Period of Engagement
13.Engagement of Employees
14.Attendance Money
Division IV – Ship Building and/or Repairing
1.Contract of Service
2.Rates of Wages
3.Higher Duties
4.Under Rate Employees
5.Hours
6.Implementation of 38 Hour Week
7.Overtime
8.Shift Work
9.Payment of Wages
10.Car Allowance
11.Fares and Travelling Time
12.Holidays and Annual Leave
13.Absence Through Sickness
14.Long Service Leave
15.Posting of Award and Union Notices
Appendix – Resolution of Disputes Requirement
Schedule “A” – Respondents
Appendix – S.49B – Inspection Of Records Requirements
2A. – STATE WAGE PRINCIPLES – SEPTEMBER 1989
It is a term of this award that the union undertakes for the duration of the Principles determined by the Commission in Court Session in Application No. 1940 of 1989 not to pursue any extra claims, award or over award except when consistent with the State Wage Principles.
2B. – STRUCTURAL EFFICIENCY
Arising out of the decision of August 7, 1989, in the National Wage Case (Print No. 9100) and the State Wage Case on September 8, 1989 and in consideration of the wage increase resulting from the first 3% Structural Efficiency adjustment, employees are to perform a wider range of duties associated with the main tasks or functions consistent with the application of the Structural Efficiency principles, as agreed between the parties.
3. – AREA AND SCOPE
This award shall operate –
(1)Within the ports of Fremantle and Perth and within the Fishing Boat Harbour, Fremantle.
(2)On and about all slipways and shipyards contiguous with the said ports or harbour.
(3)Within the land and premises occupied by the Department of Marine and Harbours near Fishmarkets Jetty, Fremantle, and known as the boatyard and store.
And shall apply to all employees employed by the respondents set out in the schedule marked “A” and annexed hereto, in the maintaining, repairing, cleaning, fitting and such like work (including slipping and unslipping) on or about vessels of all description or any other class of work hitherto usually performed by ship painters and dockers.
4. – TERM
The term of this award shall be a period of three years from the beginning of the first pay period commencing after the date of delivery of the award. (This award was delivered on the 26 th day of September, 1961).
Division I. – General Provisions Applicable to All Employees Except Where Otherwise Provided
1. – MEAL MONEY
(1)Employees required to work after the tea meal hour on any day Monday to Sunday, both inclusive, or after the midday meal on any Saturday or Sunday, without being notified the previous day that the work would extend beyond the midday meal hour except when employment commences at or after 3.00pm, shall be paid a meal allowance of $8.50. This payment shall not be paid if the employer provides the necessary meal.
(2)Where reasonably practicable, employers shall give notice of the intention to work overtime not less than three hours before the commencement of work on the day upon which such overtime is to be worked.
(3)The amount of the meal money prescribed herein shall be varied in accordance with any variation to the meal money paid to Waterside Workers under the Waterside Workers’ Award.
2. – PAYMENT OF WAGES
(1)Wages shall be paid weekly to permanent employees and registered casual employees. Provided that unregistered casual employees discharged at or before 3.00pm on the ordinary working day shall be paid on the same day. In all other cases, wages shall be paid before 11.00am on the following working day. Wages shall be paid within a quarter of an hour of the time specified; if paid after the said quarter of an hour has elapsed, waiting time shall be paid for at the employee’s last rate for every quarter of an hour beyond the first quarter of an hour. Any fraction of a quarter of an hour shall be paid for as a full quarter of an hour.
(2)Wages shall be paid according to the scale for the time in respect to which they are payable. Broken time shall be paid to the next quarter hour.
3. – SPECIAL RATES
The following rates, additional to the rates set out in Clause 4. – Rates of Wages, of Division II and III and Clause 2. – Rates of Wages, of Division IV of this award, shall be paid for the categories of work set out hereunder:-
CentsPer Hour(1) / (a) When working in scavenge trunkways, sanitary soil tanks and oil tanks which have been in service, including -
double bottom tanks, drain tanks, settling tanks, wing tanks, storage gravity tanks, deep cargo tanks / $1.26
(b) When working in ballast tanks, fresh water tanks, salt water tanks, caissons, airtight compartments and air receivers, including -
double bottom tanks and cofferdams, peak tanks chain locker and transom space, trimming tanks, ballast deep tanks / $ .50
When working at any of the places referred to in (b) which have been in service / $ .87
(c) Cleaning engine crankcases externally or internally, cleaning engine room tank tops, cleaning boiler room tank tops, cleaning tunnel tank tops and tunnel well, cleaning bilges and holds, engine room, stokehold and tunnel, smoke boxes, furnaces, engine uptakes / $ .75
(d) When directly associated with the cleaning of -
(i) Oil Fired / $1.26
(ii) Coal Fired / $ .75
(e) When wire brushing by hand -
in any of the spaces included in paragraph (b) hereof / $ .60
in any other enclosed space, or partly enclosed space such as cabins, pantries, lockers and fan rooms / $ .12
(2) / (a) When working in docks or in slipways on scraping, scaling, scrubbing and painting the external under water parts of vessels’ hulls from loadline to keel and/or removing refuse from the bottom of docks or slipways / $ .50
Provided that employees engaged on the duties just described who are working alongside tradesmen in the same situation for which the latter are entitled to a rate greater than the said $0.45 shall be paid such additional rate.
(b) When working from stages slung from dockyard cranes, painting the external parts of vessels above the loadline excluding work performed whilst working from an hydraulic platform / $ .38
(c) General painter and docker when working at the South Mole Slipway flaking out, chipping, oiling and painting anchors and cables / $ .38
(d) Employees operating shotblasting, sandblasting, and metal spraying machines / $ .95
(e) When using hydraulic blast cleaning the external parts of vessels / $ .95
(f) Employees docking and undocking vessels, slipping and unslipping vessels, shifting ship, winch driving (other than when done as part of a riggers job and excluding work done by Waterside Workers on cargo) Hatchmen / $ .65
(g) Spray painting / $ .65
(h) Removing composition or cement flooring, or repairing insulation / $ .50
(i) Tarring of vessels or applying flintcote, rosebanite, res-q-steel or compositions of a similar nature but not including preparations which are applied cold with an ordinary paint brush -
1. If working in a confined space / $ .86
2. Otherwise / $ .50
(j) Employees operating automatic scaling and/or chipping machines, jackhammers, rotary wire brushes, flame scalers, or other power tools for chipping, cleaning and scaling / $ .65
Provided that no such pneumatic machine shall be used in any confined place, entrance to which is gained through a manhole or other similar opening, except in cases where the conditions are such as to render the work incapable of performance except with the use of pneumatic machines in which case such machines may be used for such extra rates as may be agreed upon.
Failing agreement as to the necessity for the use of such machines or as to the rate to be paid, the same shall be determined by a Board of Reference.
(3) / (a) When performing work directly associated with cleaning from holds the residues of bulk wheat, cement, coal, iron ore, carbon black, sulphur, phosphates and like obnoxious cargoes or as otherwise determined by the Board of Reference / $ .50
(b) When working for more than one hour in places where the temperature is reduced by artificial means. Below 0 ° Celsius / $ .29
(c) An employee, when he is performing duties which bring him into contact with obnoxious cargoes, carrying in the case of Waterside Workers an extra rate, or where working in the vicinity of such cargoes while being handled by Waterside Workers, and in such case is subject to the same disability as the Waterside Workers, should be paid the extra rate in addition to the rate otherwise payable to him.
(4) / When handling slag wool, insulwool or other material of a like nature used for providing insulation against heat, cold or noise shall when so employed be paid. / $ .38
Provided that employees directly assisting tradesmen handling these materials or other material of a like nature shall be paid the same allowances as are prescribed for such tradesmen from time to time.
Provided further that laggers when working with such materials in the same situation where a tradesman is entitled to an additional rate therefore, shall be paid such additional rate.
(5) / Working in Submarines :-
(a) When working inside the hull, including the fin and external casings, but excepting the compartments referred to in paragraphs (b) and (c) hereunder / $ .54
(b) When working in the torpedo tube compartment, bilges, machinery, 42rganizat machine and asdic compartments / $ .89
(c) When scraping, scaling or painting in tanks including external and M tanks and torpedo tubes / $1.85
(6) / (a) The provisions of this clause shall not apply to employees employed by -
Fremantle Port AuthorityThe Honourable Minister for Works in respect to the Public Works DepartmentThe Honourable Minister for Transport in respect of the Department of Marine and HarboursThe State Shipping Service.
(b) For such employees the provisions of Clause 10. – Special Rates of the award, in effect immediately prior to the 24 th December, 1982 shall continue to apply.
4. – DIRTY OR OBNOXIOUS WORK AND CLEANING VESSELS AFTER OBNOXIOUS CARGOES
Work which is unusually obnoxious or of an objectionable nature and for which no other special rates are prescribed by this award, shall be paid an extra amount as agreed upon between the representative of the employer and of the union. If no agreement can be reached, the matter shall be referred to the Board of Reference for decision. No stoppage of work shall take place pending such decision.
If in any case for which special rates are prescribed, the Board of Reference decides that there exists any obnoxious, nauseating or objectionable feature to a degree which is exceptionally and unreasonably abnormal or unusual for such type of work, the Board may award such extra rate as it thinks fit for such work, in addition to those set out in Clause 3. – Special Rates of this award.
5. – NON ACCUMULATION OF SPECIAL RATES
Except for payments arising under paragraph (c) of of subclause (3) of Clause 3. – Special Rates, of this Division of this award, where more than one of the disabilities entitling an employee to special rates exist on the same job, the employer shall be bound to pay only one rate, namely the highest, for the disabilities so prevailing.
6. – WORKING IN WATER
Employees shall not be required to go into water to scrub the bottom of vessels, nor shall they be required to commence painting on the bottom until the part of the dock or slip on which they are required to stand has been swept. Employees shall not be required to go into the tanks or punts while there is water in them, unless it is to remove or clear out the water.
7. – LIGHTING AND VENTILATION
The employer shall provide an efficient system of lighting and ventilation on all jobs, where necessary.
All manhole doors shall be removed from tanks and boilers while employees are working in them.
8. – PREVENTION OF ACCIDENTS
(1)Employees shall not be required to use long handled brushes, rollers, brooms or scrapers on swinging stages of single plank width in dry docks or slips or on extension ladders when extended.
(2)Stage planks shall be of suitable strength and shall be fitted with life lines. Life lines shall be extended the full length of the staging.