Timber Workers Award No. 36 of 1950
1. - TITLE
This award shall be known as the Timber Workers Award No. 36 of 1950 as amended and consolidated.
2. - ARRANGEMENT
1. Title
2. Arrangement
3. Area and Scope
4. Definitions
5. Contract of Service
6. Probation
7. Breakdowns
8. Copy of Award
9. Junior Employees
10. Apprentices
11. Holidays and Annual Leave
12. Absence through Sickness
13. Compassionate Leave
14. Hours of Work
15. Meal Breaks and Rest Periods
16. Overtime
17. Meal Money
18. Shift Work
19. Payment of Wages
20. Record
21. Right of Entry
22. No Reduction
23. Long Service Leave
24. Tools to be Supplied
25. Bush Employees
26. Rents for Houses and Huts
27. Sleeping Accommodation
28. First Aid
29. Notice Board
30. Classification of Benches
31. Sawyer to have Puller-Out
32. Piecework
33. Measuring Logs
34. Out of Hours Watching Duties
35. Special Rates and Conditions
36. Board of Reference
37. Maternity Leave
38. Airconditioning
39. Part Time Work
40. Under-Rate Employees
41. Dispute Settlement
42. Traineeships
43. Lower Grade Work
44. Higher Grade Work
45. Superannuation
46. Enterprise Agreements
47. Travelling
48. Motor Allowance
49. Redundancy
49A Notification of Change
50. Consultative Mechanism
51. Work Flexibility
52. Rates of Pay
Appendix - Resolution of Disputes Requirements
Schedule 1 - Parties to the Award
Schedule 2 - Schedule of Respondents
Appendix - S.49B - Inspection Of Records Requirements
3. - AREA AND SCOPE
(1) This award shall apply to the Timber Industry as carried out in the South - West Land Division of Western Australia excluding the area within a radius of 45 kilometres of the General Post Office, Perth.
(2) This award shall also apply to the Woodchip Industry as carried out in the South - West Land Division of Western Australia excluding the area within a radius of 45 kilometres of the General Post Office, Perth, including all bush operations, transport of timber, processing, handling, transport and despatch of woodchips.
(3) Notwithstanding the provisions of subclause (2), this award shall not apply to Pine Hauliers Pty Ltd, Bunbury; R. & N. Palmer Pty Ltd, Bunbury and D. Cutts, Manjimup in respect of transport classifications only.
4. - DEFINITIONS
(1) "Adult Employee" means an employee over the age of nineteen 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 tractor, prime-mover etc.) and semi-trailer 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, but this definition does not apply to 2 axle log loaders.
(3) "Double Articulated Vehicle" means an articulated vehicle towing one or more trailers.
(4) "Utility Person" means an employee who has not served an apprenticeship as a carpenter but who does carpentry work on buildings and maintains mills and mill housing.
(5) "Junior Employee" means an employee under the age of nineteen years, who is in receipt of less than the prescribed adult rate of wage.
(6) "Kiln Attendant" means an employee who attends and fires boilers and records temperatures in the process of the kiln operation.
(7) "Kiln Operator" means an employee who operates a drying kiln and is responsible for the temperature readings and records thereof.
(8) "Leading Hand" means an employee who has under his or her charge or control any person or persons, and who has been appointed by the employer to take such charge or control.
(9) "Setting Up Machine" means the fitting of machine heads or cutter blades to any machine engaged in the process of changing the profile or size of timber, resetting and adjusting the machine heads and checking the accuracy of the finished product by using gauges and measuring devices.
(10) "Main Docker" means the docker at which most timber is docked in a mill where there are two or more dockers. It shall also include the docker in a mill where one docker only is used. In a sawmill where the breaking down bench feeds two dockers with approximately equal quantities of timber, the two dockers shall be rated as main dockers.
(11) "Mill or Yard Hand" means an adult employee who is employed upon work for which a wage rate is not elsewhere provided.
(12) "Millwright" means a tradesperson who constructs sawmills, installs machinery therein, and maintains such sawmill and machinery.
(13) "Responsible person at main docker" means either the person in-charge of the main docking saw or the person who keeps check of or tallies and grades timber cut at the saw.
(14) (i) "Saw Doctor" means a tradesperson employed in the hammering, grinding, re-tooling and tensioning of saws.
(ii) "Specialist Saw Doctor" means an employee who may be required to manufacture from blank ribbon steel band saws of varying widths and who punches teeth, grinds teeth, swages and sets, hard tips teeth, tensions and levels circular saws, grinds, sharpens and sets circular saws, maintains chain saw chains, hand saws and who when required, is responsible for the training of other employees.
(15) "Saw Filer" means an employee engaged in the gulleting, sharpening and setting of circular saws and handsaws and the swage shaping and sharpening of bandsaws.
(16) "Tallyperson" is an employee who, by grading and/or measuring and/or calculating quantities, keeps an account of timber, and does not include one who merely measures lengths of timber or merely counts timber by pieces.
(17) "Timber Grader" shall mean an adult employee who grades timber according to quality as per applicable grading rules.
(18) "Union" means the West Australian Timber Industry Industrial Union of Workers, South-West Land Division.
(19) "Casual Employee" is one who is engaged and paid as such and who shall be paid twenty per cent in addition to the ordinary rate of pay for the class of work performed.
(20) "Part Time Employee" is one who is employed on a regular basis for less than 38 hours per week.
(21) "Stacker" shall mean an adult employee who pulls timber from a conveyor for block stacking, who blocks stacks of timber after removal from a conveyor; stacks timber for seasoning by stripping or other means or who handles timber with a cross section over 25000mm2 with or without mechanical assistance.
(22) "Kiln Controller" means an employee who has had three years' experience in kiln drying and who has successfully completed the CSIRO course of kiln drying of timber and who supervises and carries out the whole of the work involved in the kiln seasoning of timber including the preparation of dry schedules and re-calculation of moisture content.
(23) "Specialist Millwright" means an employee who installs, repairs and maintains complex machinery and equipment which utilises hydraulic or pneumatic principles and who in the course of such work is required to read and understand hydraulic and pneumatic circuitry which controls fluid power systems.
5. - CONTRACT OF SERVICE
(1) Except in the case of a pieceworker or a casual employee the contract of service shall be by the week terminable by one week's notice by either party given on any working day, or by the payment or forfeiture, as the case may be, of one week's wages provided that such notice may be waived by the consent in writing of both parties.
(a) Where an employee terminates employment -
(i) without giving the notice referred to in subclause (1) of this clause; or
(ii) having given such notice, terminates before the notice expires;
will forfeit entitlement to any monies owing under this award except to the extent those monies exceed ordinary wages for the period of notice which should have been given.
(b) In a case to which paragraph (a) of this subclause applies -
(i) the contract of service shall, for the purpose of this award, be deemed to have terminated at the time at which the employee was last ready, willing and available for work during ordinary working hours under the contract; and
(ii) the provisions of subclause (2) of this clause shall be deemed to have been complied with if the employee pays to the employer, whether by forfeiture or otherwise, an amount equivalent to the employee's ordinary wages for the period of notice which should have been given.
(2) Subject to the provisions of this clause, a party to a contract of service may, on any day give to the other party, the appropriate period of notice of termination of the contract prescribed in subclause (1) of this clause and the contract terminates when that period expires.
(3) An employee shall not be entitled to payment for any time during which he/she is absent from his/her employment except as provided in Clause 11. Holidays and Annual Leave and Clause 12. - Absence Through Sickness of this award.
(4) The employer may at any time dismiss an employee without notice for conduct that justifies instant dismissal and an employee so dismissed shall be paid for the time worked up to the time of dismissal only.
(5) Casual employees:
(i) The period of termination in the case of a casual employee shall be one hour.
(ii) If the required notice of termination is not given one hour's wages shall be paid by the employer or forfeited by the employee.
6. - PROBATION
A probation period of four weeks from the date of commencement will apply to any person engaged to fill any full-time or part-time position. Notwithstanding any provisions contained in this award to the contrary, the contract of service of a person during that period may be terminated without notice by either party.
7. - BREAKDOWNS
(1) The employer may deduct payment for any day or portion of a day an employee (including an apprentice) cannot be usefully employed because of any strike by or participation in any strike by the union, by any branch of the union, or by any members or member of the union, employed by the employer, or because of any strike by or participation in any strike by any other union, branch of any other union, or members or member of any other union employed by the employer, or because of any breakdown of machinery or because of any other stoppage of work for any other cause for which the employer cannot be held responsible provided that no deduction shall be made for the first two hours of any such breakdown or other stoppage.
(2) So as to obviate as far as possible loss of time to the employee, all plant and machinery shall be kept in a reasonable state of repair by the employer, and every effort shall be made by him/her to ensure a constant supply of logs at the mill.
8. - COPY OF AWARD
A copy of this award shall be kept by each employer at each mill or area office in a position accessible to all employees.
9. - JUNIOR EMPLOYEES
(1) Persons under the age of nineteen 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 doing work other than that covered by Timber Industry Employee - Group 1 as provided by Clause 52. - Rates of Pay subparagraph (1)(b)(i) of this award shall be paid the difference between the adult base rate for Group 1 and the adult base rate for the classification of the work being performed in addition to the rate shown in clause 52. - Rates of Pay subclause (5) Junior Employees of this award.
10. - APPRENTICES
Apprentices may be employed in accordance with the requirements of the Industrial Training Act 1975, General Apprenticeship Regulations 1978 and the Apprenticeship Training Regulations 1978.
11. - HOLIDAYS AND ANNUAL LEAVE
(1) (a) The following days, or the days observed in lieu shall, subject to Clause 16. - 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.
(2) 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 produces a medical certificate from a medical practioner dated at the time of the absence or is absent by consent of the employer shall not render an employee ineligible for payment for the holiday.
(3) Except as hereinafter provided, a period of four weeks' leave with payment of ordinary wages as prescribed shall be allowed annually to an employee by his/her employer, after each period of twelve months' continuous service with such employer.