Western Australian Surveying (Private Practice) Industry Award, 2003 - The
PART 1 - APPLICATION AND OPERATION OF AWARD
1.1 - AWARD TITLE
This Award is to be known as The Western Australian Surveying (Private Practice) Industry Award, 2003, and shall replace The Western Australian Surveying (Private Practice) Industry Award, 1989 (No A 2 of 1988).
1.2. - ARRANGEMENT
This Award is arranged as follows:
Part 1 - Application and operation of Award
1.1Award Title
1.2Arrangement
1.3Area of Application
1.4Scope
1.5Term
1.6Definitions
Part 2 - Award Flexibility and Workplace Facilitation
2.1Structural Efficiency
Part 3 - Communication, Consultation and Dispute Resolution
3.1Settlement of Disputes
Part 4 - Employer and Employees Duties, Employment Relationship and Related Arrangements
4.1Contract of Service
4.2Existing Contracts of Employment
4.3Certificate of Service
Part 5 - Salaries and Related Matters
5.1Salaries
5.2Payment of Salaries
5.3Minimum Adult Wage
5.4Superannuation
5.5Record
Part 6 - Hours of Work, Breaks, Overtime, Shiftwork, Weekend Work
6.1Hours of Work
6.2Overtime
Part 7 - Leave of Absence and Public Holidays
7.1Public Holidays
7.2Annual Leave
7.3Absence through Sickness
7.4Carer’s Leave
7.5Bereavement Leave
7.6Parental Leave
7.7Long Service Leave
7.8Continuing Professional Development Leave
7.9Jury Service Leave
Part 8 - Transfers, Travelling and Working Away from Usual Place of Work
8.1Vehicle Allowance
8.2Fares and Travelling Time
8.3Distant Work and Allowances
8.4Location Allowances
Part 9 - Miscellaneous
9.1Protective Equipment
9.2Right of Entry
9.3Inspection of Records Requirements
9.4Liberty to Apply
Schedules
Schedule of Respondents covered by this Award
1.3 - AREA OF APPLICATION
This Award shall operate throughout the State of Western Australia and shall include those areas which are described in Section 3 of the Industrial Relations Act 1979.
1.4 - SCOPE
(1)Subject to subclause (2), this Award shall apply to all persons employed in the surveying (private practice) industry eligible to be members of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch, the Association of Professional Engineers Australia, (Western Australian Branch), Organisation of Employees or the Australian Municipal, Administrative, Clerical and Services Union of Employees, Western Australian Branch and employed in the classifications defined in Clause 1.6. - Definitions and employed by employers who are wholly or mainly engaged in any branch or branches of the surveying (private practice) industry.
(2)This award does not apply to the hydrographic surveying branch of the industry.
1.5 - TERM
The term of this Award shall be for a period of two years from the beginning of the first pay period commencing on or after 16 June 2003.
1.6 - DEFINITIONS
(1)Industry Definition
Surveying is the process of determining the nature, size, shape, position, limits and physical or administrative attributes of natural or artificial boundaries, features, objects, land parcels, or engineering works, above or below the earth's surface. It includes the acquisition, management, interpretation and analysis of data; the portrayal and dissemination of derived information in written, graphical, numerical, digital, photographic or magnetic media; and associated consulting, design, administration, management and technical support activities.
(2)Unions
Unions in this Award shall be the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union of Workers - Western Australian Branch, the Association of Professional Engineers Australia, (Western Australian Branch), Organisation of Employees and the Australian Municipal, Administrative, Clerical and Services Union of Employees, Western Australian Branch.
(3)Professional Definitions
(a)'Experienced Surveyor'
Shall mean a person engaged as such, as defined, who has post-graduate qualifications in an industry - relevant discipline acceptable to the Institution of Surveyors, Western Australia Incorporated, and who is eligible for corporate membership of the Institution of Surveyors Australia or Institution of Engineering and Mining Surveyors of Australia, or has had a minimum of two years experience on professional surveying duties since graduating as a surveyor.
(b)'Cadastral Surveyor'
Shall mean a person who is engaged as such and who is licensed in accordance with the provisions of the Licensed Surveyors Act, 1909-1976, as amended and is a holder of current practicing certificate issued by the Land Surveyors Licencing Board.
(c)'Experienced Town Planner'
Shall mean a person employed as such, who has qualifications at least equal to those necessary for corporate membership of the Royal Australian Planning Institute.
(d)'Engineering Surveyor'
Is a person employed as such, by virtue of post-graduate experience, and is a Surveyor as defined in Clause 1.6(3)(a), and who is eligible for corporate membership of the Institution of Engineering and Mining Surveyors Australia.
(e)'Mining Surveyor'
Shall mean a person engaged as such and as defined in Clause 1.6(3)(a) and who is authorised in accordance with the provisions of the Mines Regulations Act 1946-1994 as amended, and carries out survey work associated with mineral extraction industries.
(f)Professional Engineers
(i)'Professional Engineering Duties'
Shall mean duties carried out by a person in any particular employment the adequate discharge of any portion of which duties requires qualification of the employee as (or at least equal to those of) a graduate member of the Institution of Engineers, Australia.
(ii)'Professional Engineer'
Shall mean an adult person qualified to carry out professional engineering duties as defined above. The term "Professional Engineer" shall embrace and include "Qualified Engineer" and "Experienced Engineer" as hereinafter defined.
(iii)'Qualified Engineer'
Shall mean a Professional Engineer other than an "Experienced Engineer" as hereinafter defined; that is, it shall mean a person who is, or is qualified to become, a graduate member of the Institution of Engineers, Australia.
(iv)'Experienced Engineer'
Shall mean a Professional Engineer with the undermentioned qualifications in any particular employment the adequate discharge of any portion of the duties of which employment requires qualification of the employee as (or at least equal to those of) a Member of the Institution of Engineers, Australia. The aforesaid qualification is as follows -
(a)that he/she is a Chartered Member of the said Institution; or
(aa)that he/she, having graduated in a four year or a five year course at a university recognised by the said Institution, has had four years' experience on professional engineering duties since becoming a Qualified Engineer; or
(aaa) that he/she, not having so graduated, has had five years of such experience.
(4)Graduate Definitions
(a)'Graduate Surveyor'
Shall mean a person engaged as such and who is involved in any of the fields of practice of land, engineering, geodetic, mining, cadastral, topographic, photogrammetric, cartographic, remote sensing, computing, survey examination and allied professional roles.
A Graduate Surveyor shall hold a degree (3 or 4 year course) recognised by the Institution of Surveyors, Australia Incorporated; or Institution of Engineering & Mining Surveyors Australia or, be a member of, or be eligible for Graduate Membership of the aforementioned Institution.
(b)'Graduate Town Planner'
Shall mean a person employed as such and who has a Town Planning Degree (3 or 4 year course) but by virtue of experience is not yet eligible for corporate membership of the Royal Australian Planning Institute.
(c)'Graduate Engineer'
Shall mean a "Qualified Engineer" who is the holder of a university degree (four or five year course) recognised by the Institution of Engineers, Australia.
(5)Para Professional
Are persons employed as Technicians ie (Surveying or Drafting) or Survey Party Leaders in support tasks to Professionals and who are partaking in or have completed approved courses in training as Professionals or have sufficient experience to perform those tasks.
(6)Traineeship Schemes
(a)'Surveyor Under Articles' - Training Agreement
Shall mean a Graduate Surveyor as defined in Clause 1.6(4)(a), who is working under an agreement registered with the Land Surveyors Licensing Board in order to qualify as a Licensed Surveyor.
(b)Trainee
Shall mean a person employed as such and who is undergoing training under an approved Traineeship Scheme or is subject to internal training of a specified kind in a contract of employment.
(7)Definitions - General
(a)'Casual Employee'
Shall mean an employee who works the ordinary hours, as defined in Clause 6.1. - Hours of Work, and is employed for less than 16 consecutive weeks, with a minimum engagement of four hours per day. Such an employee shall be paid at the weekly rate calculated pro-rata for the ordinary hours for the class of work performed plus twenty five percent as an addition to the ordinary rate prescribed in this Award.
Notwithstanding the abovementioned, a casual clerk may be employed at an hourly rate for a lesser period than four weeks and shall be paid while so employed, a twenty five percent loading with a minimum engagement of four hours per day; provided that, notwithstanding anything contained in this subclause, the basis and terms of employment of casual clerks may be varied in any particular case by agreement in writing between the employer and the union.
(b)'Permanent Part Time Employee'
Shall mean an employee who regularly works defined set hours but less than 38 ordinary hours of work as defined in Clause 6.1. - Hours of Work. Such an employee shall be paid at the weekly rate calculated pro rata for the ordinary hours for the class of work performed.
Payment for annual leave and sick pay, for part time employees, shall be strictly related proportionately in accordance with the number of hours worked, to the conditions prescribed in each establishment for full time employees.
PART 2 - AWARD FLEXIBILITY AND WORKPLACE FACILITATION
2.1 - STRUCTURAL EFFICIENCY
(1)(a)Arising out of the Structural Efficiency Principles enunciated in the State Wage Case, an employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training, including work which is incidental or peripheral to their main tasks or functions.
(b)Any direction issued by an employer shall be consistent with the employer's responsibilities to provide a safe work place.
(2)The parties to this award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the surveying industry and to enhance the career opportunities and job security of employees in the industry.
(3)Without limiting the rights of either an employer or a union to arbitration, any other measure designed to increase flexibility on a site or within an enterprise sought by any party shall, by agreement, be implemented subject to the following requirements:
(a)the changes sought shall not affect provisions reflecting Commission standards on hours of employment, annual leave with payment and long service leave with payment;
(b)the majority of employees affected by the change at the site or enterprise must genuinely agree to the change;
(c)no employee shall lose income as a result of the change;
(d)the union must be a party to the agreement; and
(e)any agreement shall be subject, where appropriate, to approval by the Western Australian Industrial Relations Commission and, if approved, shall operate as a schedule to this award and take precedence over any provisions of this award to the extent of any inconsistency.
(4)Award restructuring should be given its wider meaning, and award restructuring should not be confined to the restructuring of classifications but may extend to the review of other restrictive provisions which currently operate. To that end, such restrictive provisions will be reviewed on an ongoing basis.
(5)The parties to this award recognise that in order to increase the efficiency, productivity and international competitiveness of industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:
(a)developing a more highly skilled workforce;
(b)providing employees with career opportunities through appropriate training to acquire additional skills; and
(c)removing barriers to the utilisation of skills required.
(6)Any disputes arising in relation to the implementation of this clause shall be subject to the provisions of the settlement of disputes clause.
PART 3 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION
3.1 - SETTLEMENT OF DISPUTES
(1)Subject to the Industrial Relations Act 1979, where an employee has a grievance in relation to any industrial matter covered by this Award, he or she shall first contact his or her supervisor to work out the problem, and if that fails representation shall then be made to the employer by the employee or an accredited Union workplace representative, for the matter to be given further consideration.
(2)If after the employer’s view has been established, the employee still considers his or her complaint unresolved he or she may then raise the matter with the Union which may then enter into discussions with the employer to see if the matter can be resolved.
(3)In the event of the dispute failing to be resolved the dispute may be then referred to the Western Australian Industrial Relations Commission.
PART 4 - EMPLOYER AND EMPLOYEES DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
4.1 - CONTRACT OF SERVICE
(1)Except in the case of casual employees, the contract of service of every employee shall be terminable by the following notice period given by either side:
Period of continuous service / Period of noticeLess than 1 year / 1 week
1 year and up to the completion of 3 years / 2 weeks
3 years and up to the completion of 5 years / 3 weeks
5 years and over / 4 weeks
In addition to the notice above, employees over 45 years of age, with at least 2 years continuous service, at the time the employer gives notice, shall be entitled to an additional weeks notice by the employer.
In the event of notice not being given, by the payment in lieu of notice of an equivalent amount of pay by the employer, or the forfeiture of payment of equivalent amount of pay by the employee.
(2)In the case of a casual employee the contract of service shall be terminable by one day's notice on either side given on any day, or in the event of such notice not being given by the payment of one day's pay by the employer or the forfeiture of payment of one day by the employee.
(3)The provisions of this clause shall not effect the right of the employer to dismiss the employee without notice for misconduct (and in such cases the wages shall be paid up to the time of dismissal only).
(4)The employer shall be under no obligation to pay for any day not worked on which the employee was required to present for duty except where such absence from work is due to illness and comes within the provisions of Clause 7.3. - Absence Through Sickness, or such absence is on account of annual leave, long service leave, workers' compensation or bereavement leave, continuing professional development leave, or other holidays or days off prescribed under this Award or the Minimum Conditions of Employment Act 1993 to which the employee is entitled.
4.2 - EXISTING CONTRACTS OF EMPLOYMENT
Nothing contained in this Award shall entitle an employer to reduce the salary of any employee who, at the date of this Award, was being paid a higher rate of salary than the minimum prescribed for his or her class of work. Provided however, that upon the commencement of this Award an employer shall have the right to vary, or cancel, any other provision of an employee's contract of employment which is not provided by, or is inconsistent with the provisions of this Award.
4.3 - CERTIFICATE OF SERVICE
Upon termination of employment, the employer, when requested by the employee, shall provide a certificate of service stating length of service, duties performed and classification of office as well as CPD taken as per Clause 7.8. - Continuing Professional Development Leave.
PART 5 - SALARIES AND RELATED MATTERS
5.1 - SALARIES
The rates of pay in this Award include Arbitrated Safety Net adjustments available since December 1993 under the Arbitrated Safety Net Adjustment Principle and includes the 2013 Safety Net Wage Case Increase of 1 July 2013.
These Arbitrated Safety Net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award except where such absorption is contrary to the terms of an industrial agreement.
Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset Arbitrated Safety Net adjustments.
Wage / Classification title / Minimum Salaries - $ / Skill relativity to level 10 after full minimum rate\broadbanding adjustmentsHourly / Weekly / Annual / %
Level 1 5.1.1(a) / Manager/Professional -Business/Specialist / 34.23 / 1300.70 / 67853 / 210
Level 2 5.1.1(b) / Manager/Professional - Project/Specialist / 30.76 / 1168.70 / 60967 / 180
Level 3 5.1.1(c) / ExperiencedProfessional Surveyor including Licensed Surveyor/Engineer / 28.43 / 1080.50 / 56366 / 160
Level 4 5.1.1(d) / Experienced Surveyor/Town Planner / 27.36 / 1039.80 / 54243 / 150
Level 5 5.1.1(e) / Technician V / Survey Party Leader / 26.81 / 1018.60 / 53137 / 145
Level 6 5.1.1(f) / Technician IV / Survey Party Leader / 25.65 / 974.60 / 50842 / 135
Level 7 5.1.1(g) / Technician III / Survey Technician, Senior (part-time party leader)Graduate Professional Engineer/Surveyor/Town Planner - 4 year / 25.07 / 952.60 / 49694 / 130
Level 8 5.1.1(h) / Technician II / Survey Technician,Graduate Surveyor - under Articles/Town Planner – 3 year / 24.49 / 930.60 / 48546 / 125
Level 9 5.1.1(i) / Technician I / Trainee Technician, Survey / 22.81 / 866.60 / 45208 / 110
Level 10 5.1.1(j) / Technical Assistant Survey / 21.66 / 822.90 / 42928 / 100
Level 11 5.1.1(k) / Trainee Assistant Survey / 19.63 / 745.80 / 38906 / 90
Level 12 5.1.1(l) / Unskilled / 19.51 / 741.20 / 38666 / 82
Entry level 5.1.1(m) / For entry level for employees who possess relevant technical/professional qualifications see clause 5.1.2
5.1.1(n) / The skill relativities to level 10 set out in the above table apply subject to any future award or safety net increases by the Commission. Any such safety net increases will not vary the percentages set out above as being the indicative wage relativities of classifications under this award.
5.1.2 - CLASSIFICATION DEFINITIONS (PROFESSIONAL, TECHNICAL AND SURVEYING)
5.1.2(a) Level 12 - unskilled
An unskilled person is an employee who holds no relevant qualification but is capable of assisting the surveyor or survey technician.
Their duties include:
• Assisting in field work under direct supervision.
• Be aware of safe working practices.
• Be eligible to or hold a drivers license.
• Be able to maintain and clean basic survey equipment.
• Be able to perform general office duties under instruction.
• Be able to work in a team environment.
5.1.2(b) Level 11 - Trainee assistant - survey
An employee who has completed year 11 or is eligible to enter a traineeship scheme or has completed 50% of a Bridging Course or equivalent experience.
Such an assistant may not be pursuing any training but must show a preparedness to develop their skills as pertinent to assisting the surveyor or survey technician in the performance of their duties.
Their duties, under supervision, are to be able to:
• Set up surveying instruments.
• Be aware of safe work practices.
• Be eligible to or hold a drivers license.
• Be able to maintain and clean basic survey instruments.
• Be able to reduce levels.
• Be capable of general office duties.
• Be able to work in a team environment.
5.1.2(c) Level 10 - Technical assistant - survey