AN160141 – Gold Mining Consolidated Award 1980
There shall be implied in every contract in which an employee is engaged to perform any kind of work at or for a remuneration other than the rates fixed by the award:
(1) Where the engagement is for a period of time, such period shall not be determined before the expiration thereof; without the written consent of the employee.
(2) Where the engagement is to perform a specified quantity of work the amount of work to be performed shall not be curtailed by a greater amount than five percent.
(3) The rate of remuneration agreed upon between the piece employee or piece employees concerned and the employer shall not be decreased during the period of engagement without the consent of the parties concerned.
(4) An employee working under any agreement of payment by results shall be paid at least the total rate of pay that employee would have been entitled to if that employee had been working under a contract of daily service.
(5) Any necessary hand tools shall, in the first instance, be supplied by the employer, and on production of any such worn out tool or on satisfactory evident of loss without the fault of the employee, such tool shall be replaced by the employer without cost to the employee.
(6) The price of any article supplied by the employer for the use of the employee during the period of engagement, shall not increase during the period, and shall in no case, exceed the cost or price of the article to the employer at the place of supply.
(7) Where the work is to be carried out by a body of employees acting together, the number of employees to be employed shall be specified in the contract. In the event of the specified number of employees not being present during any shift, the employer may provide a substitute in the place of any employee absent, and shall pay such substitute wages at the rates fixed by this award, or by the contract, whichever shall be the greater, for the work done by that employee during the time that employee is so employed as a substitute, and may charge such payment against any money found due under the contract. Provided that if any substitute provided by the employer is unacceptable to the employees concerned, that employee shall be replaced by an acceptable substitute as soon as reasonably possible.
(8) Any time lost and not being due to the fault of the employees concerned shall be paid for at the applicable wage rate or alternative work provided, for which that employee shall be paid the applicable rate.
(9) Where any employees are employed to work by or with the contractors at a wages remuneration the employer shall be entitled to pay the amount due to such wage employees for the period they have been employed, at the rate fixed by the award, or the rate fixed by the contract, whichever shall be the greater, and to charge the payment so made against the amount found due to the contractors. A printed copy of these conditions shall be kept exhibited in the change room on the mine.
(10) The employer or its agent shall, after due notice, confer with the piecework committee representing the piece employees on any particular shaft, together with the Secretary of the Mining Division of the Union, on any matters that may arise in respect to piece employees and/or working conditions in the shaft or the working connected with that shaft.
(11) The employer shall pay each employee individually that employee's share of the earnings and if required, render each employee a statement setting out the costs and allocations.
