AN160741 – Coal Mining Industry (Engineers) Award 1990

AN160741 – Coal Mining Industry (Engineers) Award 1990

23. - SPECIAL RATES AND PROVISIONS

Part A. - General Provisions

(1) Disputes

Any dispute arising in relation to the circumstances under which an allowance is claimed under this clause shall be referred to the Tribunal.

(2) Conveyor Belt

Any employee, not being a tradesperson, engaged on the work of conveyor belt repairing and vulcanising shall be paid an additional 49 cents per shift while so employed.

(3) First Aid

(a) All employees holding a third year first-aid medallion shall receive $8.13 per week in addition to their ordinary rate.

(b) Any employee holding a third year first-aid certificate may be nominated as a first-aid attendant who shall see that the first-aid rooms, equipment and stores are maintained in proper order and conditions. Such employee shall be paid $10.97 per week in addition to the ordinary rate.

No payment shall be required to be made pursuant to the provisions of this subclause unless the qualifications are considered as current.

(4) Tools

Tools of trade shall be supplied to each tradesperson by the employer. Mechanics may elect to also receive from the employer either a tool box or a tool bag. If the mechanic elects to take a tool box, then the tool bag shall be returned to the employer. All tools, tool boxes and tool bags supplied by the employer shall remain the property of the employer.

Responsibility for the maintenance of tools and liability for the loss thereof shall rest with the employee within the employee's reasonable control. Replacement of lost or damaged tools shall be at the discretion of the Engineer in Charge.

(5) Damage to Clothing and Tools Compensations to the extent of the damage sustained shall be made where, in the course of the work, clothing or tools are damaged or destroyed by fire or molten metal, or through the use of corrosive substances; provided that the employer's liability in respect of tools shall be limited to such tools of trade as are ordinarily required for the performance of the employee's duties.

Where clothing is damaged by contact with machinery compensation may be made at the discretion of the management.

(6) Industrial Clothing

Each employee under this award shall be entitled to receive 2 sets of industrial outer clothing per year, and 1 pair of safety boots without charge.

Safety boots shall be issued at commencement of employment on a purchase voucher basis. Damaged or worn out boots shall be replaced if returned for exchange to the Manager.

(7) Excessively Wet Places

Where employees are called upon to work in places which are excessively wet, an amount not exceeding $1.48 cents per shift, additional to that prescribed in subclause (1) of Part B -Western Collieries and subclause (3) of Part C - Griffin Coal hereof may be paid to such employees concerned for the period of excessive wetness. The precise amount to be paid for such period may be determined by agreement between the parties; failing agreement the amount (if any) shall, within the limitation prescribed, be determined by the Tribunal.

Part B. - Western Collieries

(1) Wet Work

Where in the course of duties an employee's clothing becomes wet through no fault of the employee, the employee shall be paid water money at $1.64 cents per shift.

A place shall not be considered a wet place unless the employee, as soon as possible, notifies the manager or a representative, who will have the place inspected as soon as practicable and arrive at a decision without reasonable delay.

(2) Artificial Light

Employees at open cut workings which shall include gantries situated elsewhere but handling open cut coal and at all bins into which open cut coal is tipped who is ordinarily entitled to a shift allowance for work done on afternoon or night shift shall, in addition to the allowance, be paid at the rate of $1.92 per shift for all work done on afternoon shift and for all work done on night shift at the rate of $3.83 per shift.

(3) Disabilities

All employees shall receive an amount of $4.97 per week - ie. 99 cents per shift - to compensate for the disabilities encountered from time to time in the form of heat, height, confined space, cold and excessive dirt. Such allowances being exclusive of water and dust money.

(4) Travel

(a) Where an employee is required to work outside the usual hours of duty and has to provide the employee's own conveyance, the employer shall pay such employee an allowance of 50.5 cents per km for all mileage travelled from the employee's place of abode or the local Post Office, whichever is the nearer to the place of work and return, provided that this allowance shall be paid for 1 vehicle only in respect of each 5 persons working in the same locality and able to travel conveniently in the same vehicle.

This allowance shall be increased from time to time in accordance with the relevant Public Service Award or Agreement.

(b) Where a bus service is provided, or any other form of public transport, the employer shall pay all charges in respect of fares for the transport of employees to and from work in excess of $1.50 per fortnight per employee. The employee concerned shall pay all charges up to and including $1.50 per fortnight.

(c) Any additional expense involved by the establishment of a bus service for the employees to and from Allanson shall be borne by the employers and any employees concerned in equal shares.

(d) An employee living South/East of the town of Collie being off the established bus route and using a private vehicle to travel from the place of residence to the Mine Site shall be entitled to payment of two full travelling allowances per week.

It should be noted that:

(i) An employee living at Bunbury or surrounding districts eg. Australind, Eaton, Boyanup or on the Roelands Highway eg. Allanson and travelling to the Mine Site shall not be entitled to any such payment.

(ii) An employee in order to qualify for payment of 2 full travelling allowances per week will be required to attend work for a minimum of 2 shifts over the 5 shift working week.

(iii) In the event that an employee is only present for 1 shift during the 5 shift working week travelling entitlement shall be reduced from 2 to 1.

(iv) Further, in the event that an employee works overtime on Saturday, 1 further travelling allowance shall be paid.

(v) An employee to be entitled to this allowance must use the private vehicle from the place of residence to the Mine Site.

Any employee travelling from the place of residence to a scheduled bus route point and thereafter utilising the bus service (in part) shall not be entitled to this allowance.

Part C. - Griffin Coal

(1) Artificial Light

Employees at open cut workings which shall include gantries situated elsewhere but handing open cut coal and at all bins into which open cut coal is tipped who is ordinarily entitled to a shift allowance for work done on afternoon or night shift shall, in addition to the allowance, be paid at the rate of $3.29 per shift for all work done on afternoon shift and for all work done on night shift at the rate of $6.58 per shift.

(2) Disabilities

In addition to the allowances prescribed in Part A of this Clause all employees of Griffin Coal Mining Company Pty. Limited shall receive an all purpose amount of $13.44 per week to compensate for all disabilities encountered from time to time.

(3) Water Money

Where in the course of duties an employee's clothing becomes wet through no fault of the employee, the employee shall be paid water money at $1.64 cents per shift.

(4) Dust

Employees shall be paid a dust allowance of $1.06 per shift extra to compensate for the inconvenience of dust from drilling and handling of coal or overburden and in associated areas.

This payment shall not apply where the water money allowance under subclause (3) above is paid.

(5) Fumes Employees engaged in refuelling and pre shift servicing at the Fuel Island shall be paid an allowance of $2.11 per shift extra to compensate for the inconvenience of fumes from the concentrated handling of fuel.

(6) Fares and Travel

(a) Bus Service:

Where a bus service is provided between the town of Collie and the mining operation, the cost to each employee other than those employees who qualify for and receive the allowances prescribed in (b) and (c) shall be $1.50 per fortnight.

Provided that employees other than those receiving the daily allowance in (b), who work non rostered overtime on any day including Saturday or Sunday shall if no bus service is provided, be provided with transport to and if necessary from their home or by agreement be paid a vehicle allowance as prescribed in (b), on each occasion.

(b) Vehicle Allowance:

(i) An employee who would ordinarily be able to travel on the bus to their place of work but who is rostered to work at times outside the bus service times, and who has to arrange the employee's own transport shall be paid a daily allowance of 50.5 cents per km for the distance travelled from the employee's place of abode or the Collie Post Office, whichever is the nearer to the place or work and return.

(ii) One such vehicle allowance shall be paid in respect of each 3 employees working at the same site and by residing in the same general locality are able to travel conveniently in the same vehicle.

(iii) This allowance shall be adjusted from time to time to reflect the relevant rate in the Public Service Award, such rates to operate from the first pay period to commence on or after the parties receive the Gazette publishing the annually revised rate.

The rate applying at 1 July 1992 and 1 July each year thereafter, shall be increased by 7% on and from those dates and apply until varied to reflect the Gazetted Public Service rate.

An employee living outside the Collie town boundary and south/east of the town of Collie as defined in (d) being "off" the established bus route and who arranges their own transport from place of residence to the Mine Site and return shall be entitled to payment of a fares allowance of $9.30 per ordinary shift attended, such allowance being adjusted in the same manner as provided in paragraph (b)(iii).

(d) Definition:

For the purpose of this clause "South/East of the town of Collie" shall be defined as a line drawn South/West to North/East through the intersection of Preston Road and Dransfield Road.

(e) Continuation Provision:

An employee who received the travel allowance which preceded the fares allowance in (c), but is precluded by the south/east definition in (d), shall qualify for the fares allowance in (c) until such time as they move their residential address, even if within the same locality, at which time the provisions of subclauses (a), (b), (c) and (d) shall apply as written to such employee.