AP789529CRV - Metal, Engineering and Associated Industries Award 1998
COMMON RULE DECLARATION - VICTORIA
[Parts I, II, V and VI of award declared common rule by PR954297 from 01Jan05]
Pursuant to ss.141 and 493A of the Workplace Relations Act 1996, (Cth) (the Act) the Commission makes the following common rule declaration:
1. In this declaration:
1.1 “the award” means the Metal, Engineering and Associated Industries Award 1998, as varied from time to time;
1.2 “employees” means employees in the industry who perform work of a kind that is covered by the award;
1.3 “employers” means employers who employ employees; and
1.4 “the industry” means the metal working and engineering and fabricating industries, and all allied industries including the following descriptions of industry or callings which may be read either alternatively or collectively in any combination whatsoever:
1.4.1 Mechanical and electrical engineering.
1.4.2 Shipbuilding and repairing.
1.4.3 Smithing.
1.4.4 Boilermaking and erection and repairing.
1.4.5 Bridge and girder construction and erection and repairing.
1.4.6 Steel fabrication, construction and erection, and repairing.
1.4.7 Welding.
1.4.8 Tool, die, gauge and mould making.
1.4.9 Sheet metal working.
1.4.10 Metal moulding.
1.4.11 Diecasting.
1.4.12 Stovemaking and repairing.
1.4.13 Agricultural implement making and repairing.
1.4.14 Metal pressing and stamping.
1.4.15 Porcelain enamelling.
1.4.16 Manufacture of porcelain enamels, oxides, glazes and similar materials.
1.4.17 Metal machining.
1.4.18 Ironworking.
1.4.19 Iron and steel pipe making and fabrication.
1.4.20 Window frame making and repairing.
1.4.21 Safe and strong-room making and repairing.
1.4.22 The manufacture, erection and installation, maintenance and repair of all forms of electrical machinery, apparatus and appliances, including valve - and globe manufacturing.
1.4.23 Radio, telephone and X-ray manufacturing, maintaining and repairing.
1.4.24 Manufacture of insulation materials and articles.
1.4.25 Wet and dry battery manufacturing and repairing.
1.4.26 Manufacture, erection, installation, maintenance and repair of electrical advertising equipment including neon signs.
1.4.27 Manufacture, erection, installation, maintenance and repair of fluorescent lighting.
1.4.28 The drawing and insulation of wire for the conducting of electricity.
1.4.29 The manufacture and repair of recording, measuring and controlling devices for electricity, fluids, gases, heat, temperature, pressure, time, etc.
1.4.30 The production by mechanical means of industrial gases (other than coal gas).
1.4.31 The making of canisters, drums and other metallic containers.
1.4.32 Galvanising, tinning and pickling.
1.4.33 Electroplateware manufacturing.
1.4.34 Electroplating of all types.
1.4.35 Processing of metals such as sherardising and bonderizing.
1.4.36 Lift and elevator making, repairing and maintenance.
1.4.37 Plastic moulding, casting or fabricating in synthetic resins, or similar materials and including the production of synthetic resins, powders, tablets, etc, as used in such processes.
1.4.38 Melting and smelting of metals.
1.4.39 Refrigerator manufacturing, maintaining and repairing.
1.4.40 Perambulator manufacturing and repairing.
1.4.41 Making, manufacture, installation, maintenance and repair of ventilating and air-conditioning plant and equipment.
1.4.42 Metal furniture manufacturing and repairing.
1.4.43 Kitchenware manufacturing.
1.4.44 Metallic toy and sporting goods manufacturing.
1.4.45 The making, assembling, repairing and maintenance of vehicles (except where such work is at present covered by another federal award).
1.4.46 The manufacture of bolts, nuts, screws, rivets, washers and similar articles.
1.4.47 The manufacture of bright steel bars, rods, shafting, etc.
1.4.48 Making, manufacture, installation, maintenance and repair of scales and machines for measuring mass and equipment.
1.4.49 Making, manufacture, installation, maintenance and repair of watches and clocks, including cases.
1.4.50 Making, repairing, reconditioning and maintenance of motor engines, and/or parts thereof, and of the mechanical and electrical parts including the transmission and chassis of motor cars, motor cycles and other motor driven vehicles.
1.4.51 The making of metal motor body parts.
1.4.52 Japanning, enamelling, painting etc, of metallic articles.
1.4.53 Hand and machine engraving.
1.4.54 Badge and name-plate manufacturing, including chemical engraving.
1.4.55 Manufacture, testing and repair of water fittings.
1.4.56 Manufacture of any article or articles from metal wire.
1.4.57 Installation of all classes and types of electrical wiring equipment and plant, and the repair and maintenance thereof.
1.4.58 Generation and distribution of electric energy.
1.4.59 Manufacture of ceramic articles for use in the metal trades industries.
1.4.60 Making, manufacture, treatment, installation, maintenance, repair and reconditioning of any articles, part or component, whether of metal and/or other material in any of the foregoing industries.
1.4.61 Sorting, packing, despatching, distribution and transport in connection with any of the foregoing.
1.4.62 Making, manufacture, installation, construction, maintenance, repair and reconditioning of plant, equipment, buildings and services (including power supply) in establishments connected with the industries and callings described herein and maintenance work generally.
1.4.63 Every operation, process, duty and function carried on or performed in or in connection with or incidental to any of the foregoing industries.
2. That save for and subject to the matters referred to in clauses 4 to 10 below, the whole of the terms of Parts I, II, V and VI of the award, except those specified in clause 3 below, shall be:
2.1 a common rule for the industry in Victoria and known as the Metal, Engineering and Associated Industries Victorian Common Rule Declaration 2005.
2.2 binding on all employers in respect of the employment by them of employees; and
2.3 binding on all employees. [See Note 1 below.]
3. Clause 1.5 - Commencement Date of Award and Period of Operation of Part I of the award is not included in the Metal, Engineering and Associated Industries Victorian Common Rule Declaration 2005.
4. Subject to clauses 4.1 to 4.5 below, all provisions in the Metal, Engineering and Associated Industries Victorian Common Rule Declaration 2005 are to operate from 1 January 2005.
4.1 With respect to annual leave, only periods of annual leave commencing on or after 31 January 2005 attract leave loading.
4.2 With respect to redundancy payments for employees of employers who have fewer than 15 employees, only service on or after 1 January 2005 is to be taken into account for the purpose of calculating service.
4.3 With respect to redundancy payments for employees of employers who have 15 employees or more, only service on or after 1 January 2004 is to be taken into account for the purpose of calculating service. [Note: the agreement in respect of this issue is without prejudice to the position a party may put in roping-in proceedings.]
4.4 Any accident make-up pay clause is to apply in relation to any injury on or after 3 August 2004.
4.5 The wages clauses (including all allowances and penalty payments) are to commence operation from the first pay period on or after Monday, 3 January 2005 provided that in all cases the wages clauses commence operation no later than 5 January 2005.
5. The Metal, Engineering and Associated Industries Victorian Common Rule Declaration 2005 shall not apply to employers respondent by any means to any other award of the Commission in respect of the employment by them of employees covered by that award.
6. This declaration shall not apply to a person with a disability who is eligible for a Disability Support Pension and who is employed by a supported employment service that receives funding under the Disability Services Act 1986 (Cth) to provide support for that person. [See Note 2 below.]
7. An employer who is making superannuation contributions into a complying superannuation fund, within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), on behalf of an employee covered by this declaration, prior to the date of effect of this declaration is exempt from any provision in the award which specifies the fund or funds into which superannuation contributions are to be paid. [See Note 3 below.]
8. In the event of a dispute about the entitlement of an employer to set-off entitlements and benefits provided under a contract of employment made prior to the date of this declaration against entitlements and benefits required to be provided under the Metal, Engineering and Associated Industries Victorian Common Rule Declaration 2005, the matter may be referred to a Board of Reference, consisting of a member of the Commission, which shall determine whether or not such a set-off should be permitted having regard to what is fair and equitable in all the circumstances of the case, without regard to technicalities and legal forms.
An appeal lies from a decision of a Board of Reference to a Full Bench of the Commission.
This clause shall apply for a period of twelve months from the commencement date of the Metal, Engineering and Associated Industries Victorian Common Rule Declaration 2005.
Any registered organisation bound by the terms of the Metal, Engineering and Associated Industries Victorian Common Rule Declaration 2005 shall be notified of the time and date of hearing in relation to any application made pursuant to this provision.
9. Nothing in this declaration reduces or in any way detracts from any accrued rights to any forms of leave including sick leave, annual leave, long service leave or parental leave to which employees or any of them have become entitled to accrual or otherwise prior to the commencement date in clause 10 below.
10. This declaration shall come into force on 1 January 2005 and remain in force for a period of three months and thereafter in accordance with the Act. [See Note 4 below.]
Note 1
1. Part I of the award does not apply to the persons, organisations, industries and employers in Schedule B of Part I of the award.
2. Part II of the award does not apply to:
2.1. Persons mainly engaged in the supervision of employees where such employees are outside the coverage of the award;
2.2 The companies listed in clause 14 - Exemptions of Part II of the award; and
2.3 The persons, organisations, industries and employers in Schedule B of Part I of the award.
3. Part V of the award does not apply to any sole trader, partnership, firm, company or corporation where, as at 15 August 1978 the total number of employees, irrespective of the location, employed by the sole trader, partnership, firm, company or corporation, was less than 30.
4. Part VI of the award does not apply to:
4.1 Employers who are parties to and bound by The Vehicle Industry Award 1982 or any subsequent award made in that industry;
4.2 The company listed in clause 2.7 of Part VI of the award; and
4.3 The parties bound by the CSR Officers Award 1974.
Note 2
1. Disability Support Pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided for under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.
2. The intention of this provision is limited to preventing the award from applying to sheltered workshops (i.e. supported employment services). It does not prevent the award from applying to employees with disabilities in open employment.
3. Leave is reserved for any party to have this issue reconsidered in the light of any developments in the national process which is currently considering workplace relations issues for sheltered workshops. This national process includes the Disability Sector National Industry Consultative Council and any related applications that seek award coverage for sheltered workshops.
Note 3
1. The purpose of the exception above is to maintain the status quo in respect of employers who, as at the date of effect of the common rule declaration, are making superannuation contributions into a complying superannuation fund. These employers will not be required to change their existing arrangements. Nor will there be any requirement for the existing arrangements to be the subject of an agreement between the employer and employees. For the avoidance of doubt, the exception continues to apply to employers who are making superannuation contributions to complying superannuation funds which are successor funds (as defined in Regulation 1.03 of the Superannuation Industry (Supervision) Regulations 1994 (Cth), or as amended or replaced by other legislation) into which benefits are transferred, after the date of effect of the common rule declaration, in accordance with the Superannuation Industry (Supervision) Act 1993 (Cth) and the Regulations thereunder. Further, existing arrangements includes the making of contributions to such funds.
2. The exception is in respect of current and future employees of the employers who are entitled to the benefit of the exemption.
3. The exception does not apply to new businesses which are established after the date on which the award is declared to have effect as a common rule.
4. The exception only applies to employers who are required to apply the terms of the award by virtue of the Common Rule declaration. It does not apply to employers who are named respondents to the award or who are parties bound by virtue of their membership of an employer organisation.
5. The exception applies subject to any Commonwealth legislation to the contrary.
Note 4
Subject to s.113 of the Workplace Relations Act 1996 (Cth) and any order of the Commission, an award dealing with particular matters continues in force until a new award is made dealing with the same matters (see s.148 of the Workplace Relations Act 1996) (Cth)).
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