AT825520 - Australian Workers’ Union Construction and Maintenance (Western Australia) Award 2003 [Transitional]

APPENDIX 5 - ARGYLE DIAMOND MINE MAINTENANCE - ARGYLE

1. APPLICATION

This Appendix shall apply to the respondents who perform work within the scope of the award (as defined in clause 2 - Scope) on the Argyle Diamond Mine at Argyle in the State of Western Australia.

The provisions of the Australian Workers' Union Construction and Maintenance (Western Australia) Award 2003 shall apply to such work unless any such provisions are inconsistent with the provisions of this Appendix, in which case the provisions of this Appendix shall prevail.

2. SCOPE

This Appendix shall apply to employees engaged upon the performance of maintenance and modification work at Argyle, and industrial catering and cleaning in relation to such work.

3. OPERATION

The terms of this Appendix shall come into force on and from 19 March 2003 and shall continue in force for 6 months.

4. SITE DISABILITY ALLOWANCE

4.1 A site disability allowance of $2.91 per hour for each hour worked shall be paid to compensate the employee for all disabilities associated with work within the scope of this Appendix.

4.2 Notwithstanding the provisions of 4.1 hereof and 13.2 in this award shall apply with the exception that the allowance prescribed in 4.1 shall be paid in lieu of confined space, dirty work and wet underfoot.

5. SAFETY FOOTWEAR

5.1 Each employee when commencing on site shall be entitled to the supply of one pair of safety boots as a free issue or pay the employee the equivalent value.

5.2 Each employee shall be entitled to a payment of six cents per hour for each hour worked to enable him/her to maintain and replace his/her safety footwear as necessary.

5.3 It is a condition of employment that employees wear and maintain in good condition their safety footwear.

5.4 This clause shall not apply to employees engaged in industrial catering and cleaning.

6. HOURS AND LEAVE

Notwithstanding the provisions of this award, and in particular clause 16 - Working hours and subclause 28 of this award, the following system of working the 38 hour week and for leave shall be implemented.

6.1 Any work that is performed by an employee in excess of 38 hours in a week, but which does not exceed 40 hours in that week, shall be deemed part of the ordinary hours of work for which the ordinary weekly wage is prescribed.

6.2 An employee who works in excess of 38 ordinary hours in any week shall accrue an entitlement to 24 minutes worked in excess of 7 hours 36 minutes per day, provided the maximum accrual in any week shall not exceed two hours.

6.3 The leave so accrued shall be taken concurrently within the period of leave provided in 6.4, provided that should the services of an employee terminate with any such accrued leave not taken, he shall be given payment in lieu of that leave.

6.4 After six weeks' continuous service at Argyle an employee shall be entitled to return to his home or to Perth or to any other place to be mutually agreed upon between the employee and the employer, for one week's leave without pay. In conjunction with this period of leave, an employee shall be entitled to receive the actual cost of air fares incurred in travelling home or to Perth or to any other place mutually agreed upon between the employer and the employee. Provided that in no case shall the cost exceed the cost of an economy air fare from the job to Perth and return.

6.5 The leave provided in 6.4 shall be taken as soon as practicable as agreed between the employer and the employee, or in the absence of agreement upon not less than one week's notice by the employer to the employee. For the purpose of implementation of this subclause the employer shall be entitled to grant such leave in advance.