Alumina Refinery (Pinjarra) Agreement Act Amendment Act 1972 (WA)

WESTERN AUSTRALIA

ALUMINA REFINERY

(PINJARRA)

AGREEMENT.

No. 48 of 1972.

AN ACT to amend the Alumina Refinery (Pinjarra)

Agreement Act, 1969.

[Assented to 2nd October, 1972.]

RE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Refinery (Pinjarra) Agreement Act Amendment and citation 1. (1) This Act may be cited as the Alumina Short title

Act, 1972.

(2)

In this Act the Alumina Refinery (Pinjarra)

Agreement Act, 1969, is referred to as the principal

Act.

(3) The principal Act as amended by this Act may be cited as the Alumina Refinery (Pinjarra) Agreement Act, 1969-1972.

No. 48.] Alumina Refinery (Pinjarra) [1972.

Agreement.

Section lA

The principal Act is amended by adding after section 1 a section as follows-

added. 2.

Definitions. 1A. In this Act

"the agreement" means the agreement of which a copy is set forth in the First Schedule to this Act, as amended by the supplementary agreement;

"the supplementary agreement" means the agreement of which a copy is set forth in the Second Schedule to this Act.

Amendment

to section 2. 3. Subsection (1) of section 2 of the principal

(Ratification	Act is amended by adding after the word "the" in
of Agree-
ment.).	line two the word, "First".
Section 3

The principal Act is amended by adding a section as follows-

added. 4.

Ratification

of supple-

3. The supplementary agreement is ratified..

mentary

agreement.

Amendment 5.

The heading to the Schedule to the principal Act is deleted and the following headings are substituted

to Schedule.

THE SCHEDULES.

S.1A. FIRST SCHEDULE.

Second

Schedule 6. The principal Act is amended by adding at

added. the end thereof the following Schedule

SECOND SCHEDULE. S.1A.

THIS AGREEMENT UNDER SEAL is made the 10th day of July, One thousand nine hundred and seventy-two between THE HONOURABLE JOHN TREZISE TONKIN, M.L.A., Premier of the State of Western Australia acting for and on behalf of the Government of the said State and its instrumentalities (hereinafter referred to as "the State") of the one part and ALCOA OF AUSTRALIA (W.A.) LIMITED the name whereof was formerly Western Alu- minium No Liability a Company duly incorporated under the Companies Statutes of the State of Victoria and having its principal office in that State at 535 Bourke Street, Mel- bourne and having its registered office in the State of

1972.] Alumina Refinery (Pinjarra) [No. 48.

Agreement.

Western Australia at Hope Valley Road Kwinana (herein- after referred to as "the Company" which term shall include its successors and permitted assigns) of the other part.

WHEREAS the parties are the parties to and desire to amend the agreement between them dated the 30th day of September One thousand nine hundred and sixty-nine referred to in Section 2 of the Alumina Refinery (Pinjarra) Agreement Act 1969 inter cilia related to the establishment of an additional alumina refinery near Pinjarra and associ- ated facilities for the production and shipment of alumina (which agreement is hereinafter referred to as "the Pinjarra agreement").

NOW THIS AGREEMENT WITNESSETH-

1. SUBJECT to the context the words and expressions used in this agreement have the same meanings respectively as they have in and for the purposes of the Pinjarra agree- ment.

2. THE provisions of this Agreement shall not come into operation unless and until a Bill to approve and ratify this Agreement is passed by the Legislature of the said State and comes into operation as an Act.

3.    THE Schedule of the Pinjarra agreement is amended by

(1) deleting paragraph 4(a) and substituting the

following:

(4) (a) The rates of freight set out in this Schedule are based on costs prevailing at 30th September, 1969, and shall be adjusted on 1st April, 1972, and on the 1st April of each year thereafter on costs prevailing at these dates in accordance with the following formula:

P-1

( (HR1-HR) (D1-1.5) (SRI-SR))

Fl = F .6F(.80 .05----- .15 ---)

IL ( ( ( ( SR )

WHERE:

(i) Fl = New freight rate.

(ii) F The freight rate which was payable as at the 30th September, 1969, in accordance with Column 2 of the Schedule.

(iii) HR = The average hourly rate payable as at 30th September, 1969.

(iv) HR1 = The average hourly rate payable as at the date of adjustment.

No. 48.] Alumina Refinery (Pinjarra) [1972.

Agreement.

(v) D	=	The wholesale price (duty free) of distillate in Perth as at 30th September, 1969.
(v1) Dl	=	The wholesale price (duty free) of distillate in Perth as at the date of adjustment.
(vii) SR	=	Price of heavy steel rails per ton c.i.f. Port of Fremantle as ascertained from p r i c e schedule covering despatches from the Broken Hill Proprietary Company Limited and Australian Iron and Steel Proprietary Limited as at 30th September, 1969.

(viii) SRI = The price of heavy steel rail per ton c.i.f. Fremantle ascertained as aforementioned as at the date of adjustment.

The rates applicable at the 30th September, 1969, are:-

1st class driver	175.25 cents
1st class guard	142.75 cents
Track repairer .	112.63 cents
430.63 cents
Average hourly rate	143.54 cents

Price of distillate per gallon 19.9 cents

Price of steel rail per ton ... $99.50

If on the 1st April, 1977, and on the 1st April in every fifth year thereafter either party considers that by reason of changed circumstances the application of the abovementioned formula no longer results in the payment of freight rates fair and equitable from the point of view of both parties the party which so considers may within one month of that date give notice in that behalf to the other party specifying the formula the party giving the notice thinks should be sub- stituted for the existing formula and if within two months of the giving of such notice the parties cannot agree on a formula to be substi- tuted for the formula which applied in accord- ance with this paragraph during the five years ending on the 31st day of March immediately preceding the question whether a new and if so what formula shall be substituted shall be re- ferred to arbitration as provided by clause 31 hereof.

(2) substituting for the word "variation" in the third

line of paragraph 4(b) the word "adjustment".

1972.] Alumina Refinery (Pinjarra) [No. 48.

Agreement.

IN WITNESS whereof the parties hereto have executed this agreement the day and year first above written.

SIGNED SEALED AND DELIVERED

TREZISE TONKIN, M.L.A., in the jp. JOHN T. TONKIN.	by the HONOURABLE JOHN!
presence of

H. E. GRAHAM.

MINISTER FOR DEVELOPMENT

AND DECENTRALISATION.

THE COMMON SEAL OF ALCOA OF

AUSTRALIA (WA.) LIMITED was	(C.S.)
hereunto affixed in the presence of

C. E. PFEIFER.

P. SPRY-BAILEY.