(293)

SERIAL 6379

 

ELECTRICIANS, &c. (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Awards pursuant to Section 19 of the Industrial Relations Act 1996.

 

(Nos. IRC 1714 of 2007)

 

Before Commissioner Stanton

20 December 2007

 

REVIEWED AWARD

 

PART A

 

ARRANGEMENT

 

Clause No.          Subject Matter

 

1.         Anti-Discrimination

2.         Definitions

2A.      Secure Employment

3.         Deleted

4.         Margins

5.         No Extra Claims

6.         Travel and Expenses

7.         Tools

8.         Wage Rates

9.         Payment of Wages

10.       Living Away on Distant Work

11.       Contract of Employment

12.       Redundancy

13.       Prohibitions

14.       Special Rates

15.       Multi-Storey Allowances

16.       Distant Places

17.       Hours of Work - Day Workers

18.       Deleted

19.       Overtime

20.       Holiday and Sunday Work

21.       Shift Work

22.       Sick Leave

23.       Personal/Carer's Leave

23A.    Parental Leave

24.       Annual Leave

25.       Other Leave

26.       Shop Stewards

27.       Notice Board

28.       Amenities

29.       First-aid

30.       Superannuation

31.       Miscellaneous Provisions

32.       Deleted

33.       Working Within Skills Competency and Training

34.       Consultative Mechanism

35.       Electrical, Electronic Industry Training Committees

36.       Grievance and Dispute Resolution Procedures

37.       Area, Incidence and Duration

38.       Deduction of Union Membership Fees

39.       School Based Apprentices

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

Table 2 - Additional Margins

Table 3 - Apprentice Rates

Table 4 - Expense Related Allowances

Table 5 - Work Related Allowances

 

1.  Anti-Discrimination

 

1.1        It is the intention of the parties bound by this award to seek to achieve the object of section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

1.2        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

1.3        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint or unlawful discrimination or harassment.

 

1.4        Nothing in this clause shall be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

1.5        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

NOTES

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

2.  Definitions

 

The following definitions shall be applied to this award:

 

2.1        Classification Definitions -

 

2.1.1     Electrical Mechanic means a tradesman mainly engaged on electrical installation, repair and maintenance work including the welding, fabrication and erection of brackets and equipment associated with electrical installation work.

 

2.1.2     Electrical Fitter means a fitter mainly engaged in making fitting, or repairing electrical machines, instruments or appliances and who in the course of his/her work applies electrical knowledge, including the welding, fabrication, and erection of brackets and equipment associated with electrical installation work.

 

2.1.3     Electrical Instrument Fitter means a tradesman, not necessarily an electrical fitter, who is required to design, test and/or repair and maintain electrical and/or electro-pneumatic measuring and/or recording appliances and/or scientific electrical instruments.

 

2.1.4     Electronics Tradesman means an electrical tradesman who is engaged in applying his/her knowledge and skills to the task of installing, repairing, maintaining, servicing, modifying, commissioning, testing, fault finding and diagnosing of various forms of machinery and equipment which are electronically controlled by complex digital and/or analogue control systems utilising integrated circuitry.  The application of this skill and knowledge would require an overall understanding of the operating principles of the systems and equipment on which the tradesman is required to carry out his/her tasks.

 

To be classified as an electronics tradesman, a tradesman must have at least three years on‑the‑job experience as a tradesman in electronic systems utilising integrated circuits and in addition must have satisfactorily completed a post‑trades course in electronics equivalent to at least two years' part‑time study.

 

In addition, to be classified as an electronics tradesman, a tradesman must be capable of:

 

(a)        Maintaining and repairing multi‑function printed circuitry using circuit diagrams and test equipment:

 

(b)       Working under minimum supervision and technical guidance;

 

(c)        Providing technical guidance within the scope of the work described in this definition;

 

(d)       Preparing reports of a technical nature on specific tasks or assignments as directed and within the scope of the work described in this definition.

 

2.1.5     Plant Electrician means an electrical mechanic or electrical fitter who has practically complete charge of the general maintenance, alteration and repair work of an installation and carries out the orders of an employer having no knowledge of the electrical trade and not carrying on any business in the trade as a partner or otherwise or carries out the orders of an employer's engineer or other officer who is not a practical electrician.

 

2.1.6     Radio Mechanic or Fitter means an employee engaged on the making, repairing, and/or servicing of television, radio and sound equipment which requires the application of general trade experience gained through apprenticeship or equivalent training.

 

2.1.7     Refrigeration and/or Air Conditioning Mechanic or Fitter means a tradesman who in the course of his/her work applies electrical trade experience and is mainly engaged on the installation, repair and maintenance work in connection with electrically operated refrigeration and/or air conditioning units.

 

2.1.8     Battery Fitter means an adult employee wholly engaged in the erection, overhauling or repairing of storage batteries.

 

2.1.9     Electrician in Charge of Generating Plant means an electrician who has complete charge of the whole plant, including the prime mover and generator and is required to run the plant and maintain and attend to the installation generally.

 

2.1.10   Linesman means an employee engaged in preparing poles for electric wires, fixing wires or cables on poles or over buildings or fixing wires to insulators or joining or insulating such wires or performing any other work required in connection with the running of overhead wires outside of buildings.

 

2.1.11   Linesman Special Class means a linesman who has had three or more years' experience as a linesman and is qualified and working under the Electricity (Consumer Safety) Act 2004.

 

2.1.12   Linesman's Assistant means an employee assisting a linesman but who shall not work within 1.8 metres of any live conductor and who shall not ascend ladders or climb poles carrying live conductors.

 

2.1.13   Tradesman's Assistant means an employee engaged in assisting a tradesman, provided that such assistance shall not include the carrying out of work usually regarded as that of a tradesman.

 

2.1.14   Leading Hand means any electrical worker (not being a foreman) who is placed in charge of work on which 4 or more employees or 2 or more electrical mechanics or fitters or linesmen, in addition to himself, are engaged.  Any worker who receives orders from an officer, and is placed in charge as herein set out in the absence of such officer, shall be deemed to be a leading hand whilst so placed in charge of the work carrying out such orders.

 

2.1.15 Tradesman means a person who has served the requisite apprenticeship or holds a Certificate of recognition as a tradesman issued by an Australian apprenticeship authority or a Tradesman's Certificate issued by the Local Electrical Trades Committee constituted under the Tradesman's Rights Regulations Act 1946.

 

2.2        Other Definitions -

 

2.2.1     Ship Repairs mean -

 

(a)        All repair work done on ships.

 

(b)       All work other than the making of spare parts and stores done in a workshop used for ship repairs only.

 

(c)        Work done in a workshop used for both ship repairing, general engineering, metal moulding, steel construction, and other heavy metal fabrications on which employees are engaged both on the ship and in the workshop.

 

2.2.2     Confined Space means a compartment or space or place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position or without proper ventilation and includes such a space -

 

(a)        In the case of a ship - inside complete tanks, chain lockers and peaks, in bilges, under engine beds, under engine room and stokehold floors, or under or inside boilers.

 

(b)       In the case of a locomotive - inside the barrels or boilers, fire boxes, water spaces of tenders, side tanks, bunker tanks, saddle tanks, or smoke boxes.

 

(c)        In other cases - inside boilers, steam drums, mud drums, fire boxes of vertical or road vehicle boilers, furnaces, flues, combustion chambers, receivers, buoys, tanks, superheaters, or economizers.

 

2.2.3     Union means the Electrical Trades Union of Australia, New South Wales Branch.

 

2.2.4     Sunday means all time between midnight Saturday and midnight Sunday.

 

2.2.5     Distant Work is that in respect of which the distance or the travelling facilities to and from such place of work make it reasonably necessary that the employee should live and sleep at some place other than his/her usual place of residence at the time of commencing such work.

 

2A.  Secure Employment

 

2A.1    Occupational Health and Safety

 

2A.1.1              For the purposes of this subclause, the following definitions shall apply:

 

2A.1.1.1           A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

2A.1.1.2           A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

2A.1.2              Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

2A.1.2.1           Consult with employees of the labour hire business and/or contract business  regarding the workplace occupational health and safety consultative arrangements;

 

2A.1.2.2           Provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

2A.1.2.3           Provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

2A.1.2.4           Ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

2A.1.3 Nothing in this subclause (c) is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

2A.2    Disputes Regarding the Application of this Clause

 

Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

2A.3    This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

3.  Deleted

 

4.  Margins

 

4.1        Additional Margins - The additional margins as set out in the items specified in Table 2 - Additional Margins, of Part B, Monetary Rates, shall be paid for all purposes of the award:

 

4.1.1     Electrical Mechanic's Licence - additional margin to be paid to an employee employed and working as a tradesperson and possessing the New South Wales Electrical Mechanic's Licence as follows:

 

Qualified Supervisor Certificate (Electrician) - Item 1 of the said Table 2

 

Certificate of Registration (Electrician) - Item 2 of Table 2

 

An employee who possesses the New South Wales Electrical Licence, (Qualified Supervisor Certificate), shall be paid per week the amount set out in Item 3 of Table 2 to reimburse for the expense of renewing the above licence.  This amount is not to be paid for all purposes of the award.  This allowance shall cease to be payable in the event that the Building Services Corporation removes the licence renewal fee.

 

4.1.2     Leading Hand as defined, additional margin - Item 4 of Table 2

 

4.1.3     Construction Work

 

4.1.3.1              Additional margin to be paid to employees on construction work in connection with the erection, maintenance, renovation or demolition of buildings or structures - Item 5 of Table 2

 

4.1.3.2              The additional margin is in consideration of conditions peculiar to construction work which are:

 

4.1.3.2.1           Working in the open and thereby being subject to climatic conditions, i.e. from dust blowing in the wind, brick dust, drippings from concrete, etc;

 

4.1.3.2.2           Sloppy conditions;

 

4.1.3.2.3           Lack of usual amenities associated with factory work, e.g. meal rooms, change rooms, locker, &c.,

 

4.1.3.3              This additional margin shall not apply to ship work or to employees on maintenance work in mixed industries.

 

4.1.4     Special Allowance -

 

4.1.4.1              Additional margin to be paid to employees on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures - Item 6 of Table 2

 

4.1.4.2              This additional margin shall not apply to ship work or to employees on maintenance work in mixed industries.

 

4.1.5     Ship Repair Work

 

4.1.5.1              Additional margins to be paid to employees engaged on ship repairs:

 

Tradesperson - Item 7 of Table 2

 

All other labour - Item 7 of Table 2

 

4.1.6     Power House Work

 

4.1.6.1              Tradespersons and their assistants employed in large operating power house (i.e. power house developing more than 8,000 kilowatts) other than those not on the regular staff employed on new construction work shall be paid as set out in Item 8 of Table 2.  Such amount shall be deemed to include all special rates prescribed in clause 14, Special Rates. This allowance shall continue to be payable to tradesperson attached to the staffs of such power houses whilst carrying out repairs or maintenance in rotary converter and/or static substations which are in regular operation.

 

4.1.7     Electrical tradespersons employed at Australian Gypsum Ltd., Camellia, shall be paid as set out in Item 9 of Table 2 in addition to the rates prescribed in the said Table 1.

 

4.1.8     Supplementary Payments - The supplementary payments prescribed in Table 1 shall be paid to all employees other than employees engaged on construction work.

 

Such supplementary payments shall, to the extent of its amount, be in substitution for any over-award payment as defined hereunder which would otherwise have been paid and any such overaward payment shall be reduced by that amount.

 

"Overaward Payment" is defined as the amount (whether it be termed "over-award payment", "attendance bonus", "service increment" or any term whatsoever) which an employee performing weekly ordinary hours of work would receive in excess of the employee's weekly wage rate as defined by subclause (i), Weekly Wage Rate, of Clause 8, Wage Rates.

 

The supplementary payment shall be paid for all purposes of the award.

 

4.2        Apprentice Rates -

 

4.2.1     Indentured Apprentices - As set out in Table 3 - Apprentice Rates, of Part B, Monetary Rates.

 

4.2.1.1              In addition to the above rates, apprentices engaged on construction work in connection with the erection, repair, repair, maintenance, renovation or demolition of buildings or structures shall be paid an allowance per week as set out in Item 10 of Table 2. This allowance is in consideration of conditions peculiar to construction work which are:

 

working in the open and thereby being subjected to climatic conditions, i.e., from dust blowing in the wind, brick dust, drippings from concrete, &c;

 

sloppy conditions;

 

lack of usual amenities associated with factory work eg., meal rooms, change rooms, lockers, &c.;

 

Provided that this allowance shall not apply to ship work or to employees on maintenance work in mixed industries.

 

4.2.1.2              Apprentices engaged on ship repairs shall be paid an additional margin per week as set out in Item 11 of Table 2.

 

Provided that where an apprentice is for a period of half a day or longer, away from his/her place of employment for the purpose of receiving tuition, the amount prescribed herein shall be decreased proportionately.

 

4.2.1.3              In addition to the above rates, apprentices on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures shall be paid an allowance as set out in Item 12 of Table 2

 

4.2.1.4              The total rate of wages for apprentices in this award shall be calculated to the nearest 5 cents, any broken part of 5 cents in the result not exceeding half of 5 cents shall be disregarded.

 

4.2.2     Trainee Apprentices - As set out in the said Table 3.

 

4.2.2.1              In addition to the above rates, apprentices engaged on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures shall be paid an allowance per week as set out in Item 13 of Table 2.  This allowance is in consideration of conditions peculiar to construction work which are

 

working in the open and thereby being subjected to climatic conditions, i.e., from dust blowing in the wind, brick dust, drippings from concrete, etc.;

 

sloppy conditions;

 

lack of usual amenities associated with factory work, e.g., meal rooms, change rooms, lockers, etc.

 

Provided that this allowance shall not apply to ship work or to employees on maintenance work in mixed industries.

 

4.2.2.2              Apprentices engaged on ship repairs shall be paid an additional margin per week as set out in Item 14 of Table 2.

 

Provided that where an apprentice is for a period of half a day or longer, away from his/her place of employment for the purpose of receiving tuition, the amount prescribed herein shall be decreased proportionately.

 

4.2.2.3              The total rate of wages for apprentices in this award shall be calculated to the nearest 5 cents, any broken part of 5 cents in the result not exceeding half of 5 cents shall be disregarded.

 

4.2.2.4              In addition to the above rates, apprentices on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures shall be paid an allowance set out in Item 15 of Table 2

 

5.  No Extra Claims

 

It is a term of this award that the union undertakes, for the duration of the principles determined by the current State Wage Case decision, not to pursue any extra claims, award or over-award, except when consistent with those principles.

 

6.  Travel and Expenses

 

6.1        General Conditions -

 

6.1.1     Commencing on Job - An employee required to work at a job away from his/her workshop or depot shall, at the direction of his/her employer, present himself/herself for work at such job at the usual time of starting work.

 

6.1.2     Location of Workshop or Depot - Upon the commencement of this award or the commencement of a contract of employment, the employer shall notify the employee of the location of the employee's workshop or depot and such location shall be recorded in the employee's wages record and/or service record; provided that if it becomes necessary for the location of the workshop or depot to be changed, the employer shall give the employee not less that 14 days notice of such change.

 

6.1.3     Transportation - The employer shall provide or arrange transport where reasonable and necessary for travelling as follows:

 

6.1.3.1 between jobs, and

 

6.1.3.2 between the employee's workshop or depot and jobs.

 

6.2        Travel -

 

6.2.1     Travelling Time - For the purpose of this clause, all time reasonably spent in travelling shall be travelling time.

 

6.2.2     In computing reasonable travelling time and for the purpose of Excess Travelling Time, the following shall apply:

 

6.2.2.1              Where the employee uses public transport on his/her journey, travelling time shall include all time reasonably spent:

 

(1)        In waiting between public transport connections; and

 

(2)        Between disembarking from public transport and the time of starting work; and

 

(3)        Between finishing work and embarking on public transport.

 

6.2.2.2              Where the employee is required to walk on his/her journey, walking time shall be at the rate of 12 minutes per kilometre.

 

6.2.2.3              Where the employee uses a motor vehicle, other than public transport on his/her journey, travelling time shall be calculated as follows:

 

(1)        Where the journey or portion of the journey is within:

 

48 kilometre radius of the General Post Office, Sydney;

 

or 32 kilometre radius of the General Post Office, Newcastle; or

 

The boundaries of the Port Kembla-Wollongong District (see NSW Industrial Gazette, volume 52, Page 783);

 

At the rate of two minutes for each kilometre of the journey.

 

(2)        Where the journey or portion of the journey is outside the area prescribed above, at the rate of 1.25 minutes for each kilometre of the journey.

 

6.2.3     Excess Travelling Time - For the purpose of this clause, excess travelling time is all time reasonably spent by an employee in travelling to or from a job away from his/her workshop or depot in excess of time usually spent by the employee in travelling to or from his/her home and his/her workshop or depot.

 

6.2.4     Excess Travelling Time Payment - An employee shall be paid for excess travelling time at ordinary time rate except on a holiday or Sunday when payment shall be at the rate of time and a half.

 

6.2.5     Travelling Time Payment - To or From Distant Work - An employee travelling to or from distant work shall be paid for all time occupied in such travel at ordinary time rates up to a maximum of 12 hours out of every 24 hours, or, where a sleeping berth is provided, a maximum of 8 hours out of every 24 hours.

 

6.3        Fares and Expenses -

 

6.3.1     Fares and Expenses - The employer shall pay for all fares and/or expenses reasonably incurred by an employee in excess of those usually incurred by the employee in travelling between his/her home and his/her workshop or depot.  Such fares and expenses shall include fares and/or expenses incurred in travelling between the workshop or depot and a job and in a travelling between jobs.

 

6.3.2     Fares and Expenses - Distant Work - The employer shall pay for any fares and/or expenses incurred in conveying an employee and the employee's tools and such personal belongings reasonably required for his/her personal use to and from distant work.  Such expenses shall include cost of meals partaken and insurance of personal belongings whilst in transit.

 

6.3.3     Motor Vehicle Allowance - An employer shall pay to an employee a motor vehicle allowance per kilometre as set out in Item 1 of Table 4 of Part B as compensation for expenses where the employee, by agreement with his/her employer, uses his/her own motor vehicle in the following cases:

 

6.3.3.1              For the distance of his/her journey which is in excess of the distance of the journey between the employee's home and his/her workshop or depot where the employee starts or finishes work at a job away from his/her workshop or depot; or

 

6.3.3.2              For the distance of his/her journey where the employee is recalled to work overtime after leaving his/her employer's business; or

 

6.3.3.3              For the distance of his/her journey in travelling between his/her workshop or depot and a job or between jobs; or

 

6.3.3.4              For the distance of his/her journey in travelling to or from distance work.

 

6.4        Travel and Expenses - Construction and Shipping Work -

 

6.4.1     Scope - This section shall apply to employees covered by this award  who are engaged in shipping work or on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures, who are required to start and finish work on the job away from the employer's workshop or depot and to employees hired on a construction site for work on that site.

 

6.4.2     Average Excess Travelling Time - Construction &c. Work -

 

6.4.2.1              In lieu of the provisions of 6.2.3, Excess Travelling Time and 6.2.4, Excess Travelling Time Payment, an employee to whom this section applies shall be paid 0.8 hour's pay per day, calculated as prescribed by clause 8, Wage Rates.  Such payment shall be made as compensation for average excess travelling time to and from a place of work.

 

6.4.2.2              The average excess travelling payment prescribed in 6.4.2.1 shall be paid in accordance with one of the following payment systems:

 

(1)        Weekly Payment System - Where a weekly payment system applies to an employee his/her average excess travelling time rate shall be 0.8 hour's pay per day: or

 

(2)        Average Payment System.

 

(i)         So as to avoid fluctuating average excess travelling time payments each week, an employee may be paid according to a weekly average of the daily average excess travelling time rate prescribed by this subsection.  Such weekly average excess travelling time rate shall be calculated by multiplying the daily average excess travelling time rate by the number of ordinary days of work in his/her work cycle and then dividing by the number of weeks in his/her work cycle.

 

(ii)        Formula and Example:

 

Weekly Average Excess Travelling Time Rate.

 

=	Daily average excess travelling time x Ordinary days of work per
	work cycle divided by weeks per work cycle
=	0.8 hours x 19 days ÷ 4
=	3.8 hours weekly average excess travelling time.

 

(iii)       In such case, where an employee is absent for the whole of a day, the employee shall lose average excess travelling time rate for that day calculated by dividing his/her weekly average excess travelling time rate by five.

 

6.4.2.3              Provided that, where an employee's average daily time of journeys to and from the employee's residence and a place of employment exceeds 3 hours per day, the employee shall be paid 0.8 hour's pay per day, and, in addition, shall be paid at ordinary time rate (except on a Sunday or a holiday when the rate shall be time and a half) for the average daily journey time which exceeds 3 hours per day.

 

6.4.2.4              Provided further that this subsection shall not inhibit the provisions of the definition at paragraph 2.2.5 of clause 2, Definitions.

 

6.4.3     Average Excess Fares - Construction Work &c.

 

6.4.3.1              In lieu of the provisions of subclause 6.3.1, Fares and Expenses and 6.3.3.1 of 6.3.3, Motor Vehicle Allowance employees to whom this subclause applies shall be paid an allowance per day as set out in Item 2 of Table 4 of Part B as compensation for average excess fares to and from places of work.

 

6.4.3.2              The average excess fares payment prescribed in 6.4.3.1 shall be paid in accordance with one of the following payment systems:

 

(1)        Weekly Payment System. Where a weekly payment system applies to an employee his/her average excess fares shall be paid at an allowance as set out in Item 2 of Table 4 of Part B; or

 

(2)        Average Payment System

 

(i)         So as to avoid fluctuating average excess fares payments each week, an employee may be paid according to a weekly average of the daily average excess fare rate prescribed by this subsection.  Such weekly average fares rate shall be calculated by multiplying the daily average excess fares rate by the number of ordinary days of work in his/her work cycle and then dividing by the number of weeks in his/her work cycle.

 

(ii)        Formula and Example

 

As set out in Item 3 of Table 4 of Part B.

 

(iii)       In such case, where an employee is absent for the whole of a day, the employee shall lose average excess fares rate for that day calculated by dividing his/her weekly average excess fares rate by five.

 

6.4.4     The allowance prescribed by this subclause 6.4.3 shall not be payable if the employer provides or offers to provide transport from the employee's home to the job and return, free of charge to the employee.  The employee's home for this purpose shall include a place where an employee camps or where he/she is temporarily living.

 

6.4.5     Provided that where an employee is engaged on distant work and resides on the site of the job he/she shall not be entitled to the allowance prescribed inn this subsection.

 

6.4.6     Workshop - For the purposes of this section "workshop" shall mean a company head office, branch office and any established workshop except that which may be located on the job.

 

6.5        Government Works and Camps -

 

6.5.1     Scope - This section shall apply to the following:

 

6.5.1.1              Government Works - An employee engaged on work in connection with the construction and/or maintenance of water supply and sewerage works, bridges or water conservation and irrigation works, harbour and reclamation works carried out by Government Authorities, or

 

6.5.1.2              Camps - An employee who is required to camp either by direction of the employer or because no reasonable transport facilities are available to him/her to proceed to and from his/her home each day.

 

6.5.2     Travelling Time and Fares - In lieu of the provisions of 6.2.3 - Excess Travelling Time, and 6.2.4 - Excess Travelling Time Payment, and 6.3.1 - Fares and Expenses, and all of 6.4 - Travel and Expenses - Construction and Shipping Work, of this clause, employees to whom this section applies shall be paid the rates and allowed the conditions in respect of travelling time and fares prescribed by the General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award published on 15 August 1984 (234 IG 1248) or by any award replacing the said award.

 

7.  Tools

 

7.1        Provision of Tools - Employers shall continue to provide such tools of trade as were customarily provided at the time of the making of this award.

 

7.2        Power Tools, &c. -An employer shall provide for the use of tradesmen and apprentices all power tools, special purpose tools, precision measuring instruments and electrical measuring and/or testing instruments where the use of such equipment is reasonable and necessary.

 

7.3        Tool Allowance -

 

7.3.1     For tools not customarily provided by the employer at the date of commencement of this award but which are ordinarily required by tradesmen and apprentices for the performance of their duties and are supplied by an employee, an allowance as set out in Item 16 of Table 2 shall be paid subject to the employee maintaining an adequate kit of tools.

 

7.3.2     Such allowance shall be paid for all purposes of the award.

 

NOTE:  A consideration for the granting of the above allowance is that the obligation for insuring an employee's tools against theft shall not rest upon the employer.

 

7.4        Carrying Tools, &c. - An employee shall not be required to carry tools and/or materials exceeding 20 kilograms in weight to or from the job.

 

7.5        Storing Employees' Tools - At each workshop or depot and at each job site an employer shall provide suitable free storage accommodation for employees' tools.  An employer shall ensure that such tool storage accommodation is as secure as practicable against unauthorized entry outside working hours.

 

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

 

8.  Wage Rates

 

Wage rates shall be calculated as prescribed by this clause.

 

8.1        Weekly Wage Rate - The ordinary weekly wage rate of any employee to whom this award applies shall be calculated by adding the amounts prescribed by:

 

8.1.1     Table 1 of Part B, Monetary Rates;

 

8.1.2     The tool allowance prescribed by subclause 7.3, Tool Allowance of clause 7, Tools; and

 

8.1.3     the casual hire rate prescribed by clause 11, Contract of Employment, where such casual hire rate is applicable.

 

8.1.4     Any margins applicable as per Clause 4, Margins

 

8.2        Hourly Wage Rate - The ordinary hourly wage rate of any employee to whom this award applies shall be calculated by dividing the weekly wage rate, prescribed by subclause 8.1, Weekly Wage Rate of this clause, by the weekly ordinary hours per week prescribed by subclause 17.1, Weekly Ordinary Hours per week of clause 17, Hours of Work - Day Workers, although more or less than the average weekly ordinary hours may be worked by the employee in any particular week of his/her work cycle.

 

The ordinary hourly wage rate shall be calculated to the nearest cent other than when the calculation comes to the exact half cent and in such case the ordinary hourly wage rate shall be calculated to that half cent.

 

8.3        All Purpose Rate - The ordinary hourly wage rate calculated in accordance with subclause 8.2, Hourly Wage Rate, of this clause shall be applied for all purposes of the award including the calculation of overtime and other penalty rates.

 

8.4        Tradesman's Work - Notwithstanding anything elsewhere contained in this award any employee engaged on tradesmen's work shall be paid the appropriate tradesman's wage rate whilst so engaged.

 

8.5        Mixed Functions - an employee engaged for more than 2 hours during one day or shift on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for such day or shift; if so engaged for 2 hours or less during one day or shift he/she shall be paid the higher rate for the time so worked.

 

8.6        Extra Rates Not Cumulative - Extra Rates in this award except rates prescribed in clauses 14, Special Rates; 15, Multi‑storey Allowance; 16, Distant Places and the rate of payment prescribed by subclause 20.1.2, Payment of Work on a Holiday of clause 20, Holidays and Sunday Work for work on a holiday are not cumulative so as to exceed the maximum of double the ordinary rates.

 

8.7        The rates of pay in this award include the adjustments payable under the State Wage Case 2007. These adjustments may be offset against:

 

8.7.1     any equivalent overaward payments; and/or

 

8.7.2     award wage increases since 29 May 1991, other than safety net, State Wage Case, and minimum rates adjustments.

 

9.  Payment of Wages

 

9.1        General - The following shall have application to all sections of this clause.

 

9.1.1     Weekly Payments - Subject to any custom existing at the time of making this award, wages, allowances and expenses shall be paid weekly.

 

9.1.2     Pay Period - The pay period for the payment of wages, allowances and expenses shall end at the usual time of ceasing work not more than two clear ordinary working days prior to the commencement of pay day.

 

9.1.3     Pay Day -

 

9.1.3.1              Upon commencement of this award or the commencement of a contract of employment the employer shall notify the employee of the day of the week upon which the employee is to be paid his/her wages, allowances and expenses and such day shall be recorded in the employee's wages and/or service record as pay day.

 

9.1.3.2              Pay day may be altered as to all or a section of employees in an employer's establishment upon the employer giving the employees affected and the union 14 days' notice of such alteration; provided that this paragraph shall not apply to paragraph 9.1.4, Pay Day Falling on a Holiday, of this section.

 

9.1.4     Pay Day Falling on a Holiday - Where pay day falls on a holiday and subject to the other provisions of this clause, an employee shall be paid whatever wages, allowances and other expenses are due to him on the working day before the holiday.  In such cases the substituted day shall be deemed to be pay day for the week in question.  Provided that an employer and the union may agree on any variation to this subclause to apply to the employer's establishment.

 

9.1.5     Pay Day Falling on a Leisure Day - Where pay day falls on a leisure day (as prescribed by paragraph 17.6.3, of subclause 17.6, Systems of Ordinary Hours of Work of clause 17, Hours of Work - Day Workers, of this award) or on a day which is substituted for an employee's leisure day (in accordance with the provisions of subclause 17.9, Substitution of Leisure Day of the said clause 17), an employee shall be paid whatever wages, allowances and other expenses are due to him/her on the working day before the leisure day.  In such cases the substituted day shall be deemed to be pay for the week in question. Provided that in any project, undertaking or establishment either:

 

9.1.5.1              An employer and the majority of employees, or

 

9.1.5.2              where a rostered leisure day method (as prescribed by paragraph 17.6.2 of the said clause 17) applies, an employer and an employee may agree on any variation to the  operation of this subclause.

 

9.1.6     Payments to be Made -

 

9.1.6.1              Wages due for time worked during a pay period shall be paid on the first pay day occurring after the end of that pay period.

 

9.1.6.2              Allowances due and expenses incurred during a pay period shall be paid on the first pay day occurring after the end of the pay period in which such allowances or expenses are claimed.

 

9.1.6.3              An employer and the union may agree on any variation to this subclause to apply to the employer's establishment.

 

9.1.7     Payment on Termination of Employment - Upon termination of the employment wages, allowances and expenses due to an employee shall be paid to him/her on the day of such termination or forwarded to him/her by post on the next working day.

 

9.1.8     Waiting for Payment -

 

9.1.8.1              An employee kept waiting for his/her wages on pay day for more than 15 minutes after the usual time of ceasing work shall be paid overtime rates after that 15 minutes with a minimum of 15 minutes.

 

9.1.8.2              If wages are not paid on pay day, except where the default has not been caused by the employer, a penalty of payment of 2 hours at ordinary rates shall be incurred and shall be paid together with the normal pay by mid‑day on the next working day after pay day.

 

9.1.9     Statement of Wages Due - On or prior to pay day the employer shall state to each employee, in writing, the amount of wages, allowances and expenses to which he/she is entitled, the amount of deduction made therefrom and the net amount being paid to him.

 

9.2        Payments Systems - The payment system to be applied to an employee shall be determined in accordance with one of the following provisions:

 

9.2.1     Weekly Payment System - Where an employee works a fixed weekly hours system of work as prescribed by paragraph 17.6.1, Fixed Weekly Hours System of subclause 17.6, Systems of Ordinary Hours of Work of the said clause 17, Hours of Work - Day Workers, the employee's payment system shall be for the actual ordinary hours worked.

 

9.2.2     Average Payment System - Where an employee works an average weekly hours system of work as prescribed by paragraph 17.6.2, Average Weekly Hours Systems of subclause 17.6, Systems of Ordinary Hours of Work of the said clause 17, Hours of Work - Day Workers, the employee's payment system shall be either:

 

9.2.2.1              for the actual ordinary hours worked, or

 

9.2.2.2              so as to avoid fluctuating wage payments each week, an employee may be paid according to a weekly average of the ordinary hours in a work cycle, although more or less than the average weekly ordinary hours may be worked by the employee in any particular week of his/her work cycle.  Provided that the average payment system to be used is determined by agreement between an employer and the majority of employees in any project, undertaking, or establishment.

 

9.2.3     Alternative Payment Systems - Where the employer and the majority of employees in a project, undertaking or establishment agree, an alternative payment system to those prescribed by this subclause may be introduced.

 

9.2.4     Absences - Average Payment Systems - Where an employee is paid in accordance with paragraph 9.2.2, Average Payment System of this section the following shall apply when the employee is absent during ordinary hours of work other than for annual leave, long service leave, paid sick leave, bereavement leave or on worker's compensation leave.

 

9.2.4.1              Where the employee is absent for the whole of a day, the employee shall lose average pay for that day calculated by dividing the employee's average weekly wage payment by 4.75 (i.e. the average number of days of work per week in a work cycle).

 

9.2.4.2              Where during a pay period the employee is absent from ordinary hours of work for a total time which exceeds the weekly ordinary hours of work prescribed by subclause 17.1 of the said clause 17 (i.e. 38 hours), the employee shall lose only the employee's average weekly wage payment for that pay period.

 

Provided that any adjustments to the employee's pay which may be necessary in respect of that pay period arising from the application of this paragraph shall be made by equal amounts during the subsequent pay periods in the work cycle which commences from the beginning of that pay period.

 

9.2.4.3              Where the employee is absent for part of a day, the employee shall lose average pay for each hour the employee is absent calculated by dividing his/her average pay for that day by 7.6 (i.e. the average number of daily ordinary hours in an ordinary work cycle).

 

9.2.5     Commencement of Employment - Average Payment System - An employee to whom an average payment system is to apply and who commences employment during a work cycle applying the project, undertaking establishment in which he/she is to work shall be paid wages due for hours actually worked until the beginning of the first work cycle which is to apply to him/her.  Thereafter he/she shall be paid in accordance with the average payment system.

 

9.2.6     Termination of Employment - Average Payment Systems - An employee to whom an average payment system applies and whose employment is terminated during a work cycle applying in the project, undertaking or establishment in which he/she is working shall be paid wages due for hours actually worked during the cycle adjusted against wages paid for that portion of the cycle worked by him/her.

 

10.  Living Away on Distant Work

 

10.1      Board and Lodging - Living Away Allowance - On distant work the employer shall, subject to the provisions of subclause 10.4 of this clause provide reasonable board and lodging or pay a living away allowance per week as set out in Item 5 of Table 4 of Part B of this award, but such allowance shall not be wages.  In the case of broken parts of a week occurring at the beginning or end of a period of distant work the allowance shall be all living expenses, actually and reasonably incurred but not exceeding the said amount.

 

10.2      Standard of Board and Lodging - Reasonable board and lodging for the purpose of this Clause shall mean lodging in a well-kept establishment with adequate furnishing, good bedding, good floor coverings, good lighting and heating in either a single room or a twin room if a single room is not available, with hot and cold running water.

 

10.3      Regular Return Home -

 

10.3.1   Except as hereinafter provided an employee on distant work shall, where practicable, be allowed to return home for the weekend at least once a month.  Where the employee so returns home, all reasonable travelling expenses incurred shall be reimbursed by the employer provided that the employee presented himself/herself for work at the site at the normal starting time on the next working day.

 

10.3.2   The travelling expenses prescribed by this subclause shall not be payable to an employee receiving the living away allowance prescribed by subclause 10.1, of this Clause.

 

10.4      Camps -

 

10.4.1   Scope - Where an employer is engaged in projects:

 

10.4.1.1            Which are located in areas where reasonable board and lodging as defined in subclause 10.2 of this clause is not available; or

 

10.4.1.2            Where the size of the work force is in excess of the available accommodation; or

 

10.4.1.3            Where there are continuous concrete pour requirements; or

 

10.4.1.4            Where the working of shifts necessitates camp accommodation;

 

His/her employees shall be provided with camp facilities constructed and maintained in accordance with the requirements of paragraph 10.4.2 of this subclause.

 

10.4.2   Camp Facilities -

 

10.4.2.1            Such an employer shall provide accommodation in single rooms, or twin rooms where single rooms are not available, fitted with suitable sleeping accommodation including mattress, pillow and blankets.  Each room shall be of not less than 14 cubic metres per person, and shall have a timber floor with floor covering provided.  Each room shall be fitted with a door and movable window of reasonable dimensions and shall be furnished with a table or suitable substitute therefore, a seat or seats and wardrobe for each person.  The windows shall be fitted with gauze screens.  Each room shall be ceiled and lined. Good artificial lighting shall be provided in each room.  Where reasonably required, provision shall be made for the heating of rooms.  Provision shall be made in the camp for suitable washing facilities including hot and cold showers.  Suitable provision shall be made for washing of clothes.  Toilets shall be adequate and sewered where possible, situated within reasonable distance from the living quarters, access to which shall be by properly lighted paths.  Provisions shall be made for the effluent from the kitchen, laundry and showers to be carried away in closed pipes and dispersed in such a way as to avoid any risk to health.

 

10.4.2.2            In such a camp messing shall be made available by the employer with provision for a choice of meals.

 

10.4.2.3            An employee who is accommodated as prescribed by subparagraph 10.4.2.1 of this paragraph shall not be eligible for the payment of the allowance prescribed by subclause 10.1 of this clause.

 

10.4.3   Camping Allowance

 

10.4.3.1            Employees who are required to camp in accordance with the provisions of paragraph 10.4.1 of this clause, shall be paid a camping allowance as set out in Item 6 of Table 4 of Part B per day for each day that the employee finds it necessary to remain in camp:

 

10.4.3.2            Provided that an employee shall not be entitled to the allowance as prescribed in subparagraph 10.4.3.1 for any working day on which he/she is absent from duty except in cases of sickness or for any reason beyond his/her own control.

 

10.4.3.3            Provided further that, if an employer elects to provide full board and suitable camp lodging, the allowance prescribed herein shall not be payable.

 

10.5      Accommodation Disputes - Any dispute concerning the standard of accommodation or camp facilities prescribed by this Clause shall be notified to the employer within one month.

 

10.6      Distant Work Defined - For the purpose of this award, distant work is that in respect of which the distance or the travelling facilities to and from such place of work make it reasonably necessary that the employee should live and sleep at some place other than his/her usual place of residence at the time of commencing such work.

 

11.  Contract of Employment

 

11.1      Weekly Employment -

 

11.1.1   Weekly Employment - Except as provided in subclause 11.3 of this clause, employment shall be by the week.  Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.

 

11.1.2   Termination of Employment -

 

11.1.2.1            Employment shall be terminated by a week's notice on either side given at any time during the week or by the payment or forfeiture of a week's wage as the case may be, except where the circumstances of termination of employment fall within the provisions of clause 12, Redundancy, of this award.

 

11.1.2.2            Where the employee has given or been given notice as aforesaid, he/she shall continue in his/her employment until the date of the expiration of such notice.  An employee who having given or been given notice as aforesaid and without reasonable cause (proof of which shall lie on him/her) absents himself/herself from work during such period shall be deemed to have abandoned his/her employment and shall not be entitled to payment for work done by him/her within that period.

 

11.1.2.3            Provided that where an employer has given notice as aforesaid, an employee on request shall be granted leave of absence without pay for one day in order to look for alternative employment.

 

11.1.2.4            Notwithstanding the provisions of subparagraph 11.1.2.1 of this subclause the employer shall have the right to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only.

 

11.2      Part-time Employment -

 

11.2.1   An employee may be engaged on a part time basis.  A part-time employee shall mean a weekly employee engaged to work regular days and regular hours, either of which are less than the number of days or hours worked by a full time employee.

 

11.2.2   A part-time employee is entitled to a minimum start per occasion of four continuous hours

 

11.2.3   A part-time employee will be paid ordinary rates for all work inside of their normal working hours as defined in their employment contract.  Those normal working hours must not exceed 38 per week.  All hours outside of the normal working hours are to be paid at overtime rates.

 

11.2.4   No employee to whom this award applies shall be transferred by his/her employer to part-time employment or terminated with a view to re-employment as a part-time employee without the consent of the employee.

 

11.2.5   Part-time employees shall in respect of ordinary hours of employment be paid at the rate per hour of one thirty eighth of the prescribed weekly rate for the appropriate classification.

 

11.2.6   Subject to this clause, all the provisions of this award shall apply to a part-time employee on a pro rata basis.

 

11.3      Casual Employment -

 

11.3.1   Casual Employment - A casual employee is one engaged and paid as such.

 

11.3.2   Duration of Casual Employment - Except by mutual agreement between the employer and the employee a casual employee shall, after 2 weeks' employment, be deemed to be a weekly employee whose terms of employment shall forthwith be as prescribed by subclause 11.1 of this clause.

 

11.3.3   Casual Employment Additional Rate - A casual employee shall be paid 12 per centum of the weekly rate prescribed by clause 8, Wages Rates (except for paragraph (c) of subclause 8.1 of the said clause 8) in addition to the weekly wage rate prescribed by this award for the work which he/she performs.  The casual employment additional rate shall be paid for all purposes of the award.

 

11.3.4   Minimum Payment - A casual employee who is requested to report for work shall be paid a minimum of 4 hours' pay.

 

11.4      General -

 

11.4.1   Scope - This section shall have application to weekly and casual employees.

 

11.4.2   Absence from Duty - An employee (other than an employee who has given or received notice in accordance with this clause) not attending for duty shall except as provided by clauses 22, Sick Leave, 23, Personal/Carer's Leave, 24, Annual Leave and 25, Other Leave, lose his/her pay for the actual time of such non‑attendance.

 

11.4.3   Standing Down of Employees - The employer shall have the right to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppages of work by any cause for which the employer cannot reasonably be held responsible.

 

11.4.4   Abandonment of Employment -

 

11.4.4.1            The absence of an employee from work for a continuous period exceeding 3 working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned his/her employment.

 

11.4.4.2            Provided that if within a period of 14 days from his/her last attendance at work or the date of his/her absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of his/her employer that he/she was absent for reasonable cause he/she shall be deemed to have abandoned his/her employment.

 

11.4.4.3            Termination of employment by abandonment in accordance with this sub-clause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later.

 

11.4.5   Notwithstanding anything expressed or implied in this award or in Industrial Agreement No. 6493 and notwithstanding any term in the contract of employment of any employee, Australian Oil Refining Pty. Limited shall have the right to stand down for any period and shall be exempted from liability to pay any employee employed by the company hereunder, for any such period during which the employee, reasonably, cannot be given work by reason of:

 

11.4.5.1            any strike, or any ban, limitation or restriction upon the performance of any work at the Kurnell refineries of the companies; or

 

11.4.5.2            the shutdown of the Kurnell refineries of the aforesaid companies or any part thereof on or after 26 August 1982.

 

11.4.6   Notwithstanding any provision of this award or in Industrial Agreement No. 6493 the standing down pursuant to this subclause of any employee shall be treated as not having broken the continuity of employment of that employee and the period or periods of stand-down shall not be considered a period of absence from duty for the purpose of any provision of any award or any industrial agreement providing for or in relation to annual leave or long service leave.

 

11.4.7   Notwithstanding any other provision of any award or any industrial agreement any employee stood down pursuant to the provisions of paragraph 11.4.6 above shall be entitled to terminate his/her employment by giving one day’s notice of such termination or by forfeiting one day’s pay, and any such employee whose employment is terminated by his/her giving one day’s notice of such termination shall be regraded as having had his/her employment terminated by the company without default of the employee.

 

11.4.8   For the purpose of these stand-down provisions "period" shall mean a part of a day, a day or more than a day as the case may be.

 

11.4.9   Notwithstanding any other provision of any award or any industrial agreement:

 

11.4.9.1            An employee who is required to attend for work on any day and who, pursuant to an award or an industrial agreement binding upon him, works on that day shall be paid his/her ordinary pay for the time worked or for four hours whichever be the greater; provided that if he/she works for not less than 75 per cent of the ordinary hours for the day, he/she shall be paid his/her ordinary pay for a full day; and

 

11.4.9.2            An employee who is required to attend for work on any day and who attends and who, pursuant to these stand-down provisions, is not required to work shall be paid for that day his/her ordinary pay for two hours plus the sum of $1.00.

 

11.4.10             These stand-down provisions shall not affect the right of the company to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only.  These stand-down provisions shall not affect the right of the company not to pay an employee who is not ready, willing and able to perform the service for which he/she has contracted in accordance with the lawful and reasonable directions of the company.

 

11.4.11             An employee who, pursuant to these provisions is not required to work for any period shall be  deemed to have worked for the period for all purposes related to leave of any kind whether prescribed by any Act or award or industrial agreement or other wise or related to entitlement to any holiday, prescribed by any award or industrial agreement, provided that an employee who by this clause is deemed to have worked on a public holiday shall be paid at ordinary time for such day or days.

 

11.4.12             An employee shall not be a part-time employee or a casual employee merely by reason of not being required to work for any period pursuant to these provisions.

 

11.4.13             An employee to whom the company proposes to apply these stand-down provisions may elect to take any period of an annual holiday in lieu of being stood down. Provided that this clause shall be read and construed subject to the provisions of the Annual Holidays Act 1944 to the intent that any provision of this clause inconsistent with any provision of that Act shall be deemed to be of no force and effect.

 

11.4.13             Where the usual pay day of an employee to whom these stand-down provisions are applied occurs during any period when the employee is stood down the employer may postpone that pay day of such employee to the next day on which the employee works, unless the employee, while so stood down, elects to attend on the relevant usual pay day the place where he/she is usually paid.

 

11.4.14             The company shall daily make and preserve and keep a true and accurate record of the name of each employee to whom the company applies these stand-down provisions and of the days and times when the employee was, because of the said application of those provisions, not required to work, and shall make such record available for inspection by the secretary of the industrial union concerned at an time that is reasonable in the circumstances.

 

11.4.15             Leave is reserved to the company and to an industrial union of employees whose member or members, being an employee or employees of the company, is or are affected by the provisions f this clause, to apply at any time in respect of the provisions of this clause.

 

12.  Redundancy

 

12.1      Application -

 

12.1.1   This award shall apply in respect of full time and part‑time persons employed in the classifications specified by clause 4, Margins.

 

12.1.2   In respect to employers who employ 15 employees or more immediately prior to the termination of employment of employees, see subclause 12.4, Termination of Employment of this clause.

 

12.1.3   Notwithstanding anything contained elsewhere in this award, this award shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

12.1.4   Notwithstanding anything contained elsewhere in this award, this award shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

12.2      Introduction of Change -

 

12.2.1   Employers duty to notify -

 

12.2.1.1            Where an employer has made a definite decision to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

12.2.1.2            "Significant effects" include termination of employment, major changes in the composition, operation or size of the employers workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or location and the restructuring of jobs.

 

Provided that where the award specified in paragraph 12.3.1 makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

12.2.2   Employer's duty to discuss change

 

12.2.2.1            The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subparagraph 12.2.1.1 of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

12.2.2.2            The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said subparagraph 12.2.1.1.

 

12.2.2.3            For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees.  Provided that any employer shall not be required to disclose confidential information, the disclosure of which would adversely affect the employer.

 

12.3      Redundancy -

 

12.3.1   Discussions before terminations -

 

12.3.1.1            Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subparagraph 12.2.1.1 of this clause and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

 

12.3.1.2            The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph 12.3.1.1 of this subclause and shall cover, inter alia, any reasons for the proposed termination and measures to mitigate any adverse effects of any termination of the employees concerned.

 

12.3.1.3            For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out.  Provided that any employer shall not be required to disclose confidential information, the disclosure of which would adversely affect the employer.

 

12.4      Termination of Employment -

 

12.4.1   Notice for Changes in Production, Programme, Organisation or Structure - This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with subparagraph 12.2.1.1 of this clause.

 

12.4.1.1            In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

Period of continuous service	Period of notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

12.4.1.2            In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.

 

12.4.1.3            Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

12.4.2               Notice for Technological Change - This subclause sets out the notice to be applied to terminations by the employer for reasons arising from "technology" in accordance with subparagraph 12.2.1.1 of this award:

 

12.4.2.1            In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

 

12.4.2.2            Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

12.4.2.3            The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

12.4.3   Time off during the notice period -

 

12.4.3.1            During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

 

12.4.3.2            If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

12.4.4   Employee leaving during the notice period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

12.4.5   Statement of employment - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

 

12.4.6   Notice to Centrelink - Where a decision has been made to terminate employees, the employer shall notify the Centrelink thereof as soon as possible giving relevant information including the number of categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

12.4.7   Centrelink Separation Certificate - The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by Centrelink.

 

12.4.8   Transfer to lower paid duties - Where an employee is transferred to lower paid duties for reasons set out in paragraph 12.2.1 of subclause 12.2 above, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment has been terminated, and the employer may at the employer's option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

 

12.5      Severance Pay -

 

12.5.1   Where an employee is to be terminated pursuant to subclause 12.4 of this clause, subject to further order of the Industrial Relations Commission, the employer shall pay the employee the following severance pay in respect of a continuous period of service:

 

12.5.1.1            If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Years of Service Entitlement	Under 45 Years of Age
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

12.5.1.2            Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

Years of Service	45 Years of Age and Over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

12.5.1.3            "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, over-award payments, shift penalties and allowances paid in accordance with clauses 4, Margins, 7, Tools, 8, Wage Rates, and 21, Shift Work, of this award.

 

12.5.2   Incapacity to Pay - Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph 12.5.1 of this subclause.

 

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph 12.5.1 will have on the employer.

 

12.5.3   Alternative Employment - Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph 12.5.1 if the employer obtains acceptable alternative employment for an employee.

 

13.  Prohibitions

 

13.1      Improvers Prohibited - No improvers shall be employed in any of the occupations covered by this award for which an apprenticeship is provided.

 

13.2      Piecework Prohibited - Piecework and/or contracts for labour only or substantially for labour only are prohibited.  Such prohibition, however, shall not apply to labour only or substantially labour only contracts where the contractor employs journeymen in accordance with the terms of this award in carrying out the contracts.

 

13.3      Payment by Results Prohibited - Any system of payment by results in the electrical contracting industry is prohibited: Provided that an employer and the union may agree on any variation to this subclause to apply to the employer's establishment.

 

14.  Special Rates

 

In addition to the wage rates calculated as prescribed by clause 8, Wage Rates, the following disability rates and allowances and additional rates and allowances shall be paid:

 

14.1      Section I - Disability Rates -

 

14.1.1               Dirty Work - Where conditions are unusually offensive or unhealthy or more injurious to clothing than the ordinary workshop conditions, a dirty work allowance, as set out in Item 1 of Table 5, of Part B, Monetary Rates shall be paid.

 

14.1.1.1            Such conditions (without limiting the definition) may be found in holds, stokeholds, engine rooms, about boilers, forecastles, galleys and other rooms, and on or about mast head lights of ships that have been in commission.

 

14.1.1.2            Unless it can be shown that the conditions appertaining to any particular job done in connection with such works are no dirtier than the ordinary workshop conditions then the following shall be considered dirty work:

 

14.1.1.2.1         Work done at the following places: Wool scouring works, tanneries, boiling down works, sugar works, galvanizing works, lead works, paint works, smelting works, converting cyaniding and all dry crushing and/or grinding plants, sanitary works, fertilizer works, chemical works, abattoirs, knackeries, slaughter yards, cement works, mines and/or at pit tops.

 

14.1.1.2.2         Work done on or in the following: The space between the ceiling and roof of a building that has been occupied.

 

The space between the ceiling and the floor above of a building that has been occupied.

 

The space between the earth and the floor above of any building.

 

14.1.1.2.3         The following work: Operating a power tool to cut or groove (i.e. chase) brickwork, plaster, rockwork, concrete and other masonry work.

 

On repairs to electrically driven vehicles that have been in use.

 

On repairs to smoke boxes, fire boxes, uptake funnel, flue, furnace or combustion Chamber of a locomotive, marine or type of boiler.

 

On repairs in oil tanks or meat digesters.

 

On repairs to incinerators and/or incinerating devices which have been in use.

 

14.1.1.3            For ship repair work which a foreman and workman shall agree is of an unusually dirty or offensive nature the dirty work allowance, as set out in Item 2 of the said Table 5 shall be paid.

 

14.1.2               Confined Spaces - An employee working in a confined space (as defined in clause 2, Definitions) shall be paid a confined space allowance as set out in Item 3, Table 5.

 

14.1.3               Insulating Material - Temperature, Sound, &c. - An employee handling silicate of cotton, slag wool, rock wool or glass fibre wool for the purpose of insulation or who it is agreed between the employer and the employee is working in the immediate vicinity so as to be affected by the use thereof shall be paid an insulation material allowance as set out in Item 4 of the said Table 5.  Such allowance shall be paid for the remainder of the day or shift after the time that it first becomes payable.

 

14.1.4               High Places -

 

14.1.4.1            An employee working on a building or structure of a height of 15 metres or more directly above a substantial level surface shall be paid a height allowance as set out in Item 5 of the said Table 5 and an additional amount as set out in Item 5 of the said Table 5 for each further 15 metres increase in the height at which he/she is working.

 

14.1.4.2            An employee working on any building or structure in a bosun's chair or swinging scaffold at a height up to 15 metres directly above a substantial level surface shall be paid a height allowance as set out in Item 5 of the said Table 4 and an additional amount as set out in item 5 of the said Table 4 for each further 15 metres increase in the height at which he/she is working.

 

14.1.5               Wet Places

 

14.1.5.1            An employee working in any place where his/her clothing or footwear becomes appreciably wet shall be paid a wet places allowance as set out in Item 6 of the said Table 5.

 

14.1.5.2            Provided that the wet places allowances shall not be payable where the employer provides the employee with suitable protective clothing and footwear.

 

14.1.5.3            Provided further that any employee who becomes entitled to the wet places allowance shall be paid such allowance for such part of the day or shift he/she is required to work in wet clothing or footwear.

 

14.1.6               Hot Places -

 

14.1.6.1            An employee working for more than one hour in the shade in places where the temperature is raised to between 46 degrees Celsius and 54 degrees Celsius shall be paid a hot places allowance as set out in Item 7 of the said Table 5.  In places where the temperature exceeds 54 degrees Celsius the hot places allowance shall be as set out in Item 7 of Table 5.  Where work continues for more than 2 hours in temperatures exceeding 54 degrees Celsius the employee shall be entitled to 20 minutes rest after every 2 hours' work without deduction of pay. 

 

14.1.6.2            The temperature shall be decided by the foreperson the work after consultation with the employee who claims the hot places allowance.

 

14.1.7               Cold Places - An employee working for more than one hour in places where the temperature is reduced by artificial means below 0 degrees Celsius shall be paid a cold places allowance as set out in Item 8 of Table 5.  Where work continues for more than 2 hours in temperatures below 0 degrees Celsius the employee shall be entitled to a rest period of 20 minutes after every 2 hours' work without deduction of pay.

 

14.1.8               Explosive Powered Tools - An employee required to use explosive powered tools shall be paid an hourly explosive powered tools allowance of 1/8 of the daily rate with a minimum payment as set out in Item 9 of Table 5.

 

14.1.9               Toxic Substances -

 

14.1.9.1            An employee required to use toxic substances shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.

 

14.1.9.2            Employees using such materials will be provided with and shall use all safeguards as are required by the appropriate Government authority.

 

14.1.9.3            Employees using toxic substances or materials of a like nature, where such substances or materials are used in quantities of 0.5 kg or over, shall be paid the amount as set out in Item 10 of Table 5.

 

Employees working in close proximity to employees so engaged so as to be affected by the use of such substances or materials shall be paid the amount as set out in Item 10 of Table 5.

 

14.1.9.4            For the purpose of this subclause toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.

 

14.1.10 Underground Work -

 

14.1.10.1          An employee required to work underground shall be paid an underground allowance as set out in Item 11 of Table 5.

 

14.1.10.2          Where a shaft is to be sunk to a depth greater than 6 metres the payment of the underground allowance shall commence from the surface.

 

14.1.10.3          This allowance shall not be payable to employees engaged upon "pot and drive" work at a depth of 3.5 metres or less.

 

14.1.10.4          The underground allowance prescribed in subparagraph (14.1.10.1) of this subclause shall be paid for all purposes of the award.

 

14.1.10.5          In lieu of the underground allowance prescribed by subparagraph (14.1.10.1) of this subclause an employee required to work underground for no more than 4 days or shifts in an ordinary week shall be paid an underground allowance as set out in Item 11 of Table 5.

 

14.1.10.6          The allowance prescribed by this subclause shall be paid in addition to all applicable margins prescribed by clause 4, Margins, and any other amount prescribed elsewhere in this award.

 

14.1.11             Submarine Work - Employees required to work in a submarine which has been in commission shall:

 

14.1.11.1          If required to work inside the hull including the fin and external casing but excepting the compartments referred to in subparagraph (14.1.11.2) of this paragraph, be paid the amount as set out in Item 12 of Table 5.

 

14.1.11.2          If required to work in any of the following compartments, be paid the amount as set out in Item 12 of Table 5

 

(1)        Torpedo tube compartment

 

(2)        Ballast Tanks

 

(3)        Oil Tanks

 

(4)        Below the main floor plates in main machinery, auxiliary machinery, asdic and battery compartments.

 

14.1.11.3          Provided that where an employee is required to work inside "D", "O" and "R" tanks removing or installing gauges, switches and related circuitry or in an extended position in the space above batteries in the battery compartment, the rate payable under this subclause shall be paid the amount as set out in Item 12 of Table 5 in respect of time so worked.

 

14.1.12             Asbestos Eradication -

 

14.1.12.1          Application - This subclause shall apply to employees carrying out electrical work in conjunction with any process of asbestos eradication as defined.

 

14.1.12.2          Definition - Asbestos eradication is defined as work on or about buildings, involving the removal or any other method of neutralisation of any materials which consist of, or contain asbestos.

 

14.1.12.3          Control - Where an employee is required to carry out electrical work in conjunction with any process of asbestos eradication, then such work shall be conducted in accordance with the relevant Occupational Health and Safety legislation and regulations, as amended from time to time.

 

14.1.12.4          An employee, to whom this subclause applies, shall be paid the amount as set out in Item 13 of Table 5 which shall be in lieu of special rates prescribed by this section with the exception of paragraph (14.1.4) High Places, (14.1.6) Hot Places and (14.1.7) Cold Places of this section.

 

14.2      Section II - Additional Rates - Australian Glass Manufacturers Company, Pilkington - A.C.I. Operations Pty. Ltd., Crown Corning Limited, are exempt from subclause 14.1, Disability Rates of this clause, provided that they pay their Electrical Mechanics, Electrical Fitters and Electrical Instrument Fitters, an additional amount as set out in Item 14 of the said Table 5 and their electrical tradesmen's assistants an additional amount as set out in Item 14 of the said Table 5 in addition to the margins provided in clause 4, Margins.

 

These additional amounts are to cover all special rates and to compensate for additional skill and varying responsibilities.

 

14.2.1               Australian Iron and Steel Limited, John Lysaght (Australia) Limited and Broken Hill Proprietary Co. Ltd. Construction Sites.

 

14.2.1.1            Employees of contractors bound by this award engaged on construction work at the construction sites of Australian Iron and Steel Ltd at Port Kembla, John Lysaght (Australia) Ltd at Unanderra and the Broken Hill Proprietary Co. Ltd. at Newcastle shall be paid a construction allowance as set out in Item 15 of the said Table 5. The payment shall be made in compensation for the particular disabilities experienced at these sites.

 

14.2.1.2            An employee in receipt of the construction allowance prescribed by subparagraph 14.2.1.1 shall not be entitled to any of the special rates prescribed by this clause or of clause 15, Multi‑Storey Allowances, of this award.

 

14.2.1.3            The construction allowance prescribed by subparagraph 14.2.1.1 shall be paid for all purposes of the award.

 

14.2.2               Corrective Establishment - An employee who is required to work in the maximum security sections of the corrective establishments shall be paid an allowance as set out in Item 16 of the said Table 5 for each hour so engaged.  Such allowance shall be paid in addition to other special rates applicable to the employee under the terms of this award.

 

14.2.3               Construction Sites Generally -

 

14.2.3.1            This subclause shall apply to an employee working on a site on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures, and

 

14.2.3.2            A member or members of either the Industrial Commission of New South Wales by award or order prescribes a site allowance for conditions pertaining generally on that site to apply to employees of contractors and/or subcontractors who are employed under the terms of awards other than the Electricians', &c. (State) Award, then

 

14.2.3.3            The site allowance so prescribed under subparagraph 14.2.3.2 shall be deemed to be an allowance prescribed under this award and an employee to whom this award applies shall be paid the site allowance so prescribed.

 

Provided that any question arising for this subclause may be referred to the Electricians &c., (State) Industrial Committee for determination.

 

14.3      Section III - General -

 

14.3.1               Limits to Accumulation - Where more than one of the rates and allowances prescribed by subclause 14.1, Disability Rates, provides payment for disability of substantially the same nature then only he/she highest of such rates shall be payable.

 

14.3.2               Rates not Subject to Penalty Addition - Except where otherwise specified, the extra rates herein prescribed shall be paid irrespective of the time at which the work is performed and shall not be subject to any premium or penalty additions.

 

14.3.3               Disputed Claims - In the case of a disagreement between the foreperson and an employee about the entitlement to any of the disability rates and allowances prescribed by subclause 14.1, Disability Rates, of this clause, the employee shall be entitled within 24 hours to ask for a decision on his/her claim by his/her employer, industrial officer, manager, superintendent or engineer.  In such a case a decision shall be given on the employee's claim within 48 hours of its being made (unless the time expires on a non‑working day, in which case it shall be given on the next working day) or else the special rate, allowance or conditions shall be paid or granted.  In any case where the union is dissatisfied with the decision of the employer, industrial officer, manager, superintendent or engineer it shall have the right to bring such case before the Industrial  Committee.

 

15.  Multi-Storey Allowances

 

15.1      Definitions - The following definitions shall be applied to this clause:

 

15.1.1   "Multi‑Storey Building" means a building which, when complete, consists of 5 or more storey levels.

 

15.1.2   "Storey Level" means structurally completed floor, walls, pillars or columns, and ceiling (not being false ceilings) of a building and shall include basement levels and mezzanine or similar levels (but excluding "half floors" such as toilet blocks or store rooms located between floors).

 

15.1.3   "Floor Level" means that stage of construction which, in the completed building would constitute the walking surface of the particular floor level referred to in subclause 15.4, Scale of Allowances.

 

15.2      Eligibility - An employee shall be paid a multi‑storey allowance, in accordance with the provisions of this clause, to compensate for the disabilities experienced in, and which are peculiar to, work on multi‑storey buildings where the employee carries out electrical work either;

 

15.2.1   During a multi‑storey building's original construction; or

 

15.2.2   where a multi‑storey building is being renovated by alteration to the building (except alteration to demountable partitions); and

 

15.2.2.1            Electrical work is carried out as part of the building's renovation work;

 

15.2.2.2            Electrical work is carried out in conjunction with the work of other building trades who are renovating the building;

 

15.2.2.3            the renovation work extends to more than 2 storey levels; and

 

15.2.2.4            at least part of the renovation work to be carried out is above the 4th storey level.

 

15.2.3   The rate for electrical work in the renovation of a multi‑storey building shall be determined by reference to the scale of payment as prescribed by subclause (15.4) of this clause, appropriate for the highest floor level affected by such work.

 

15.3      Commencing Point of Measurement - The commencing point of measurement shall be the lowest main floor level (including basement floor levels but excluding lift wells and shafts) of the building.

 

15.4      Scale of Allowances -

 

15.4.1   The allowance to be paid to an employee engaged on the construction of a multi‑storey building shall be as set out in Item 17 of Table 5, Work Related Allowances of Part B, Monetary Rates.

 

15.4.2   An allowance in accordance with paragraph 15.4.3 shall be paid to all employees on the building site.  The second and subsequent allowance scales shall, where applicable, commence to apply to all employees where one of the following components of the building - structural steel, reinforcing steel, boxing or walls, rises above the storey level first designated in each such allowance scale.

 

15.4.3   Payment shall be as set out in Item 17 of the said Table 5.

 

15.4.4   Completion Point of Allowance - The allowance payable at the highest point of the building shall continue until completion of the building.

 

16.  Distant Places

 

16.1      Central Section - All employees working in districts west and north of and excluding Newell Highway No. 39 from Tocumwal to Gilgandra, the Oxley Highway No. 34 from Gilgandra to Tamworth, Trunk Road No. 95 to Yetman and the Bruxner Highway No. 44 to Boggabilla up to the Western Division Boundary and excluding the municipalities through which the road passes, shall be paid an allowance as set out in Item 18 of the said Table 5.

 

16.2      Western Division - All employees working in the western division of the State shall be paid an allowance as set out in Item 18 of the said Table 5.

 

16.3      Snowy Mountains Section - All employees working within the area bounded by and inclusive of the Snowy River from the New South Wales border to Dalgety thence by road directly from Dalgety to Berridale and on to the Snowy Mountains Highway at Adaminaby, thence to Blowering, thence by a line drawn from Blowering south east to Welaregang and on to the Murray River, thence in a south easterly direction along the New South Wales border to the point of commencement, shall be paid an allowance as set out in Item 18 of the said Table 5.

 

16.4      Application of Rates - The above rates shall not form part of the ordinary rates of pay for the purpose of the calculation of overtime.

 

17.  Hours of Work - Day Workers

 

17.1      Weekly Ordinary Hours - The weekly ordinary hours of work shall be 38 hours per week or an average of 38 hours per week, such average hours per week being calculated over an employee's work cycle.

 

17.2      Work Cycles - The weekly ordinary hours of work shall be arranged in accordance with one of the following work cycles:

 

38 hours within a work cycle not exceeding 7 consecutive calendar days; or

 

76 hours within a work cycle not exceeding 14 consecutive calendar days; or

 

114 hours within a work cycle not exceeding 21 consecutive calendar days; or

 

152 hours within a work cycle not exceeding 28 consecutive calendar days.

 

Provided that a work cycle may differ from those prescribed by this subclause as to all or a section of employees by mutual agreement between an employer and the union.

 

17.3      Daily Ordinary Hours - The daily ordinary hours of work shall not exceed 8 hours.  Provided that the daily ordinary hours of work prescribed by this subclause may be altered as to all or a section of employees by mutual agreement between an employer and the union.

 

17.4      Days of Work - The ordinary hours of work may be worked on any days or all of the days of the week, Monday to Friday inclusive.

 

17.5      Spread of Hours -

 

17.5.1   The spread of daily ordinary hours of work shall be between 6.00 a.m. and 6.00 p.m. at the discretion of the employer and, except for meal breaks, shall be worked continuously.

 

17.5.2   The spread of daily ordinary hours of work prescribed by this subclause may be altered:

 

17.5.2.1            as to all or a section of employees by mutual agreement between an employer and the union, or

 

17.5.2.2            by mutual agreement between an employer and his/her employees to permit a 6.00 a.m. starting time during summer months.

 

17.5.3   Australasian Conference Association Ltd - For the purpose of the Australasian Conference Association Ltd at Cooranbong and at Lewisham, the spread of hours for day workers shall be so as to permit the 38 hours to be worked within the following hours:

 

Monday to Thursday - 7.00 a.m. to 5.00 p.m. with a 45 minute meal break.

 

Friday - 7.00 a.m. to 1.00 p.m.

 

17.6      Systems of Ordinary Hours of Work - The ordinary hours of work may be arranged in accordance with any one of the following systems:

 

17.6.1   Fixed Weekly Hours Systems - By employees working 38 hours each week:

 

17.6.1.1            but less than 8 ordinary hours each day (regular daily hours method), or

 

17.6.1.2            but less than 8 ordinary hours on one or more days each week (irregular daily hours method).

 

17.6.2   Average Weekly Hours Systems - By employees working an average of 38 hours per week over a work cycle:

 

17.6.2.1            and by fixing one week day as a leisure day on which all employees will be off duty during a particular work cycle (fixed leisure day method), or

 

17.6.2.2            any by rostering employees off work on various days of the week during a particular work cycle so that each employee has one leisure day during that cycle (rostered leisure day method).

 

17.6.3   "Leisure Day" for the purpose of this award is the weekday, not being a holiday, that an employee has off duty when working in accordance with an average weekly hours system.

 

17.7      Notice of Leisure Day - Subject to the provisions of subclause 17.9, Substitution of Leisure Day of this clause, an employee who is entitled to a leisure day during that employee's work cycle shall be advised by the employer of the date of the employee's leisure day at least 4 weeks in advance of it.

 

17.8      Leisure Day Falling on a Holiday - Where an employee who is entitled to a leisure day (in accordance with this clause) and such leisure day falls on a holiday prescribed by clause 20, Holiday and Sunday Work of this award, such leisure day shall be substituted for another week day:  Provided that the day to be taken as a substitute leisure day shall be determined by agreement between the employer and the employee and that it shall be taken during the work cycle in which the day fell due or during the next succeeding work cycle.

 

17.9      Substitution of Leisure Day -

 

17.9.1   An individual employee, with the agreement of his/her employer, may substitute his/her leisure day for another day.

 

17.9.2   An employer with the agreement of an individual employee, may substitute the employee's leisure day for another day.

 

17.9.3   An employer, with the agreement of the majority of employees working in a project, undertaking or establishment, may substitute the employees' leisure day for another day in case of:

 

17.9.3.1            breakdown in machinery, or

 

17.9.3.2            failure or shortage of electric power, or

 

17.9.3.3            to meet the requirements of the business in the event of rush orders or some other emergency situation, or

 

17.9.3.4            where employees cannot be usefully employed due to any cause for which the employer cannot reasonably be held responsible.

 

17.9.4   Provided that any substituted leisure day referred to in the proceeding paragraphs of this subclause shall be taken during the work cycle in which the leisure day fell due or during the next succeeding cycle.

 

17.10    Work Outside Ordinary Hours - All work outside the ordinary hours of work prescribed by this clause, including work on a leisure day except where such leisure day is substituted for another day, shall be subject to the penalty rates set out in this award.

 

18.  Deleted

 

19.  Overtime

 

19.1      Payment for Working Overtime -

 

19.1.1   For all work done outside ordinary hours, including work on a leisure day (as prescribed by paragraph 17.6.3 of subclause 17.6, Systems of Ordinary Hours of Work, of clause 17, Hours of Work - Day Workers, except where such leisure day is substituted for another day, the rates of pay shall be time and one‑half for the first 2 hours and double time thereafter; such double time to continue until the completion of the overtime work.

 

19.1.2   Except as provided in this subclause or subclause 19.2, Rest Period After Overtime, of this clause, in computing overtime each day's work shall stand alone.

 

19.2      Rest Period After Overtime -

 

19.2.1   When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have a rest period of at least 10 consecutive hours off duty between the work of successive days:  provided that, in the case of shift workers, the rest period shall be 8 consecutive hours off duty when the overtime is worked:

 

19.2.1.1            for the purpose of changing shift rosters; or

 

19.2.1.2            where the shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or

 

19.2.1.3            where a shift is worked by arrangement between the employees themselves.

 

19.2.2   An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least the rest period off duty between those times shall, subject to this subclause, be released after completion of such overtime until he/she has had the rest period off duty without loss of pay for ordinary working time occurring during such absence.

 

19.2.3   If on the instructions of his/her employer such an employee resumes or continues work without having had such rest period of duty he/she shall be paid at double rates until he/she is released from duty for such rest period and he/she shall then be entitled to be absent until he/she has had the rest period off duty without loss of pay for ordinary time occurring during such absence.

 

19.3      Recall to work -

 

19.3.1   An employee recalled to work overtime after leaving his/her employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of 4 hours' work or where the employee has been paid for standing by in accordance with subclause 19.5 standing by, of this clause, shall be paid for a minimum of 3 hours' work at the appropriate rate for each time he/she is so recalled.

 

19.3.2   Provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full 4 or 3 hours as the case may be if the job he/she was recalled to perform is completed within a shorter period.

 

19.3.3   This subclause shall not apply in cases where it is customary for an employee to return to his/her employer's premises to perform a specific job outside his/her ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

19.3.4   Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of subclause 19.2, Rest Period After Overtime, of this clause when the actual time worked is less than 3 hours on such recall or on each of such recalls.

 

19.4      Saturday work -

 

19.4.1   An employee required to work after midday on a Saturday shall be paid double time rate for such work.

 

19.4.2   A day worker required to work overtime on a Saturday shall be afforded at least 4 hours' work or paid for 4 hours at the appropriate rate except where such overtime is continuous with overtime commenced on Friday.

 

19.4.3   Where an employee works overtime which ceases at or after 4.00 am on a Saturday and such overtime is continuous with ordinary work on Friday, then such employee shall be paid for an additional 8 hours at ordinary time rate.  This provision shall not apply to shift workers.

 

19.5      Standing By - subject to any custom now prevailing under which an employee is required regularly to hold himself in readiness for a call back, an employee required to hold himself in readiness to work after ordinary hours shall until released be paid standing‑by time at ordinary rates for the time from which he/she is so told to hold himself in readiness.

 

19.6      Crib Time -

 

19.6.1   An employee working overtime shall be allowed a crib time of 20 minutes at the appropriate rate without deduction of pay after each 4 hours of overtime worked if the employee continues work after such crib time.  Provided that where a day worker on a five‑day week is required to work overtime on a Saturday the first prescribed crib time shall, if occurring between 10.00 am and 1.00 pm be paid at ordinary rates.

 

19.6.2   Unless the period of overtime is less than 1 1/2 hours an employee before starting overtime after working ordinary hours shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates.  An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.

 

19.7      Requirement to Work Reasonable Overtime - It shall be a condition of employment that employees shall work reasonable overtime to meet the needs of the Industry.

 

19.8      Meal Allowance, &c -

 

19.8.1   An employee required to work overtime for more than 1 1/2 hours without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid an amount as set out in Item 4 of Table 4 of Part B for the first meal and for each subsequent meal.

 

19.8.2   Unless the employer advised an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be) the employer shall provide such second and/or subsequent meal or make payment in lieu thereof as above prescribed.

 

19.8.3   If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, he/she shall be paid as above prescribed for meals which he/she has provided but which are surplus.

 

19.9      Transport of Employees - when an employee, after having worked overtime, or a shift for which he/she has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide him with a conveyance to his/her home or pay him his/her current wage rate for the time reasonably occupied in reaching his/her home.

 

19.10    Meal Breaks -

 

19.10.1             Maximum period without meal break - an employee shall not be compelled to work for more than 5 hours without a break for a meal.

 

19.10.2             Payment for work in meal breaks - subject to paragraph 19.10.3 of this subclause, for work done during meal hours and thereafter until break is allowed time and a half rates shall be paid.

 

19.10.3             Regular Maintenance Person - subject to the provisions of paragraph 19.10.1 of this subclause, an employee employed as a regular maintenance person shall work during meal breaks at the ordinary rates herein prescribed, whenever instructed to do so, for the purpose of making good breakdowns of plant or upon routine maintenance of plant which can only be done whilst such plant is idle; provided that, if the meal period of a maintenance person has not previously been taken and does not follow immediately upon resumption of work by other employees after their meal break, the provisions of paragraph 19.10.2 of this subclause shall apply.

 

20.  Holiday and Sunday Work

 

20.1      Holidays

 

20.1.1   Prescribed Holidays

 

20.1.1.1            An employee on weekly hiring shall be entitled, without loss of pay, to public holidays as follows: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Six Hour Day (or Labour Day), Christmas Day, Boxing Day or such other day as is generally observed in the locality as a substitute for any of the said days respectively, and/or proclaimed or gazetted holiday throughout the State.

 

20.1.1.2            By mutual agreement between an employer and employee, other days may be substituted for the said days or any of them as to such employer's undertaking.

 

20.1.2               Payment for Work on a Holiday

 

20.1.2.1            An employee not engaged on continuous work shall be paid at the rate of double time and a half for work on a public holiday, such double time and a half to continue until he/she is relieved from duty.

 

20.1.2.2            An employee required to work on a holiday shall be paid for a minimum of 4 hours' work at double time and a half.

 

20.1.3               Absence Before or After a Holiday: An employee shall not be entitled to payment for a holiday if he/she is absent from work:

 

20.1.3.1            Without reasonable excuse; or

 

20.1.3.2            Without the consent of his/her employer;

 

on the ordinary working day before or the ordinary working day after a holiday.

 

20.2      Industry Picnic Day

 

20.2.1   Prescribed Holiday: In addition to holidays prescribed in subparagraph 20.1.1.1, an additional public holiday to be known as an industry picnic day shall apply to weekly hire employees. It shall be observed on the first Monday in December each year.

 

20.2.2   Granting of Holiday

 

20.2.2.1            All employees in the construction industry to whom this section applies shall, as far as practicable, be given and shall take this industry picnic day without loss of pay.

 

20.2.2.2            In respect of all other employees to whom 20.2 applies, any other day may be substituted for the industry picnic day by mutual agreement between any employer and employee.

 

20.2.3               Payment for Work on Picnic Day

 

20.2.3.1            An employee who is required to work on the industry picnic day or the day substituted therefore shall be paid at the rate of double time and a half, such rate to continue until he/she is relieved from duty.

 

20.2.3.2            An employee required to work on the industry picnic day, or the day substituted therefore shall be paid for a minimum of 4 hours work at double time and a half.

 

20.2.4               Absence Before or After Industry Picnic Day: An employee shall not be entitled to payment for the industry picnic day or the day substituted therefore if he/she is absent from work:

 

20.2.4.1            Without reasonable excuse; or

 

20.2.4.2            Without the consent of his or her employer;

 

on the ordinary working day before or the ordinary working day after the industry picnic day or substituted therefore.

 

20.2.5               Evidence of Attendance at The Industry Picnic Day: An employer may require from an employee evidence of his/her attendance at the picnic and the production of the butt of the employee's picnic ticket shall be sufficient evidence of such attendance. Where such evidence is requested by the employer, payment need not be made unless the evidence is produced.

 

20.3      Sundays - Payment for Work on Sundays:

 

20.3.1               An employee who works on a Sunday, shall be paid at the rate of double time for such work, such double time to continue until he/she is relieved from duty.

 

20.3.2               An employee required to work on a Sunday shall be paid for a minimum of 4 hour's work at double time.

 

20.4      General

 

The following shall have application to all other sections of this Clause:

 

20.4.1               Rest Period After Holiday or Sunday Work: An employee, not engaged on continuous work, who works on a holiday or a Sunday and (except for meal breaks) immediately thereafter continues such work shall, on being relieved from duty be entitled to be absent until he/she has had 10 consecutive hours off duty without deduction of pay for ordinary time occurring during such absence.

 

20.4.2               Meal Allowance - Holidays and Sundays:

 

20.4.2.1            An employee not engaged on continuous work, required to work for more than 4 hours on a holiday or a Sunday without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid an amount as set in Item 4 of Table 4 - Expense Related Allowances of Part B, Monetary Rates, for the meal taken during his/her first crib break and during each subsequent crib break.  Provided that such payment need not be made to employees living in the same locality as their workshops who can reasonably return home for meals.

 

20.4.2.2            An employee who, pursuant to notice, has provided a meal or meals and is not required to work on a holiday or Sunday or is required to work for a lesser period of time than advised, shall be paid the rates prescribed in 20.4.2.1 of this clause for meals which he/she has provided but which are surplus.

 

20.4.3               Holidays to be Paid on Termination of Employment:

 

20.4.3.1            An employer who terminates the employment of an employee engaged on weekly employment on construction work in connection with the erection, repair, maintenance, renovation or demolition of buildings or structures, shall pay the employee his/her ordinary wages for each holiday in a group as prescribed in 20.4.3.2, which falls within 10 consecutive days on and from the date that notice of termination is given.

 

20.4.3.2            For the purpose of this award, the following shall be the holidays in a group:

 

20.4.3.2.1         Christmas Day, Boxing Day, New Year's Day and additional holidays gazetted in connection with those days.

 

20.4.3.2.2         Good Friday, Easter Saturday (where it is applicable as a holiday for the employee), Easter Monday and additional holidays gazetted in connection with those days.

 

20.4.3.3            Where the first day of the group of holidays falls within 10 consecutive days on and from the date that notice of termination is given, the whole group shall be deemed to fall within 10 days.

 

20.4.3.4            An employee shall not be entitled to receive payment from more than one employer in respect of the same holiday or group of holidays.

 

An employee shall, on request by his/her employer, make a statutory declaration or other written statement satisfactory to his/her new employer, of the payments made by any other employer for the holidays referred to in this subsection where any of such holidays occurs within 10 consecutive days after the commencement of his/her employment with that employer.

 

20.4.3.5            An employee shall not be entitled to the payment referred to in 20.4.3.1 for the holidays prescribed by 20.4.3 where his/her employer dismisses him/her without notice for malingering, inefficiency, neglect of duty or misconduct in accordance with the provisions of 11.1.2.4, of clause 11, Contract of Employment.

 

20.4.4               Maximum Period without Meal Break: An employee shall not be compelled to work for more than 5 hours without a break for a meal.

 

21.  Shift Work

 

21.1      Definitions - For the purposes of this clause:

 

21.1.1   "Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.

 

21.1.2   "Continuous Work" means work carried on with consecutive shifts of employee’s throughout the 24 hours of each of at least 6 consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

 

21.1.3   "Night Shift" means any shift finishing subsequent to midnight and at or before 8.00am.

 

21.1.4   "Rostered Shift" means a shift of which the employee concerned has had at least 48 hours notice.

 

21.2      Hours - Continuous Work Shifts: This subclause shall apply to shift workers on continuous work as hereinbefore defined.

 

21.2.1   The weekly ordinary hours of shift workers shall average 38 hours per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days.  Provided that a shift cycle may differ from that prescribed by this subclause as to all or a section of employees by mutual agreement between an employer and a majority of employees concerned.

 

21.2.2   Subject to the following conditions such shift workers shall work at such times as the employer may require:

 

21.2.2.1            A shift shall consist of not more than 8 hours, inclusive of crib time;

 

21.2.2.2            except at the regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours;

 

21.2.2.3            20 minutes shall be allowed to shift workers each shift for crib which shall be counted as time worked:

 

21.2.2.4            an employee shall not be required to work for more than 5 hours without a break for a meal.

 

21.3      Hours - Other Than Continuous Work -

 

21.3.1   This subclause shall apply to shift workers not upon continuous work as hereinbefore defined.

 

21.3.2   The weekly ordinary hours of work shall be an average of 38 hours per week, the average hours per week being calculated over a shift cycle.

 

21.3.3   The weekly ordinary hours of work shall be arranged in accordance with one of the following shift cycles:

 

38 hours within a period not exceeding 7 consecutive calendar days; or

 

76 hours within a period not exceeding 14 consecutive calendar days; or

 

114 hours within a period not exceeding 21 consecutive calendar days; or

 

152 hours within a period not exceeding 28 consecutive calendar days.

 

21.3.4   Subject to the following conditions such shift workers shall work at such times as the employer may require:

 

21.3.4.1            A shift shall not exceed 8 hours of ordinary time work.  Provided that the ordinary time of work of a shift may be altered as to all or a section of employees by mutual agreement between an employer and the union.

 

21.3.4.2            Such ordinary hours shall be worked continuously except for meal break at the discretion of the employer.

 

21.3.4.3            Except at the regular change‑over of shifts an employee shall not be required to work more than one shift in each 24 hours.

 

21.3.4.4            An employee shall not be required to work for more than 5 hours without a break for a meal.

 

21.4      Rosters - Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

 

21.5      Variations by Agreement - The method of working shifts may in any case be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment.

 

The time of commencing and finishing shifts once having been determined may be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment or, in the absence of agreement, by 7 days' notice of alteration given by the employer to the employees.

 

21.6      Afternoon or Night Shift Allowances -

 

21.6.1   A shift worker whilst on afternoon or night shift shall be paid for such shifts 15 per cent more than his/her ordinary rate.

 

21.6.2   A shift worker who works on an afternoon or night shift which does not continue for at least 5 successive afternoons or nights shall be paid for each such shift 50 per cent for the first 2 hours thereof and 100 per cent for the remaining hours thereof in addition to his/her ordinary rate.

 

21.6.3   An employee who, during a period of engagement on shift:

 

21.6.3.1            works night shift only; or

 

21.6.3.2            remains on night shift for a longer period than 4 consecutive weeks; or

 

21.6.3.3            works on a night shift which does not rotate or alternate with another shift or with day work so as to give him at least one‑third of his/her working time off night shift in each shift cycle,

 

21.6.4   Shall during such engagement, period or cycle be paid 30 per cent more than his/her ordinary rate for all time worked during ordinary working hours on such night shift.

 

21.7      Saturday Shifts - The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half.  Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in subclause 21.6 of this clause.

 

21.8      Overtime - Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this award or on a shift other than a rostered shift shall:

 

21.8.1   if employed on continuous work be paid at the rate of double time; or

 

21.8.2   if employed on other shift work be paid at the rate of time and a half for the first 2 hours and double time thereafter, except in each case when the time is worked:

 

21.8.2.1            by arrangement between the employees themselves; or

 

21.8.2.2            for the purpose of effecting the customary rotation of shifts; or

 

21.8.2.3            on a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day in accordance with subparagraph 11.4.3 Standing Down of Employees, of subclause 11.4, General, of clause 11, Contract of Employment, of this award.

 

21.8.3   When not less than 7 hours 36 minutes notice has been given to the employer by a relief person that he/she will be absent from work and the employee whom he/she should relieve is not relieved and is required to continue to work on his/her rostered day off, the unrelieved employee shall be paid double time.

 

21.9      Holiday and Sunday Work -

 

21.9.1   Payment for Work on a Holiday or a Sunday:  Shift workers shall be paid for all time worked on a holiday or a Sunday at the rates prescribed by clause 20, Holiday and Sunday Work.

 

21.9.2   Rostered Off Duty - A shift worker whose ordinary rostered shift includes a holiday prescribed by the said clause 20, Holiday and Sunday Work, and who is rostered off duty on a holiday and who does not work shall:

 

21.9.2.1            be paid one day's pay additional to his/her weekly wage for each such holiday he/she is rostered off duty; or

 

21.9.2.2            in lieu of such payment and by mutual agreement with his/her employer he/she shall:

 

(1)        have one additional day of annual leave; or

 

(2)        be granted an ordinary working day off duty without loss of pay.

 

21.9.3   Holiday and Sunday Shifts - Where shifts commence between 11.00pm and midnight on a holiday or a Sunday, the time so worked before midnight shall not entitle the employee to the holiday or Sunday rate: Provided that the time worked by an employee on a shift commencing before midnight on the day preceding a holiday or Sunday and extending into a holiday or Sunday shall be regarded as time worked on such holiday or Sunday.  Where shifts fall partly on a holiday, that shift the major portion of which falls on a holiday shall be regarded as the holiday shift.

 

21.10    Establishments, Projects, Undertakings - Notwithstanding the other provisions of this clause, where employees are working shift work in a project, undertaking or establishment in association with other employees, the applicable shift work provisions shall be those applying to the majority of such other employees working shift work.

 

22.  Sick Leave

 

22.1      Entitlement to Sick Leave - An employee on weekly hiring who is unable to attend for duty during his/her ordinary working hours by reason of personal illness, or personal incapacity not due to his/her own wilful misconduct, shall be entitled to leave of absence without deduction of pay subject to the following conditions and limitations:

 

22.1.1   Subject to the provisions of the relevant Workers Compensation legislation, as amended from time to time, he/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation;

 

22.1.2   He shall within 24 hours of the commencement of such absence inform his/her employer of his/her inability to attend for duty and as far as possible state the nature of his/her illness or incapacity, and the estimated duration of same;

 

22.1.3   He shall prove to the satisfaction of his/her employer (or, in the event of a dispute, of the Industrial Commission), that he/she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed;

 

22.1.4   Subject to the provisions of subclause 22.2, Calculation of Sick Leave Entitlement, hereof, he/she shall not be entitled to leave in excess of the following:

 

22.1.4.1            After 3 months' continuous service with an employer; 24 hours of ordinary working time; provided that for any absence or absences not exceeding 24 hours during the first 3 months for which the employee would otherwise have qualified for payment in accordance with paragraphs 22.1.1, 22.1.2 and 22.1.3 of this subclause, the employee shall be paid for such absence or absences upon the employee's application for payment after such 3 months.

 

Provided further that where at the commencement of employment it is agreed that the period of employment shall not exceed 3 months the employee shall be entitled to the provisions of this paragraph from the commencement of employment.

 

22.1.4.2            After 6 months' continuous service with that employer, an additional 16 hours of ordinary working time; provided that for any absence or absences not exceeding 40 hours during the first 6 months for which the employee would otherwise have qualified for payment in accordance with paragraphs 22.1.1, 22.1.2 and 22.1.3 of this subclause, and subject to his/her having an untaken balance of sick leave standing to his/her credit, the employee shall be paid for such absence or absences upon the employee's application for payment after such 6 months;

 

22.1.4.3            on the anniversary date of his/her first and each subsequent year of service with that employer an additional 64 hours of ordinary working time.

 

22.2      Cumulative Sick Leave - Sick leave shall accumulate from year to year so that any balance of the period specified in paragraph 22.1.4 of subclause 22.1, Entitlement to Sick Leave, of this clause, which has in any year not been allowed to an employee by an employer as paid sick leave, may be claimed by the employee and, subject to the conditions hereinbefore prescribed, shall be allowed by the employer in a subsequent year without diminution of the sick leave prescribed in respect of that year:  Provided that sick leave which accumulates shall be available to the employee for a period of 12 years from the end of the year in which it accrues.

 

22.3      More Favourable Sick Leave - subclause 22.1, Entitlement to Sick Leave, and 22.2, Cumulative Sick Leave, hereof, shall not apply to employees whose employers grant more favourable sick leave conditions that herein provided.

 

23.  Personal/Carer’s Leave

 

23.1      Use of sick leave

 

23.1.1   An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 23.1.3.2 who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at clause 22, Sick Leave of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency.  Such leave may be taken for part of a single day.

 

23.1.2   The employee shall, if required,

 

23.1.3.1            establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

23.1.3.1            establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

 

23.1.3   The entitlement to use sick leave in accordance with this subclause is subject to:

 

23.1.3.1            the employee being responsible for the care of the person concerned; and

 

23.1.3.2            the person concerned being:

 

(1)        a spouse of the employee; or

 

(2)        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(3)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(4)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(5)        a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

(i)         "relative" means a person related by blood, marriage or affinity;

 

(ii)        "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(iii)       "household" means a family group living in the same domestic dwelling.

 

23.1.4   An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

 

23.1.5   Where the parties are unable to reach agreement the disputes procedure at clause 36, Grievance and Dispute Resolution Procedures, should be followed.

 

23.2      Unpaid Leave for Family Purpose -

 

23.2.1   An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 23.1.3.2 above who is ill or who requires care due to an unexpected emergency.

 

23.3      Annual Leave -

 

23.3.1   An employee may elect, with the consent of the employer to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties

 

23.3.2   Access to annual leave, as prescribed in paragraph 23.3.1 of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

23.3.3   An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

23.3.4   An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

23.4      Time Off in Lieu of Payment for Overtime -

 

23.4.1   An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

23.4.2   Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

23.4.3   If, having elected to take time as leave in accordance with subclause 23.4 of this clause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

23.4.4   Where no election is made in accordance with the said subclause 23.4 the employee shall be paid overtime rates in accordance with the award.

 

23.5      Make‑up Time -

 

23.5.1   An employee may elect, with the consent of the employer, to work "make‑up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

23.5.2   An employee on shift work may elect, with the consent of the employer, to work "make‑up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

23.6      Rostered Days Off -

 

23.6.1   An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

23.6.2   An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

23.6.3   An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

23.6.4   This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

23.7      Personal Carers Entitlement for casual employees -

 

23.7.1   Subject to the evidentiary and notice requirements in 23.1.2 and 23.1.4 casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subparagraph 23.1.3.2 of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

 

23.7.2   The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work.  In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion.  The casual employee is not entitled to any payment for the period of non-attendance.

 

23.7.3   An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

 

23A.  Parental Leave

 

23A.1  Refer to the Industrial Relations Act 1996 (NSW).  The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

23A.2  An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

23A.2.1            The employee or employee's spouse is pregnant; or

 

23A.2.2            The employee is or has been immediately absent on parental leave.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

23A.3  Right to request

 

23A.3.1            An employee entitled to parental leave may request the employer to allow the employee:

 

23A.3.1.1         To extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

23A.3.1.2         To extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

23A.3.1.3         To return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

23A.3.2            The employer shall consider the request having regard to the employee's circumstances and, provided the request is genuinely based on the employee's parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer's business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

23A.3.3            Employee's request and the employer's decision to be in writing

 

The employee's request and the employer's decision made under 23A.3.1 and 23A.3.2 must be recorded in writing.

 

23A.3.4            Request to return to work part-time

 

Where an employee wishes to make a request under 23A.3.4, such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

23A.4  Communication during parental leave

 

23A.4.1            Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

23A.4.1.1         make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

23A.4.1.2         provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

23A.4.2            The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee's decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

23A.4.3            The employee shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with subclause 23A.4.

 

24.  Annual Leave

 

24.1      Day Workers -

 

24.1.1   Annual Leave Entitlements - For annual leave entitlement provisions, see Annual Holidays Act 1944.

 

24.1.2   Leisure Day in relation to Annual Leave - For each 4-week period which accrues or falls due to an employee, pursuant to the provisions of the Annual Holidays Act 1944, and:

 

24.1.3   Where the employee's ordinary hours of work are arranged in accordance with an average weekly hours system as prescribed by paragraph 17.6.2, Average Weekly Hours Systems, of subclause 17.6, Systems of Ordinary Hours of Work, of clause 17, Hours of Work ‑ Day Workers, of this award; and irrespective of whether the employee has his/her annual holiday in either one consecutive period or 2, 3 or 4 separate periods; then only one such period shall include a leisure day.  An employee's leisure days are not holidays or special award holidays for the purpose of this award.

 

24.2      Shift Workers - In addition to the benefits prescribed by the Annual Holidays Act, 1944, shift workers shall be granted the following:

 

24.2.1   Payment for Period of Annual Leave ‑ An employee before going on annual leave shall be paid the wages he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on leave during the relevant period.  An employee shall have the amount of wages to be received for annual leave calculated by including the following where applicable:

 

24.2.1.1            his/her "ordinary pay" as prescribed by the Annual Holidays Act 1944; and

 

24.2.1.2            the rate payable pursuant to subclause 8.5 of clause 8, Wage Rates, of the said award, calculated on a daily basis, which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise.

 

24.2.2   Seven‑day Shift Workers - A seven‑day shift worker is an employee whose ordinary working period includes holidays and Sundays on which he/she may be regularly rostered for work.

 

24.2.3   In addition to the benefits prescribed by section 3 of the Annual Holidays Act 1944, with regard to an annual holiday an employee who, during the year of his/her employment with respect to which he/she becomes entitled to the said annual holiday gives service as a seven‑day shift worker, under this award shall be entitled to the additional leave as specified below.

 

24.2.3.1            If during the year of his/her employment he/she has served continuously as a seven‑day shift worker the additional leave with respect to that year shall be one week.

 

24.2.3.2            Subject to subparagraph 24.2.3.4 of this paragraph if during the year of his/her employment he/she has served for only portion of it as a seven‑day shift worker the additional leave shall be one day for every 36 ordinary shifts worked as a seven‑day shift worker.

 

24.2.3.3            Subject to subparagraph 24.2.3.4 of this paragraph, the employee shall be paid for such additional leave in accordance with the provisions prescribed by paragraph 24.2.1 of this subclause.

 

24.2.3.4            Where the additional leave calculated under this subclause is or includes a fraction of a day such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.

 

24.2.3.5            In this clause reference to "one week" and "one day" includes holidays and non‑working days.

 

24.3      Payment on Termination of Employment - Where the employment of a worker has been terminated and he/she thereby becomes entitled under section 4 of the Annual Holidays Act 1944, to payment in lieu of an annual holiday, payment of 3 1/2 hours at such ordinary rate of wages shall be made with respect to each 21 shifts of service as a seven‑day shift worker which he/she had rendered during such period of employment.

 

24.4      Annual Holidays Loading -

 

24.4.1   In this subclause the Annual Holidays Act 1944, is referred to as "the Act".

 

24.4.2   Before an employee is given and takes his/her annual holiday, or, where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay his/her employee a loading determined in accordance with this subclause.  (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance ‑ see paragraph 24.4.6 of this subclause:)

 

24.4.3   The loading is payable in addition to the pay for the period of annual holiday given and taken and due to the employee under the Act and this award.

 

24.4.4   The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act and this award (but excluding days added to compensate for holidays (prescribed by clause 20, Holiday and Sunday Work, of this award) worked or such holidays falling on an employee's rostered day off and not worked) and where such annual holiday is given and taken in separate periods, then in relation to each such separate period.

 

24.4.5   The loading is the amount payable for the period or the separate period, as the case may be, stated in paragraph 24.4.2 of this subclause at the rate per week of 17 1/2 per cent of the appropriate ordinary weekly wage rate calculated in accordance with the provisions of subclause 8.1 of clause 8, Wage Rates, for the classification in which the employee was employed immediately before commencing his/her annual holiday, but shall not include any other allowances, penalty or disability rates, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this award..

 

24.4.6   No loading is payable to an employee who takes an annual holiday wholly or partly in advance:  Provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such annual holiday and is to be calculated in accordance with paragraph 24.4.5 of this subclause applying the award rates of wages payable on that day.

 

24.4.7   Where in accordance with the Act the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employee concerned

 

24.4.7.1            an employee who is entitled under the Act to an annual holiday and who is given and takes such annual holiday shall be paid the loading calculated in accordance with paragraph 24.4.5 of this subclause:.

 

24.4.7.2            an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him under the Act such proportion of the loading that would have been payable to him under this subclause if he/she had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52.

 

24.4.8

 

24.4.8.1            When the employment of an employee is terminated by his/her employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled he/she shall be paid a loading calculated in accordance with paragraph 24.4.5 of this subclause for the period not taken.

 

24.4.8.2            Except as provided by subparagraph 24.4.8.1 of this paragraph no loading is payable on the termination of an employee's employment.

 

24.4.9   Notwithstanding the provisions of paragraph 24.4.5 of this subclause an employee who is given and takes an annual holiday and who would have worked as a shift worker if he/she had not been on such annual holiday, shall be paid whichever is the greater of either the said annual holidays loading or the shift work allowances and weekend penalty rates, where applicable, for the ordinary time (not including time on a holiday prescribed by clause 20, Holiday and Sunday Work, which he/she would have worked during the period of the annual holiday.

 

25.  Other Leave

 

25.1      Long Service Leave - For long service provisions see Long Service Leave Act 1955.

 

25.2      Building and Construction Industry Long Service Payments - For employees performing building and construction work as defined by the Building and Construction Industry Long Service Payments Act 1986, see Building and Construction Industry Long Service Payments Act 1986.

 

25.3      Bereavement Leave -

 

25.3.1   An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in paragraph 25.3.3 of this subclause.

 

25.3.2   The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

 

25.3.3   Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph 23.1.3.2 of clause 23, Personal/Carer’s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

25.3.4   An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

25.3.5   Bereavement leave may be taken in conjunction with other leave available under subclauses 23.2, 23.3, 23.4, 23.5 and 23.6 of the said clause 23.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements, of the business.

 

25.3.6   Bereavement entitlements for casual employees

 

25.3.6.1            Subject to the evidentiary and notice requirements in 25.3.2 casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subparagraph 23.1.3.2 of clause 23, Personal/Carer's Leave.

 

25.3.6.2            The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

25.3.6.3            An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

26.  Shop Stewards

 

26.1      Accredited Shop Steward - An employee appointed shop steward in the shop or department in which he/she is employed shall upon notification thereof to his/her employer, be recognised as the accredited representative of the union.  An accredited shop steward shall be allowed the necessary time during working hours to interview the employer or his/her representative on matters affecting employees whom he/she represents.

 

26.2      Interviewing Union Official - Subject to the prior approval of the employer an accredited shop steward shall be allowed at a place designated by the employer a reasonable period of time during working hours to interview a duly accredited official of the union on legitimate union business.

 

27.  Notice Board

 

27.1      The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position in each of his/her establishments or plants or job sites where his/her employees are working or in separate buildings in each establishments or plant or job site so that such notice boards are reasonably accessible to all his/her employees working under the award at the establishment or plant or job site.

 

27.2      Accredited union representatives shall be permitted to put on the notice board or boards formal union notices, signed or countersigned by the representative so placing them.  Any notice posted on such notice board or boards not so signed or countersigned may be removed by an accredited union representative or the employer.

 

28.  Amenities

 

28.1      Workshop and Depot -

 

28.1.1   The employer shall ensure that the prescribed amenities are kept clean.

 

28.1.2   The employer shall provide at his/her workshop or depot a suitable locker or suitable hanging facilities which will provide adequate protection for an employee's clothing and his/her personal effects.

 

Note:  The amenities for workshops and depots are those prescribed by the relevant Occupational Health and Safety legislation and regulations, as amended from time to time.  The amenities prescribed include change room, meal room, dining tables, chairs, clothes lockers, tool lockers, food storage space, meal heating facilities, garbage bins, showers, hand wash basins and sanitary conveniences.

 

28.2      Construction and Installation, &c., Sites:  The employer shall ensure that the prescribed amenities are kept clean.

 

Note:  The amenities for construction site work are those prescribed by the Occupational Health and Safety legislation and regulations, as amended from time to time.  The amenities prescribed include change room, meal room, tool storage, dining tables, chairs or forms, coat books, food storage space, garbage bins, sanitary and washing facilities.

 

28.3      Water Supply - An employer shall provide at each of his/her workshops and depots and job sites an adequate supply of:

 

28.3.1   Pure, cool drinking water which shall be available for use at any time during working hours, and

 

28.3.2   boiling water for beverages which shall be available for use during meal and crib breaks.

 

29.  First-Aid

 

29.1      Attendant - An employee shall endeavour to have at least one person who has been trained to render first-aid in attendance when work is performed at an establishment.

 

29.2      First-aid Outfit - In each workshop, depot and job site where employees are regularly employed, the employer shall provide and continuously maintain at a place or places reasonably accessible to all employees an efficient first-aid outfit.

 

29.3      First-Aid Allowance - An employee who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications approved by the WorkCover Authority of NSW shall be paid an allowance as set out in Item 19 of the said Table 5 if he/she is appointed by his/her employer to perform first-aid duty.

 

30.  Superannuation

 

30.1      The subject of superannuation legislation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints Act 1993 (Cth), and s124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

31.  Miscellaneous Provisions

 

31.1      Protective Clothing - Where employees are required to wear overalls and/or dust coats they shall be supplied by the employer.

 

31.2      Damage to Clothing, Spectacles and Hearing Aids - Compensation to the extent of the damage sustained shall be made where in the course of the work clothing, spectacles or hearing aids are damaged or destroyed by fire or molten metal or through the use of corrosive substances:  Provided that this subclause shall not apply when an employee is entitled to Workers' Compensation in respect of the damage.

 

31.3      Gas Masks -

 

31.3.1   The employer shall ensure that sufficient gas masks are available to enable each employee, when engaged on repairs to refrigeration plants outside the employer's premises, to take one with him.

 

31.3.2   Employers shall provide respirators or gas masks for electric arc or oxy‑acetylene operators working in places where fresh air cannot freely circulate.

 

31.4      Gloves - Suitable canvas or leather gloves shall be provided by employers for operators of pneumatic tools and/or punch and shearing machines and where necessary for employees manually hauling underground cables or ring mains and similar cables and suitable gloves or pads for such other work as the foreman and employee may agree.  In the case of disagreement between the foreman and the workman, the workman or a shop steward on his/her behalf shall be entitled within 24 hours, to ask for a decision on the workman's claim by the employer's industrial officer (if there be one) or otherwise by the employer or the executive officer responsible for the management or superintendence of the plant concerned.  In such case a decision shall be given on the workman's claim within 48 hours of its being asked for (unless that time expires on a non‑working day, in which case it shall be given during the next working day), or else the said equipment shall be provided.  In any case where the union alleges that an employer or his/her representative is persistently unreasonable or capricious in relation to such claims, it may bring such case before the Conciliation Committee.

 

31.5      Goggles - Suitable mica or other goggles shall be provided by the employer for each employee using emery wheels or where used by more than one employee such goggles shall be sterilized before being used by another employee.  An employee when working on emery wheels shall wear the goggles provided for his/her protection.

 

Goggles containing celluloid shall not be considered suitable for the purposes of this provision.

 

31.6      Masks - Where necessary suitable masks shall be provided for employees required to use compressed air for blowing dust from electrical machinery or equipment.  An employee when performing such work shall wear the mask provided for his/her protection.  Masks containing celluloid shall not be considered suitable for the purposes of this provision.

 

31.7      Protective Equipment - Welding - Employers shall provide a sufficient supply of the undermentioned equipment to enable each tradesman and his/her assistant when engaged on work necessitating its use:

 

31.7.1   suitable asbestos sheets;

 

31.7.2   hand screens or helmets, fitted with coloured glass (or in the case of oxy‑acetylene operators protective glasses with side shields);

 

31.7.3   anti‑flash goggles;

 

31.7.4   aprons, leather sleeves and leggings (or coveralls of flameproof material) and gauntlet gloves, and

 

31.7.5   gum or other insulating boots when working in places so damp that danger of electric shock exists.

 

An employee who is pursuant to this paragraph supplied with any of the equipment specified herein shall wear or use as the case may be such equipment in such a way as to achieve the purpose for which it is supplied.  Where electric arc operators are working screens which shall be suitable and sufficient for the purpose shall be provided by the employer for the protection of employees from flash.

 

31.8      Safety Gear for Live Work - Adequate safety gear (including insulating gloves, mats and/or shields where necessary) shall be provided by employers for employees required to work on live electrical equipment.

 

31.9      Case Hardened Prescription Lenses - An employer who requires an employee to have his/her prescription lenses case hardened shall pay for the cost of such case hardening.

 

32.  Deleted

 

33.  Working Within Skills Competency and Training

 

33.1      An employer may direct an employee to carry out such duties as are within the limits of the employees skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote deskilling.

 

33.2      An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

 

33.3      Any direction issued by an employer pursuant to subclauses 33.1 and 33.2 of this clause shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

 

34.  Consultative Mechanism

 

34.1      Enterprises shall establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.

 

35.  Electrical Electronic Industry Training Committees

 

35.1      National Electrical, Electronic Industry Training Committee - Subject to the Apprenticeship and Traineeship Act 2001, the National and State Electrical and Electronic Industry Training committees shall have the responsibility for development of training standards for consideration and endorsement by the National Training Board and the provision of advice and assistance to the National Training Board and State and Territory Training Authorities in respect of matters relating to training in the industries and callings covered by this award including, but not limited to, the following:

 

(a)        training and skill standards;

 

(b)        curriculum development;

 

(c)        training courses;

 

(d)        articulation and accreditation requirements both on and off‑the‑job;

 

(e)        on‑the‑job training guidelines.

 

36.  Grievance and Dispute Resolution Procedures

 

36.1      Procedures relating to grievances of individual employees

 

36.1.1   The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

36.1.2   A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

36.1.3   Reasonable time limits must be allowed for discussion at each level of authority.

 

36.1.4   At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

36.1.5   While a procedure is being followed, normal work must continue.

 

36.1.6   The employee may be represented by an industrial organisation of employees.

 

36.2      Procedures relating to disputes etc. between employers and their employees -

 

36.2.1   A question, dispute or difficulty must initially be dealt with as close to its course as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

36.2.2   Reasonable time limits must be allowed for discussion at each level of authority.

 

36.2.3   While a procedure is being followed, normal work must continue.

 

36.2.4   The employer may be represented by an industrial organisation of employers and the employer may be represented by an industrial organisation of employees for the purposes of each procedure.

 

37. Area, Incidence and Duration

 

37.1      This award has been made pursuant to the s19 of the Industrial Relations Act 1996. It shall commence from the first full pay period to commence on or after 19 April 2001, and shall remain in force for 12 months.

 

This award rescinds and replaces:

 

(a)        the Electricians, &c. (State) Award published 28 August 1974, and reprinted 3 February 1982, and further reprinted 7 August 1992 (270 I.G. 950) and all variations thereof.

 

(b)        the Electricians &c., Redundancy and Technological Change (State) Award published 24 November 1995 (289 I.G. 617).

 

(c)        the Electricians Superannuation Award published 3 April 1992 (268 I.G. 917).

 

(d)        the Electricians &c Family Leave (State) Award published 15 December 1995 (289 I.G. 1276).

 

(e)        the Electricians &c. (State Wage Case) (State) Award 1996 published 24 October 1997 (301 I.G. 1059), and all variations thereof.

 

(f)         the Electricians &c. (State) Expense Related Allowances Award 1996 published 14 June 1996 (293 I.G. 331), and all variations thereof.

 

37.2      The changes made to the award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on and from 20 December 2007.

 

This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

38.  Deduction of Union Membership Fees

 

38.1      The employer shall deduct the union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

(a)        The employee has authorised the employer to make such deduction in accordance with subclause (ii) herein;

 

(b)        The Union shall advise the employer of the amount to be deducted for each pay period applying at the employer’s workplace and any changes to that amount;

 

(c)        Deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

 

(d)        There shall be no requirement to make deductions for casual employees with less than two months’ service (continuous or otherwise).

 

38.2      The employee’s authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union’s rules) that the Union advises the employer to deduct.  Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employees consent to do so.  Such consent may form a part of the written authorisation.

 

38.3      Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees’ membership accounts, provided that:

 

(a)        where the employer has elected to remit on a weekly of fortnightly basis, the employer shall be entitled to retain up to five percent of the monies deducted; and

 

(b)        where the employer has elected to remit on a monthly or quarter basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

38.4      Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

 

38.5      The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year.  Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly, or quarterly as the case may be. The Union shall give the employer a minimum of two months’ notice of any such change.

 

38.6      An employee may at any time revoke in writing authorisation to the employer to make payroll deductions of Union membership fees.

 

38.7      Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.

 

38.8      The above variations shall take effect:

 

(a)        In case of employers which currently deduct union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 4 September 2003.

 

(b)        In the case of employers who do not fall within subparagraph (above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees’ pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 4 December 2003.

 

(c)        For all other employers, from the beginning of the first pay commence on or after 4 March 2004.

 

39.  School Based Apprentices

 

39.1      Objective

 

The objective of this clause is to assist in the establishment of a system of school based apprenticeship as part of the Higher School Certificate. The school based apprenticeship may commence upon the completion of the Year 10 School Certificate exams. Such school based apprenticeships are undertaken at minimum Certificate III Australian Qualifications Framework (AQF) qualification level as specified in the relevant Vocational Training Order pursuant to the Apprenticeship and Traineeship Act 2001.

 

39.2      Wages

 

39.2.1   The hourly rates for full time apprentices as set out in this Award shall apply to school based apprentices for total hours worked including time deemed to be spent in off-the job training.

 

39.2.2   For the purposes of subclause (a) of this clause, where a school based apprentice is a full time school student, the time spent in off-the-job training for which the school based apprentice is paid is deemed to be 25 per cent of the actual hours worked on-the-job each week.  The wages paid for training time may be averaged over the school term or year.

 

39.2.3   Where this Award specifies a weekly rate for full time apprentices the hourly rate shall be calculated by dividing the applicable weekly rate by 38.

 

39.3      Conversion from a school based to a full time apprenticeship

 

Where an apprentice converts from a school based to a full-time apprenticeship, all time spent as a full time apprentice counts for the purpose of progression through the wage scale set out in this Award.  This progression applies in addition to the progression achieved as a school based apprentice.

 

39.4      Conditions of Employment

 

Except as otherwise provided by this Award, school based apprentices are entitled to pro rata entitlements of all other conditions of employment contained in this Award.

 

39.5      Disputes and Disciplinary Matters

 

The provisions of the Apprenticeship and Traineeship Act 2001 shall apply for the resolution of disputes and disciplinary matters.

 

39.6      Leave Reserved

 

In relation to matter IRC No. 43 of 2007 leave is reserved to have the matter re-listed urgently if any variation to the Vocational Training Order applying to a school based apprentice covered by this award occurs that is not with the consent of the parties to this award.

 

Electricians, &c. (State) Industrial Committee

 

Industries and Callings

 

This Award shall apply to all persons employed in the classifications specified in clause 8, Wage Rates, within the following industries and callings;

 

Makers, fitters, repairers and installers of electrical apparatus and installations and persons assisting therein, and employees engaged in the maintenance of electrical apparatus and installations and persons assisting therein, or in running electrical plant, and in connection with such industries, all oxy‑acetylene and electric welders in the State, excluding the County of Yancowinna;

 

excepting employees of -

 

State Transit Authority of New South Wales;

 

State Rail Authority of New South Wales;

 

The Roads and Traffic Authority;

 

The Water Board;

 

The Hunter District Water Board;

 

South Maitland Railways Pty Limited;

 

Southern Copper Limited, Metal Manufactures Limited, Incitec Limited;

 

The Broken Hill Proprietary Company Limited at Newcastle;

 

Australian Iron and Steel Proprietary Limited, within the jurisdiction of the Iron and Steel Works Employees (Australian Iron & Steel Proprietary Limited) Conciliation Committee and Quarries (Australian Iron and Steel Pty Limited) Conciliation Committee;

 

Blue Circle Southern Cement Limited;

 

The Council of the City of Sydney;

 

Sydney Electricity;

 

The Electricity Commission of New South Wales (Pacific Power);

 

Municipal, shire and county councils, or of person or corporations supplying electricity to the said councils, or to the public under agreement with the said councils;

 

Australian Wire Industries Pty Ltd at its Sydney Wiremill;

 

Australian Wire Industries Pty Ltd at its Newcastle Wiremill;

 

The Council of the City of Newcastle;

 

The Australian Gas Light Company;

 

and excepting also employees -

 

In or about coal mines north of Sydney, in or about coal mines in the South Coast district, in or about coal and shale mines west of Sydney;

 

In or about metalliferous and limestone mines; in or in connection with mining for minerals other than coal or shale; and in or about diamond and gem bearing mines, mining dredges, ore sluicing process, ore smelting, refining, treatment and reduction works;

 

and excepting also -

 

All person employed in or in connection with hospitals, mental hospitals, public charitable institutions or ambulance work;

 

Persons employed in or by The United Dental Hospital of Sydney;

 

and excepting also employees within the jurisdiction of the -

 

Australian Wire Industries Pty Ltd - Newcastle Ropery Industrial Committee;

 

Breweries, &c. (State) Industrial Committee;

 

Cement Workers, &c. (State) Industrial Committee;

 

Crown Employees (Skilled Tradesmen) Industrial Committee)

 

Electrical Contracting Industry (State) Industrial Committee;

 

John Lysaght (Australia) Limited Newcastle Industrial Committee;

 

John Lysaght (Australia) Limited Port Kembla Industrial Committee;

 

John Lysaght (Australia) Limited Unanderra Industrial Committee;

 

Milk Treatment, &c., and Distribution (State) Industrial Committee;

 

Public Hospital (Skilled Tradesmen) Industrial Committee;

 

Smelting and Fertilizer Manufacturing Industrial Committee;

 

Special Steels and Steel Products Manufacture (Commonwealth Steel Company Limited) Industrial Committee;

 

Tubemakers of Australia Limited, Newcastle Industrial Committee;

 

Tubemakers of Australia Limited, Yennora Industrial Committee.

 

and excepting also employees in the following organisations meeting the appropriate criteria -

 

Australian Consolidated Press Ltd and Conpress Printing are exempted from this award so long as they observe the terms and conditions of Industrial Agreement No. 4066 filed 16 June 1970 and any variation or substitution therefore.

 

Subject to the provisions of clauses 14 and 15 of Industrial Agreement No. 4058 filed 2 June, 1970 John Fairfax & Sons Pty Ltd is exempt from this award so long as it observes the terms and conditions of the said Industrial Agreement No. 4058 or of any other industrial agreement in variation thereof or in substitution therefore.

 

Subject to the provisions as to temporary employees contained in clause 14 of Industrial Agreement No. 4067, filed 17 June 1970 Mirror Newspapers Limited is exempt from this award so long as it observes the terms and conditions of the said Industrial Agreement No. 4067 or of any other industrial agreement in variation thereof or in substitution therefore.

 

Subject to the provisions of clauses 14 and 15 of Industrial Agreement No. 4065, filed 10 June 1970 Sungravure Limited is exempt from this award so long as it observes the terms and conditions of the said Industrial Agreement No. 4065 or of any other industrial agreement in variation thereof or in substitution therefore.

 

Board of Fire Commissioners of New South Wales is exempt from this award so long as it observes the terms and conditions of Industrial Agreement No. 4822, filed 10 August 1973 or of any other industrial agreement in variation thereof or in substitution therefore.

 

Electrical tradesman's assistants employed under the provisions of the Crown Employees (Tradesman's Assistants) Award are exempt from the provisions of this award.

 

The State Dockyard, Newcastle, is exempt from the provisions of clauses 22, Sick Leave, 24, Annual Leave, and subclauses 25.1, Long Service Leave, and 25.3, Bereavement Leave, of clause 25, Other Leave, so long as it observes the provisions of the New South Wales Government Uniform Leave Conditions in force from time to time.

 

Koppers Australia Proprietary Limited is exempt from subclause 17.5, Spread of Hours, of clause 17, Hours of Work - Day Workers, of this award, so long as the company and the union observe the terms and conditions of the agreement ratified by the Industrial Commission of New South Wales on 24 February 1988 in Matter No. 16 of 1988 or any variation or substitution therefore.

 

Appendix

 

The following margins per week will apply to the male employees in the classifications listed hereunder of A.W. Goodwin Limited and Tulloch Limited being employees within the Engineering, Metal Working and Fabrication Sections of the Rolling Stock Industry:

 

(i)         Weekly Wage Rates of Pay -

 

 

(ii)        Conditions of Employment - Shall be those prescribed by the Electricians, &c. (State) Award except as varied herein.

 

(iii)       Accumulated Sick Leave: Payment will be made for all accumulated sick leave on termination for any reason other than serious misconduct.

 

(iv)       Compassionate Leave - Three days of paid leave of absence to employees suffering a bereavement within immediate family, i.e. father, mother, father‑in‑law, mother‑in‑law, wife, son, daughter, brother or sister.

 

(v)        Washing Time - Every employee is allowed six minutes washing time each shift except on the normal pay day when a total of ten minutes is allowed.

 

(vi)       Leading Hands - In addition to the rates prescribed herein an additional rate of $16.40 per week shall be paid to those employees classified as leading hands.

 

(vii)      Service Allowance - A service allowance will be paid after the first year of continuous service in accordance with the following scale and conditions: 2 years to 5 years (inclusive) - 2 days per completed year of service.

 

Conditions -

 

(a)        Service allowance will not be paid when an employee attains entitlement for his/her appropriate Long Service Leave.

 

(b)        A service allowance is not to be paid for any other reason than retrenchment due to the slackness in trade.

 

(c)        Service allowance to be looked upon as Long Service Leave in Advance. The actual cash payment is to be deducted from any further long service leave payment should an employee qualify for long service leave following some later period of employment.

 

(viii)     Extended Sick leave - Accruals - Employees absent on authorized extended sick leave, not being sickness in respect of which any such employee is entitled to workers' compensation, will be entitled to have annual leave accrued for the first six months of such extended sick leave.

 

(ix)       Sickness Fund - The employer agrees to maintain the current non‑contributory sickness benefits at present applicable to its employees.

 

(x)        Life Assurance - The employer agrees to maintain the current non‑contributory life assurance at present applicable to its employees.

 

(xi)       Increments - The Weekly Rates set out in subclause (i) hereof shall be increases for each and every classification by $3.00 per week from first pay period on or after 20 June 1973.

 

(xii)      Duration - This appendix shall remain in force for a period of 18 months from the date appearing herein, except and unless determined by both parties hereto, in writing.

 

(xiii)     Date of Operation - From the first pay period to commence on or after 18 March 1972.

 

PART B

 

MONETARY RATES

 

Table 1 - Wage Rates

 

 

* The supplementary payment prescribed shall be paid to all employees other than employees engaged on construction work.

 

Table 2 - Additional Margins

 

 

 

Table 3 - Apprentice Rates

 

(i)         Indentured Apprentices

 

(a)        The minimum weekly rates of wages for apprentices shall be as follows:

 

 

(ii)        Trainee Apprentices

 

(a)        The minimum weekly rates of wages for trainee apprentices shall be as follows:

 

Table 4 - Expense Related Allowances

 

 

Table 5 - Work Related Allowances

 

 

 

 

 

J.D. STANTON, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.