Building
and Construction Industry (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Construction,
Forestry, Mining and Energy Union (New South Wales Branch) , Industrial Organisation
of Employees.
(No. IRC 1143 of 2009)
|
Before Commissioner
Connor
|
9 December 2009
|
VARIATION
1. Delete
paragraph (a) of subclause 18.1 of 18, Classifications and Wage Rates, of the award
published 31 August 2001 (327 I.G. 279), and insert in lieu thereof the
following:
(a) Wage Rates - New
Classification Structure
Subject to subclause (c) of this clause, the following amounts
shall be applied where appropriate for the purposes of the calculation of the
hourly rate under 18.3 of this award.
|
Classification
|
Weekly Rate
|
Relativity
|
|
|
$
|
%
|
|
|
|
|
|
Construction Worker Level 8 (CW8)
|
772.50
|
125
|
|
Construction Worker Level 7 (CW7)
|
748.10
|
120
|
|
Construction Worker Level 6 (CW6)
|
725.90
|
115
|
|
Construction Worker Level 5 (CW5)
|
705.60
|
110
|
|
Construction Worker Level 4 (CW4)
|
683.40
|
105
|
|
Construction Worker Level 3 (CW3)
|
661.00
|
100
|
|
Construction Worker Level 2 (CW2)
|
641.10
|
96
|
|
Construction Worker Level 1 (CW1(d))
|
626.70
|
92.4
|
|
Construction Worker Level 1 (CW1(c))
|
614.30
|
90
|
|
Construction Worker Level 1 (CW1(b))
|
605.30
|
88
|
|
Construction Worker Level 1 (CW1(a))
|
591.90
|
85
|
|
Old Wage Group
|
New Wage
|
Hourly Rate
|
|
|
Group
|
|
|
|
|
$
|
|
|
|
|
|
Carpenter Diver
|
CW8
|
28.47
|
|
Foreperson (as defined)
|
CW8
|
24.99
|
|
Sub Foreperson
|
CW7
|
23.65
|
|
Carver
|
CW5
|
20.75
|
|
Special Class Tradesperson (Carpenter and/or
|
|
|
|
Joiner, Stonemason)
|
CW5
|
20.75
|
|
Special Class Tradesperson (Plasterer)
|
CW5
|
20.63
|
|
Special Class Tradesperson (Bricklayer)
|
CW5
|
20.55
|
|
Marker or Setter Out (Artificial Stoneworker,
|
|
|
|
Stonemason, Bridge and Wharf Carpenter,
|
CW4
|
20.15
|
|
Carpenter and/or Joiner, Marble and Slateworker)
|
|
|
|
Marker or Setter Out (Caster, Fixer, Floorlayer
|
|
|
|
Specialist, Plasterer )
|
CW4
|
20.03
|
|
Marker or Setter Out (Bricklayer, Tilelayer, Hard
|
|
|
|
Floor Coverer)
|
CW4
|
19.94
|
|
Marker or Setter Out (Roof Tiler, Slate Ridger or
|
|
|
|
Roof Fixer)
|
CW4
|
19.81
|
|
Marker or Setter Out (Painter)
|
CW4
|
19.61
|
|
Letter Cutter
|
CW4
|
20.15
|
|
Signwriter
|
CW4
|
19.61
|
|
Artificial Stoneworker, Carpenter and/or
|
|
|
|
Joiner, Bridge and Wharf Carpenter,
|
CW3
|
19.54
|
|
Marble and Slate Worker, Stonemason,
|
|
|
|
Caster, Fixer, Floorlayer Specialist, Plasterer
|
CW3
|
19.42
|
|
Bricklayer, Tilelayer
|
CW3
|
19.34
|
|
Roof Tiler, Slate Ridger, Roof Fixer
|
CW3
|
19.20
|
|
Painter
|
CW3
|
19.00
|
|
Shophand
|
CW3
|
18.83
|
|
Quarryworker
|
CW3
|
18.83
|
|
Labourer (1) - Rigger, Dogger
|
CW3
|
18.83
|
|
Machinist
|
CW3
|
18.83
|
|
Labourer (2) - Scaffolder (as defined), Powder
|
|
|
|
Monkey, Hoist or Winch Driver, Foundation
|
CW2
|
18.29
|
|
Shaftsworker (as defined), Steel Fixer including
|
|
|
|
Tack Welder, Concrete Finisher (as defined)
|
|
|
|
Labourer (3) - Trades labourer, Jack Hammerman,
|
CW1(d)
|
17.90
|
|
Mixer Driver (concrete), Gantry Hand or Crane
|
|
|
|
Hand, Crane Chaser, Cement Gun Operator,
|
|
|
|
Concrete Cutting or Drilling Machine Operator,
|
|
|
|
Concrete Gang including Concrete Floater (as
|
|
|
|
defined), Roof Layer (malthoid or similar material),
|
|
|
|
Dump Cart Operator, Concrete Formwork stripper,
|
|
|
|
Mobile Concrete Pump Hoseman or Line Hand
|
|
|
|
Plasterer’s Assistant
|
CW1(d)
|
17.90
|
|
Terrazzo Assistant
|
CW1(d)
|
17.90
|
|
Labourer (4) - Builders Labourer other than as
|
|
|
|
specified herein)
|
CW1(c)
|
17.56
|
2. Delete paragraph
(f) of subclause 18.1 of the said clause 18, and insert in lieu thereof the
following:
(f) The rates of
pay in this award include the adjustments payable under State Wage Case
2009. These adjustments may be offset
against:
(i) any equivalent
overaward payments and/or
(ii) award wage
increases since 29 May, 1991 other than Safety Net, State Wage Case and minimum
rates adjustments.
3. Delete
subparagraphs 18.1.2.1, 18.1.2.2 and 18.1.2.3 of paragraph 18.1.2 Wage Rates -
Apprentices, of the said clause 18, and insert in lieu thereof the following:
18.1.2.1 Carpenters,
Joiners, Bricklayers, Painters, etc., Plasterers, etc., Roof Tilers, Fibrous
Plasterer, Plasterboard Fixer, Stonemasons, Tilelayers, Floorlaying.
(i) Indentured Apprentice
- The minimum rates of wages for four-year apprentices shall be as follows:
From 26 November 2009
|
Year
|
Base Rate
|
Percentage
|
Industry
|
Special
|
Total Per
|
|
|
Per Week
|
relative to CW3
|
Allowance
|
Allowance
|
Week
|
|
|
|
Trade Rate
|
Per Week
|
Per Week
|
|
|
|
$
|
%
|
$
|
$
|
$
|
|
1st year
|
271.00
|
41
|
25.10
|
17.10
|
313.20
|
|
2nd year
|
376.80
|
57
|
25.10
|
25.30
|
427.20
|
|
3rd year
|
509.00
|
77
|
25.10
|
32.50
|
566.60
|
|
4th year
|
581.70
|
88
|
25.10
|
38.70
|
645.50
|
(ii) Trainee
Apprentice
From 26 November 2009
|
Year
|
Base Rate
|
Percentage
|
Industry
|
Special
|
Total Per
|
|
|
Per Week
|
relative to CW3
|
Allowance
|
Allowance
|
Week
|
|
|
|
Trade Rate
|
Per Week
|
Per Week
|
|
|
|
$
|
%
|
$
|
$
|
$
|
|
1st year
|
304.10
|
46
|
25.10
|
18.40
|
347.60
|
|
2nd year
|
416.40
|
63
|
25.10
|
27.80
|
469.30
|
|
3rd year
|
548.60
|
83
|
25.10
|
35.30
|
609.00
|
|
4th year
|
608.10
|
92
|
25.10
|
40.10
|
673.30
|
18.1.2.2 Civil Engineering
Construction Carpenters:
|
Year
|
Base Rate
|
Percentage
|
Industry
|
Special
|
Total Per
|
|
|
Per Week
|
relative to CW3
|
Allowance
|
Allowance
|
Week
|
|
|
|
Trade Rate
|
Per Week
|
Per Week
|
|
|
|
$
|
%
|
$
|
$
|
$
|
|
1st year
|
323.90
|
49
|
25.10
|
20.00
|
369.00
|
|
2nd year
|
436.30
|
66
|
25.10
|
28.10
|
489.50
|
|
3rd year
|
555.20
|
84
|
25.10
|
35.30
|
615.60
|
|
4th year
|
641.20
|
97
|
25.10
|
41.40
|
707.70
|
18.1.2.3 Pilot
Three Stage Bricklayers’ Course
(a) These rates
apply to apprentices who are engaged through the Master Builders’ Association
of New South Wales and the Housing Industry Group Apprenticeship Schemes and
who are enrolled or to be enrolled in the three stage Technical and Further
Education course.
(b) These rates
shall also apply whilst the apprentice is attending college in the following
fashion:
|
Stage I - First 8 weeks
- full time at 35 hours per week
|
28 weeks - 1 day per week
|
|
|
|
|
Stage II - 36 weeks
|
1 day per week
|
(c) The above
provisions relating to the pilot bricklayers course, the course itself, and the
rates herein prescribed shall only apply to employed apprentices.
(d) Leave is
reserved in relation to the payment applicable during attendance at college for
the advanced modules (30 weeks - 1 day per week, i.e. 6 x 40 hour modules) for
those apprentices who have successfully completed the requirements of stage II.
(i) Indentured
Apprentices:
The minimum rate of wages for apprentice bricklayers
shall be as follows:
26 November 2009
|
Stage
|
Base Rate
|
Percentage
|
Industry
|
Special
|
Total Per
|
|
|
Per Week
|
relative to CW3
|
Allowance
|
Allowance
|
Week
|
|
|
|
Trade Rate
|
Per Week
|
Per Week
|
|
|
|
$
|
%
|
$
|
$
|
$
|
|
1st six months
|
271.00
|
41
|
25.10
|
16.80
|
312.90
|
|
2nd six months
|
376.80
|
57
|
25.10
|
24.80
|
426.70
|
|
2nd year
|
475.90
|
72
|
25.10
|
31.90
|
532.90
|
|
3rd year
|
575.10
|
87
|
25.10
|
37.90
|
638.10
|
(ii) Trainee
Apprentices:
The minimum rate of wages for trainee apprentice
bricklayers shall be as follows:
26 November 2009
|
Stage
|
Base Rate
|
Percentage
|
Industry
|
Special
|
Total
|
|
|
Per Week
|
relative to CW3
|
Allowance
|
Allowance
|
Per Week
|
|
|
|
Trade Rate
|
Per Week
|
Per Week
|
|
|
|
$
|
%
|
$
|
$
|
$
|
|
1st six months
|
290.80
|
44
|
25.10
|
18.00
|
333.90
|
|
2nd six months
|
403.20
|
61
|
25.10
|
27.30
|
455.60
|
|
2nd year
|
509.00
|
77
|
25.10
|
34.60
|
568.70
|
|
3rd year
|
581.70
|
88
|
25.10
|
39.30
|
646.10
|
4. Delete
paragraph 18.1.3 Adult Apprentices, of the said clause 18, and insert in lieu
thereof the following:
18.1.3 Adult Apprentices
Definition - An adult apprentice means an employee engaged
as an apprentice who at the time of apprenticeship is of or above the age of 21
years.
18.1.3.1 Carpenters,
Joiners, Bricklayers, Painters, etc., Plasterers, etc., Roof Tilers, Fibrous
Plasterer, Plasterboard Fixer, Stonemasons, Tilelayers, Floorlaying
(i) Indentured
Apprentices:
|
Year
|
Base Rate
|
Percentage
|
Industry
|
Special
|
Total Per
|
|
|
Per Week
|
relative to CW3
|
Allowance
|
Allowance
|
Week
|
|
|
|
Trade Rate
|
Per Week
|
Per Week
|
|
|
|
$
|
%
|
$
|
$
|
$
|
|
1st year
|
442.90
|
67
|
25.10
|
17.10
|
485.10
|
|
2nd year
|
442.90
|
67
|
25.10
|
25.30
|
493.30
|
|
3rd year
|
509.00
|
77
|
25.10
|
32.50
|
566.60
|
|
4th year
|
581.70
|
88
|
25.10
|
38.70
|
645.50
|
(ii) Trainee
Apprentices:
|
Year
|
Base Rate
|
Percentage
|
Industry
|
Special
|
Total Per
|
|
|
Per Week
|
relative to CW3
|
Allowance
|
Allowance
|
Week
|
|
|
|
Trade Rate
|
Per Week
|
Per Week
|
|
|
|
$
|
%
|
$
|
$
|
$
|
|
1st year
|
442.90
|
67
|
25.10
|
18.40
|
486.40
|
|
2nd year
|
449.50
|
68
|
25.10
|
27.80
|
502.40
|
|
3rd year
|
555.20
|
84
|
25.10
|
35.30
|
615.60
|
|
4th year
|
614.70
|
93
|
25.10
|
40.10
|
679.90
|
18.1.3.2 Civil
Engineering Construction Carpenters - for adult apprentices the minimum rates
shall be as follows:
From 26 November 2009
|
Year
|
Base Rate
|
Percentage
|
Industry
|
Special
|
Total Per
|
|
|
Per Week
|
relative to CW3
|
Allowance
|
Allowance
|
Week
|
|
|
|
Trade Rate
|
Per Week
|
Per Week
|
|
|
|
$
|
%
|
$
|
$
|
$
|
|
1st year
|
442.90
|
67
|
25.10
|
20.00
|
488.00
|
|
2nd year
|
468.30
|
71
|
25.10
|
28.10
|
522.50
|
|
3rd year
|
561.90
|
85
|
25.10
|
35.30
|
622.30
|
|
4th year
|
641.20
|
97
|
25.10
|
41.40
|
707.70
|
5. Delete the table
appearing in subclause 18.4 Leading hands, of the said clause 18, and insert in
lieu thereof the following:
|
Item No.
|
Description
|
Weekly Base
|
Amount
|
|
|
|
|
per hour
|
|
|
|
$
|
$
|
|
(i)
|
In charge of not more than 1 person
|
16.10
|
0.44
|
|
(ii)
|
In charge of 2 and not more than 5 persons
|
35.40
|
0.96
|
|
(iii)
|
In charge of 6 and not more than 10 persons
|
45.10
|
1.22
|
|
(iv)
|
In charge of more than 10 persons
|
60.20
|
1.63
|
6. Delete the
amount "78 cents" appearing in subclause 18.5 Carpenter - Diver
allowance, of the said clause 18, and insert in lieu thereof the following:
80 cents
7. Delete the
table in subclause 18.7 Foreperson and Sub Foreperson Allowances, of the said
clause 18, and insert in lieu thereof the following:
|
Classification
|
Per Week
|
|
|
$
|
|
Foreperson (as defined)
|
89.10
|
|
Sub-Foreperson
|
64.10
|
8. Delete the
table in paragraph 18.8.2 Refractory bricklaying allowance, of the said clause 18,
and insert in lieu thereof the following:
|
Classification
|
Per hour
|
|
|
$
|
|
Refractory Bricklayer
|
1.75
|
|
Refractory Bricklayer’s Assistant
|
1.50
|
9. Delete the
amount of "$24.40" appearing in subclause 24.1, Industry Allowance, of
clause 24, Allowances, and insert in lieu thereof the following:
$25.10
10. Delete the
amounts of "$11.96" and "$2.38" appearing in subclause
24.2, Underground Allowance, of the said clause 24, and insert in lieu thereof
the following amounts "$12.29" and "$2.45" respectively.
11. Delete paragraph
(a) of subclause 24.3 Tool Allowance, of clause 24 Allowance, and insert in
lieu thereof the following:
24.3 Tool Allowance
(a) A tool allowance
shall be paid for all purposes of the Award to tradesperson and apprentices
(including school based apprentice) in their respective trades in accordance
with the following Table. The provision of tools under the Federal Government
"tools for your trade scheme" shall not constitute the provision of
all tools by the employer for the purpose of this clause.
|
Trade
|
Tool
|
|
|
Allowance
|
|
|
$
|
|
Artificial stoneworker, carpenter and/or joiner,
carpenter-diver, carver, bridge and wharf
|
26.20
|
|
carpenter, letter cutter, marble and slate worker,
stonemason
|
|
|
Caster, fixer, floorlayer specialist, plasterer
|
21.60
|
|
Bricklayer, Tilelayer, Hard Floor Coverer
|
18.60
|
|
Rooftiler, Ridger or Roof Fixer
|
13.70
|
|
Signwriter, Painter
|
6.30
|
12. Delete the table
appearing in paragraph 24.5.3 of subclause 24.5 Multi-story allowance, of the
said clause 24, and insert in lieu thereof the following:
|
Floor Levels
|
Amount per
|
|
|
hour extra
|
|
|
$
|
|
From commencement of building to fifteenth floor level
|
0.46
|
|
From sixteenth floor level to thirtieth floor level
|
0.54
|
|
From thirty-first floor level to forty-fifth floor level
|
0.84
|
|
From forty-sixth floor level to sixtieth floor level
|
1.09
|
|
From sixty-first floor level onwards
|
1.36
|
13. By deleting the
table appearing in subclause 25.5 Swing Scaffold, of clause 25 Special Rates,
and inserting:
|
Height of Bracing
|
First Four Hours
|
Each additional
|
|
|
|
|
Hour
|
|
|
|
$
|
$
|
|
|
0 - 15 storeys
|
4.10
|
0.84
|
|
|
16 - 30 storeys
|
5.29
|
1.10
|
|
|
31 - 45 storeys
|
6.26
|
1.27
|
|
|
46 - 60 storeys
|
10.25
|
2.12
|
|
|
greater than 60 storeys
|
13.08
|
2.70
|
|
|
|
|
solid plasterers when working off a swing scaffold
|
0.11 per hour
|
|
|
|
|
|
|
14. Delete the table
appearing in subclause 25.15 Heavy Blocks, of the said clause 25, and insert in
lieu thereof the following:
|
|
Amount per hour
|
|
|
$
|
|
Where the blocks weigh over 5.5 kg and under 9 kg
|
0.57
|
|
Where the blocks weigh 9 kg or over up to 18 kg
|
1.04
|
|
Where the blocks weigh over 18 kg
|
1.44
|
15. Delete the table
appearing in subclause 25.41 Table of Special Rates, of the said clause 25, and
insert in lieu thereof the following:
|
Item No.
|
Clause No.
|
Description
|
Amount
|
|
|
|
|
$
|
|
1
|
25.1
|
Insulation Work
|
0.71p/h
|
|
2
|
25.2
|
Hot Work
|
|
|
|
|
Between 46° and 54°
|
0.57 p/h
|
|
|
|
Beyond 54°
|
0.71 p/h
|
|
3
|
25.3
|
Cold Work
|
0.57 p/h
|
|
4
|
25.4
|
Confined Space
|
0.71 p/h
|
|
5
|
25.6
|
Explosive Powered tools
|
1.35 p/d
|
|
6
|
25.7
|
Wet Work
|
0.57 p/h
|
|
7
|
25.8
|
Dirty Work
|
0.57 p/h
|
|
8
|
25.9
|
Towers Allowance
|
|
|
|
|
Work above 15 metres
|
0.57 p/h
|
|
|
|
Each further 15 metres
|
0.57 p/h
|
|
9
|
25.10
|
Toxic Substances
|
|
|
|
|
Using toxic substances
|
0.71 p/h
|
|
|
|
In close proximity
|
0.57 p/h
|
|
10
|
25.12
|
Materials containing asbestos
|
0.71 p/h
|
|
11
|
25.13
|
Furnace Work
|
1.50 p/h
|
|
12
|
25.14
|
Acid Work
|
1.50 p/h
|
|
13
|
25.16
|
Cleaning down brickwork
|
0.51 p/h
|
|
14
|
25.17
|
Bagging
|
0.51 p/h
|
|
15
|
25.18
|
Bitumen Work
|
0.71 p/h
|
|
16
|
25.19
|
Plaster or composition spray
|
0.57 p/h
|
|
17
|
25.20
|
Slushing
|
0.57 p/h
|
|
18
|
25.21
|
Dry polishing of tiles
|
0.71 p/h
|
|
19
|
25.22
|
Cutting tiles
|
0.71 p/h
|
|
20
|
25.23
|
Second hand timber
|
2.23 p/d
|
|
21
|
25.24
|
Roof repairs -Employees other than slaters and roof tilers
|
0.71 p/h
|
|
22
|
25.24(i)
|
Roof Repairs - Slaters and roof tilers
|
|
|
|
|
Height over 15 metres
|
0.51 p/h
|
|
|
25.24(ii)
|
35° pitch
|
0.71 p/h
|
|
|
|
40° pitch
|
1.04 p/h
|
|
23
|
25.25
|
Computing quantities
|
4.10 p/d
|
|
24
|
25.26
|
Height work - painting tradespersons
|
0.51 p/h
|
|
25
|
25.27
|
Height work - bridge and wharf carpenters
|
|
|
|
|
8 metres from ground, deck, etc.
|
0.57 p/h
|
|
|
|
Each additional 3 metres
|
0.10 p/h
|
|
26
|
25.28
|
Grindstone Allowance
|
6.04 p/w
|
|
27
|
25.31
|
Certificate Allowance
|
0.57 p/h
|
|
28
|
25.32
|
Spray Application - painters
|
0.57 p/h
|
|
29
|
25.33
|
Cutting bricks
|
0.71 p/h
|
|
30
|
25.34(a)
|
District Allowances
|
|
|
|
|
Districts west and north
|
0.83 p/d
|
|
|
|
Western Division
|
1.37 p/d
|
|
31
|
25.34(b)
|
District Allowances
|
|
|
|
|
NSW border to Dalgety
|
1.37 p/d
|
|
32
|
25.34(c)
|
District Allowances
|
|
|
|
|
Road and bridge construction and repair
|
0.44 p/d
|
|
33
|
25.35
|
Pneumatic tools - stonemason
|
3.09 p/d
|
|
34
|
25.36
|
Asbestos Eradication
|
1.90 p/h
|
|
35
|
25.37
|
Laser safety officer
|
2.34p/d
|
|
36
|
25.38
|
Illawarra road and general construction
|
0.57 p/h
|
|
37
|
25.39
|
Suspended Perimeter Work Platform
|
0.86 p/h
|
|
38
|
25.40
|
Labourers on refractory brickwork
|
4.24 per
|
|
|
|
|
call back
|
|
39
|
25.41
|
First Aid Allowances
|
|
|
|
|
Minimum qualification
|
2.42 p/d
|
|
|
|
Higher qualification
|
3.80 p/d
|
16. This variation shall
take effect from the beginning of the first full pay period to commence on or
after 9 December 2009.
P.
J. CONNOR, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.