Government Railways (Building Trades Maintenance Staff) 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 1896 of 2009)

 

 

VARIATION

 

1.        Delete clause 5, Rates of Wages, Tool and Special Allowances, of the award published 2 May 2008 (365 I.G. 890) and insert in lieu thereof the following:

 

5.  Rates of Wages, Tool and Special Allowances

 

(i)       Employees of the classifications specified hereunder shall be paid at the following rates of Wages per week:

 

Classification	Base*	Tool	Fixed	Fixed	Trades-	SWC	Total
	rate	Allowance	Special	Additional	persons’	2000-	per wk
	per wk	per wk	Allowance	loading	Allowance	2009
			per wk	per wk	per wk
	$	$	$	$	$	$	$
Bricklayer	366.00	18.60	12.88	59.87	16.25	181.25	654.85
Bridge	366.00	26.20	12.88	59.87	16.25	181.72	662.92
Carpenter
Carpenter and
joiner	366.00	26.20	12.88	59.87	16.25	181.18	662.38
Painter	366.00	6.30	12.88	59.87	16.25	180.46	641.76
Signwriter	375.80	6.30	12.88	59.87	16.25	180.44	648.84
Plaster and
Fibrous Plaster	366.00	21.60	12.88	59.87	16.25	181.44	658.04
Fixer
Plumber and	369.10	26.20	12.88	59.87	16.25	190.73	675.03
Gasfitter

 

* Please note the base rate includes the now deleted basic wage component of $121.40

 

Provided that the amount shown as additional loading comprehends consideration for over award payments.

 

(ii)       Without limiting the general meaning, signwriting work shall include making of stencils and stencilling by screen or any other method, and the making and/or fixing of transfers.

 

(iii)      The ordinary hourly rates for employees engaged on leadburning shall be calculated by adding to the hourly rate prescribed for journeymperson plumbers an amount of 64 cents per hour.

 

(iv)      The ordinary hourly rates for employees in the following classifications shall be calculated by adding to the hourly rate prescribed for journeyman plumbers in this clause and subclause (vi) of this clause, the following rates:

 

(a)      When required to act on their plumbers licence - $0.83

 

(b)      When required to act on their gasfitters licence - $0.83

 

(c)      When required to act on their drainers licence - $0.71

 

(d)      When required to act on their plumbers and gasfitters licence - $1.12

 

(e)      When required to act on their plumbers and drainers licence - $1.12

 

(f)       When required to act on their gasfitters and drainers licence - $1.12

 

(g)      When required to act on their plumbers gasfitter and drainers licence - $1.47

 

(h)      When required to act on Pressure Welding Certificate - $0.48

 

Gasfitting licence shall be deemed to include coal gas, town gas, natural gas, liquid petroleum gas or any other gas where it is required by any State Act of Parliament or regulation that the holder of a licence be responsible for the installation of any such service or services.

 

(v)      A plumber and or gasfitter and/or drainer who is or will be required to be the holder of a certificate of Registration shall be paid 62 cents per hour in addition to their ordinary rate of pay.

 

This allowance shall be paid for all purposes of the award with the exception of Clause 4 OVERTIME and Clause 10, Night and/or shift work in which case it shall be paid as a flat rate and not subject to penalty provisions.

 

(vi)      The allowances contained in sub-clause (iv) and (v) of this clause are applicable to employees working a 40 hour week. Where employees work an average of 38 hours per week in a four week work cycle the hourly rate indicated is to be multiplied by 40 and divided by 38 to obtain an appropriate hourly rate.

 

(vii)     The rates of pay in this award include the adjustments payable under the 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.

 

2.        Delete clause 7, Leading Hands and insert in lieu thereof the following:

 

7.  Leading Hands

 

Leading hand tradesmen shall be paid at the rate of the following amounts whilst so employed, in addition to the rates of wages prescribed by Clause 5, Rates of wages, tool and special allowances of this award, for employees of the same classification:

 

 

3.        Delete clause 8, Special Rates, and insert in lieu thereof the following:

 

8.  Special Rates

 

In addition to the ordinary rates of wages.

 

(i)       Tunnels: An employee when working in a tunnel 402.34 metres or over in length or in the Eveleigh Engine dive shall be paid at the rate of 45 cents per hour extra.

 

(ii)       Wet places: An employee when working in any place where his clothing or boots become saturated whether by water, oil or otherwise shall be paid at the rate of 58 cents per hour extra; provided that this extra rate shall not be payable to an employee who is provided by the employer with suitable and effective protective clothing and/or footwear; provided further that any employee who becomes entitled to this extra rate shall continue to be paid such extra rate for such part of the day or shift as he is required to work in wet clothing or boots.

 

(iii)      Chokages: A plumber who is employed upon any chokage or oil chokage (other than domestic and is required to open up any soil pipe, waste pipe or drain pipe conveying offensive material or scupper containing sewage shall be paid an additional $6.09 per day or part of a day thereof.

 

(iv)      Boilers, flues, etc: An employee when engaged in alteration of repairs to boilers, flues, furnaces, retorts and kilns shall be paid at the rate of $1.71 per hour extra.

 

(v)      Swinging scaffold - a payment of $4.20 for the first four hours or any portion thereof and 85 cents for each hour thereafter on any day shall be made to any person employed-

 

(a)      On any type of swing scaffold or any scaffold suspended by rope of cable, bosuns chair etc.,

 

(b)      On a suspended scaffold requiring the use of steel or iron hooks or angle irons at a height of 6 metres or more above the nearest horizontal plane.

 

And further provided that solid plasterers when working off a swing scaffold shall receive an additional 11 cents per hour.

 

(vi)      An employee who is called upon to handle charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool, or other recognised insulation material of a like nature or working in the immediate vicinity so as to be offended by the use thereof, 74 cents per hour or part thereof.

 

(vii)     Hotwork: An employee who works in a place where the temperature has been artificially raised to between 46 degrees and 54 degrees Celsius shall be paid 56 cents per hour or part thereof exceeding 54 degrees Celsius - 74 cents per hour or part thereof.

 

Where such work continues for more than two hours the employee shall be entitled to 20 minutes rest after every two hours work without loss of pay, not including the special rate provided by this sub-clause.

 

(viii)    An employee who works in a place the dimensions or nature of which necessitate working in a cramped position or without sufficient ventilation shall be paid 71 cents per hour extra.

 

(ix)      Roof Repairs: Employees engaged on repairs to roofs shall be paid 74 cents per hour.

 

(x)      An employee who is an authorised operator of explosive power tools shall be paid $1.37 for each day on which he uses such a tool.

 

(xi)      An employee working on any structure at a height of more than 9.144 metres where an adequate fixed support not less than .762 metres wide is not provided shall be paid 58 cents per hour in addition to ordinary rates.  This sub-clause shall not apply to an employee working on a bosun’s chair or swinging stage.

 

(xii)     An employee being the holder of a Department of Industrial Relations oxyacetylene or electric welding certificate or equivalent qualifications recognised by the Employer when required by the Employer to act on either of his certificates or equivalent qualifications during the course of his employment shall be entitled to be paid for every hour of his employment on work the nature of which is such that it is done by or under the supervision of the holder of a certificate or while not performing but supervising such work the sum of 49 cents per hour for each certificate in addition to the rates for journeyperson plumbers.

 

(xiii)    A painter engaged on all spray applications carried out in other than a properly constructed booth approved by the Department of Commerce shall be paid 58 cents per hour extra.

 

(xiv)    Computing quantities - Employees who are regularly required to compute or estimate quantities of materials in respect to the work performed by other employees shall be paid an additional $4.20 per day or part thereof, provided that, this allowance shall not apply to an employee classified as a leading hand and receiving allowance prescribed in clause 6, Leading Hands, of this award.

 

(xv)     Applying obnoxious substances:

 

(a)      An employee engaged in either the preparation and/or the application of epoxy based materials or materials of a like nature shall be paid 73 cents per hour extra.

 

(b)      In addition employees applying such material in buildings which are normally air-conditioned shall be paid 45 cents per hour extra for any time worked when the air-conditioning plant is not operated.

 

(c)      Where there is an absence of adequate natural ventilation the employer shall provide ventilation by artificial means and/or supply an approved type of respirator and in addition protective clothing shall be supplied where recommended by the WorkCover Authority of New South Wales.

 

(d)      Employees working in close proximity to employees so engaged shall be paid 58 cents per hour extra.

 

(e)      For the purpose of this clause 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.

 

(xvii)   Cleaning down brickwork: A bricklayer required to clean down bricks using acids or other corrosive substances shall be paid 50 cents per hour extra. While so employed employees will be supplied with gloves.

 

(xviii)  Bricklayers laying other than standard bricks - bricklayers employed laying blocks (other than concrete blocks for plugging purposes shall be paid the following additional rates:

 

Where the blocks weigh over 5.5 kg and under 9 kg: $0.58

 

Where the blocks weigh 9 kg or over up to 18 kg: $1.04

 

Where the blocks weigh over 18 kg: $1.46

 

An employee shall not be required to lift a building block in excess of 20 kg in weight unless such employee is provided with a mechanical aid or with an assisting employee; provided that, an employee shall not be required to manually lift any building block in excess of 20 kg in weight to a height of more than 1.2 metres above the working platform.

 

(xix)    Plumbers engaged on electric welding applicable to plumbing other than those covered by sub-clause (xii) of this clause shall be paid 16 cents per hour extra for the time so worked.

 

(xx)     Asbestos: Employees required to use materials containing asbestos or to work in close proximity to employees using such materials shall be provided with, and shall use, all necessary safeguards as required by the appropriate occupational health authority and where such safeguards include the mandatory wearing of protective equipment (ie combination overalls and breathing equipment or similar apparatus) such employees shall be paid 72 cents per hour whilst so engaged.

 

(xxi)    Bagging: Employees engaged upon bagging brick or concrete structures shall be paid 49 cents per hour.

 

(xxii)   Second hand timber: A carpenter and joiner who, whilst working on second hand timber has his tools damaged by nails, dumps or other foreign matter in the timber shall be paid an allowance of $2.26 for each day upon which his tools are so damaged. Provided that no allowance shall be payable under this paragraph unless the damage is immediately reported to the commission's representative on the job in order that he may have an opportunity to properly investigate the matter.

 

(xxiii)  Marking setting out- A building tradesperson mainly employed marking and/or setting out work for other employees shall be paid an additional margin of $22.19 per week.

 

(xxiv)  Rates not cumulative: Where more than one of the above special rates provide payments for disabilities of substantially the same nature then only the highest of such rates shall be payable.

 

The above rates shall not form part of the ordinary rates of wages for the purpose of calculation of overtime. 

 

4.        This variation shall take effect from the beginning of the first pay period to commence on or after 9 December 2009.

 

 

 

 

P. J. CONNOR, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.