Government Railways (Building Trades Construction 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 1755 of 2009)

 

 

VARIATION

 

1.        Delete subclause (i) of clause 6, Rates of Wages, Tool and Special Allowances, of the award published 2 May 2008 (365 I.G.868) and insert in lieu thereof the following:

 

6.  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	675.02
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 journeyperson plumbers an amount of 62 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 journeyperson plumbers in this clause and subclause (vi) of this clause, the following rates:

 

(a)      When required to act on a plumbers licence 81 cents

 

(b)      When required to act on a gasfitters licence 81 cents

 

(c)      When required to act on a drainers licence 68 cents

 

(d)      When required to act on a plumbers and gasfitters licence $1.09

 

(e)      When required to act on a plumbers and drainers licence $1.09

 

(f)       When required to act on a gasfitters and drainers licence $1.09

 

(g)      When required to act on a plumbers gasfitter and drainers licence $1.49

 

(h)      When required to act on a Pressure Welding Certificate 46 cents

 

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)      Tradespeople covered by this award when employed on large construction projects being constructed by the Public Transport Commission of NSW shall be paid not less than the amount paid to tradespersons of the same class under the Building & Construction Industry (State) Award in respect of wage rate, tool allowance, industry allowance and special allowance. Any disputes between the parties concerning construction work being defined as a large construction project shall be referred to the Industrial Relations Commission of New South Wales for determination.

 

(vi)      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 63 cents per hour in addition to his ordinary rate of pay.

 

This allowance shall be paid for all purposes of the Award with the exception of Clause 5 Overtime, in which case it shall be paid at the flat rate and not subject to penalty provisions.

 

(vii)     The allowances contained in subclause (iv) and (vi) 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 the appropriate hourly rate.

 

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

 

7.  Charge Hands

 

Charge hand tradespeople shall be paid at the rate of the following amounts whilst so employed in addition to rates of wages prescribed by Clause 6, Rates of Wages, Tool and Special Allowances of this Award, for employees of the same classification except in respect of the large construction project allowance.

 

 

3.        Delete clause 9, Special Rates, and insert in lieu thereof the following:

 

9.  Special Rates

 

In addition to the ordinary rates of wages:

 

(i)       High places: A bridge carpenter when required to work at a height of 7.62 metres from the ground, deck floor or water level shall be paid at the rate of 57 cents per hour extra, and 9 cents per hour extra for every additional 3.048 metres. Height shall be calculated from where it is necessary for the employee to place his hands or tools in order to carry out the work to the ground deck, floor or water level.

 

For the purpose of this paragraph "deck" or "floor" shall mean a substantial structure which, even though temporary is sufficient to protect an employee from falling any further distance and "water level" shall mean in tidal waters the mean water level.

 

This paragraph shall not apply to workers working on suitable scaffolding erected in accordance with the regulations under the Occupational Health and Safety Act 2000 and certified by an inspector as conforming to that Act.

 

(ii)       An employee required to work on the construction of chimneys and air shafts where the construction exceeds 15.24 metres in height, shall be paid for all work above 15.24 metres 57 cents per hour with 11 cents per hour additional for work above each further 15.24 metres.

 

(iii)      Tunnels and sewers: In the case of all employees whose craft award contains a similar provision an employee when engaged in tunnel and sewer work in an underground shaft exceeding 3.048 metres in depth shall be paid such additional minimum rate as is provided for in such craft award.

 

(iv)      Second hand timber: A bridge carpenter or a carpenter and joiner who, whilst working on secondhand timber has their tools damaged by nails, dumps or other foreign matter in the timber shall be paid an allowance of $2.15 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.

 

(v)      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 57 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.

 

(vi)      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 conveying offensive material, or scupper containing sewage shall be paid an additional $5.94 per day or part of a day thereof.

 

(vii)     Swing scaffold: A payment of $4.25 for the first four hours or any portion thereof and 83 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 or 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.

 

(viii)    Insulation: 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, 63 cents per hour or part thereof.

 

(ix)      Hotwork: An employee who works in a place where the temperature has been raised by artificial means to between 46 degrees and 54 degrees Celsius - 48 cents per hour or part thereof, exceeding 56 degrees Celsius - 71 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.

 

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

 

(xi)      Roof repairs:  Employees engaged on repairs to roofs shall be paid 69 cents per hour.

 

(xii)     An employee who is an authorised operator of explosive power tools shall be paid $1.34 for each day on which he uses such a tool.

 

(xiii)    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 57 cents per hour in addition to ordinary rates. This sub-clause shall not apply to an employee working on a bosuns chair or swinging stage.

 

(xiv)    A painter engaged on all spray application carried out in other than a properly constructed booth, approved by the Department of Commerce shall be paid 57 cents per hour extra.

 

(xv)     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 $4.09 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 7, Leading Hands of this award.

 

(xvi)    Where an employee is a qualified first-aid person and is employed to carry out the duties of a qualified first-aid person the employee shall be paid an additional rate of $2.45 per day.

 

(xvii)   Applying obnoxious substances:

 

(a)      An employee engaged in either the preparation and/or application of epoxy based materials or materials of a like nature shall be paid 71 cents per hour extra.

 

(b)      In addition employees applying such material in buildings which are normally air-conditioned shall be paid 44 cents per hour extra for any time worked when the air conditioning plant is not operating.

 

(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 Health Commission of New South Wales.

 

(d)      Employees working in close proximity to employees so engaged shall be paid 57 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.

 

(xviii)  Marking-setting-out: A building tradesperson mainly employed marking and/or setting out work for other employees shall be paid an additional margin of $21.52 per week.

 

(xix)    Cleaning down brickwork: A bricklayer required to clean down bricks using acids or other corrosive substances shall be paid 49 cents per hour extra. Whilst so employed employees will be supplied with gloves.

 

(xx)     Bricklayers laying other than standard bricks: Bricklayers employed laying block (other than cindercrete blocks for plugging purposes) shall be paid the following additional rates:

 

Where the blocks with over 5.5 kg and under 9 kg - 57 cents per hour.

 

Where the blocks with 9kg or over up to 18 kg - $1.02 per hour.

 

Where the blocks weigh over 18 kg - $1.43 per hour.

 

An employee shall not be required to lift a building block in excess of 20kg 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 20kg in weight to a height of more than 1.2 metres above the working platform.

 

(xxi)    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 71 cents per hour extra while so engaged.

 

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

 

(xxiii)  Rates not cumulative: Where more than one of the above special rates provides payment 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.