Crown
Employees (Skilled Trades) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 599 of 2007)
Before The Honourable
Mr Deputy President Harrison
|
31 July 2007
|
REVIEWED
AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Hours -
Day Workers
3. Rates of
Pay
4 Allowances
5. Tool
Allowance
6. Leading
Hands
7. Mixed
Functions
8. Excess
Fares and Travelling Time
9. Overtime
10. Shift Work
11. Holidays
and Sunday Work
12. Payment of
Wages
13. Contract
of Employment
13A School Based
Apprentices
14. Distant
Work
15. Chokages
16. Special
Conditions
17. Hygiene
and Safety First-Aid Outfit
18. Conveniences
19. Piecework
20. Damage to
Clothing or Tools
21. Sharpening
Tools
22. Special
Tools and Clothing
23. Insurance
of Tools
24. Exhibition
of Award
25. Anti-Discrimination
26. Carer’s
Leave
27. Union
Delegates
28. Dispute
Resolution
29. Transport
of Employee's Tools
30. Picnic Day
31. General
Leave Conditions and Accident Pay
32. Deduction
of Union Membership Fees
33. Occupational
Health and Safety for Employees of Labour Hire Employers
34. Area,
Incidence and Duration
PART B
RATES AND ALLOWANCES
Table 1 - Rates of
Pay
Table 2 - Tool
Allowances
Table 3 - Allowances
PART A
This award shall be known as the Crown Employees (Skilled
Trades) Award.
1. Definitions
1.1 For the
purpose of this award, the definitions of the various classes specified in
clause 3, Rates of Pay, of this award, shall be those which are contained in
the respective State Craft Awards in relation to similar classes.
1.2 "Plant
Mechanic" shall mean a Worker engaged in making, repairing, altering and
testing metal parts (including electrics) of engine, frames, tracks,
transmissions and auxiliaries of machines used on construction, earthmoving or
similar operation.
1.3 Mechanical
Tradesperson - Special Class means a Mechanical Tradesperson who is mainly
engaged in any combination of installing, repairing and maintaining, testing,
modifying, commissioning or fault finding on complex machinery and equipment
which utilises hydraulic and/or pneumatic principles. They must be able in the
course of such work to read and understand hydraulic and/or pneumatic circuitry
that controls fluid power systems.
To be classified as a Mechanical Tradesperson - Special
Class a tradesperson must have had a minimum of two years on-the-job experience
as a tradesperson working predominantly on fluid power systems to enable the
carrying out of such work with minimum supervision and technical guidance; and
Additionally they must have satisfactorily completed a
prescribed post-trades course or reached a comparable standard of skill and
knowledge by other means including in-plant training or on-the-job experience.
1.4 Electronic
Tradesperson - for the purpose of this definition "mainly engaged"
means regularly over a period or intermittently during a week.
1.4.1 "Electronic
Tradesperson" means an electrical tradesperson who is engaged in applying
their knowledge and skills to the task of installing, repairing, maintaining,
servicing, modifying, commissioning, testing, fault finding and the 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 tradesperson is required
to carry out their tasks.
To be classified as an Electronic Tradesperson, the
employee must have at least three years on-the-job experience as a tradesperson
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 electronic tradesperson, a tradesperson 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. Hours - Day
Workers
2.1 Except as
provided elsewhere in this Award the ordinary working hours shall be thirty-eight
per week and shall be worked in accord with the following provisions for a
four-week work cycle:
The ordinary working hours shall be worked as a
twenty-day four-week cycle Monday to Friday inclusive with nineteen working
days of eight hours each between the hours of 6.00a.m. and 6.00p.m. Employees
shall be credited with 0.4 of one hour on each day worked. This time will accrue as an entitlement to
take the fourth Monday in each cycle as a day off with pay.
By agreement in writing between the employer and the
employee(s) an alternate day may be substituted for the fourth Monday. All
provisions of the relevant award will apply to the alternate day as to the
usual rostered day off (RDO).
The agreement regarding the substituted day shall be
made at least seven(7) clear days prior to the date of the RDO.
Where an employee works on their rostered day off in
accordance with this sub-clause, they may elect, where practicable, to have
another day off before the end of the succeeding work cycle. In such a case the
accrued entitlements are transferred to the substituted day off.
Provisions of subclause 2.5 shall not apply where 7
days clear notice is given in accordance with subclause 2.1 of this clause.
No later than the 1st December each year the employer
organisation and the Labor Council of N.S.W. Building Trades Group of Unions
shall meet to program the calendar so as to ensure that where appropriate
rostered days off fall together with Public Holidays as prescribed in Clause
11, Holidays and Sunday Work, of the award.
2.2 Where the
fourth Monday or agreed RDO falls on a public holiday, the next working day
shall be taken in lieu of the rostered day off unless an alternative day in
that four-week cycle (or the next four-week cycle) is agreed in writing between
the employer and the employee.
2.3 Each day of
paid, sick or recreation leave taken and any public holidays occurring during
any cycle of four weeks shall be regarded as a day worked for accrual purposes.
2.4 Where an
employee has not worked a complete 4 week cycle, they shall be entitled to
pro-rata accrued entitlements towards an RDO for each day (or fraction thereof)
worked or regarded as worked in the cycle.
This provision will also apply to their entitlements on termination of
employment.
2.5 In addition to
their accrued entitlements, employees shall be paid at the rates for Saturday
work as provided in Clause 9 of this award, if required by the employer to work
on an accrued RDO. The requirement to
work shall apply in circumstances where it is necessary to enable other workers
to be employed productively, or to carry out maintenance outside ordinary
working hours, or for any other reasons arising from unforeseen delays and/or
emergency circumstances on a project.
2.6 A paid rest
period of ten minutes shall be provided between 9a.m. and 11a.m. or at such
earlier time as may be mutually agreed upon.
Employees will be allowed a tea break during the afternoon period at a
time to be arranged by the employer.
The taking of the tea break shall not involve a complete stoppage of
work. Where the majority of employees
on a particular site are covered by awards other than this award, the
conditions for the taking of morning and afternoon rest breaks that apply to
the majority shall be observed by mutual agreement.
2.7 Painters shall
be allowed five minutes before lunch and before knock off time to clean and put
away their brushes, tools, etc., and bridge and wharf carpenters shall be
allowed five minutes before ceasing time to wash and put away gear.
3. Rates of Pay
An employee of a classification specified in Part B, Table 1
- Rates of Pay shall be paid the weekly rate of pay assigned to that
classification as shown in Table 1.
4. Allowances
4.1 In addition to
the wages and tool allowances prescribed in Part B, Table 1 and Item 1 of Table
2 of this Award, the following special rates and allowances as set out in Part
B, Table 3 - Allowances shall be paid to employees.
4.2 Carpenter
Diver: The hourly rate of pay for a Carpenter Diver shall be calculated by
adding the allowance rate specified in Item 3 of Part B, Table 3 to the weekly
rate for a bridge and wharf carpenter and dividing the result by 31.
4.3 The following
provisions shall apply when a bridge and wharf carpenter is called upon to work
as a diver.
(a) In the period
before the lunch break, payment shall be at the carpenter-diver rate for all
time worked, with a minimum payment of three hours.
(b) After the lunch
break, payment at carpenter-diver rate is for time worked or for three hours,
whichever is the greater.
(c) Where the
employee undertakes work as a carpenter-diver both before and after the daily
meal break on the same day, payment for the whole day of six hours twelve
minutes shall be at the carpenter-diver rate.
(d) For any other
work on a day during a period when not paid as a carpenter diver they shall
receive the rates for a bridge and wharf carpenter.
(e) A
carpenter-diver required on any day or shift to work at depths of twelve metres
or over shall be paid a minimum of six hours twelve minutes at the Carpenter
Divers' rate for such day or shift.
4.4 Electricians -
An electrician who is the holder of a New South Wales Electrician’s licence shall
be paid the allowance rate specified in Item 3 of Part B, Table 3.
4.5 Lead Burner -
The ordinary rates for lead burners shall be calculated by adding to the rate
prescribed for journeyman plumbers in this award the allowance rate specified
in Item 4 of Part B, Table 3.
4.6 Plumber and
Drainer - The ordinary rate of wages for employees in each of the
undermentioned classifications shall be calculated by adding to the rate
specified in Part B, Table 1 the allowance rate specified in Item 5 of Part B,
Table 3:
4.6.1 When required
to act on their Plumber's licence;
4.6.2 When required
to act on their Gasfitter's licence;
4.6.3 When required
to act on their Drainer's licence;
4.6.4 When required
to act on their Plumber's and Gasfitter's licence;
4.6.5 When required
to act on their Plumber's and Drainer's licence;
4.6.6 When required
to act on their Gasfitter's and Drainer's licence;
4.6.7 When required
to act on their Plumber's, Gasfitter's and Drainer's licence.
4.7 Electric Welding
- An additional allowance as specified in Item 6 of Part B, Table 3 shall be
paid to employees holding a Department of Industrial Relations oxy-acetylene or
electric welding certificate and who operate at the skill levels required for
the certificate. The allowance will be
paid in addition to the rates for a journeyman/plumber contained in the award
for work necessitating the holding of a certificate, supervision by a
certificate holder or while supervising such work.
4.8 Boot or Shoe
Repairer - A boot or shoe repairer who for the major part of the week is
required to repair anatomical, surgical or orthopaedic boots or shoes shall be
paid the allowance rate specified in Item 7 of Part B Table 3.
4.9 Shipwright-Boat
builder - The ordinary rate of wages for Liner Off, Lofts person and Model
Maker shall be calculated by adding to the rate prescribed in Clause 3, Rates
of Pay, the allowance rate specified in Item 8 of Part B, Table 3.
4.10 Computing
Quantities - Employees, excluding leading hands and charge hands, who are
regularly required to compute or estimate quantities or materials in respect to
the work performed by the other employees shall be paid the allowance rate
specified in Item 9 of Part B, Table 3.
4.11 Joiners,
Department of Public Works: A Joiner employed by the Department of Public Works
shall be paid the allowance rate specified in Item 10 of Part B, Table 3. This rate is fixed for all purposes of the
award.
The provisions of this subclause shall only apply to a
joiner when required to work at their regular place of employment.
Where a joiner works away from their regular place of
employment, a deduction specified in Item 10 of Part B, Table 3 shall be made
from the allowance rate so specified for each day so worked.
4.12 Registration
Allowance - 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 the
allowance rate specified in Item 11 of Part B, Table 3. This allowance shall be paid for all purposes
of the award with the exception of Clause 9, Overtime, and Clause 10, Shift
Work of this award. In this case it
shall be paid as a flat rate for all hours worked.
4.13 Marking
Off/Setting Out - A building tradesperson mainly employed marking and/or setting
out work for other employees shall be paid the allowance rate specified in Item
12 of Part B, Table 3.
4.14 Cold Places -
Employees working in places where the temperature is reduced by artificial
means to less than 0 degrees Celsius shall be paid the allowance rate specified
in Item 13 of Part B, Table 3. Where such work continues for more than two
hours, employees shall be entitled to twenty minutes rest after every two hours
work without loss of pay.
4.15 Confined Spaces
- Employees required to work in a confined space shall be paid the allowance
rate specified in Item 14 of Part B, Table 3.
Confined space means a place the dimensions or nature of which
necessitate working in a cramped position or without sufficient ventilation.
4.16 Dirty Work -
4.16.1 Work which is
considered by both a supervisor and worker to be of a dirty or offensive nature
by comparison with the work normally encountered in the trade concerned, and
for which no other special rates are prescribed, shall be paid for by the allowance
rate specified in Item 15 of Part B, Table 3.
In the case of disagreement between the supervisor and
worker the latter shall be entitled within twelve hours to ask for a decision
on their claim by the employer, their industrial officer, manager, superintendent
or engineer. A decision shall be given
on the worker's claim within twenty-four hours of its being asked for (unless
the time expires on a non-working day, in which case it shall be given on the
next working day) or else the said rate shall be paid. In any case where the union is dissatisfied
with the decision of the employer, their industrial officer, manager or
engineer, it shall have the right to bring such case before the Industrial
Commission of New South Wales.
4.16.2 In addition to the
minimum rates of pay specified by this award, a bridge and wharf carpenter
shall receive an allowance as specified in Item 15 of Part B, Table 3 when
working in the following circumstances:
(a) when using
creosote, tar, bitumen, wood preservative or any other material or liquid that
is damaging to clothes or unduly objectionable to the employee or damaging to
their tools; and
(b) when working
with materials which have been treated with any of the said substances in such
a way as to pollute the clothes or the person of the employee or damage their
tools.
4.16.3 Oil or other
suitable solvents shall be provided by the employer free of charge to bridge
and wharf carpenters to remove tar, bitumen, creosote or similar preparations
from their persons.
4.16.4 In addition to
the minimum rates of pay provided by this award, a special hourly allowance set
out at Item 15 of Part B, Table 3 is available to a bridge and wharf carpenter
in the following circumstances. The
allowance is payable where the employee is working in such dirty or dusty
conditions that they incur damage to their clothing or injuries to their
person. This may include work on, or
engagement in, construction, repair, demolition or renovation of coal hoppers
or bins, or metal hoppers or bins, or on the repair, demolition or renovation
of wharves or gantries, bridges, piers, towers or flying-foxes, jetties,
dolphins or works of a like nature.
4.16.5 In the event of
any dispute arising as to whether any work is of a character entitling a bridge
and wharf carpenter to a special payment in terms of subparagraphs 4.16.2 and
4.16.4 of this clause, the matter may be referred to the Industrial Relations
Commission of New South Wales. A
decision in respect of any claim shall be made by the employer or their
engineer within forty-eight hours of the claim being made.
4.16.6 A Shipwright
Boat builder who is:
(a) stripping,
caulking, tarring and sheathing on old work below the waterline;
(b) doing work in
connection with coal bunkers and holds in which coal has been carried and dirty
steering gear;
(c) doing work in
connection with wooden ceilings in hatches, sheathing in holds, replacing
timber on ceilings and sheathing in connection therewith (old work only);
(d) doing work
where laykold, risqué steel, never reust, adfast, wetted lead, on azote or any
similar materials are used by shipwrights;
(e) doing work
with a portable sanding machine when an adequate dust catcher is not fitted to
such machine;
(f) doing work in
places where bulk sugar, scrap iron, hides and cement have been carried;
(g) doing work
which is rendered unusually dirty by the presence of coal (other than Indian
and South African);
shall receive a special hourly rate as set out at Item
15 of Table 3 whilst so employed in addition to the minimum rates of pay
provided by this award.
4.17 Height Money:-
Employees, working at a height of 7.5 metres from the ground, deck, floor or
water shall be paid the allowance rates specified in Item 16 of Part B, Table
3. Height shall be calculated from
where it is necessary for the employee to place his/her hands or tools in order
to carry out the work to such ground, deck, floor or water. For the purpose of this subclause, deck or
floor means a substantial structure that, even though temporary, is sufficient
to protect an employee from falling any further distance. Water level means in tidal waters mean water
level. This subclause shall not apply
to employees working on a suitable scaffold erected in accordance with the Occupational
Health & Safety Act 2000.
4.18 Hot Places:-
Employees working in the shade in places where the temperature is raised by
artificial means to between 46 degrees and 54 degrees Celsius shall be paid the
allowance rate specified in Item 17 of Part B, Table 3. In places where the temperature exceeds 54
degrees Celsius such employees shall be paid the allowance rate specified in
Part B, Table 3.
Where work continues for more than two hours in
temperatures exceeding 54 degrees Celsius, employees shall also be entitled to
twenty minutes' rest after every two hours work without deduction of pay. The work supervisor will decide as to the
temperature level, after consultation with the employees who claim the extra
rate.
4.19 Insulation
Material:- An employee handling charcoal, pumice, granulated cork, silicate of
cotton, insulwool, slag wool or other recognised insulating material of a like
nature, shall be paid the allowance rate specified in Item 18 of Part B, Table
3. This rate shall also apply to
employees working in such close proximity so as to be affected by the
insulating material.
4.20 Smoke-boxes,
etc:- Employees working on repairs to smoke-boxes, furnace or flues of boilers
shall be paid an additional hourly allowance. An employee engaged on repairs to
oil fired boilers, including the casings, uptakes and funnels, or flues and
smoke stacks, shall, while working inside such boiler, be paid entitled to an
allowance. The rates for both
allowances are specified in Item 19 of Part B, Table 3.
4.21 Wet Places:-
4.21.1
(a) An employee
working in any place where water is continually dripping on the employee, or
where there is water underfoot so that clothing and boots become wet, shall be
paid the allowance rate specified in Item 20 of Part B, Table 3. This extra rate is not payable where an
employee is provided with suitable and effective protective clothing and/or
footwear. An employee who becomes
entitled to this extra rate shall be paid at that rate for any part of the day
or shift that they are required to work in wet clothing or wet boots.
(b) Where a plumber
is required to work in the rain he shall be paid the allowance rate specified
in Item 20 of Part B, Table 3 for time so worked.
4.21.2 An employee who
is called upon to work on a raft or open boat, or on a punt or pontoon having a
freeboard of 305 mm or less shall be entitled to the allowance rate specified
in Item 20 of Part B, Table 3.
4.21.3 An employee
called upon to work knee-deep in mud or water, shall be paid at the rate of the
allowance rate specified in Item 20 of Part B, Table 3. This subclause shall not apply to an
employee who is provided with suitable protective clothing and/or footwear.
4.22 Acid furnaces,
Stills, etc:
4.22.1 A bricklayer
required to work on the construction or repairs to acid furnaces, acid stills,
acid towers and all other acid resisting brickwork, shall be paid the allowance
rate specified in Item 21 of Part B, Table 3.
This additional rate shall be regarded as part of the wage rate for all
purposes of the award.
4.22.2 An employee
engaged on the construction or alteration or repairs to boilers, flues,
furnaces, retorts, kilns, ovens, ladles and similar refractory work shall be
paid the allowance rate specified in Item 21 of Part B, Table 3. This additional rate shall be regarded as
part of the wage rate for all purposes.
4.23 Towers
Allowance:- An employee working on a chimney stack, spire, tower, radio or
television mast or tower, air shaft (other than above ground in a multi-storey building),
cooling tower, water tower or silo over fifteen metres in height shall be paid
the allowance rates specified in Item 22 of Part B, Table 3, for all work above
fifteen metres.
4.24 Depth Money:-
An employee working in tunnels, cylinders, caissons, coffer dams and sewer
work, and in underground shafts exceeding 3 metres in depth shall be paid the
allowance rate specified in Item 23 of Part B, Table 3.
4.25 Swing
Scaffolds:- The allowance rates specified in Item 24 of Part B, Table 3. for
the first four hours or any portion thereof, and for each hour thereafter on
any day shall be made to any persons employed:
(a) on any type of
swing scaffold or any scaffold suspended by rope or cable, bosun's 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.
4.25.1 Solid plasterers
when working off a swing scaffold shall receive an additional hourly payment as
set out in Item 24 of Part B, Table 3.
4.26 Spray
Application:- A painter engaged on all spray applications carried out in other
than a properly constructed booth approved by the Department of Industrial
Relations shall be paid the allowance rate specified in Item 25 of Part B,
Table 3.
4.27 An allowance
shall be paid as specified in Item 26 of Part B, Table 3 for all work, other
than chokages, that is done in connection with lavatories, urinals, soil or
waste pipes where used principally for venereal patients in hospitals or ships. The allowance need not be paid if suitable
gloves and (where necessary) suitable boots are supplied to the employee
concerned for use during such work.
Gloves and boots remain the property of the employer.
4.28 Working Second
hand Timber:- If, while working with second hand timber, a Bridge and Wharf
Carpenter's tools are damaged by nails, dumps or other foreign matter in the
timber, he/she shall be entitled to the allowance rate specified in Item 27 of
Part B, Table 3 for each day upon which his/her tools are so damaged. Payment of the allowance is contingent upon
the damage being reported immediately to the employer's representative on the
job in order that the claim can be proved.
4.29 Roof Work:-
Employees engaged in the fixing or repairing of a roof or any other work in
excess of 12 metres from the nearest floor level shall be paid the allowance
rate specified in Item 28 of Part B, Table 3.
4.30 Electric
Welding - Plumbers:- A plumber engaged on electric welding applicable to
plumbing shall be paid the allowance rate specified in Item 29 of Part B, Table
3 for the time so worked.
Extra Rate Not Cumulative - When more than one of the
above rates provide payment for disabilities of substantially the same nature,
then only the highest of such rates shall be payable.
Rates not subject to Penalty Provisions - The special
rates herein prescribed shall be paid irrespective of the times at which the
work is performed, and shall not be subject to any premium or penalty
conditions.
4.31 Explosive
Powered Tools -
4.31.1 Employees
required to use explosive powered tools shall be paid the allowance rate
specified in Item 30 of Part B, Table 3.
4.31.2 If bridge and
wharf carpenters are required to use power driven tools they shall be paid the
allowance rate specified in Item 30 of Part B.
4.32 Scaffolding
Rigging - An employee who is the holder of a scaffolding or rigging certificate
issued by the Department of Industrial Relations and undertakes work that
requires a person to have such a certificate, shall be paid the allowance rate
specified in Item 31 of Part B, Table 3.
4.33 Corrective
Establishments - An employee of the Department of Public Works & Services
who is required to work in the maximum security sections of the following
Corrective establishments - Cessnock, Goulburn, Lithgow, Mulawa, Parklea,
Special Purpose Centre, Metropolitan Remand & Reception Centre,
Metropolitan Special Programs Centre, Metropolitan Medical Transient
Centre/Long Bay Hospital, Endeavour House and Minda Patterson House) and Bathurst
shall be paid the hourly allowance rate specified in Item 32 of Part B, Table
3.
4.33.1 Mental
Institutions - Employees of the Department of Public Works working in mental
institutions shall be paid the allowance rate specified in Item 32 of Part B,
Table 3 in addition to all other rates payable under this award. This payment
is not applicable to overtime or other penalty rates:
Payment under this subclause shall not be made in
respect of work done in such areas as may be agreed upon between the respective
unions and the Public Employment Office.
4.33.2 Geriatric
Hospitals - Employees working or required to work in the following geriatric
hospitals: namely, Allandale, Garrawarra and Strickland, shall be paid an
allowance as set out in Item 32 of Part B, Table 3. Those working or required to work at Lidcombe Hospital shall be
paid the allowance rate specified in Item 32 of Part B, Table 3 in addition to
all other rates payable under this Award. This payment is not applicable to
overtime or other penalty rates:
4.33.3
(a) A Plumber who
shall be required to work in hot and/or cold water tanks for the purpose of the
control of Legionella Pneumophilia shall be required to use and wear the
appropriate respiratory equipment and safety clothing as directed by the
Department of Health. They will be paid
the allowance rate specified in Item 32 of Part B, Table 3 per hour or part
thereof while undertaking such work.
The allowance prescribed by this subclause shall be in
lieu of the special rates prescribed in subclauses 4.14 Cold Places, 4.15
Confined Spaces, 4.18 Hot Places and 4.21 Wet Places of this clause.
(b) An employee who
is required to assist a plumber in the performance of work described in (a)
above shall not be entitled to the allowance as so prescribed but shall be
entitled to any other special rates prescribed under Clause 4, Allowances if
applicable.
4.34 Distant Places
-
4.34.1 All employees
working in districts west and north of and excluding:
(i) State Highway
No. 17 from Tocumwal to Gilgandra
(ii) State Highway
No. 11 from Gilgandra to Tamworth
(iii) Trunk Road
No. 63 to Yetman and State Highway No. to Boggabilla up to the Western Division
boundary and excluding the municipalities through which the road passes.
shall be paid the allowance rate specified in Item 33
of Part B, Table 3.
4.34.2 All employees
working the in Western Division of the State shall be paid the allowance rate
specified in Item 33 of Part B, Table 3.
4.34.3 All employees
working within the area bounded by and inclusive of:
(i) Snowy River
from the New South Wales border to Dalgety, then by road directly from Dalgety
to Berridale
(ii) on the Snowy
Mountain Highway at Adaminaby to Blowering
(iii) from
Blowering southwest to Welaregang and on the Murray River
(iv) in a
south-easterly direction along the New South Wales border to the point of commencement.
shall be paid the allowance rate specified in Item 33
of Part B, Table 3 extra per day or part thereof.
4.34.4 Bridge and Road
Construction:- Employees engaged on road and bridge construction and repair
within the area bounded by and inclusive of
(i) Queensland
border on the north
(ii) State Highway
No. 9 from Tenterfield to Bendemeer on the west
(iii) State Highway
No. 11 from Bendemeer to Port Macquarie on the south
(iv) the coastline
from Port Macquarie to Tweed Heads on the east.
shall be paid the allowance rate specified in Item 34
of Part B, Table 3 per day extra.
4.35 Morgues - An employee
required to work in a morgue shall be paid the allowance rate specified in Item
35 of Part B, Table 3 per hour whilst so employed.
4.36 Applying
Obnoxious Substances -
4.36.1 An employee
engaged in either the preparation and/or the application of epoxy based
materials or materials of a like nature shall be paid the allowance rate
specified in Item 36 of Part B, Table 3.
4.36.2 In addition,
employees applying such material in buildings which are normally air
conditioned shall be paid the allowance rate specified in Item 36 of Part B,
Table 3.
4.36.3 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.
In addition, protective clothing shall be supplied where recommended by the NSW
Department of Health.
4.36.4 Employees
working in close proximity to employees so engaged shall be paid the allowance
rate specified in Item 36 of Part B, Table 3.
4.36.5 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.
4.37 Bricklayers
laying other than Standard Bricks - Bricklayers employed laying blocks (other than concrete blocks
for plugging purposes) shall be paid the allowance rates specified in Item 37
of Part B, Table 3 in relation to the weight of the blocks.
(a) Where the
block weighs over 5.5 kg and under 9 kg.
(b) Where the
block weighs 9 kg or over and up to 18 kg.
(c) Where the
block weighs over 18 kg.
4.37.1 An employee
shall not be required to lift a building block in excess of 20 kg in weight
unless provided with a mechanical aid or an assistant. 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.
4.37.2 This subclause
shall not apply to employees being paid the extra rate for refractory work.
4.38 Bagging - Employees
engaged upon bagging bricks or concrete structures shall be paid the allowance
rate specified in Item 38 of Part B, Table 3.
4.39 Cleaning down
Brickwork - A bricklayer required to clean down bricks using acids or other
corrosive substances shall be paid the allowance rate specified in Item 39 of
Part B, Table 3. Employees will be supplied with gloves by the employer when
undertaking such work.
4.40 Asbestos -
Employees required to work with 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. Where it is mandatory
to wear protective equipment the employees shall be paid the allowance rate
specified in Item 40 of Part B, Table 3 whilst engaged on such work.
4.41 Pneumatic Tool
Operation - A stonemason in New South Wales using pneumatic tools of 2.75
kilograms or over in weight shall be paid the allowance rate specified in Item
42 of Part B, Table 3 each day on which he uses such a tool.
4.42 Brick Cutting
Machine - One bricklayer on each site to operate the cutting machine and to be
paid the allowance rate specified in Item 43 of Part B, Table 3 per hour or
part thereof while so engaged.
4.43 Asbestos
Eradication -
This subclause shall apply to employees engaged in the
process of asbestos eradication on the performance of work within the scope of
this award.
Asbestos eradication is defined as work on or about
building, involving the removal or any other method of neutralisation of any
materials that consist of, or contain asbestos.
All aspects of asbestos eradication work shall be
conducted in accordance with the Occupational Health and Safety Act 2000
concerning construction work involving asbestos and asbestos cement.
In addition to the rates prescribed in this Award an
employee engaged in asbestos eradication (as defined) shall receive the
allowance rate specified in Item 44 of Part B, Table 3. This is in lieu of special rates as
prescribed in Clause 4 Allowances, with the exception of subclauses 4.14 cold
places; 4.18 hot places; 4.25 swing scaffold; 4.26 spray application and 4.28
working second hand timber.
Other Conditions -
The conditions of employment rates and allowances,
except so far as they are otherwise specified in this subclause shall be the
conditions of employment, rates and allowances of the award as varied from time
to time.
4.44 Animal Houses -
An employee who is required to work in an Animal House shall
be paid an additional hourly allowance as set out in Item 45 of Part B Table 3
whilst so employed.
4.45 Coal Wash:
Employees of the Roads and Traffic Authority involved in road construction work
in the Illawarra region working in areas where coal wash is being unloaded,
handled or spread shall be paid an hourly allowance as set out in Item 46 of
Part B Table 3. The Illawarra region is
defined to represent the area serviced from the Bellambi Works Office
5. Tool Allowance
In addition to the rate of pay as prescribed in Part B,
Table 1 - Rate of Pay an employee of a classification specified in Item 1 of
Part B, Table 2 clause 6 Tool Allowances shall be paid a tool allowance as
prescribed in that table. The tool
allowance is applicable to both skilled tradespeople and apprentices and is to
form part of the ordinary pay for all purposes.
6. Leading Hands
Leading hands shall be shall be paid allowances prescribed
in Part B Table 3 - Allowances as follows:
6.1 Employees
appointed to be in charge of up to and including five employees as per Item 47
of Part B, Table 3.
6.2 Employees
appointed to be in charge of more than five and up to and including ten
employees as per Item 48 of Part B, Table 3.
6.3 Employees
appointed to be in charge of more than ten employees as per Item 49 of Part B,
Table 3.
7. Mixed Functions
Where an employee is engaged for more than two hours daily
or per shift on higher duties, including duties entitling them to a leading
hand allowance, they shall be entitled to a higher duties allowance or rate
allowance for the whole of such day or shift.
If the higher duties are undertaken for two hours or less
during one day, payment at the higher rate shall apply only to hours
worked. If an employee is required to
act as leading hand at the commencement of a day or shift, they shall be paid
the appropriate allowance for the whole of such day or shift.
8. Excess Fares and
Travelling Time
8.1 An allowance
specified in Item 50 of Part B, Table 3 shall be paid by employers to employees
to compensate for excess fares and travelling time to and from places of work:
8.1.1 the above
stated allowance shall not be payable if the employer provides or offers to
provide transport free of charge to the employees in which case the allowance rate
specified in Item 51 of Part B, Table 3 shall be paid.
8.1.2 An employee is
still entitled to the allowance, subject to the foregoing provisions if instead
of using public transport they have used other means of travel or walked to
their places of work.
8.1.3 Entitlement to
an allowance under the provisions of this subclause applies only when
tradespeople work away from their regular place of employment.
8.2 Allowances
specified in Item 52 of Part B, Table 3 clause shall be paid to first year
apprentices (or probationers) and to 2nd, 3rd, 4th and 5th year apprentices to
compensate for excess fares and travelling to and from work.
8.2.1 The above
stated allowance shall not be payable if the employing Authority provides or
offers to provide transport free of charge to the apprentices in which case the
allowance rates specified in Item 53 of Part B, Table 3 shall be paid.
8.2.2 An apprentice
is still entitled to the allowance, subject to the foregoing provisions if
instead of using public transport they use other means of travel or walk to
their places of work.
The provisions of this subclause apply to an apprentice
only when working away from his/her regular place of employment and/or
workshop.
8.3 An employee
who is required by their employer to work at a job away from their accustomed
workshop shall report for work at the job at their usual starting time. For
each day spent on such work, employees will be entitled to an allowance as set
out in Item 50 of Part B Table 3 and at Item 52 for apprentices. Where the
travel time and fares are in excess of those normally incurred in travelling to
their customary workshop, they shall be paid an allowance for the excess travel
time and fares as set out in Item Part B Table 3.
If the employee receives approval from their employer
to use their own means of transport to and from outside jobs, they are entitled
to payment of excess fares based on public transport rates, unless they have an
arrangement with their employer for a regular allowance.
8.4 If an employee
is sent during working hours to undertake work at one or more different sites
to their usual workplace, the employer shall, in addition to the amount they
are liable to pay under subclauses 8.1 and/or 8.2 of this clause, pay all
travelling time and fares incurred,
8.5 Electricians
and/or electrical apprentices shall be paid in accordance with the fares and
travelling allowances prescribed from time to time, by the Electricians,
&c. (State) Award published 29 June 2001 (325 I.G. 808), as varied.
8.6 Except as
provided by subclause 8.4 of this clause, this clause shall not apply to
employees of the Roads and Traffic Authority or the Department of Land and
Water Conservation. Employees of these
organisations shall be paid the rates in respect of fares and travelling time
as provided by the General Construction and Maintenance, Civil and Mechanical
Engineering &c. (State) Award public sector rates within the (Crown
Employees Wages Staff (Rates of Pay) Award.
9. Overtime
9.1 Overtime shall
be payable for all time worked outside the ordinary hours prescribed in clause
2 for any one day, including accrued time.
The rates of pay shall be time and a half for the first two hours and
double time thereafter, such double time to continue until the completion of the
overtime work.
Except as provided in this subclause or subclause 9.2
of this clause, in computing overtime each day's work shall stand alone.
9.2 Rest Period
after Overtime: Following completion of
overtime, an employee shall either;
(a) Be released
from resuming ordinary duty for a period of 10 consecutive hours. This number of hours does not include time
spent travelling: or,
(b) If required to
resume or continue working without having had a break of ten (10) consecutive
hours, excluding travel, shall be paid at the rate of double time until such a
break is given. This break shall be granted without loss of pay for ordinary
working time occurring during such absence.
(c) In the case of
shift workers, the provisions of this subclause shall apply as if eight hours
were substituted for ten hours when overtime is worked:-
9.2.1 for the purpose
of changing shift rosters; or
9.2.2 where a shift
worker does not report for duty and a day worker or a shift worker is required
to replace such shift worker; or
9.2.3 where a shift is
worked by arrangement between the employees themselves.
9.3 Call Back:
9.3.1 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 four hours' work at the appropriate rate for each time recalled. In
the case of unforeseen circumstances arising, the employee shall not be
required to work the full four hours if the job he/she was recalled to perform
is completed within a shorter period. This subclause does not apply:
(a) 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
(b) where the
overtime is continuous (subject to a reasonable meal break) with the completion
or commencement of ordinary working time.
9.3.2 Overtime worked
in the circumstances specified in this subclause shall not be regarded as
overtime for the purposes of subclause 9.2 of this clause, where the actual
time worked is less than three hours on such recall or on each of such recalls.
9.3.3 If an employee
is required to work in excess of four hours, he/she shall be paid a meal
allowance specified in Item 54 of Part B, Table 3 for each subsequent
meal. The employee will be allowed a
crib time of 20 minutes without deduction of pay at the end of each four hours'
work, provided work is to continue after the said period of four hours.
9.4 Saturday Work
- Five Day Week:
A day worker on a five day week who is required to work
on a Saturday shall be paid for not less than four hours' work, except where
such overtime is continuous with overtime commenced the previous day. All work
performed in the afternoon shall be paid for at double time rates. Tea Breaks shall be allowed in accordance
with subclause 2.2 of clause 2, Hours - Day Workers, of this Award.
9.5 Standing By:
An employee required to hold themself in readiness to
work after ordinary hours shall, until released, be paid standing-by time at
ordinary rates from the time he/she is advised of the requirement to stand by.
This is subject to any custom now prevailing under which an employee is
required regularly to hold themself in readiness for a call back,
9.6 Meal Hours -
General:
Except as provided in subclause 9.7 of this clause,
work done during meal hours thereafter until a meal-hour break is allowed shall
be paid for at double time rates. An
employee shall not be compelled to work for more than six hours without a break
for a meal.
9.7 Meal Hours -
Maintenance Employees, Concrete Pours etc.
9.7.1 Where
breakdowns of plant occur or routine maintenance of plant can only be done
while such plant is idle, an employee employed as a regular maintenance person
shall, whenever instructed to do so, work during meal breaks at the ordinary
rates prescribed herein. This shall be
subject to the provisions of subclause 9.6 of this clause.
9.7.2 Where, for
special reasons, it is necessary to alter the time of the recognised meal hours
for the purpose of finishing the pouring of concrete, hot mix, etc. or where
work is affected by tides, the employer may alter the lunch break either
forward or backward by one hour.
9.8 Tea Money:
An employee required to work overtime for one and a
half hours or more without being notified on the previous day or earlier of
such requirement shall be supplied with a meal by the employer or paid the
allowance rate specified in Item 55 of Part B, Table 3. After the completion of each four hours on
continuous overtime the employee shall be paid the allowance rate specified in
Item 54 of Part B, Table 3 for each subsequent meal in addition to his/her
overtime payment. Such payment need not
be made to employees living in the same locality as their place of work who can
reasonably return home for meals.
9.9 Transport of
Employees:
An employer shall provide transport for an employee who
finishes overtime work or a shift not part of their regular roster, at a time
when reasonable means of transport are not available. If transport is not provided the employee shall be paid at their
current rate for the time reasonably occupied in reaching their home. This subclause shall not apply to an
employee who uses their own vehicle to travel to and from their place of work).
9.10 Compulsory
Overtime:
An employer may direct any employee to work reasonable
overtime at overtime rates provided it is reasonable for the employee to be
required to do so. An employee may refuse
to work overtime in circumstances where the working of such overtime would
result in the employee working unreasonable hours. In determining what is unreasonable, the following factors shall
be taken into account:
(a) the employee’s
prior commitments outside the workplace, particularly the employee’s family and
carer responsibilities, community obligations or study arrangements,
(b) any risk to
employee’s health and safety,
(c) the urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the organisation and the effect on client services,
(d) the notice (if
any) given by the employer regarding the working of the overtime, and by the
employee of their intention to refuse overtime, or
(e) any other
relevant matter.
9.11 Cribs:
9.11.1 An employee who
is required to work overtime for two hours or more after the normal ceasing
time shall be allowed, at the expiration of the said two hours, 30 minutes for
a meal or crib and thereafter a similar time allowance after every four hours
of overtime worked. Time for meals or
crib through overtime periods shall be allowed without loss of pay, provided
that overtime work continues after such break.
For the purposes of this paragraph "normal ceasing time" is at
the end of ordinary hours inclusive of time worked for accrual purposes as
prescribed in Clause 2, Hours, Day Workers and Clause 10, Shift Work, of this
award.
9.11.2 Where overtime
is worked on a Saturday, if work continues after 12 noon, a break for a meal of
30 minutes shall be allowed between 12 noon and 1 pm without loss of pay.
9.12 Limitation of
Overtime:
No employee, including a night shift worker, shall work
for more than 16 hours' overtime in any week excepting in the case of extreme
urgency such as urgent repairs or delay causing unemployment.
9.13 Availability
Allowance - Roads and Traffic Authority (RAT)
9.13.1 Notwithstanding
the provisions of subclause 9.5 of this clause, an electrical tradesperson
employed by the RAT who is rostered to be available in connection with
emergency repairs to toll collection equipment shall be paid a daily
availability allowance of three hours at ordinary rates of pay for each week
night (Monday to Friday) (excluding public holidays) the employee is available
between normal ceasing time and commencing time on each day.
9.13.2 An employee
rostered to be available in connection with emergency repairs to toll
collection equipment on a Saturday, Sunday and Public Holidays from 6.00 am
Saturday to 6.00 am Sunday and 6.00 am Sunday to 6.00 am Monday and the same
hours on a Public Holiday shall be paid 7.6 hours pay at ordinary rates for
each twenty-four hours he is actually available.
9.13.3 The allowance set
out in subclauses 9.13.1 and 9.13.2 of this subclause, shall be in compensation
for the employee being available for the periods between normal ceasing time
and normal commencing time during week days and for being available for
twenty-four hours on each Saturday, Sunday or Public Holidays, to answer
emergency calls from the toll collection centres.
9.13.4 Any overtime
worked on a call-out during the time covered by the rostered period shall be
paid for in accordance with subclause 9.3 of this clause.
10. Shift Work
PART A
OTHER THAN
CONSTRUCTION WORK
(a) Definitions
10.1 For the purpose
of this clause
10.1.1 "Afternoon
Shift" means any shift finishing after 6 pm and at or before midnight.
10.1.2 "Continuous
Work" means work carried on with consecutive shifts of employees
throughout the twenty-four hours of each of at least six consecutive days
without interruption, except during breakdowns or meal breaks or due to
unavoidable causes beyond the control of the employer.
10.1.3 "Night
Shift" means any shift finishing subsequent to midnight and at or before 8
am.
10.1.4 "Rostered
Shift", means a shift of which the employee concerned has had at least
forty-eight hours' notice.
(b) Hours -
General
10.2 Employees on
shift work shall accrue 0.4 of an hour for each eight hour shift worked to
allow one complete shift to be taken off as a paid shift for every 20 shift
cycle. This 20th shift shall be paid
for at the appropriate shift rate as prescribed by this clause.
10.3 Paid leave taken
during any cycle of four weeks and public holidays as prescribed by Clause 11,
Holidays and Sunday Work, of this award shall be regarded as shifts worked for
accrual purposes.
10.4 Except as
provided above, employees not working a complete four week cycle shall be paid
accrued pro-rate accrued entitlements for each shift worked on the programmed
shift off, or in the case of termination of employment on termination.
10.5 The employer
and employees shall agree in writing upon arrangements for rostered paid days
off during the 20 day cycle or for accumulation of accrued days to be taken at
or before the end of the particular contract.
This accumulation shall be limited to no more than 5 days before they
are taken as paid days off. When taken,
the days shall be regarded as days worked for accrual purposes in the
particular 20 shift cycle.
10.6 Where an
employer, for emergency reasons requires an employee to work on his/her
rostered day off, the terms and conditions prescribed in Clause 2 Hours - Day
Workers, of this award shall apply.
Hours
(a) Continuous
Work Shifts And
(b) Other Than
Continuous Work Shifts
Hours - Continuous Work Shifts
10.7 This subclause
shall apply to shift workers on continuous work as hereinbefore defined.
10.7.1 The ordinary
hours of such shift workers shall not exceed -
(a) eight in any
one day; nor
(b) forty-eight in
any one week; nor
(c) eighty-eight
in fourteen consecutive days; nor
(d) one hundred
and fifty two in twenty-eight consecutive days.
10.7.2 Subject to the
following conditions such shift workers shall work at such times as the
employer may require:
a shift shall consist of not more than eight hours,
inclusive of crib time;
Hours - Other than Continuous Work
10.8 This subclause
shall apply to shift workers not upon continuous work as hereinbefore defined.
The ordinary hours of such shift workers shall not exceed -
10.8.1 forty in any week
to be worked in five shifts of eight hours on Monday to Friday, inclusive; or
10.8.2 eighty in
fourteen consecutive days in which case an employee shall not, without payment
for overtime, be required to work more than eight consecutive hours on any
shift or more than six shifts in any week;
10.8.3 one hundred and
twenty-one consecutive days in which case an employee shall not, without
payment of overtime, be required to work more than eight consecutive hours on
any shift or more than six shifts in any week.
Such ordinary hours shall be worked continuously except
for meal breaks at the discretion of the employer. An employee shall not be
required to work for more than six hours without a break for a meal.
10.8.4 Rosters
Shift rosters shall specify the commencing and
finishing times of ordinary working hours of the respective shifts.
10.8.5 Variation 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.
Determined commencing and finishing times of shifts may
be varied by agreement between the employer and the accredited representative
of the Union to suit the circumstances of the establishment. In the absence of agreement, variation can
occur by the employer giving seven days' notice of alteration to the employee.
10.8.6 Afternoon or
Night Shift Allowances
Shift workers whilst on afternoon or night shifts shall
be paid 15 per centum more than the ordinary rate for such shifts.
Shift workers who work on any afternoon or night shift which
does not continue for at least five successive afternoons or nights shall be
paid at the rate of time and a half for the first three hours and double time
thereafter.
An employee who -
(i) during a
period of engagement on shifts, works night shift only; or
(ii) remains on
night shift for a longer period than four consecutive weeks; or
(iii) works on a
night shift which does not rotate or alternate with another shift or with day
work so as to give them at least one-third of their working time off night
shift in each shift cycle;
shall during such engagement, period or cycle be paid
30 per centum more than their ordinary rate for all time worked ordinary
working hours on such night shifts.
10.8.7 Saturdays
The minimum rate to be paid to any 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 the first and second
paragraphs of subclause 10.8.6 of this clause.
10.8.8 Overtime
An employer may require any employee to work reasonable
overtime at overtime rates and such employee shall work in accordance with such
requirement.
10.8.9 Sundays and
Holidays
(i) Shift workers
on continuous shifts for work on a rostered shift the major portion of which is
performed on a Sunday shall be paid at the rate of time and three
quarters. Shift workers on continuous
shifts for work on a rostered shift the major portion of which is performed on
a public holiday shall be paid at the rate of double time and one half.
(ii) Shift workers
on other than continuous work for all time worked on a Sunday or holiday shall
be paid at the rates prescribed by clause 11, Holidays and Sunday Work, of this
award. Where shifts commence between 11
pm and midnight on a Sunday or a holiday the time so worked before midnight
shall not entitle the employee to the Sunday or holiday rate. The time worked by an employee on a shift
commencing before midnight on a Saturday or preceding a holiday and extending
into a Sunday or holiday shall be regarded as time worked on such Sunday or
holiday.
Where the major portion of shifts fall partly on a
holiday, that shift shall be regarded as the holiday shift.
10.8.10 Seven
Day Shift Workers - A seven day or continuous shift worker is a shift worker
who is rostered to work regularly on Sundays and holidays. When their rostered day off falls on a
public holiday prescribed by this clause, they shall, at the discretion of the
employer, be paid for that day at the ordinary rate or have an additional day
added to their annual leave. This
subclause shall not apply when the holiday on which they are rostered off falls
on a Saturday or Sunday.
PART B
CONSTRUCTION WORK
10.9 Notwithstanding
the foregoing provisions of this clause, the terms and conditions prescribed by
the General Construction and Maintenance Civil and Mechanical Engineering
&c. (State) Award may apply in lieu for employees carrying out shift work
in the following circumstances:
(a) whenever it
maybe found necessary in the erection, alteration, renovation or demolition of
buildings or on work in connection with the construction
(b) and/or
maintenance of water supply and sewerage works, roads, bridges, water conservation
and irrigation works or harbour and reclamation and irrigation works to work
wholly by night or in a two or three shift system.
10.10 An employee
employed for less than five continuous shifts in any working week shall be paid
in accordance with clause 9. Overtime,
of this award. Where an employee is
employed on night shift for more than one week continuously and the job
finishes mid-week, the employer may terminate the engagement. In this instance the employee will be paid
the current shift rate for time actually worked. In cases where due to the
action of the employee, less than a full week is worked, the employee is paid
for the actual time worked at ordinary night shift rates.
11. Holidays and
Sunday Work
11.1 Employees shall
be entitled to the following public holidays without loss of pay: New Year's Day, Australia Day, Good Friday,
Easter Saturday, Easter Monday, Queen's Birthday, Labour Day, Anzac Day,
Christmas Day, Boxing Day, and all other gazetted holidays proclaimed to
operate throughout the State.
11.2 Except as
provided in subclause 10.8.9, Sundays and Holidays of Part A - Other than
Construction Work, of Clause 10, Shift Work, of this award, an employee not
engaged on continuous work shall be paid at the rate of double time for work
done on Sundays, such double time to continue until he is relieved from duty,
and double time and one half for work done on public holidays, such double time
and one half to continue until he is relieved from duty.
11.3 An employee not
engaged on continuous work who works on a Sunday or a public holiday and
(except for meal breaks) immediately thereafter continues such work, shall on
being relieved from duty be entitled to be absent until he has had ten
consecutive hours off duty. The 10 hour
break shall be without deduction of pay for ordinary time of duty occurring
during such absence.
11.4 An employee,
other than on shift, who attends for work as required on a Sunday or public
holiday shall be paid for not less than four hours' work.
11.5 Where an employee
is absent from their employment on the working day before or the working day
after a public holiday without reasonable excuse or without the consent of the
employer, they shall not be entitled to payment for such holiday.
Where public holidays fall on successive days an
employee shall be entitled to payment for the holiday closest to the said day
if they have worked on either the day preceding or the day after such holiday
but not on both. No payment shall be
made if the employee has ceased work without permission on either of the said
days.
11.6 Where an
employee, other than a shift worker, is required to work after 12 noon on a
Sunday or holiday, the employee shall be allowed a meal break of 30 minutes
between 12 noon and 1 pm for a crib without loss of pay.
11.7 The provisions
of Clause 2, Hours - Day Workers, of this award shall apply to employees
working on Sundays and Holidays.
11.8 Where an
additional or substitute public holiday is proclaimed by Order in Council or
otherwise gazetted by authority of the Australian or a State Government under
any Act throughout any State or part thereof, such day shall, within the
defined locality, be deemed to be a holiday for the purposes of this Award. An employee shall not be entitled to the
benefit of more than one holiday upon such occasion.
12. Payment of Wages
12.1 Wages shall be
paid fortnightly. For the purpose of any increase to the wages, the wages shall
be made up on a weekly basis.
12.2 Wages shall be
paid into a bank or other account, except in isolated areas where payment will
be made by cheque.
12.3 The employer
shall not keep more than 3 days pay in hand.
12.4 Upon
termination of the employment wages shall be paid according to the usual method
no later than the next working day.
Where an employee is summarily dismissed, as provided for in Clause 13,
Contract of Employment of this award, the employer shall make payment according
to the usual method, within 48 hours of dismissal.
13. Contract of
Employment
13.1 Weekly
Employment
Except as hereinafter provided, employment shall be by
the week.
13.2 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 wages as the case may
be. This shall not affect the right of
the employer to dismiss any employee without notice for malingering,
inefficiency, neglect of duty or misconduct.
In such cases wages shall be paid only up to the time of dismissal.
13.3 Payment shall
be deducted for any day the employee cannot be usefully employed because of any
strike or through any breakdown in machinery or any stoppage of work by any
cause for which the employer cannot reasonably be held responsible. This is not including time lost for wet weather. Where an employee has given or been given
notice in line with subclause 13.2, employment is continued until the date of
the expiration of such notice, except by agreement between the parties.
An employee who has given or been given notice in line with
subclause 13.2, must provide a reasonable explanation for any absences during
the period of notice. Proof of the
reason for such absence must be able to be provided by the employee. If no proof is provided, the employee shall
be deemed to have abandoned their employment, and shall not be entitled to
payment for work done within the period of notice.
13.4 An employee
(other than an employee who has given or received notice in accordance with
subclause 13.2, of this clause) not attending for duty shall, except as
provided by clause 11, Holidays and Sunday Work, of this award, shall receive
no payment for the actual time of such non-attendance.
13.5 During the
first week of employment, an employee's services may be terminated by the
giving of one hour's notice on either side.
13.6 Late Comers:
Notwithstanding anything elsewhere contained in this award, employees who
report for duty after their appointed starting time or stop work before their
appointed finishing time may have their wages adjusted by a fraction or decimal
proportion of an hour (not exceeding a quarter of an hour). This subclause does not apply where an
employee has a legitimate reason for coming late or leaving early and promptly
advises the employer of such.
An employer who adopts a proportion for the aforesaid
purposes shall apply the same proportion for the calculation of overtime.
13A. School Based
Apprentices
(a) Definition
A school based apprentice is an employee who is
undertaking an apprenticeship under a training contract while also enrolled in
the Higher School Certificate.
(b) Wages
(i) 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.
(ii) For the
purposes of subclause (b)(i) 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.
(iii) The wages
paid for training time may be averaged over the school term or year.
(iv) 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.
(c) Progression
through the Wage Structure
(i) School based
apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice.
(ii) The rates of pay
are based on a standard apprenticeship of four years. The rate of progression
reflects the average rate of skill acquisition expected from the typical
combination of work and training for a school based apprentice undertaking the
applicable apprenticeship.
(d) Conversion
from a school based apprentice 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.
(e) Conditions of
Employment
Except as provided by this clause, school based
apprentices are entitled to pro rata entitlements of all other conditions of
employment contained in this Award.
14. Distant Work
14.1 Distant work is
defined as work that requires employees to live away from their usual place of
residence. An applicant for a position
involving distant work shall provide the employer with a statement in writing
of their usual place of residence. If
the employee, whilst employed on distant work changes their usual place of
residence one or more times, determination of whether the work can still be
defined as distant work is based on the location of the new place of
residence. The employee must inform the
employer in writing of any change to their usual place of residence.
This clause will not apply to an employee who, after
four weeks employment is appointed to work as a regular employee at a permanent
workshop, while they are employed at such a workshop.
14.2 An employee who
is engaged on distant work shall be transported, with tools, to and from the
work location once per day at the employer’s expense. If the employee is called back to the work site after finishing
their daily duties, they again shall be transported to and fro at the
employer’s expense for each occurrence.
14.3 Return fares
and travelling time need not be paid to an employee who:
(a) leaves their
employment of their own free will; or
(b) is discharged
for misconduct
before completion of three months employment or before
the job is completed, whichever occurs first; or is discharged for incompetence
within one week of engagement.
14.4 Time occupied
in travelling to and from distant work shall be paid for at ordinary
rates. No employee shall be paid more
than an ordinary day’s wages for any day spent in travelling unless they are on
the same day occupied in working for an employer. An allowance to cover any expenses incurred in reaching home and
for transporting tools is set out in Item 56 of Part B, Table 3.
14.5
14.5.1 On distant work
reasonable board and lodging shall be provided by the employer or a weekly (7
day) allowance as set out in Item 57 of Part B, Table 3. This allowance shall not be wages. In the case of broken parts of the week
occurring at the beginning or the ending of the employment on a distant job,
the allowance per day shall be as set out in Item 57 of Part B, Table 3.
14.5.2 The foregoing
allowances may be increased if an employee can satisfy an employer that they
reasonably incurred greater expenses than those covered by such
allowances. In the event of
disagreement, the Dispute Resolution procedures contained in clause 28 of the
reviewed award should be utilised. This
does not preclude the matter being referred to the Industrial Relations
Commission of New South Wales.
14.5.3 Reasonable board
and lodging shall mean lodging in a well-kept establishment with adequate
furnishing, good bedding and floor coverings, good lighting and heating with
hot and cold running water, in either a single room or twin room if a single
room is not available.
14.6 Where an
employee is required to camp either by direction of the employer or because no
reasonable transport facilities are available for the employee to proceed to
and from their home each day, subclauses 14.5.1, 14.5.2 and 14.5.3 of this
clause shall not apply to the following:
Employees of the Roads and Traffic Authority;
Department of Land and Water Conservation; Department of Land and Water
Conservation or NSW State Forests in respect of the following work;
Construction and/or maintenance of water supply and
sewerage works; roads, bridges, water conservation and irrigation works,
harbour and reclamation works or forest works.
For such employees, the employer shall provide a camp
with accommodation in single cubicles, not less than 14 cubic metres in
size. Each cubicle shall be fitted with
a bed with mattress. Each cubicle shall
have a timber floor covering, be fitted with a door and a moveable window of
reasonable size, with wire screen covering.
The cubicle shall be furnished with a table or suitable substitute, a
seat and a wardrobe. Each cubicle shall be ceiled and lined and artificial
lighting provided. If reasonably
required, the employer shall provide a suitable heating appliance for each
cubicle.
Provision shall be made in the camp for suitable
washing facilities; including hot and cold showers, provided that an adequate
water supply is available. Employees
shall also be provided with sufficient facilities to wash their clothes. Sanitary conveniences shall be adequate,
sewered where reasonably practicable and situated within reasonable distance
from the living quarters. The
conveniences shall have adequate access by properly lighted paths. Effluent from kitchen, laundry and showers
should be dispersed in such a way as to avoid any health risk. A veranda shall be constructed in front of
each room, except where corridor-type barracks are provided.
The employer shall provide an enclosed galley
conforming to the requirements of the General Construction and Maintenance,
Civil and Mechanical Engineering &c (State) Award, as varied from time to
time, or by any award replacing the said award.
Where the circumstances so require, the employer may,
as an alternative provide caravans for employees. The caravans should contain as far as practicable, amenities at
least equal to those specified above.
An employee who is required to camp has an entitlement
to a daily allowance as specified in Item 58 of Table 3 for each day they
remain in camp. The allowance is not paid for any working day the employee is
absent from duty, except in such cases of sickness or for any reason beyond the
employee’s control.
Leave is reserved to the employers to apply in respect
of the standards of accommodation under this subclause.
14.7 Employees who
wish to return home for the weekends will be paid an allowance at the rate shown
in Item 60 of Part B Table 3 on each occasion they return home provided they:
(i) work as
required during the ordinary working hours, and
(ii) work on the
working day both before and after a weekend, and
(iii) notify the
employer no later than the Tuesday of each week, and
(iv) return home
for the weekend.
Employees in receipt of this allowance will not be
entitled to payment of the camping allowance prescribed in subclause 14.6 of
this clause, for the day or days on which they are absent.
14.7.1 This subclause
shall not apply to an employee who is receiving the allowance rate specified in
Item 57 of Part B, Table 3 in lieu of board and lodging being provided by the
employer.
14.7.2 An employee
shall be deemed to have returned home at the weekend only if this involves the
employee in being absent from his accommodation for not less than half the
hours between ceasing work in the one week and commencing work in the next
week.
14.8 The provisions
of this clause shall apply wherever the employee is engaged.
14.9 Where an
employee is engaged upon distant jobs and is required to reside elsewhere than
on the site of the job they shall be paid the fares and travelling time
allowance prescribed by clause 8, Excess Fares and Travelling Time, of this award.
14.10 An employee on
distant work may return to their home at a weekend after three months'
continuous service and thereafter at three monthly intervals. The employee shall be paid the fares
reasonably incurred in so travelling to their home and to the place of
work. If the work upon which the
employee is engaged will be completed within twenty-eight days after the
expiration of any such period of three months, then the provisions of this
subclause shall not apply.
14.11 If any employer
and employee engaged on distant work agree in writing and subject to the
procedure outlined in subclause 2.1 of Clause 2, Hours-Day Workers, of this
award, the employee may take a paid rostered day off as prescribed in that
subclause, at a mutually agreed time.
The agreement shall only provide for a paid day or days off work up to a
maximum accrual of five days.
15. Chokages
15.1 If an
employee is employed upon any chokage and is required to;
(i) open up any soil
pipe, waste pipe, drain pipe or pump conveying offensive material
(ii) or a scupper
containing sewerage
(iii) or required
to work in a septic tank in operation
the employee shall be paid the allowance rate specified
in Item 61 of Part B, Table 3 per day or part of a day thereof.
15.2 Fouled
Equipment
An employee who is required to work on any pipe line or
equipment containing body fluids or body waste and encounters same, shall be
paid the allowance rate specified in Item 62 of Part B, Table 3. This allowance shall not apply in
circumstances where subclause 15.1 of this clause would normally be paid.
16. Special
Conditions
16.1 Employees
engaged in installing brine or ammonia pipes or repairs to same who have their
clothing or boots destroyed or damaged shall be reimbursed the amount of damage
sustained.
16.2 All rope and
gear shall be of sound material, used or stored in such a way that it does not
come in contact with sharp edges, acids or acid fumes. At all times the Occupational Health
& Safety Act 2000 and Occupational Health & Safety Regulation 2001,
shall be complied with.
16.3 Employees
working in battery rooms or like places where acids or caustic soda are stored
or used shall be provided with gloves, overalls and rubber boots. These are to be periodically disinfected in
accordance with the requirements of the NSW Department of Health for
disinfecting clothing while in use and before being issued to another person.
16.4 The employer
shall provide a suitable gas mask at the place of work when the employee is
required to work on a live gas service.
17. Hygiene and
Safety First- Aid Kit
17.1 The employer
shall provide at the place of work and continuously maintain an efficient
first-aid kit and appliances in line with the provisions of section 6 and
Schedule 1 of the Occupational Health and Safety Act 2000 and
Occupational Health and Safety Regulation 2001.
17.2 In the event of
any serious accident happening to any employee whilst at work or going to or
from the camp, the employer shall, at their expense, provide transport
facilities to the nearest hospital or doctor.
17.3 At a place of
work where 50 or more persons are employed the employer shall provide a
stretcher and, where practicable, include amongst the employees a qualified first-aid
person. Where an employee is a
qualified first-aid person and is employed to carry out the duties of a
qualified first-aid person, they shall be paid an additional daily rate as set
out in Item 63 of Table 3.
18. Conveniences
18.1 The employer
shall provide at the place of work sanitary conveniences in accordance with the
requirements of the local health authority providing that such conveniences
will at least measure up to the following minimum standard:
They shall be at least 1.066 metres wide and 1.371
metres long and 2.34 metres high internal measurement and shall have a hinge
door capable of being fastened both inside and on the outside.
The walls and roof and door shall be of weatherproof
material and shall be so constructed as to ensure privacy.
Each convenience shall be provided with a suitable
receptacle for, and an adequate supply of, deodorising or fly-repellent
material, blue oil or kerosene or phenol.
It shall also be provided with a means for disposing of sanitary items.
A fly-proof cover and seat shall be provided should
sewerage not be accessible or connected to the toilet or convenience: The ratio
of such accommodation shall be one convenience to eight employees or part of
eight employees.
18.2 The employer
shall provide at the place of work a suitable and secure weatherproof lock-up
solely for the purpose of storing employees' tools. Where tools are stolen because no lock-up has been provided, the
employee shall be compensated to the extent of their loss.
18.3 Where a total
of fifteen tradespeople are working on site, whether employed under this award
or otherwise, and the job has been or will be of two months' duration or
longer, the employer shall provide for employees at the work site weatherproof
accommodation for changing clothes.
This accommodation shall be not less than .84 square metres to each
employee.
18.4 At permanent
places of work, the employer shall provide weather and dust proof accommodation
for dressing, and lockers securely fixed with suitable locks, solely for the
use of their employees.
18.5 At meal times
and rest periods, boiling water shall be provided by the employer at a location
that is reasonably accessible to employees.
18.6 The employer
shall provide for employees an adequate supply of cool and wholesome drinking
water.
19. Piecework
19.1 Piecework is
prohibited.
19.2 No employee
shall execute any work for profit or reward except at the rates and under the
conditions prescribed by this award.
20. Damage to
Clothing Or Tools
An employee whose clothing or tools are spoiled by acids or
sulphur or other deleterious substance due to the circumstances of their
employment shall be recompensed by their employer to the extent of their loss.
21. Sharpening Tools
21.1 The employer shall
provide at the place of work a suitable sand grindstone or a carborundum stone
for the use of carpenters and/or bridge and wharf carpenters.
21.2 Where such a
grindstone or carborundum stone is not driven by mechanical power, the employer
shall provide assistance in turning the grindstone or carborundum stone.
21.3 Saw sharpening
and tool grinding may be done by the employee during the progress of work.
21.4 Where the
provisions of subclauses 21.1 and 21.2 of this clause are not observed by the
employer, the employer shall pay for or provide for grinding of the tools.
21.5 Bridge and
Wharf Carpenters and/or Shipwright Boat Builder shall be supplied with saw
files.
22. Special Tools and
Clothing
22.1 The employer
shall provide the following tools and protective clothing when they are
required for the work to be performed by the employees:
22.1.1 Bricklayers:
Scutch combs, hammers (excepting mash and brick hammers), rubber mallets and T
squares.
22.1.2 Carpenters: Dogs
and cramps of all descriptions, bars of all descriptions over 61 cm. long,
augers, of all sizes, star bits and bits not ordinarily used in a brace,
hammers (except claw hammers and tack hammers), glue pots and glue brushes,
dowel plates, trammels, hand thumb screws, and soldering irons.
22.1.3 Plasterers shall
be provided with overalls when required to brush on to walls and ceilings
bondcrete, plaster weld or similar substances.
The approved grass brush to perform the work prescribed
in this subclause shall be provided by the employer.
22.1.4 Plumber: Metal pots, mandrills, long dummies,
stock and dies for iron, copper and brass pipes, cutters, tongs, vices,
taps and drills, ratchets, files, cramps caulking tools, hacksaw and blades, welding
and brazing outfits, goggles where necessary and liquid petroleum gas equipment
where necessary, and all shop tools, the usual kit bag of tools only to be
supplied by the employee.
22.1.5 Shipwright-Boat
builder: Beetles, horse irons, cramps, pitch ladles, mops, drift bolts,
spanners, stripping bars and punches, all augers 32 mm and over, dowelling
bits, plumbs and levels and boring tools for power machines.
22.1.6 Sign writers to
be supplied with all brushes.
22.1.7 All power tools
shall be provided where, in the opinion of the employers, they are necessary.
22.2 Where
necessary, the employer shall provide overalls, boots, goggles, gloves and
masks for the use of employees engaged on the classes of work covered by
subclause 4.20, of Clause 4, Allowances, of this award.
22.3 If, in the
course of their employment, an employee is required to use any alkaline or acid
based products he shall be provided with protective clothing.
22.4 The employer
shall supply to employees, rubber gloves when working on any sewerage or
drainage work and protective clothing and goggles when engaged on welding work.
22.5 Painters. When working in cooling or freezing chambers
where the temperature is below 4 degrees Celsius, painters shall be supplied
with suitable boots and a clean blanket suit properly disinfected in accordance
with the requirements of the NSW Department of Health.
22.6 Bricklayers. A bricklayer required to work on the
construction or repairs to acid furnaces, acid stills, acid towers and all
other acid resisting brickwork and/or engaged to work on the construction or
alteration or repairs to boilers, flues, furnaces, retorts or kilns, shall be
supplied with gloves, boots and overalls as set out hereunder:
22.6.1 Gloves shall be
supplied and shall be replaced as required, subject to employees handing in the
used gloves.
22.6.2 Boots shall be
supplied upon request of the bricklayer after six weeks' employment, the cost
of such boots to be assessed at a rate set out in Item 64 of Table 2 of Part
B. Employees are to accrue credit at
the weekly rate set out in Item 65 of Table 2 of Part B of this award.
A bricklayer leaving or being dismissed before 20
weeks' employment shall pay the difference between the credit accrued and the
Item 64 rate.
The right to accrue credit shall commence from the date
of request for the boots.
In the event of boots being supplied and the bricklayer
not wearing them while at work, the employer shall be entitled to deduct the cost
of the boots if the failure to wear them continues after one warning by the
employer.
Upon issue of the boots the bricklayer may be required
to sign the authority form in or to effect of the Annexure to this clause.
Boots shall be replaced each six months dating from the first issue.
22.6.3 Overalls will be
supplied upon request of the bricklayer and on the condition that they are worn
while performing the work.
Annexure
Authority Form
|
, acknowledge receipt of one
(1) pair of boots provided in accordance with the provisions of
|
subclause 22.6.2 of clause 22,
Special Tools and Clothing of this award.
|
Should the full cost of the boots ($ ) not be met by accumulation of credit
(at the rate of $ per week)
from
|
|
I authorize deduction from any
moneys due to me by my employer
|
|
of an amount necessary to meet
the difference between the credit accrued and $.
|
Signed:
Date:
23. Insurance of
Tools
23.1 The employer
shall insure and keep insured against loss or damage by fire whilst on the
employer's premises such tools of the employee as are used by the employee in
the course of their employment.
23.2 An employee
shall be entitled to be reimbursed by their employer for loss of tools up to a
value as set out in Item 65 of Table 2, when such tools are lost by theft from
a breaking and entering outside ordinary working hours, where the tools are
stored at the employer's direction on the job.
23.3 The employee
shall, if requested so to do, furnish the employer with a list of their tools
so used.
24. Exhibition of
Award
An up to date copy of this award shall be posted and kept
posted by the employer in a prominent place on the employer’s premises that is
accessible to all employees.
25.
Anti-Discrimination
25.1 It is the
intention of the parties bound by this award to seek to achieve the object in
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.
25.2 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.
25.3 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 of unlawful discrimination
or harassment.
25.4 Nothing in this
clause is to 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.
25.5 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.
25.6 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
25.7 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."
26. Carer’s Leave
26.1 The definition
of "family" and "relative" for the purpose of this clause is
the person who needs the officer’s care and support and is referred to as the
"person concerned" and is:
(a) a spouse of
the officer; or
(b) a de facto
spouse, who in relation to a person, is a person of the opposite sex to 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
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial) parent (including a foster parent and legal guardian), grandparent,
grandchild or sibling of the officer or spouse or de facto spouse of the
officer; or
(d) a same sex
partner who lives with the officer as the de facto partner of that officer on a
bona fide domestic basis; or
(e) a relative of
the officer who is a member of the same household, where for the purposes of
this paragraph:
(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.
26.2 Use of sick
leave to care for a sick dependant - entitlement
(a) The
entitlement to use sick leave in accordance with this clause is subject to:
(i) the employee
being responsible for the care and support of the person concerned, and
(ii) the person
concerned being as defined as above.
(b) An employee
with responsibilities in relation to a person who needs their care and support
shall be entitled to use sick leave available from that year’s annual sick
leave entitlement minus any sick leave taken from that year’s entitlement to
provide care and support for such persons when they are ill.
(c) Sick leave
accumulates from year to year. In
addition to the current year’s grant of sick leave, sick leave accrued from the
previous 3 years may also be accessed by an employee with responsibilities in
relation to a person who needs their care and support.
(d) In special
circumstances, the Chief Executive Officer may make a grant of additional sick
leave. This grant can only be taken from sick leave accrued prior to the period
referred to in subclause 26.2 (c).
(e) If required, a
medical certificate or statutory declaration must be made by the employee to
establish the illness of the person concerned and that the illness is such to
require care by another person.
(f) The employee
is not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration and has the right to choose which
of the two methods to use in the establishment of grounds for leave.
(g) Wherever
practicable, the employee shall give the Chief Executive Officer prior notice
of the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee.
They must also give reasons for taking such leave and the estimated
length of absence. If the employee is
unable to notify the Chief Executive Officer beforehand, notification should be
given by telephone at the first opportunity on the day of absence.
(h) In normal
circumstances, the employee must not take leave under this subclause where
another person has taken leave to care for the same person.
26.3 Time Off in
Lieu of Payment for Overtime
26.3.1 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.
26.3.2 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.
26.3.3 If, having
elected to take time as leave in accordance with paragraph 3.1 of this
subclause, 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.
26.3.4 Where no
election is made in accordance with the said paragraph 3.1, the employee shall
be paid overtime rates in accordance with the award.
26.4 Make-up Time
26.4.1 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.
27. Union Delegates
An employee appointed shop steward in the shop or department
in which they are employed shall, upon notification, be recognised by the
employer as an accredited representative of the Union. The union delegate shall be allowed the
necessary time during working hours to interview the employer or their
representative on matters affecting the employees who are represented by the
delegate.
28. Dispute Resolution
The procedure for the resolution of grievances and
industrial disputation concerning matters arising under this award shall be in
accordance with the following:
28.1 Procedure
relating to a grievance of an individual employee:
28.1.1 The employee
shall 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.
28.1.2 The 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.
28.1.3 Reasonable time
limits must be allowed for discussion at each level of authority.
28.1.4 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.
28.1.5 While a
procedure is being followed, normal work must continue. No party shall be prejudiced as to the final
settlement by the continuation of work in accordance with this subclause.
28.1.6 The employer may
be represented by an industrial organisation of employers and the employee may
be represented by an industrial organisation of employees for the purpose of
each procedure.
28.2 Procedure for a
dispute between an employer and the employees:
28.2.1 A question,
dispute or difficulty 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.
28.2.2 Reasonable time
limits must be allowed for discussion at each level of authority.
28.3 While a
procedure is being followed, normal work must continue. No party shall be
prejudiced as to the final settlement by continuation of work in accordance
with this subclause.
28.4 The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
29. Transport of
Employee's Tools
When an employee on construction or maintenance work is
required to transfer from one job to another, an employer shall provide
transport for the employee's tools to the nearest public conveyance. On termination of employment, the employer
shall provide transport for the employee's tools to the nearest public
conveyance except where the employee gives notice or is dismissed for
misconduct.
30. Picnic Day
30.1 The first
Monday in December of each year shall be the Union Picnic Day.
30.2 All employees
shall, as far as practicable, be given and shall take this day as a picnic day
at their ordinary rate of pay including accrual for a rostered day off. Any employee required to work on such day
shall be paid at the rate of double time and one-half for all time worked on
such day, with a minimum payment for four hours work. An employee who is required to work on picnic day and who fails
to comply with such requirement shall not be entitled to payment for the day.
30.3 An employer may
require from an employee evidence of attendance at the picnic. The production of the butt of a picnic
ticket issued for the picnic shall be sufficient evidence of such attendance.
Where the employer requests production of the ticket butt, payment need not be
made unless the evidence is produced.
30.4 Where an
employer holds a regular picnic for their employees on some other working day
during the year, then such day may be given and may be taken as a picnic day in
lieu of the picnic day here fixed.
30.5 This clause
shall apply to employees working within the Counties of Cumberland,
Northumberland and Camden and in such other areas where a picnic is actually
held and in respect of which one month's notice is given in writing by the
Union to the employer.
30.6 In Departments
to which the Public Sector Employment and Management Act 2002 applies,
employees may take a day designated by their Department Head as a public
service holiday during the period between Boxing Day and New Year’s Day in lieu
of the Picnic Day prescribed in this clause.
31. General Leave
Conditions and Accident Pay
31.1 General leave
conditions and accident pay of employees engaged by Government bodies under the
provisions of the Public Sector Employment and Management Act 2002 shall
be bound by the Public Sector Employment and Management (General) Regulation
1996. For employees employed under the
provisions of the Technical and Further Education Commission Act 1990,
general leave conditions and accident pay will be regulated by Department of
Education and Training/TAFE policies on these issues.
31.2 General leave
conditions and accident pay of employees engaged under Ministerial authority in
Government and quasi-government bodies shall be regulated by the Government
Uniform Leave Conditions.
31.3 In addition to
the leave entitlements provided in 31.1 and 31.2, the following provisions
shall also apply.
(a) Right to
request
(i) An employee
entitled to parental leave may request the employer to allow the employee:
(A) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(B) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(C) 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.
(ii) 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.
(iii) Employee’s
request and the employer’s decision to be in writing.
The employee’s request and the
employer’s decision made under paragraph 31.3 (a)(i) and 31.3 (a)(ii) above,
must be recorded in writing.
(iv) Request to
return to work part-time
Where an employee wishes to
make a request under 31.3 (a)(i)(C) above, 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.
(b) Communication
during parental leave
(i) 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:
(A) 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
(B) 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.
(ii) 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.
(iii) 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 paragraph 31.3 (b)(i).
32. Deduction of
Union Membership Fees
32.1 The union shall
provide the employer with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union's rules.
32.2 The union shall
advise the employer of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of union fortnightly membership fees payable shall be provided to
the employer at least one month in advance of the variation taking effect.
32.3 Subject to 32.1
and 32.2 above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
32.4 Monies so
deducted from employee's pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
32.5 Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
32.6 Where an
employee has already authorised the deduction of union membership fees 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 continue.
33. Occupational
Health and Safety for Employees of Labour Hire Employers
(i) For the
purposes of this subclause, the following definitions shall apply:
(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.
(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.
(ii) 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):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(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;
(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
(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.
(iii) Nothing in
this subclause 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.
(iv) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this sub clause, the matter shall be dealt with pursuant to
the disputes settlement procedure of this award.
(v) 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.
34. Area, Incidence
and Duration
34.1 This award
shall apply to all employees of the classes specified in clause 3, Rates of
Pay, of this Award in the employment of the New South Wales Ambulance Board,
Roads and Traffic Authority of NSW and Government organisations to which the
Public Sector Employment and Management Act 2002 applies, other than those
referred to hereunder. It shall not apply to employees covered by
the Sydney Harbour Bridge Employees Award, nor to those employed by the Roads
and Traffic Authority, Department of Public Works and Services in Broken Hill,
or those employed by the Zoological Parks Board of New South Wales.
34.2 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Crown Employees (Skilled Trades) Award
published 13 August 2004 (345 I.G. 779) and all variations thereof.
34.3 The changes
made to the award in relation to the Award Review pursuant to 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 (345 I.G.
359) take effect from 31 July. 2007.
34.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
RATES AND
ALLOWANCES
Table 1 - Rates of
Pay
Classification
|
Amount per week as
at
|
Clause
3. All Up Rate -
|
Includes
Industry Allowance, Special loading, Trade Allowance
|
|
1.7.06
|
1.7.07
|
|
|
+ 4%
|
|
$
|
$
|
Bespoke
Bootmaker
|
677.90
|
705.00
|
Blacksmith
|
741.40
|
771.10
|
Body
Maker, First Class
|
733.80
|
763.20
|
Boilermaker
and/or Structural Steel Tradesperson
|
733.80
|
763.20
|
Boot
or Shoe Repairer
|
665.30
|
691.90
|
Bricklayer
|
733.80
|
763.20
|
Bridge
and Wharf Carpenter
|
733.80
|
763.20
|
Cabinet
Maker
|
761.70
|
792.20
|
Carpenter
and/or Joiner
|
733.80
|
763.20
|
Coach
and/or Spray Painter
|
733.80
|
763.20
|
Drainer
|
741.40
|
771.10
|
Electrical
Fitter
|
782.70
|
814.00
|
Electrical
Instrument Fitter
|
819.60
|
852.40
|
Electrical
Mechanic
|
782.70
|
814.00
|
Electrician
in Charge of Plant having a capacity of 75 Kilowatts or more
|
834.60
|
868.00
|
Electrician
in Charge of Plant having a capacity of less than 75 Kilowatts
|
797.10
|
829.00
|
Electronics
Tradesperson
|
899.20
|
935.20
|
Farrier
|
741.40
|
771.10
|
Fitter
|
733.80
|
763.20
|
Forger
and/or Faggoter
|
733.80
|
763.20
|
French
Polisher
|
761.70
|
792.20
|
Machinist,
A Grade (Woodworking)
|
733.80
|
763.20
|
Machinist,
First Class (Metal Trades)
|
747.20
|
777.10
|
Marker-off
|
741.40
|
771.10
|
Mechanical
Tradesperson - Special Class (as defined)
|
775.00
|
806.00
|
Motor
Mechanic
|
733.80
|
763.20
|
Painter
|
733.80
|
763.20
|
Panel
Beater
|
733.80
|
763.20
|
Patternmaker
|
756.10
|
786.30
|
Plant
Electrician
|
826.20
|
859.20
|
Plant
Mechanic
|
733.80
|
763.20
|
Plasterer
|
733.80
|
763.20
|
Plumber
and/or Gasfitter
|
741.40
|
771.10
|
Radio
Mechanic or Fitter
|
782.70
|
814.00
|
Refrigeration
and/or Air Conditioning
|
782.70
|
814.00
|
Saw
Doctor
|
782.70
|
814.00
|
Sawyer,
No. 1 Benchperson
|
747.20
|
777.10
|
Scalemaker
and/or Adjuster
|
733.80
|
763.20
|
Scientific
Instrument Maker
|
756.10
|
786.30
|
Sewing
Machine Mechanic
|
733.80
|
763.20
|
Sheetmetal
Worker, First Class
|
733.80
|
763.20
|
Shipwright
and/or Boatbuilder
|
733.80
|
763.20
|
Signwriter
|
756.10
|
786.30
|
Slater
and Tiler
|
733.80
|
763.20
|
Stonemason
|
733.80
|
763.20
|
Stonemason-Carver
|
782.70
|
814.00
|
Tilelayer
|
733.80
|
763.20
|
Toolmaker
|
756.10
|
786.30
|
Toolsmith
|
741.40
|
771.10
|
Trimmer
(Motor)
|
733.80
|
763.20
|
Turner
|
733.80
|
763.20
|
Watchmaker
|
720.70
|
749.50
|
Welder,
Special Class
|
741.40
|
771.10
|
Welder,
First Class
|
733.80
|
763.20
|
Application to employees performing work for the New South Wales TAFE
Commission
Clause 7 - Rates of Pay
|
Per week as at
|
Per week as at
|
Classification
|
1.7.06
|
1.7.07
|
|
|
+ 4%
|
|
$
|
$
|
Carpenter/Joiner
|
791.20
|
822.80
|
Electrical Fitter
|
843.90
|
877.70
|
Electrical
Mechanic
|
843.90
|
877.70
|
Fitter
|
791.20
|
822.80
|
Machinist, A Grade
(Woodworking)
|
791.20
|
822.80
|
Mechanical
Tradesperson -
|
|
|
Special Class
|
835.30
|
868.70
|
Motor Mechanic
|
791.20
|
822.80
|
Painter
|
791.20
|
822.80
|
Plumber
|
798.90
|
830.90
|
Saw Doctor
|
843.90
|
877.70
|
Turner
|
791.20
|
822.80
|
WAGES FOR
APPRENTICES
Wages for
Apprentices - Apprentices shall receive as minimum weekly rates of pay, the
following:
(i)
Four Year Term
|
Per week as at
|
Per week as at
|
|
1.7.06
|
1.7.07
|
|
|
+ 4%
|
|
$
|
$
|
1st year
|
317.20
|
329.90
|
2nd year
|
417.50
|
434.20
|
3rd year
|
534.80
|
556.20
|
4th year
|
616.80
|
641.50
|
Wages for
apprentices employed by Department of Education and Training
Four Year Term
|
Per week as at
|
Per week as at
|
|
1.7.06
|
1.7.07
|
|
|
+ 4%
|
|
$
|
$
|
1st year
|
342.20
|
355.90
|
2nd year
|
450.10
|
468.10
|
3rd year
|
576.60
|
599.70
|
4th year
|
665.30
|
691.90
|
(ii) An apprentice
who has passed the prescribed annual technical college examinations for the
preceding year shall be paid an additional weekly allowance of $1.00. Payment of this allowance is subject to a
satisfactory report as to conduct, punctuality and workshop progress by his/her
supervisor. Such additional allowance
shall be payable from the beginning of the first pay period commencing in
January following the examinations.
(iii) An apprentice
who, in any year fails to complete a subject or subjects but completes them
concurrently with passing the succeeding year’s examinations, shall be deemed
to qualify for payment of the allowance specified in this subclause for the
succeeding year as if he had not initially failed to complete the subject or
subjects
(iv) All wages
shall be paid on a weekly basis: It shall be an implied term of any contract of
apprenticeship that the employing Authority may deduct from the weekly wage of
an apprentice an amount proportionate to the time lost by an apprentice for any
reason not considered satisfactory to the employing Authority.
(v) Apprentice
patternmakers shall be paid the sum of $1 per week in addition to the wage
rates prescribed for apprentices in subclause (i).
PART B
Table 2 - Tool
Allowances
An employee under this award of a classification as listed
underneath shall receive the prescribed tool allowance. The tool allowance is applicable to both
skilled tradespeople and apprentices and is to form part of the ordinary pay
for all purposes.
Item
No.
|
Clause
No.
|
Brief
Description
|
Amount
|
|
|
|
Per
week (as of 11/9/06)
|
|
|
|
$
|
1
|
5
|
Tool Allowances
|
|
|
|
Blacksmith
|
24.20
|
|
|
Bodymaker, First Class
|
24.20
|
|
|
Boilermaker and/or Structural Steel
Tradesperson
|
24.20
|
|
|
Bricklayer
|
17.10
|
|
|
Bridge and Wharf Carpenter
and/or Civil Engineering
|
|
|
|
Construction Carpenter
|
24.20
|
|
|
Cabinet Maker
|
9.70
|
|
|
Carpenter
|
24.20
|
|
|
Drainer
|
24.20
|
|
|
Farrier
|
24.20
|
|
|
Fitter
|
24.20
|
|
|
Forger and/or Faggoter
|
24.20
|
|
|
Machinist, First Class (Metal
Trades)
|
24.20
|
|
|
Machinist (Metal Trades)
Special Class
|
24.20
|
|
|
Marker Off
|
24.20
|
|
|
Motor Mechanic
|
24.20
|
|
|
Painter
|
5.80
|
|
|
Panel Beater
|
24.20
|
|
|
Patternmaker
|
24.20
|
|
|
Plant Mechanic
|
24.20
|
|
|
Plasterer
|
20.00
|
|
|
Plumber
|
24.20
|
|
|
Plumber and Gasfitter
|
24.20
|
|
|
Plumber, Gasfitter and Drainer
|
24.20
|
|
|
Sewing Machine Mechanic
|
24.20
|
|
|
Sheetmetal Worker, First Class
|
24.20
|
|
|
Shipwright/Boatbuilder
|
24.20
|
|
|
Signwriter
|
5.80
|
|
|
Slater and Tiler
|
12.60
|
|
|
Stonemason
|
24.20
|
|
|
Stonemason-Carver
|
24.20
|
|
|
Tilelayer
|
17.10
|
|
|
Toolmaker
|
24.20
|
|
|
Toolsmith
|
24.20
|
|
|
Trimmer (Motor)
|
24.20
|
|
|
Turner
|
24.20
|
|
|
Vehicle Builder
|
24.20
|
|
|
Watchmaker
|
8.00
|
|
|
Welder, Special Class
|
24.20
|
|
|
Welder, First Class
|
24.20
|
|
Tool
Allowances - Electrical
|
|
Clause
No.
|
Brief
Description
|
As at 1.7.06
|
As at 1.7.07
|
|
|
$
|
$
|
5
|
Electrical Fitter
|
14.40
|
15.00
|
|
Electrical Fitter/Mechanic
|
14.40
|
15.00
|
|
Electrical Instrument Fitter
|
14.40
|
15.00
|
|
Electrical Mechanic
|
14.40
|
15.00
|
|
Electrician in charge of plant
having a capacity of less than
|
|
|
|
75 kilowatts
|
14.40
|
15.00
|
|
Electronic Tradesperson
|
14.40
|
15.00
|
|
Electrical Instrument Fitter
|
14.40
|
15.00
|
|
Plant Electrician
|
14.40
|
15.00
|
|
Radio Mechanic and Fitter
|
14.40
|
15.00
|
|
Refrigeration and/or Air
Conditioning Mechanic
|
14.40
|
15.00
|
PART B
Table 3 -
Allowances
Item
No.
|
Clause
No.
|
Brief
Description
|
As at 1.7.06
|
As at 1.7.07
|
|
|
|
|
+ 4%
|
|
|
|
$
|
$
|
2
|
4.2
|
Carpenter Diver (p.w)
|
214.10
|
222.70
|
3
|
4.4
|
Electrician who is holder of a
NSW electrician’s licence:
|
|
|
|
|
A Grade Licence (p.w.)
|
35.60
|
37.00
|
|
|
B Grade Licence (p.w.)
|
19.10
|
19.90
|
4
|
4.5
|
Lead Burner (p.h.)
|
0.75
|
0.78
|
5
|
4.6
|
Plumber and Drainer when
required to act on:
|
|
|
|
|
plumbers licence (p.h.)
|
0.92
|
0.96
|
|
|
gasfitters licence (p.h.)
|
0.92
|
0.96
|
|
|
drainers licence (p.h.)
|
0.78
|
0.81
|
|
|
plumbers and gasfitters licence
(p.h.)
|
1.24
|
1.29
|
|
|
plumbers and drainers licence
(p.h.)
|
1.24
|
1.29
|
|
|
gasfitters and drainers licence
(p.h.)
|
1.24
|
1.29
|
|
|
plumbers, gasfitters and
drainers licence (p.h.)
|
1.71
|
1.78
|
6
|
4.7
|
Holder of Electric Welding (DIRE
Certificate) (p.h.)
|
0.53
|
0.55
|
7
|
4.8
|
Boot or Shoe Repairer required
to repair anatomical,
|
|
|
|
|
surgical or orthopaedic boots or
shoes (p.w.)
|
19.20
|
20.00
|
8
|
4.9
|
Shipwright-Boatbuilder, for:
Liner Off, Loftsperson and
|
|
|
|
|
Model Maker (p.h.)
|
0.99
|
1.03
|
9
|
4.10
|
Computing quantities (p.d.)
|
4.20
|
4.36
|
10
|
4.11
|
Joiner, Public Works and
Education Departments:
|
|
|
|
|
when working at regular place of
employment (p.w.)
|
33.20
|
34.50
|
|
|
when working away from regular
place of employment
|
|
|
|
|
(p.d.)
|
6.64
|
6.90
|
11
|
4.12
|
Registration allowance (p.h.)
|
0.72
|
0.75
|
12
|
4.13
|
Building tradesperson
|
|
|
|
|
- Marking off/Setting out (p.w.)
|
0.90
|
0.90
|
13
|
4.14
|
Cold places:
|
|
|
|
|
below 0 degree Celsius (p.h.)
|
0.57
|
0.59
|
|
|
below minus 7 degrees Celsius
(p.h.)
|
0.67
|
0.70
|
14
|
4.15
|
Confined spaces (p.h.)
|
0.73
|
0.76
|
15
|
4.16
|
Dirty work (p.h.)
|
0.57
|
0.59
|
|
|
For Bridge and wharf carpenter
who:
|
|
|
|
|
uses material or liquid that is injurious
to clothes or
|
|
|
|
|
damages his/her tools (p.h.)
|
0.57
|
0.59
|
|
|
Is engaged in work where dirt or
dust or other
|
|
|
|
|
foreign matter or refuse has
accumulated to become
|
|
|
|
|
damaging to the clothes or tools
or objectionable or
|
|
|
|
|
injurious to the person. (p.h.)
|
0.57
|
0.59
|
|
|
Shipwright Boatbuilder engaged
in work as set out in
|
|
|
|
|
subclause 5.16.2 (v) (p.h.)
|
0.57
|
0.59
|
16
|
4.17
|
Height money:
|
|
|
|
|
7.5 metres from ground, deck,
floor or water (p.h.) for
|
0.57
|
0.59
|
|
|
every additional 3 metres (p.h.)
|
0.13
|
0.13
|
17
|
4.18
|
Hot places:
|
|
|
|
|
between 46 degrees celsius and
54 degrees celsius (p.h.)
|
0.57
|
0.59
|
|
|
exceeds 54 degrees celsius
(p.h.)
|
0.73
|
0.76
|
18
|
4.19
|
Handling insulation material
(p.h.)
|
0.73
|
0.76
|
19
|
4.20
|
Smoke boxes:
|
|
|
|
|
repairs to smoke-boxes furnace
or flues of boilers (p.h.)
|
0.37
|
0.38
|
|
|
repairs to and while inside oil
fired boilers (p.h.)
|
1.42
|
1.48
|
20
|
4.21
|
Wet places:
|
|
|
|
|
where water other than rain is
falling and required
|
|
|
|
|
to work in wet clothing or boots
(p.h.)
|
0.57
|
0.59
|
|
|
when required to work in the
rain (p.h.)
|
0.57
|
0.59
|
|
|
called upon to work on a raft,
open board, punt or
|
|
|
|
|
pontoon having a freeboard of
305m.m or less (p.d.)
|
2.20
|
2.28
|
|
|
called upon to work knee-deep in
mud or water (p.d.)
|
4.52
|
4.70
|
21
|
4.22
|
Construction or repairs to acid
furnaces, stills, towers
|
|
|
|
|
and all other acid resisting
brickwork (p.h.)
|
2.93
|
3.05
|
|
|
Construction or alteration or
repairs to boilers, flues,
|
|
|
|
|
furnaces, retorts, kilns, ovens,
ladles and similar
|
|
|
|
|
refractory work (p.h.)
|
2.93
|
3.05
|
22
|
4.23
|
Towers allowances:
|
|
|
|
|
construction exceeding 15 metres
in height, and (p.h.)
|
0.57
|
0.59
|
|
|
for each additional 15 metres
(p.h.)
|
0.57
|
0.59
|
23
|
4.24
|
Depth exceeding 3 metres (p.h.)
|
0.57
|
0.59
|
24
|
4.25
|
Swing scaffolds:
|
|
|
|
|
for the first four hours or any
portion thereof, and (p.h.)
|
4.22
|
4.39
|
|
|
for each hour thereafter (p.h.)
|
0.86
|
0.89
|
|
|
Solid plasterers when working
off a swing scaffold (p.h.)
|
0.13
|
0.13
|
25
|
4.26
|
Spray application (p.h.)
|
0.56
|
0.58
|
26
|
4.27
|
Soil pipes (p.h.)
|
0.73
|
0.76
|
27
|
4.28
|
Working on second-hand timber
(p.d.)
|
2.26
|
2.36
|
28
|
4.29
|
Roof work:
|
|
|
|
|
work in excess of 12 metres from
the nearest floor level
|
|
|
|
|
(p.h.)
|
0.73
|
0.76
|
|
|
minimum payment (p.h.)
|
0.73
|
0.76
|
29
|
4.30
|
Electric welding (p.h.)
|
0.20
|
0.21
|
30
|
4.31
|
Explosive powered tools:
|
|
|
|
|
employee required to use
explosive powered tools (p.d.)
|
1.38
|
1.44
|
|
|
bridge and wharf carpenter when
required to use these
|
|
|
|
|
tools (p.d.)
|
1.38
|
1.44
|
31
|
4.32
|
Scaffolding rigging (p.h.)
|
0.57
|
0.59
|
32
|
4.33
|
Corrective establishments (p.h.)
|
1.44
|
1.50
|
|
|
Mental institutions (p.h.)
|
1.10
|
1.14
|
|
|
Geriatric hospitals: Allandale,
Garrawarra and Strickland
|
|
|
|
|
Hospitals (p.h.)
|
0.41
|
0.43
|
|
|
Geriatric hospitals:- Lidcombe
Hospital (p.h.)
|
0.37
|
0.38
|
|
|
Work in hot/cold water tanks for
the purpose of the
|
|
|
|
|
control of Legionella
Pneumophilia (p.h.)
|
2.67
|
2.78
|
33
|
4.34
|
Distant places:
|
|
|
|
|
in districts as set out in
subclause 5.3 (p.d.)
|
1.10
|
1.14
|
|
|
in western division of the state
(p.d.) within the area as
|
1.80
|
1.88
|
|
|
set out in subclause 5.36.3
(p.d.)
|
1.80
|
1.88
|
34
|
|
Bridge and road construction
within the area as set out in
|
|
|
|
|
subclause 4.34.4 (p.d.)
|
1.04
|
1.08
|
35
|
4.35
|
Morgues (p.h.)
|
0.67
|
0.70
|
36
|
4.36
|
Application of epoxy based
materials or materials of a
|
|
|
|
|
like nature (p.h.)
|
0.73
|
0.76
|
|
|
Application of such material in
buildings which are
|
|
|
|
|
normally air conditioned (p.h.)
|
0.50
|
0.52
|
|
|
Working in close proximity to
employees so engaged
|
|
|
|
|
(p.h.)
|
0.57
|
0.59
|
37
|
4.37
|
Bricklayers laying other than
standard bricks where block
|
|
|
|
|
weighs:
|
|
|
|
|
over 5.5 kg and under 9 kg
(p.h.)
|
0.57
|
0.59
|
|
|
9 kg or over and up to 18 kg
(p.h.)
|
1.01
|
1.05
|
|
|
over 18 kg (p.h.)
|
1.60
|
1.66
|
38
|
4.38
|
Bagging bricks or concrete
structures (p.h.)
|
0.53
|
0.55
|
39
|
4.39
|
Cleaning down brickwork using
acids or other corrosive
|
|
|
|
|
substances (p.h.)
|
0.53
|
0.55
|
40
|
4.40
|
Materials containing asbestos
(p.h.)
|
0.73
|
0.76
|
42
|
4.41
|
Operation of pneumatic tools of
2.75 kg or over (p.d.)
|
3.12
|
3.24
|
43
|
4.42
|
Operation of brick cutting
machine (p.h.)
|
0.73
|
0.76
|
44
|
4.43
|
Asbestos eradication (p.h.)
|
1.92
|
2.00
|
45
|
4.44
|
Employee required to work in an
Animal House (p.h.)
|
0.36
|
0.37
|
46
|
4.46
|
Employee of Roads and Traffic
Authority, Illawarra
|
|
|
|
|
region working in areas where
coal wash is being
|
|
|
|
|
unloaded, handled or spread
(p.h.)
|
0.57
|
0.59
|
47
|
6.1
|
Employee appointed to be in
charge of up to and
|
|
|
|
|
including five employees (p.w)
|
36.40
|
37.90
|
48
|
6.2
|
Employee appointed to be in
charge of more than five and
|
|
|
|
|
up to and including ten employees
(p.w.)
|
46.70
|
48.60
|
49
|
6.3
|
Employee appointed to be in
charge of more than ten
|
|
|
|
|
employees (p.w.)
|
61.20
|
63.60
|
Item
No.
|
Clause
|
Brief
Description
|
Amount
|
|
No.
|
|
$ (11/9/06)
|
50
|
8.1
|
Excess fares and travelling
time to and from place of work
|
18.40 p.d.
|
51
|
8.1.1
|
If employer provides or offers
to provide transport free of charge
|
7.40 p.d.
|
52
|
8.2
|
Excess fares and travelling to
and from work:
|
|
|
|
- first year apprentices (or
probationers)
|
15.40 p.d.
|
|
|
- to all other apprentices
|
17.90 p.d.
|
53
|
8.2.1
|
If employer provides or offers
to provide transport free of charge
|
|
|
|
- to first year apprentices
|
6.20 p.d.
|
|
|
- to all other apprentices
|
7.30 p.d
|
54
|
9.3.3
|
Meal allowance:
|
|
|
|
- after working in excess of
four hours
|
10.90
|
|
|
- for each subsequent meal
|
9.10
|
55
|
9.8
|
Tea Money:
|
|
|
|
- required to work overtime
for one and a half hours or more
|
|
|
|
without being notified on the
previous day or earlier, for a meal
|
10.90
|
|
|
- after each four hours on
continuous overtime, for each meal
|
9.10
|
56
|
14.4
|
Expenses of reaching home and
of transporting tools from distant
|
|
|
|
work
|
18.40
|
57
|
14.5.1
|
Allowance for board and
lodging:
|
|
|
|
- while on distant work
|
381.10 p.w.
|
|
|
- for broken parts of week
|
54.50 p.d.
|
58
|
14.6
|
Camping allowance
|
21.90 p.d
|
59
|
|
Deduction for rental of caravan
|
27.93
|
|
|
Allowance payable after deduction
|
238.60
|
60
|
14.7
|
Returning home for the weekend
from distant work
|
31.10
|
61
|
15.1
|
Chokages pipe or pump
|
6.96
|
62
|
15.2
|
Fouled equipment (p.d.)
|
6.96
|
63
|
4.34.1
|
First Aid qualifications (p.d.)
|
2.62
|
64
|
22.6.2
|
Supply of boots
|
30.90
|
|
|
Accrual of credit
|
1.54 p.w
|
65
|
23.2
|
Reimbursement for loss of tools
|
1,402.00
|
R. W. HARRISON D.P.
____________________
Printed by
the authority of the Industrial Registrar.