BUILDING INDUSTRY - CONTRACT FLOOR LAYER MINIMUM RATE ORDER AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review
of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 909
of 2001)
|
Before Mr Deputy President Sams
|
15
August 2001
|
REVIEWED AWARD
|
Clause No
|
Subject Matter
|
|
6.
|
Additional Conditions
|
|
7.
|
Adjustment of Rates
|
|
13.
|
Anti-Discrimination
|
|
19.
|
Area, Incidence and Duration
|
|
4.
|
Compensation for Travel Patterns, etc
|
|
3.
|
Cancellation and Service Charges
|
|
1.
|
Definitions
|
|
17.
|
Formula for Determining Rates
|
|
18.
|
Formula for Calculating the Hourly Rate
|
|
5.
|
Living Away from Home - Distant Work
|
|
8.
|
New Types of Floor Covering
|
|
11.
|
Payment
|
|
15.
|
Posting of Award
|
|
16.
|
Posting of Notices
|
|
10.
|
Rectification Work
|
|
2.
|
Rates of Payment
|
|
9.
|
Saturday, Sunday and Holiday Work
|
|
13.
|
Settlement of Disputes
|
|
12.
|
Workers' Compensation and Accident Pay
|
1. DEFINITIONS
For the purpose of this order:
1.1 "The
Act" means the Industrial Relations
Act 1996
1.2 "The Union" means the
Construction, Forestry Mining and Energy Union, Construction & General
Division, New South Wales Branch.
1.3 "Contract
Floor Layer" shall mean a person who carries out under a contract with a
principal contractor, floor-laying work
as defined, other than as an employee.
1.4 "Building Work" for the
purposes of section 110 of the Act means all work performed under this award in
connection with the erection, repair, renovation, maintenance, ornamentation or
demolition of buildings or structures, including the making, assembling or
fixing of woodwork and fittings in connection therewith, the making, preparing,
assembling and fixing of any material necessitating the use of tradesperson's
tools or machines including all work performed by stonemasonry classifications
and the prefabricating of a building in an open yard. For the purpose of this
definition "maintenance" is confined to persons employed by building
and construction industry employers respondent to this award.
1.5 "Floor Laying Work" means
work, carried out within the general category of "building work" as
defined in clause 1.4, involving the laying of vinyl tiles and sheeting, rubber
tiles or sheeting, cork tiles or sheeting, parquetry, floor sanding, synthetic
grass laying and all related work and substitute or similar finishings. Such related work shall include the handling
of all materials, the removal and/or demolition of existing materials, the
mixing of various applications or mixes and all preparatory and finishing work.
1.6 "Principal Contractor" shall
mean the person or company to whom the contract floor layer contracts and who
carries on the business of carrying out or performing or arranging for the
carrying out or performance of "floor laying work".
2. RATES OF PAYMENT
Schedule Of Commercial Rates
|
|
$
|
|
Daily Minimum Charge
|
113.88
|
|
Hourly Rate
|
30.81
|
|
Fixing Rates
|
|
|
Vinyl Tiles 20-49m2
|
5.46
|
|
50-100m2
|
4.36
|
|
100-249m2
|
3.28
|
|
250 and over
|
2.36
|
|
Sheet Vinyl (incl.
Welding)
|
|
|
20-49m2
|
6.18
|
|
50-249m2
|
4.23
|
|
250
and over
|
3.78
|
|
For Safety Vinyl
and Corlon
|
1.36
|
|
For Safety Vinyl
over 3mm
|
2.08
|
|
For Linoleum
|
2.08
|
|
Hardboard Underlay
(including supply of staples by contractor)
|
|
|
20-49m2
|
5.83
|
|
50m2 and over
|
4.00
|
|
Restaple Hardboard m2
|
1.68
|
|
Hardboard Underlay on pineboard
|
|
|
M2 Additional Rate
|
0.60
|
|
Decorative Tiles - VT rate + 50%
|
|
|
Decorative Tiles - Boarders and squares - Decorative Tile
+ 50%
|
|
|
Cork Tile - laying out m2
|
7.33
|
|
PVC nosing Lin Metre
|
3.70
|
|
Aluminium Nosing to Timber per lm
|
5.00
|
|
Aluminium Nosing to Concrete per lm
|
8.50
|
|
Stair Treads per lm
|
4.50
|
|
Stair Risers per lm
|
4.50
|
|
Treads and Risers covered per lm
|
8.00
|
|
Ripple trims to timber per lm
|
2.50
|
|
Ripple trims to concrete per lm
|
4.50
|
|
100mm skirting per lm
|
1.96
|
|
150mm skirting per lm
|
2.45
|
|
100mm flat skirting over carpet or smoothedge - per lm
|
2.56
|
|
150mm flat skirting over carpet or smoothedge - per lm
|
2.87
|
|
Reducing and capping strip - per lm
|
2.22
|
|
Preform cove - per lm
|
1.70
|
|
Stringer to walls per lm
|
3.86
|
|
Stringer to stairs per lm
|
10.25
|
|
Cementuous skim coat 1mm
|
1.84
|
|
Smoothing compound (k15/k10)
|
2.22
|
|
Above two items include priming and sanding
|
|
|
Cement based primer
|
1.82
|
|
Two pack primer
|
0.60
|
|
Grinding concrete - hourly rate
|
30.81
|
|
Acid etch etc - hourly rate
|
30.81
|
|
Fill expansion joints - hourly rate
|
30.81
|
|
Raking and cutting included in rates
|
|
|
Cover sheet vinyl up to 100mm height per lm
|
4.50
|
|
Cover sheet vinyl over 100mm height per lm
|
5.00
|
|
Rubber tiles m2
|
8.44
|
|
Sheet Vinyl to walls (incl. Welding)
|
10.87
|
|
Bulletin Board m2
|
14.52
|
|
Take Ups
|
|
|
Take up loose lay m2
|
1.39
|
|
Take up stuck m2
|
4.28
|
|
Take up PVA mr
|
7.05
|
|
Take up hardboard and coverings including
|
|
|
removal of staples m2
|
4.45
|
|
Take up stair tread nosing (PVC) - per lm
|
1.13
|
|
Take up stair tread nosing (Alum) - per lm
|
4.28
|
|
Bar Tops
|
35.22
|
|
Fares / Travel
|
|
|
Travelling time
outside metropolitan area per hour
|
26.15
|
|
Accommodation
per day
|
84.99
|
|
Travelling per
km return
|
0.77
|
|
Moving Furniture - Hourly Rate
|
30.81
|
|
Cancellation Fee
|
37.29
|
SCHEDULE OF DOMESTIC
FIXING RATES
|
Minimum Charge
|
$
|
|
183cm x 2m vinyls (except inlaid) - 1m
|
15.77
|
|
183cm inlaid vinyl (if layer supplies template paper - 1m
|
19.41
|
|
274cm vinyl - 1m
|
21.87
|
|
366cm x 4m vinyl - 1m
|
26.13
|
|
Daytile with border and squares m2
|
11.78
|
|
Vinyl tiles m2
|
9.14
|
|
Hardboard m2
|
6.54
|
|
K10 and Ardit (labour only) m2
|
2.45
|
|
PVA (labour only) m2
|
9.68
|
|
Additional rate for stairs in addition to rate per metre -
per stair
|
4.32
|
|
Cove skirting - 1m
|
3.87
|
|
Preform fillet - 1m
|
2.45
|
|
TAKE UPS:
Loose laid material per room
|
18.18
|
|
Stuck down including hardboard m2
|
9.14
|
|
Direct to subfloor m2
|
12.14
|
|
Electrical appliances, removal and replace - per appliance
|
6.04
|
|
MINIMUM CHARGES (labour only) PVA:
|
|
|
Laundry
|
113.88
|
|
Bathroom
|
113.88
|
|
Other areas (of total job etc)
|
65.07
|
|
Ardit Z8
|
65.07
|
|
Mastick K10
|
65.07
|
|
ACCESSORIES, TRIM ETC.
|
|
|
Small - 1m
|
2.64
|
|
Large - 1m
|
2.50
|
|
To supply
adhesive m2
|
0.84
|
|
CANCELLATION CHARGE: travel time to & from employers
premises to site at hourly rate
|
|
|
SERVICE CHARGE: If layer has to return to site to carry
out rectification not own fault - hourly rate plus the service charge shown
|
37.29
|
3. CANCELLATION AND SERVICE
CHARGES
3.1 If sent to a job which is then cancelled,
all travelling time spent travelling from the company premises to the job and
back to the company premises shall be paid at the travelling time rate as
prescribed under clause 4, Compensation for Travel Patterns, Mobility
Requirements of Contract Floor Layers and the Nature of Engagement in the
Construction Work Covered by this Award.
4. COMPENSATION FOR TRAVEL
PATTERNS, MOBILITY REQUIREMENTS OF CONTRACT FLOOR LAYERS AND THE NATURE OF
ENGAGEMENT IN THE CONSTRUCTION WORK COVERED BY THIS AWARD.
4.1 The following travel allowance shall
apply to contract floor layers engaged under the terms and conditions of this
award in New South Wales for travel patterns and costs peculiar to the
industry, which include mobility requirements of contract floor layers and the
nature of engagement on construction work.
(a) Where a contract floor layer travels
daily to a job located outside the counties of Cumberland, Northumberland or
Camden or from within any such county or from one such county to another or
travels daily outside a 50 kilometre radial area from the nearest post office
in the town where the principal contractor’s business is established (other
than on a construction job) the layer shall be paid travel time of $30.81 per
hour for all time spent travelling outside such counties or radial areas with a
minimum payment of 15 minutes each way and in 15 minute lots with the next 15
minute period being paid.
(b) In addition to the payments prescribed
under paragraph (a) of this clause, 37 cents per kilometre shall also be paid
for all travel outside such counties or radial areas prescribed in paragraph
(a).
5. LIVING AWAY FROM HOME -
DISTANT WORK
5.1 A contract floor layer shall be entitled
to $84.99 per day living away allowance when required to perform work on a job
at such distance from the layer's usual place of residence that the layer
cannot reasonably return to that place at night.
6. ADDITIONAL CONDITIONS
6.1 When fixing sheet vinyl to walls: the
rates herein do not include the cost of scaffolding and all scaffolding
required including steps to whatever height shall be paid by the principal
contractor in addition to the rates contained herein.
6.2 When performing take-ups: removal of
rubbish by the layer shall only be required on small installations and in such
situations that the layer can bring it back to the principal contractor's depot
or tip. The cartage cost is to be paid at the agreed rate under clause 2, Rates
of Payment, plus tip fees to be paid by the principal contractor. On large installations
the layer is to place the rubbish in an area as directed by the builder,
providing such area is adjacent to where the work is being performed or notify
the principal contractor that it is ready for pick-up and disposal.
7. ADJUSTMENT OF RATES
7.1 The rates prescribed by this award shall
be adjusted on a percentage basis which shall be the same percentage as that
which any increase in the wage and/or additional travelling time; and/or fares
allowance of the carpenter classification in the Building and Construction
Industry (State) Award bears to the total of the wage rates, additional
travelling time and fares allowance of that classification in the said award.
7.2 Should there be an alteration to the conditions
of the award, then the rates and conditions contained in this award shall be
reviewed accordingly.
8. NEW TYPES OF FLOOR COVERINGS
8.1 Where a new type of floor covering is
introduced or work is performed for which no rate is prescribed under this
award, the hourly rate shall apply pending an agreement being reached between
the CFMEU and the Floor Covering Association of N.S.W. If no agreement can be
reached the Industrial Relations Commission of New South Wales shall determine
the darg and the rate shall then be set in accordance with the formula
contained in clause 17 of this award.
9. SATURDAY, SUNDAY AND HOLIDAY
WORK
9.1 When a contract floor layer is required
and instructed by the principal contractor to work on Saturdays, Sundays or any
day which attracts penalty rates under the Building and Construction Industry
(State) Award he shall receive contract rates in accordance with clause 2,
Rates of Payment.
9.2 In addition, the layer shall be paid
penalty rates at half ordinary-time rates where the said award prescribes time
and a half rates, single ordinary-time rates where the said award prescribes
double time rates and time and a half ordinary-time rates where the said award
prescribes double time and a half rates.
9.3 Such
penalties shall be calculated in accordance with the overtime provisions of the
award.
10. RECTIFICATION WORK
10.1 The rates prescribed herein are rates,
which include the rectification necessary for any work of a deficient nature,
occasioned by the work of the contract floor layer but does not include the
cost of any materials used in such rectification work, the cost of which
materials shall be paid by the principal contractor.
10.2 When it is necessary to return to a job to
carry out rectifications that are no fault of the contract floor layer, a
service charge of $37.29 plus the hourly rate as prescribed under clause 2,
Rates of Payment, shall be paid.
11. PAYMENT
11.1 All rates, allowances and other monies due
shall be paid not later than the cessation of ordinary hours of work on Friday
of each working week.
11.2 Provided that in any week in which a
holiday falls on a Friday rates accrued shall be paid on the previous Thursday.
Nothing shall prevent any alternative mutual arrangement between a principal contractor
and contract floor layer.
11.3 The principal
contractor shall not keep more than one week's payment in hand.
11.4 Notwithstanding paragraphs 11.1, 11.2 and
11.3 all monies outstanding shall be paid at the completion of each job or not later
than the following payday.
12. WORKERS' COMPENSATION AND
ACCIDENT PAY
Principal contractors shall hold current workers
compensation insurance policies covering all layers engaged by them, as
required by the relevant workers' compensation legislation applying from time
to time.
13. ANTI-DISCRIMINATION
13.1 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 responsibility as a carer.
13.2 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.
13.3 Under the Anti-Discrimination Act 1977, it is unlawful to victimise any
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
13.4 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.
13.5 This clause does not create legal rights
or obligations in addition to those imposed upon the parties
by the
legislation referred to in this clause.
NOTES
(a) Employers and employees may also be subject to Commonwealth
anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination
Act 1977 provides:
"Nothing in the Act affects
any other act or practice of a body established to propagate religion that
conforms to the doctrines of that religion or is necessary to avoid injury to
the religious susceptibilities of the adherents of that religion."
14. SETTLEMENT OF DISPUTES
14.1 Where an employee or the workplace
delegate has submitted a request concerning any matter directly connected with
employment to a foreperson or a more senior representative of management and
that request has been refused, the employee may, if they so desire, ask the
workplace delegate to submit the matter to management and the matter shall then
be submitted by the workplace delegate to the appropriate executive of the
employer concerned.
14.2 If not settled at this stage, the matter
shall be formally submitted by the State Secretary of the CFMEU or his nominee,
to the employer.
14.3 If not settled at this stage, the matter
shall then be discussed between such representatives of the union, as the union
may desire and the employer, who may be accompanied by or represented by such
officers or representatives of an association of employers as the employer may
desire, including, where agreed, processing the dispute through locally
organised boards or committees set up by the parties for this purpose.
14.4 If the matter is still not settled, it
shall be submitted to the Industrial Relations Commission of New South Wales.
14.5 Where the above procedures are being
followed, work shall continue normally. No party shall be prejudiced as to
final settlement by the continuance of work in accordance with this subclause.
14.6 Notwithstanding anything contained in the
previous five (5) paragraphs, the respondents shall be free to exercise their
rights if the dispute is not finalised within seven (7) days of notification.
14.7 This clause shall
not apply to any dispute as to a bona fide safety issue.
15. POSTING OF AWARD
Section 361 of the Act, which provides for the exhibition of
industrial instruments in the workplace shall be a term of this award.
16. POSTING OF NOTICES
An employer shall not prevent an official of the union
authorised in writing in that behalf, from posting on an employer's premises or
job a copy of any official notice of the union provided such notice is of
reasonable size.
17. FORMULA FOR DETERMINING
RATES
The formula upon which the rates are determined under clause
2, Rates of Payment, is by multiplying the hourly rate by 38 and dividing by
the productivity norm or average darg over a 38-hour week.
18. FORMULA FOR CALCULATING THE
HOURLY RATE
18.1 The hourly rate
is calculated by adding together the following:
(1) The carpenter's wage as determined by
clauses 18.1, 24.1 and 24.3 of the Building and Construction Industry (State)
Award, as varied, from time to time.
(2) The value of the following provisions under the said award:
(a) Annual leave
(b) Annual leave loading
(c) Statutory holidays
(d) Sick leave
(e) Inclement weather
(f) Crib time
(a), (b), (c), (d), (e) and (f)
are to be determined in accordance with the formula used by Cordells Building Cost
Guide.
(3) The value of expenses incurred over and
above those already provided for in paragraph 2 of this subclause and excepting
those allowances prescribed elsewhere in this award.
(4) A self-employed loading of 33 1/3
percent of clause 18.1 of the Building and Construction Industry (State) Award.
18.2 Using the above calculation, the industry
rate from the first pay period commencing on or after 15 August 2001 is as
follows:
(1) $571.14 + 2, $171.79 + 3, $244.65 + 4,
$183.20 = $1170.78 divided by 38 =
$30.81 ph
19. AREA, INCIDENCE AND
DURATION
19.1 This award applies to the engagement of
contract floor layers (as defined) on floor laying work (as defined) in the
state of New South Wales, excluding the county of Yancowinna, by Tayweld Pty Limited.
19.2 This award is made following a review
under section 19 of the Industrial
Relations Act 1996 and rescinds and replaces the Building Industry -
Contract Floor Layer Minimum Rate Order (s.88FA order) Award published 4
September 1992 (271 I.G 626).
19.3 The award published 4 September 2001 took
effect from the beginning of the first pay period to commence on or after the 7
October 1987.
19.4 The changes made to the award pursuant 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 take effect on and from 15 August 2001.
19.5 The award remains in force until varied or
rescinded, the period for which it was made having already expired.
P. J. SAMS D.P.
____________________
Printed by the authority of the Industrial Registrar.