BUILDING AND CONSTRUCTION INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Construction, Forestry, Mining and Energy
Union (New South Wales Branch), industrial organisation of employees.
(No. IRC 4558 of 2003)
Before The Honourable
Justice Walton, Vice-President
|
30 March 2004
|
VARIATION
1. Delete clause
19, State Wage Case Adjustments, of clause 2, Arrangement, of the award
published 31 August 2001 (327 I.G. 279), and insert in lieu thereof the
following new clause:
19. Award
Restructuring in the Building and Construction Industry
2. Insert in
clause 2, Arrangement, the following new clause number and subject matter:
26. Superannuation
3. Renumber in
clause 2 Arrangement, clause 26, Accident Pay, to read as clause 26A.
26A. Accident Pay
4. Delete clause
4, Classification Definitions, and insert in lieu thereof the following:
4. Classification
Definitions
For the purpose of this award:
4.1 The Act means
the Industrial Relations Act 1996, as it may be amended from time to
time.
4.2 Bricklayer
means an employee employed on bricklaying or tuck pointing work. Without limiting the generality of the
foregoing the work of bricklayers may include: bricklaying, cleaning down
brickwork, brick cutting, tiling, setting pointed brickwork, firework, setting
coke slabs, coke bricks, cutting openings in brickwork, stone setting and the
laying of all types of blocks including concrete, masonry, terracotta, glass,
plaster, plastic and synthetic or reconstituted material blocks or bricks,
paving bricks and bricks, blocks or tiles laid in sand.
4.3 Bridge and
wharf carpentry means the carrying out or responsibility for, with or without
supervision, the marking out and the measurement of all timber including the
jointing, connecting and final dressing to size of hewn, sawn, round or dressed
timber, for the checking and seating of girders and corbels and other work
involving final measurement, cutting accurately to size and fitting of timber,
with or without plans, in or in connection with the erection, maintenance,
alteration, renovation or demolition of:
4.3.1 bridges,
culverts, wharves, piers, jetties, dolphins and similar types of work of heavy
engineering construction;
4.3.2 timber and
timber composite coal or metal storage bins and hoppers;
4.3.3 timber work on
gantries, towers, flying fox towers, swimming baths, tank stands, dam and
reservoirs on which an axe or adze is used in the preparation or fitting;
4.3.4 coffer-dams
apart from shipping;
4.3.5 cattle stops
and rabbit stops, ramps, buffer stops, water races, pits and heavy timber work
in railway platforms, trucking yards and stockyards;
4.3.6 generally all
heavy construction work which necessitates the use of an axe or adze in the
preparation and fitting of such carpentry work;
4.3.7 all false work
and concrete formwork in connection with any of the above-mentioned structures
except concrete formwork of special design or finish which requires the special
skill of a carpenter and joiner. In
each case the employer shall determine which portion of the formwork requires
the special skill of a carpenter and joiner;
4.3.8 bridge and
wharf carpentry shall not include any work in connection with the construction
or erection of buildings.
4.4 Carpenter and
joiner means an employee employed as a carpenter and/or joiner upon shop
fitting work or construction work as defined in this clause. Without limiting the generality of the
foregoing the work of carpenters may include:
4.4.1 work in
connection with prefabricated units;
4.4.2 the marking
out, lining, plumbing and levelling of steel formwork and supports thereto;
4.4.3 the stripping
of steel formwork shutters or boxing;
4.4.4 the erection of
curtain walling and the fixing of external wall cladding;
4.4.5 the erection of
suspended ceilings except where wet plaster is used;
4.4.6 the erection of
metal windows or doors;
4.4.7 the manufacture,
installation, alteration and/or repair of shopfronts, showcases, exhibitors
stands and interior fittings and fixtures in or on buildings,
Provided that:
(a) the drawing or
shaping of metal is not required in respect of 4.4.4, 4.4.5, 4.4.6 and 4.4.7
hereof; and
(b) nothing in this
definition shall be construed as giving a carpenter an exclusive right to work
specified in 4.4.3, 4.4.4, 4.4.5 and 4.4.6 hereof.
4.5 Carpenter-diver
means an employee engaged to do work (not being work specifically provided for
in the General Construction and Maintenance, Civil and Mechanical Engineering
(State) Award, as varied, from time to time, under water, requiring the use of
a recognised diving dress, which work, if done on the surface, would be the
work of a bridge and wharf carpenter as provided in and by this award and such
other work, if not done on the surface, as is ordinarily done by
carpenter-divers under water and is generally recognised to be their work in,
for example, and for example only, the construction, repair, demolition or
inspection of wharves, and/or bridges, piers, jetties, dolphins, slipways,
dams, reservoirs, coffer dams, bulkheads cylinders and caissons, (provided that
in the case of slipways, coffer dams, bulkheads and caissons they are not in a
recognised shipyard or dock,) the inspection of or salvage work on ships,
boats, barges, punts or pontoons and the removal of any obstructions or fouling
on such vessels. But without prejudice
to the present rights respecting salvage work and the removal of obstructions
or fouling on the described vessels of the Automotive, Food, Metals,
Engineering, Printing and Kindred Industries Union, New South Wales Branch.
4.6 Commission
means the Industrial Relations Commission of NSW.
4.7 Concrete
finisher means an employee other than a concrete floater engaged in the
finishing of concrete or cement work by hand not being a finish in marble
mosaic or terrazzo.
4.8 Concrete
floater means an employee engaged in concrete or cement work and using a wooden
or rubber screeder or mechanical trowel or wooden float or engaged in bagging
off or broom finishing or patching.
4.9 Construction
work
4.9.1 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.
4.9.2 For the purpose
of this definition maintenance is confined to employees employed by building and
construction industry employers respondent to this award.
4.10 Foreperson
means a Bridge and Wharf Carpenter who is given by the employer, or employer’s
agent, the responsibility for supervising the programming of work.
4.11 Foundation
shafts worker means a builder’s labourer employed on the sinking of shafts
which will exceed six metres in depth for foundations of buildings or upon
consequential steel fixing, timbering and concreting therein.
4.12 Hard Floor
Coverer shall mean without limiting the generality of the foregoing, persons
employed in the preparation and laying to walls and floors of vinyl tiles and
sheeting, cork tiles and sheeting, parquetry, and in the process of
floor-sanding (but not including French polishing) and all related work and
substitute or similar coverings but excluding carpet and linoleum.
4.13 Leading hand
means an employee who is given by the employer, or their agent, the
responsibility of directing and/or supervising the work of other persons, or in
the case of only one person the specific responsibility of directing and/or
supervising the work of that person.
4.14 Assistant
Powder Monkey" means a person assisting under the direct supervision of a
powder monkey in placing and firing explosive charges excluding the operation
of explosive power tools.
4.14.1 Assistant Rigger
-
(a) means a person
assisting under the direct supervision of a rigger in erecting or placing in
position the members of any type of structure (other than scaffolding and
aluminium alloy structures) and for the manner of ensuring the stability of
such members, for dismantling such structure or for setting up cranes or hoists
other than those attached to scaffolding and who has attained the national
uniform occupational health and safety certificate of competency.
Shall include an employee either performing rigging
work that is an integral part of, or is incidental to a tradesperson's work or
work that is an integral part of or is incidental to, cranage operations.
(b) An employee
classified or employed as an assistant rigger shall be assisted by their
employer in the completion of their WorkCover Authority Training Logbook or
equivalent paperwork, needed towards the attainment of the national uniform
occupational health and safety certificate of competency by signing authentic
daily entries.
(c) Not more than
one assistant rigger shall be employed in any rigging gang (including leading
hand and dogger ) when the number of employees in the gang does not exceed
five.
4.15 Marker or
setter out means an employee mainly employed marking and/or setting out work
for other employees.
4.16 Operator of
explosive-powered tools means an employee qualified in accordance with the laws
and regulations to operate explosive-powered tools.
4.17 Painter means
an employee engaged in any manner whatsoever in:
4.17.1 The painting
and/or decorating of or in connection with all buildings and structures, plant,
machinery and equipment, fences and posts (commercial, residential, industrial
or otherwise).
4.17.2 The painting of
or in connection with prefabricated buildings and structures, plant machinery
and equipment (commercial, residential, industrial or otherwise) and any
prefabricated or other parts of prefabricated buildings and structures as
aforementioned.
4.17.3 Without limiting
the generality of the foregoing the work of painters includes:
(a) the painting
of pipe lines, conduits, valves, condensers, cocks, control and/or regulating
stations or substations, and/or pumping, suction siphon, or booster stations or
sub-stations and/or storage holders, pressure regulating holders and/or
trestles, bridges, viaducts pylons, and any other supports, and all machinery
and appurtenances relating to the foregoing on water land or sea, used or to be
used for the purpose of storing and/or regulating and/or conveying liquids or
gases including natural oils and gases;
(b) paperhanging,
applying and/or fixing wall hangings or coverings, decorating, kalsomining,
distempering, plastic relief and texture work, graining, marbling, gilding,
enamelling, varnishing and lacquering and the replacement of glass;
(c) the mixing of
and/or application of and/or fixing of paint or like matter or substitute or
mixtures or compositions or compounds texture or plastic coating and finishes
or other decorative or protective coating and/or finishes, or putty, stopping
or caulking mixtures, compositions or compounds, oils, varnishes,
water-colours, lacquers, stains, wallpapers, wall hangings, or coverings,
coatings, and/or other materials used in the painting and decorating trade with
a brush, spray, roller or other tool or remove paint or like matter or
substitutes or mixtures or compositions or compounds for texture or plastic
coatings and finishes or other decorative coating and/or finishes or putty,
stopping or caulking mixtures, compositions or compounds, oils, varnishes,
water-colours, lacquers, stains, wallpapers, wall hangings, or coverings, or
other materials used in the painting and decorating trade by heat, flame, water
solvents, electrical mechanical, air-powered or hand tools or by grit, shot or
other abrasives or by any other means and the preparation of the work and
materials required in any of the aforementioned branches of the trade.
4.18 Ordinary time
means rates as calculated in accordance with 18.1 - Wage rates of this award.
Time and one half means ordinary time plus 50%.
Double time means ordinary time plus 100%.
Double time and one half means ordinary time plus 150%.
4.19 Plasterer means
an employee employed on internal and/or external plastering and/or cement,
including without limiting the generality of the foregoing, finishing and/or
topdressing and/or patching concrete work, rendering with all forms of plaster
including applying and finishing acoustic, insulating or fireproofing materials
bonded with plaster, plastic, cementations or similar substances, waterproofing
work in cement, bitumen or similar substances, waterproofing work in cement,
bitumen, plaster or patent material, granolithic floor laying (i.e. floors laid
with material or aggregate consisting of marble chips, blue stone toppings,
crushed slag or similar material), press cement work, cement floors (including
magnesite and/or composition floors), marble mosaic paving, terrazzo and
similar work texture or pebble finish work formed in cement, plaster, asbestos,
vermiculite, pearlite or other expanded aggregate or patent materials, sewer
and/or tunnel plastering including the rendering of manholes, pits, sumps,
tanks and filter beds, lathing for plastering work scagliola and similar work,
plaster, fibrous plaster, plaster glass casting and fixing, ceiling fixing,
plaster board fixing and plaster board cornice manufacture and fixing, whether
all of the foregoing is done by manual or mechanical means together with any of
the work defined for the following specialist categories:
4.19.1 Assistant means
an employee engaged in assisting or labouring and who is otherwise not
classified, in 4.19., 4.19.2, 4.19.3, 4.19.4, 4.19.5.
4.19.2 Caster means an
employee employed in any or all of the following duties: The cleaning and
greasing of benches and moulds, the gauging of plaster, plastic or cement, the
bedding of fibre and all reinforcements, ruling and trowelling of casts, used
for the purpose of making and/or casting fibrous plaster, plaster glass,
plastic or pressed cement work.
4.19.3 Fixer means an
employee employed on the work of fixing or finishing of fibrous plaster,
plaster glass or similar material, gypsum plasterboard, and other composite
boards when flush joined or plaster products and includes the spraying by
manual or mechanical means of light-weight aggregates when used for decorative
and fire prevention purposes. Fixing of acoustic tiles, in-fill panels and
cornices of an earth base including all necessary suspensions and fixings.
4.19.4 Floor layer
specialist means an employee employed on the work of the top-dressing on
concrete work, whether finished in cement, terrazzo, marble, granolithic, bitumen,
magnesite, and similar substances by manual or mechanical means and all such
concrete work incidental to the preparation and laying of such floors steps or
risers.
4.19.5 Shophand means
an employee who performs any or all of the following duties: The interpretation of plans and detailing of
any work from them in the preparation of work for the modeller, the making of
all plaster or cement piece moulds, wax moulds, fibreglass mounts, or moulds of
any description used for the purpose of making and/or casting fibrous plaster,
plaster glass, plaster, plastic, fibreglass, or pressed cement work.
4.20 Refractory
bricklayer means a bricklayer skilled in the performance of the work required
in the laying of refractory brickwork, the use of pliable, castable, ramable,
moulding and insulating materials and the use of tools and machines necessary
for the carrying out of this work with refractory materials, including the use
of hand held nozzle or gunite type of appliance other than by cement gun or
shotcreter, in the construction or alteration of repairs to boilers, flues,
furnaces, retorts, kilns, ovens, ladles and similar structures and instruments
used in refractory work, together with refractory work associated with acid
stills, acid furnaces, acid towers and all other acid resisting brickwork.
4.21 Refractory
bricklayer’s assistant means an employee wholly or substantially assisting a
Refractory bricklayer (as defined).
4.22 Roof tiler,
slater, shingler, ridger or roof fixer
4.22.1 means an
employee of the trade or calling of tiling roofs or fixing roofing sheets of
asbestos, fibro, fibrolite or cement mixtures and accessories, sisal Kraft,
pabcotile and all accessories made of the same materials and which, without
limiting the meaning of the above shall include: terracotta, glazed,
semi-glazed roofing tiles, cement tiles, slates, fibro slates, tiles, asbestos,
fibrolite, fibro, fibrous mixtures, cement and any mixtures that may replace or
be used in conjunction with the foregoing or any materials incidental thereto
or in place thereof, and work incidental to the above work including battening
for tiles, tying, nailing or carrying tiles, etc, and the laying and/or
pointing of ridges and barges.
4.22.2 this definition
shall not extend to fixing or applying to, or in connection with roofs,
malthoid and all bituminous roofing materials and all accessories.
4.23 Scaffolder
4.23.1 means a person
engaged substantially in the erecting or altering or dismantling of any
structure or framework used or intended to be used in building operations:
(a) to support
workers or material; or
(b) to support
framework; or
(c) as a temporary
support for members or parts of a building.
Where such structure or frame work is composed of
standards and/or ledgers and/or padlocks or any combination of these components
normally used in scaffolding work.
4.23.2 Nothing in this
definition shall extend to:
(a) any
scaffolding used or intended to be used to support workers or materials which is
not intended to be erected to a height over five metres; or
(b) any work
relating to formwork which consists solely of the tying together of occasional
pieces of scaffolding tube to acrow or similar type props; or
(c) any work which
consists of a structure or framework composed solely of timber.
4.24 Signwriter
means an employee who in addition to having a knowledge of painting, staining
and varnishing, does any of the following work:
4.24.1 signwriting,
designing and/or lettering of price tickets and show cards;
4.24.2 pictorial and
scenic paintings, or production of signs and posters by means of stencils
screens or like methods or any other work incidental thereto including cut-out
displays of all descriptions, pictorial scenic or lettering;
4.24.3 and without
limiting the generality of the foregoing shall include:
(a) lettering of
every description, size or shape applied by brush on any surface or material
which, without limiting its meaning shall include stone, wood, iron, metal,
brick, cement, glass (plain or fancy), canvas, paper, calico, sheeting,
bunting, silk, satin, wire blinds;
(b) designing for
windows, posters, show window and theatre displays, honour rolls, illuminated
addresses, neon signs, stencils, display banners.
(c) gilding, i.e.
the application of gold, silver, aluminium or any metal leaf to any surface;
(d) designing and
laying out of cut-out displays of all descriptions, either pictorial, scenic or
lettering;
(e) screen process
work, i.e. the designing, setting up and the operation for duplication of signs
on any material, whether on paper, fabric, metal, wood, glass or any similar
material.
4.24.4 Without limiting
the general meaning, signwriting work shall include the making of stencils and
stencilling by screens or any other method and the making and/or fixing of
transfers.
4.25 Special class
tradesperson
4.25.1 means a
tradesperson carpenter and/or joiner, bricklayer, plasterer or stonemason who is
engaged on work or restoration, renovation, preservation or reconstruction of
historical or National Trust type buildings, the performance of which requires
the use of complex, high quality trade skills and experience which are not
generally exercised in normal construction work.
4.25.2 For the purpose
of this definition complex and high quality trade skills and experience shall
be deemed to be acquired by the tradesperson:
(a) having had not
less than twelve months on-the-job experience of such skilled work; and
(b) having, by
satisfactory completion of a prescribed post trade course, or other approved
course, or the achievement of knowledge and competency by other means,
including the on-the-job experience in 4.25.2(a) hereof, as will enable the
tradesperson to perform such work unsupervised where necessary and practical,
to the required standard of skilful execution.
4.25.3 For the purpose
of this definition the following are deemed to be prescribed post trade courses
and recognised throughout the locality of this award:
Building Certificate Course - New South Wales.
4.25.4 Provided that
nothing in this subclause shall prevent the parties proceeding to have the
matter determined in accordance with clause 11 - Disputes resolution procedure
of this award.
4.26 Stonemasonry
4.26.1 Carver means an
employee on construction work (as defined) who carves any kind of stonework,
which does not come within the definition of stonemason in clause 4.26.7 of
this award for the decoration of buildings or other stonework from a model or
freehand design.
4.26.2 A dimension
stone quarry means any place from which stone to a stated size is excavated,
but shall not include a place where stone is excavated for the purpose of being
used as ballast filling or random rubble, nor does it include the excavation of
basements or the excavation of the foundations of buildings.
4.26.3 Floor layer
means an employee who lays floors in terrazzo or similar composition in which
marble, slate, or similar stones are used in the making thereof, and shall
include persons casting or laying down precast work, but shall not include
persons assisting or labouring in the operation.
4.26.4 Letter cutter
means an employee on construction work (as defined) who marks out, cuts or
finishes letters in any kind of stone or artificial or reconstituted stone.
4.26.5 Machinist means
an employee on construction work (as defined) who operates a machine for the
sawing, gritting, dressing, facing or polishing of all kinds of stone,
composition or reconstituted stone, terrazzo or similar compositions.
4.26.6 A quarry worker
means an employee engaged in a dimension stone quarry and who in the course of
this work performs toe-grooving, block lifting, scabbling or cutting stones to
size by the use of hammers, picks, gads, wedges and/or machines.
4.26.7 Stonemason
(a) means an
employee on construction work (as defined) engaged in the dressing, setting,
fixing, coping, drilling or boxing up of any kind of stone, including terrazzo,
composition or other reconstituted stone, by hand or machine, that has to be
cut to a mould or template, or which has to be proven by a square or straight
edge or set to a line or level, and includes a worker who fixes manufactured
stone to the facade of a building or the building of stone veneer in random or
ashlar; the restoration and colouration of decayed stone including the
preparation and use of materials or liquids of any sort necessary for such
work.
(b) The dressing
and/or setting of all kinds of masonry shall be regarded as masons’ work, but
if no mason be immediately available, a competent tradesperson may set plain
sills, steps, templates, windows or door heads.
4.26.8 Stonemason’s
assistant means a person employed in the industry assisting or labouring and
who otherwise is not classified in 4.26.
4.26.9 Stoneworker
means a worker who does all or any of the following classes of work, whether
hammer dressed or sawn:
(a) Foundation
work;
(b) Building random
rubble uncoursed or building squared rubbled in courses or regular coursed
rubble and dressing quoins or shoddies in connection with any such work;
But this definition shall not itself be taken to
prejudice or affect the right of any other classes of tradesperson to do any
class or kind of work they have hitherto been accustomed to do.
4.27 Tile layer
means, without limiting the meaning of the word tile layers, persons employed
in the laying or fixing of tiles, faience, mosaic, ceramic, opalite, and the
like not exceeding in measurement 930 square centimetres when such opalite and
the like is fixed with cement composition.
4.27.1 Aggregate
means the material forming the bulk or mass of a mixture.
4.27.2 Architrave
means the moulding at the top and sides of a door or a window opening.
4.27.3 Dado
means the lower part of a wall.
4.27.4 Encaustic
tile means an inlaid tile of two or more colours.
4.27.5 Faience
means glazed terracotta.
4.27.6 Grout
means the liquid for filling joints.
4.27.7 Matrix,
means that in which the aggregate is bedded.
4.27.8 Nosing
means a round edge tile.
4.27.9 Rendering
means a coating of mortar.
4.27.10 Reveal
means the return into a window or a door jamb.
4.27.11 Rise
means the height of a step; the height of an arch from the springing line to
the crown.
4.27.12 Scratch
coat means a coating of mortar well scratched to give a good key.
4.27.13 Ceramic
means an article made of baked clay. In the tile trade the word is used to
designate a tile made of compressed clay and silica which is rather glassy or
vitreous in nature and will not absorb water.
4.27.14 Chipping
off means cutting away mortar or concrete, with a sharp edge tool, such as a
hammer or chisel.
4.27.15 Mortar
means a combination of sand, cement, either fireclay or lime, and water.
4.27.16 Mosaic
means small bits of tile, stone, glass etc, which form a surface designed of
intricate pattern. Often laid over mortar or metal.
4.27.17 Pointing
means filling joints with mortar or repairing holes. (see tuck pointing).
4.27.18 Quarry
means tiles which are large and thick similar to slabs of stone cut in a
quarry. These are vitreous tiles and require no soaking.
4.27.19 Riser
means the upright portion of a stair step which supports the front of the
tread. The part which keeps the toe from getting under the tread.
4.27.20 Screed
means a strip of wood, often two inches by four inches, set down a guide for
attaining a level surface of concrete. In the tile trade it refers to a piece
of wood used as a straight edge.
4.27.21 Terrazzo
means a type of floor or wall finish obtained by imbedding small sized pebbles
or crushed rock in concrete and grinding and polishing the surface to a smooth
finish.
4.27.22 Tuck pointing
means filling in crevices, as with mortar, mastics, etc.
4.27.23 Unglazed
means without a glaze referring to pressed and baked tiles, with a smooth
earthy surface.
4.27.24 Vitreous
means glassy in texture and containing sand which has been melted. Vitreous
tiles will not absorb water.
4.27.25 Sill
means the bottom part of a window opening.
4.27.26 Skirting
means the lowest part of a wall.
4.27.27 Soffit
means the top of a window or door opening.
4.27.28 String
course means a course of tiles running parallel to the step nosing in a
staircase.
4.27.29 Terracotta
means a kind of hard pottery, mostly used for facing buildings.
4.27.30 Tread
means the top of a step, exclusive of the nosing.
4.28 Union shall
mean the Construction, Forestry, Mining and Energy Union, Construction &
General Division (New South Wales Branch).
5. Delete clause
5, General Definitions, and insert in lieu thereof the following:
5.1 Direct
Supervision means in relation to 4.14.1 and 4.14.2 that the powder monkey or
rigger, as the case may be, must be present on the job to guide the work during
its progress.
5.2 Employee means
a person employed by an employer (as defined) under this award performing the
work within the scope of this award and includes an apprentice.
5.3 Employer means
an employer covered by this Award.
5.4 Trainee
Apprentice means an employee who, under conditions prescribed by this award, is
serving a period of training without an indenture of apprenticeship for the
purpose of rendering them fit to be a qualified worker in that calling.
5.5 Indentured
Apprentice means an employee who is serving a period of training under an
indenture for the purpose of rendering them fit to be a qualified worker in a
trade.
5.6 Probationer"
means a person employed in a trade with a view to ascertaining their
suitability for engagement as an indentured apprentice.
5.7 "Apprentice"
includes trainee apprentice.
5.8 "New
South Wales" shall be taken as the State of New South Wales excluding the
Country of Yancowinna.
5.9 Notes in the
text of this award do not form part of this award.
6. Delete
clauses 18, Classifications and Wage Rates, and insert in lieu thereof the
following:
18. Classifications
and Wage Rates
18.1 Wage Rates -
Tradespersons and Labourers
(a) Wage Rates -
New Classification Structure
Subject to subclause (c) of this clause, the following
amounts shall be applied where appropriate for the purposes of the calculation
of the hourly rate under 18.3 of this award.
Classification
|
Weekly Rate
|
Relativity
|
|
$
|
%
|
|
|
|
Construction Worker Level 8 (CW8)
|
646.60
|
125
|
Construction Worker Level 7 (CW7)
|
623.70
|
120
|
Construction Worker Level 6 (CW6)
|
602.90
|
115
|
Construction Worker Level 5 (CW5)
|
584.00
|
110
|
Construction Worker Level 4 (CW4)
|
563.20
|
105
|
Construction Worker Level 3 (CW3)
|
542.30
|
100
|
Construction Worker Level 2 (CW2)
|
523.60
|
96
|
Construction Worker Level 1 (CW1(d))
|
510.20
|
92.4
|
Construction Worker Level 1 (CW1(c))
|
498.60
|
90
|
Construction Worker Level 1 (CW1(b))
|
490.20
|
88
|
Construction Worker Level 1 (CW1(a))
|
477.70
|
85
|
(b) All wages
shall be paid on a weekly basis provided that is shall be an implied term in
any contract that an employer shall be at liberty to deduct from the weekly
wage of an employee an amount proportionate to the time lost by an employee
arriving late for work
(c) Wage Rates -
Guide to Translated Classifications and Transitional Arrangements
(i) The following
provisions shall apply employees of an employer at the time of the introduction
of the New Classification Structure, and to any new employees engaged during
the phase-in of the new classification structure.
(ii) An employer
shall classify existing employees in accordance with the following table. That is, an employee employed by an employer
at the time of the introduction of the new classification structure shall have
their new classification and corresponding hourly rate determined in accordance
with the table.
(iii) Employees
engaged by an employer after the introduction of the new classification
structure shall be classified in accordance with the relevant provisions of
clause 19. The hourly rates in the
table below shall apply during the phase-in of the new classification
structure.
(iv) The following
hourly rates have been calculated in accordance with 18.3 of this award. These rates include industry allowance, the
relevant tool allowance (where applicable) foreperson and sub-foreperson
allowance, carpenter-diver allowance, special allowance and the follow-the-job
loading. The parties shall review the
hourly rates as the weekly rates in subclause (a) of this clause are adjusted.
Old Wage Group
|
New
|
Hourly Rate on
|
2nd instalment at
|
Hourly Rate
|
|
Wage
|
making of new
|
time of SWC
|
on completion
|
|
Group
|
structure
|
increase
|
of phase-in*
|
|
|
|
|
(11/12/04)
|
|
$
|
$
|
$
|
$
|
Carpenter Diver
|
CW8
|
23.83
|
23.83
|
23.83
|
Foreperson (as defined)
|
CW8
|
20.88
|
20.88
|
20.88
|
Sub-Foreperson
|
CW7
|
19.69
|
19.69
|
19.69
|
Carver
|
CW5
|
17.06
|
17.21
|
17.21
|
Special Class Tradesperson
|
|
|
|
|
(Carpenter and/or Joiner,
|
|
|
|
|
Stonemason)
|
CW5
|
16.82
|
17.02
|
17.21
|
Special Class Tradesperson
|
CW5
|
16.71
|
16.91
|
17.11
|
(Plasterer)
|
|
|
|
|
Special Class Tradesperson
|
|
|
|
|
(Bricklayer)
|
CW5
|
16.64
|
16.84
|
17.04
|
Marker or Setter Out (Artificial
|
|
|
|
|
Stoneworker, Stonemason,
|
|
|
|
|
Bridge and Wharf Carpenter,
|
|
|
|
|
Carpenter and/or Joiner,
|
|
|
|
|
Marble and Slate worker)
|
CW4
|
16.65
|
16.65
|
16.65
|
Marker or Setter Out (Caster,
|
|
|
|
|
Fixer, Floor layer Specialist,
|
|
|
|
|
Plasterer )
|
CW4
|
16.54
|
16.54
|
16.54
|
Marker or Setter Out
|
|
|
|
|
(Bricklayer, Tile layer,
|
|
|
|
|
Hard Floor Coverer)
|
CW4
|
16.47
|
16.47
|
16.47
|
Marker or Setter Out (Roof
|
|
|
|
|
Tiler, Slate Ridger or
|
|
|
|
|
Roof Fixer)
|
CW4
|
16.36
|
16.36
|
16.36
|
Marker or Setter Out (Painter)
|
CW4
|
16.19
|
16.19
|
16.19
|
Letter Cutter
|
CW4
|
16.65
|
16.65
|
16.65
|
Signwriter
|
CW4
|
16.04
|
16.19
|
16.19
|
Artificial Stoneworker,
|
|
|
|
|
Carpenter and/or Joiner,
|
|
|
|
|
Bridge and Wharf Carpenter,
|
|
|
|
|
Marble and Slate Worker,
|
|
|
|
|
Stonemason
|
CW3
|
16.08
|
16.08
|
16.08
|
Caster, Fixer, Floor layer
|
|
|
|
|
Specialist, Plasterer
|
CW3
|
15.97
|
15.97
|
15.97
|
Bricklayer, Tile layer
|
CW3
|
15.90
|
15.90
|
15.90
|
Roof Tiler, Slate Ridger, Roof
|
|
|
|
|
Fixer
|
CW3
|
15.79
|
15.79
|
15.79
|
Painter,
|
CW3
|
15.63
|
15.63
|
15.63
|
Shophand
|
CW3
|
15.48
|
15.48
|
15.48
|
Quarry worker
|
CW3
|
15.48
|
15.48
|
15.48
|
Labourer (1) - Rigger, Dogger
|
CW3
|
15.48
|
15.48
|
15.48
|
Machinist
|
CW3
|
15.14
|
15.31
|
15.48
|
Labourer (2) - Scaffolder (as
|
|
|
|
|
defined), Powder Monkey,
|
|
|
|
|
Hoist or Winch Driver,
|
|
|
|
|
Foundation Shafts worker
|
|
|
|
|
(as defined), Steel
|
|
|
|
|
Fixer including Tack Welder,
|
|
|
|
|
Concrete Finisher (as defined)
|
CW2
|
14.97
|
14.97
|
14.97
|
Labourer (3) - Trades labourer,
|
CW1(d)
|
14.61
|
14.61
|
14.61
|
Jack Hammer man, Mixer
|
|
|
|
|
Driver(concrete), Gantry
|
|
|
|
|
Hand or Crane Hand,
|
|
|
|
|
Crane Chaser, Cement
|
|
|
|
|
Gun Operator, Concrete
|
|
|
|
|
Cutting or Drilling Machine
|
|
|
|
|
Operator, Concrete Gang
|
|
|
|
|
including Concrete Floater (as
|
|
|
|
|
defined), Roof Layer (malthoid
|
|
|
|
|
or similar material), Dump
|
|
|
|
|
Cart Operator, Concrete
|
|
|
|
|
Formwork stripper,
|
|
|
|
|
Mobile Concrete Pump
|
|
|
|
|
Hoseman or Line Hand
|
|
|
|
|
Plasterer’s Assistant
|
CW1(d)
|
14.61
|
14.61
|
14.61
|
Terrazzo Assistant
|
CW1(d)
|
14.61
|
14.61
|
14.61
|
Labourer (4) - Builders
|
|
|
|
|
Labourer other than as
|
|
|
|
|
specified herein)
|
CW1(c)
|
13.99
|
14.14
|
14.29
|
(d) Supplementary
payments as set out in this clause represent payments in lieu of equivalent
overaward payments.
(e) Overaward payment
means the amount in rates of pay which an employee would receive in excess of
the minimum award wage (i.e. base rate, arbitrated safety net and supplementary
payment) as prescribed in this award for the classification in which such
employee is engaged. Provided that this definition shall exclude overtime,
shift allowances, penalty rates, expense related allowances, industry
allowances, tool allowances, disability allowances, location allowances,
special rates or allowances, responsibility allowances and any other ancillary
payments of a like nature prescribed by this award.
(f) The rates of
pay in this award include the adjustments payable under State Wage Case
2003. These adjustments may be offset
against:
(i) any
equivalent overaward payments and/or
(ii) award wage
increases since 29 May, 1991 other than Safety Net, State Wage Case and minimum
rates adjustments
18.1.2 Wage Rates -
Apprentices
18.1.2.1 Carpenters,
Joiners, Bricklayers, Painters, etc., Plasterers, etc., Roof Tilers, Fibrous Plasterer,
Plasterboard Fixer, Stonemasons, Tile layers, Floor laying.
(i) Indentured
Apprentice - The minimum rates of wages for four-year apprentices shall be as
follows:
|
Base Rate
|
Industry
|
Special
|
|
|
Per Week
|
Allowance
|
Allowance
|
Total Per
|
|
|
Per Week
|
Per Week
|
Week
|
|
$
|
$
|
$
|
$
|
1st year
|
180.30
|
20.40
|
17.10
|
217.80
|
2nd year
|
263.30
|
20.40
|
25.30
|
309.00
|
3rd year
|
348.90
|
20.40
|
32.50
|
401.80
|
4th year
|
408.70
|
20.40
|
38.70
|
467.80
|
(ii) Trainee
Apprentice
|
Base Rate
|
Industry
|
Special
|
|
|
Per Week
|
Allowance
|
Allowance
|
Total Per
|
|
|
Per Week
|
Per Week
|
Week
|
|
$
|
$
|
$
|
$
|
1st year
|
202.40
|
20.40
|
18.40
|
241.20
|
2nd year
|
295.80
|
20.40
|
27.80
|
344.00
|
3rd year
|
383.80
|
20.40
|
35.30
|
439.50
|
4th year
|
431.00
|
20.40
|
40.10
|
491.50
|
18.1.2.2 Civil
Engineering Construction Carpenters:
|
Base Rate
|
Industry
|
Special
|
|
|
Per Week
|
Allowance
|
Allowance
|
Total Per
|
|
|
Per Week
|
Per Week
|
Week
|
|
$
|
$
|
$
|
$
|
1st year
|
219.60
|
20.40
|
20.00
|
260.00
|
2nd year
|
313.10
|
20.40
|
28.10
|
361.60
|
3rd year
|
388.20
|
20.40
|
35.30
|
443.90
|
4th year
|
459.70
|
20.40
|
41.40
|
521.50
|
18.1.2.3 Pilot
Three Year Bricklayers’ Course
(a) These rates
apply to apprentices who are engaged through the Master Builders’ Association
of New South Wales and the Housing Industry Group Apprenticeship Schemes and
who are enrolled or to be enrolled in the pilot three year Technical and
Further Education course.
(b) These rates
shall also apply whilst the apprentice is attending college in the following
fashion:
Year I
|
First 8 weeks - full time at 35 hours per week
|
|
28 weeks - 1 day per week
|
|
|
Year II
|
36 weeks - 1 day per week
|
(c) The above
provisions relating to the pilot bricklayers course, the course itself, and the
rates herein prescribed shall only apply to employed apprentices.
(d) Leave is reserved
in relation to the payment applicable during attendance at college for the
advanced modules (30 weeks - 1 day per week, i.e. 6 x 40 hour modules) for
those apprentices who have successfully completed the requirements of year II.
(i) Indentured Apprentices:
The minimum rate of wages for three year apprentice
bricklayers shall be as follows:
|
Base Rate
|
Industry
|
Special
|
|
|
Per Week
|
Allowance
|
Allowance
|
Total Per
|
|
|
Per Week
|
Per Week
|
Week
|
|
$
|
$
|
$
|
$
|
1st year
|
|
|
|
|
1st six months
|
176.30
|
20.40
|
16.80
|
213.50
|
2nd six months
|
256.60
|
20.40
|
24.80
|
301.80
|
2nd year
|
340.10
|
20.40
|
31.90
|
392.40
|
3rd year
|
398.90
|
20.40
|
37.90
|
457.20
|
(ii) Trainee
Apprentices:
The minimum rate of wages for three year apprentice
bricklayers shall be as follows:
|
Base Rate
|
Industry
|
Special
|
|
|
Per Week
|
Allowance
|
Allowance
|
Total Per
|
|
|
Per Week
|
Per Week
|
Week
|
|
$
|
$
|
$
|
$
|
1st year
|
|
|
|
|
1st six months
|
192.20
|
20.40
|
18.00
|
230.60
|
2nd six months
|
280.20
|
20.40
|
27.30
|
327.90
|
2nd year
|
363.70
|
20.40
|
34.60
|
418.70
|
3rd year
|
408.30
|
20.40
|
39.30
|
468.00
|
18.1.2.4 Pre-apprenticeship
credits
(1) Bricklaying,
Carpentry and Joinery
(a) Any person
under 21 years of age entering the trade of bricklaying who has successfully
completed the pre-apprenticeship course of 18 weeks' duration conducted by the
Department of Technical and Further Education shall serve a three-year period
of apprenticeship and the wage shall commence at the second year rate of pay
and shall continue for a period of twelve months, at which time the apprentice
shall be progressed to the third year rate.
(b) Any person
under 21 years of age entering the trade of bricklaying or carpentry and
joinery who have successfully completed the pre-apprenticeship course in either
of those trades of 36 weeks' duration conducted by the Department of Technical
and Further Education shall serve a 33-months period of apprenticeship and the
wage shall commence at the second year rate and continue for a period of nine
months, at which time the apprentice shall be progressed to the third year
rate.
(c) Any person
under 21 years of age entering the trade of carpentry and joinery who has
successfully completed the pre-apprenticeship course in that trade of 54 weeks'
duration conducted by the Department of Technical and Further Education shall
serve a 30-month period of apprenticeship, commencing at the second year rate
and progressing to the third year rate after 6 months.
(d) A person who
is regarded by the Department of Technical and Further Education as not having
completed all of the requirements of a pre-apprenticeship course but as having
successfully completed the equivalent of at least one stage of the trade course
shall be entitled to have his/her period of apprenticeship shortened by six
months, provided that the application is supported by a statement from the
Department of Technical and Further Education that the student is regarded as
having successfully completed that stage and as a consequence is entitled to
proceed to stage two of the trade course.
For the purposes of determining wages payable under the
scale of rates fixed for a four-year term, the credit to which an apprentice is
entitled, subject to this subclause, shall be counted as part of the
apprenticeship term completed.
(2) Painting,
decorating and Signwriting
(a) Any person
under the age of 21 years entering the trade of Painting and Decorating,
Painting, Decorating and Signwriting or Signwriting, who has successfully
completed the pre-employment course Stage 1 conducted by the Department of
Technical and Further Education, shall serve a three-year apprenticeship and the
wage shall commence at the second year rate.
(b) Any person
under 21 years of age entering the trade of Painting and Decorating, Painting,
Decorating and Signwriters or Signwriting, who has completed the
pre-apprenticeship course Stages I and II conducted by the Department of
Technical and Further Education shall serve a two and one-half year period of
apprenticeship and the wage shall commence at the second year rate for a period
of six months, at which time the apprentice shall be progressed to the third
year rate.
(3) Tile laying
(a) Any person
under 21 years of age entering the trade of tile laying who has successfully
completed the pre-apprenticeship course of 18 weeks' duration conducted by the
Department of Technical and Further Education shall serve a 3-year period of
apprenticeship and the wage shall commence at the second year rate.
(b) Any person
under 21 years of age entering the trade of tile laying who has successfully
completed the pre-apprenticeship course of 36 weeks' duration conducted by the
Department of Technical and Further Education shall serve a two and a half year
period of apprenticeship commencing at the 2nd year rate and continuing for a
period of six months, at which time the apprentice shall be progressed to the
3rd year rate.
(c) A person who
is regarded by the Department of Technical and Further Education as not having
completed all of the requirements of a pre-apprenticeship course but as having
successfully completed the equivalent of at least one stage of the trade course
shall be entitled to have his/her period of apprenticeship shortened by six
months, provided that the application is supported by a statement from the
Department of Technical and Further Education that the student is regarded as
having successfully completed that stage and as a consequence is entitled to
proceed to stage two of the trade course.
18.1.3 Adult
Apprentices
Definition - An adult apprentice means an employee
engaged as an apprentice who at the time of apprenticeship is of or above the
age of 21 years.
18.1.3.1 Carpenters,
Joiners, Bricklayers, Painters, etc., Plasterers, etc., Roof Tilers, Fibrous
Plasterer, Plasterboard Fixer, Stonemasons, Tile layers, Floor laying
(i) Indentured
Apprentices:
|
Base Rate
|
Industry
|
Special
|
|
|
Per Week
|
Allowance
|
Allowance
|
Total Per
|
|
|
Per Week
|
Per Week
|
Week
|
|
$
|
$
|
$
|
$
|
1st year
|
298.80
|
20.40
|
17.10
|
336.30
|
2nd year
|
298.80
|
20.40
|
25.30
|
344.50
|
3rd year
|
353.20
|
20.40
|
32.50
|
406.10
|
4th year
|
411.40
|
20.40
|
38.70
|
470.50
|
(ii) Trainee
Apprentices:
|
Base Rate
|
Industry
|
Special
|
|
|
Per Week
|
Allowance
|
Allowance
|
Total Per
|
|
|
Per Week
|
Per Week
|
Week
|
|
$
|
$
|
$
|
$
|
1st year
|
298.80
|
20.40
|
18.40
|
337.60
|
2nd year
|
301.40
|
20.40
|
27.80
|
349.60
|
3rd year
|
387.60
|
20.40
|
35.30
|
443.30
|
4th year
|
433.20
|
20.40
|
40.10
|
493.70
|
18.1.3.2 Civil
Engineering Construction Carpenters - for adult apprentices the minimum rates
shall be as follows:
|
Base Rate
|
Industry
|
Special
|
|
|
Per Week
|
Allowance
|
Allowance
|
Total Per
|
|
|
Per Week
|
Per Week
|
Week
|
|
$
|
$
|
$
|
$
|
1st year
|
298.80
|
20.40
|
20.00
|
339.20
|
2nd year
|
316.90
|
20.40
|
28.10
|
365.40
|
3rd year
|
392.00
|
20.40
|
35.30
|
447.70
|
4th year
|
461.10
|
20.40
|
41.40
|
522.90
|
18.2 Special
allowance
(a) Tradespersons
and Labourers shall be paid a special allowance of $7.70 to compensate for the
following matters:
(i) The non-incidence
of overaward payments in the building industry.
(ii) Excess
travelling time incurred by employees in the Building Industry.
(iii) The removal
of loadings from various Building awards consequent upon the introduction of
this award in the industry.
(b) The apprentice
rates of pay in clauses 18.1.2 & 18.1.3 include a special allowance. The special allowance is to compensate for
the following matters.
(i) The
non-incidence of overaward payments in the building industry.
(ii) Excess
travelling time incurred by employees in the building industry.
(iii) The removal
of loadings from this award consequent upon the introduction of paid rates
awards in the industry.
18.3 Hourly rate
calculation - Follow the Job Loading
The calculation of the hourly rate for employees other
than apprentices shall take into account a factor of eight days in respect of
the incidence of loss of wages for periods of unemployment between jobs.
For this purpose the hourly rate, calculated to the
nearest cent (less than half a cent to be disregarded) shall be calculated by
multiplying the sum of the appropriate amounts prescribed in Clauses 18.1.1(a)
- Weekly Rates, Clause 24.1 - Industry Allowance, Clause 24.2 - Underground
Allowance (where applicable), Clause 24.3 - Tool Allowance (where applicable)
and clause 18.7 - Foreperson and Sub-foreperson Allowance, of this award by
fifty-two over fifty point four, rounded to the nearest cent, adding to that
subtotal the amount prescribed in 18.2 - Special Allowance herein and dividing
the total by thirty-eight, provided that in the case of a carpenter/diver, the
divisor shall be thirty-one.
18.4 Leading hands
18.4.1 A person
specifically appointed to be a leading hand (as defined) shall be paid at the
rate of the undermentioned hourly amounts above the hourly rates of the highest
classification supervised, or the employees own rate, whichever is the highest
in accordance with the number of persons in the employees charge.
|
Weekly base
|
Per hour
|
|
$
|
$
|
In charge of not more than one person
|
13.00
|
0.35
|
In charge of two and not more than five persons
|
28.70
|
0.78
|
In charge of six and not more than ten persons
|
36.60
|
0.99
|
In charge of more than ten persons
|
48.80
|
1.32
|
18.4.2 The hourly rate
prescribed herein is calculated to the nearest cent, less than half a cent to
be disregarded, by multiplying the weekly base amount by 52 over fifty point
four (52/50.4) and dividing by 38 and the said amount shall apply for all
purposes of this award (provided that in the case of a carpenter-diver the
divisor shall be 31). The conditions to
the payment of the base rate set out in 18.1 hereof shall apply, the necessary
changes being made, to payments under this subclause.
18.5 Carpenter - Diver
allowance
Employees undertaking work normally performed by a
carpenter-diver shall be paid 65 cents per hour in addition to the amount
prescribed by clause 18.3 which shall be regarded as part of the wage rates for
all purposes of the award
18.6 Differential
for re-paint work
The hourly rate for painters on re-paint work shall be
calculated at five cents per hour less than the hourly rate prescribed in 18.3
hereof for painters on other than re-paint work.
18.7 Foreperson and
Sub Foreperson Allowances
A Bridge and Wharf carpenter engaged or employed as a
foreperson or sub-foreperson upon civil engineering construction projects in
the supervision of maintenance, demolition, or removal of such work.
Classification
|
Per Week
|
|
$
|
|
|
Foreperson (as defined)
|
72.40
|
Sub-Foreperson
|
52.10
|
18.8 Refractory work
18.8.1 Application
This subclause shall apply to employers with respect to
employees engaged in the construction, alteration or repairs to:
(a) Boilers,
flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work;
(b) Acid furnaces,
acid stills, acid towers and all other acid resisting brickwork.
18.8.2 Refractory
bricklaying allowance
A special allowance to compensate for disabilities associated
with the work of refractory bricklaying shall be paid as follows:
Classification
|
Per hour
|
|
$
|
|
|
Refractory Bricklayer
|
1.42
|
Refractory Bricklayer’s Assistant
|
1.22
|
This allowance shall be paid in lieu of all special rates
prescribed in clause 25 of this award except 25.2 Hot Work and 25.3 Cold Work,
and shall be regarded as part of the wage for all purposes of the award.
18.8.3 Apprentices
An apprentice refractory bricklayer shall be paid the
bricklayer’s apprenticeship wage rate prescribed in 18.1.2 if a junior
apprentice or 18.1.3 if an adult apprentice and the Refractory Bricklayer’s
allowance prescribed by 18.8.2 hereof.
7. Delete clause
19, State Wage Case Adjustments, and insert in lieu thereof the following new
clause:
19. Award
Restructuring in the Building and Construction Industry
19.1 Guidelines for
implementation
19.1.1 Clause 18.1 of
the National Building and Construction Industry Award 2000 contains a new
classification structure consistent with the August 1989 National Wage Case
decision (Print H9100). That new
classification structure implements the decisions of the Australian Industrial
Relations Commission in Prints K3850, K7300, L2207, L8499, PR912836 and
PR921120 of the Australian Industrial Relations Commission. The new classification structure has been
inserted into this Award as a result of the provisions of clause 8 of this
Award.
19.1.2 The new
classification structure in 18.1 shall be read in conjunction with this clause.
19.1.3 No existing
employee’s rate of pay shall be reduced as a result of the introduction of the
new classification structure.
19.1.4 Any increase in
an employee’s rate of pay arising from minimum rates adjustments may be
absorbed into existing over award payments (within the meaning of the
Commission’s Principles).
19.1.5 Wherever
possible, consultative committees comprising equal numbers of employee and
employer representatives shall be established.
Matters raised for consideration of the consultative committee shall be
related to implementation of the new classification structure, the facilitative
provisions contained in this award and matters concerning training.
19.2 Definition of
key concepts and terms
19.2.1 Australian
qualifications framework or AQF refers to the system of competency based
training and certification.
19.2.2 Civil
Construction Stream includes all related skills involved in earthmoving and
associated activity and does not extend beyond the scope of this award.
19.2.3 Fields
of work means a defined grouping of logically related skills based on an
efficient organisation of work.
19.2.4 General
Construction Stream includes all fields of work principally concerned with the
erection of new structures or buildings (including demolition and pre-construction)
and fit out and finishing activities relating to newly constructed or existing
buildings or structures, and does not extend beyond the scope of this award.
19.2.5 Industry
accredited course or nationally accredited course is a course which has been
constructed to reflect a group of standards which the CTA has endorsed as being
appropriate combinations of skills to be available to the industry.
19.2.6 CTA
means Construction Training Australia. CTA shall be the recognised authority
(for the purposes of this subclause) responsible for developing competency
standards for consideration and endorsement by the National Training
Board/Australian National Training Authority.
19.2.7 New
entrant means an employee who has never previously worked within the scope of
any of the following awards:
National Building and Construction Industry Award 2000;
Building and Construction Industry (ACT) Award 1991,
The (Print K0679 (B0171));
Building and Construction Industry (Northern Territory)
Award 1996 (Print N6856 (B0035));
National Metal and Engineering (On-site) Construction
Industry Award 1989 (Print H8482 (N0100));
Australian Workers’ Union Construction and Maintenance
Award 1989 (Print J0179 (A0516));
Plumbing Trades (Southern States) Construction Award
1999 (Print R5910 (P0092));
Plumbing Industry (New South Wales) Award 1999 (Print
R5904 (P0111));
Plumbing Industry (Qld and WA) Award 1999 (Print R5911
(P0090));
Sprinkler Pipe Fitters’ Award 1998; The (Print Q5148
(S0091));
Building Crane Drivers (State) Award.
including any federal award which was superseded by the
making of these awards, or any state counterpart award covering the same
industries and/or callings as the federal awards cited. If there is any doubt as to the status of an
employee in this regard, the following documentation may be regarded as prima
facie evidence that an employee is not a new entrant:
documentary evidence concerning registration with any
of the construction industry portable long service leave schemes;
documentary evidence concerning contributions into an
approved industry superannuation fund (e.g. C+BUS);
documentary evidence concerning membership of a union
party to any of the above awards in the building and construction industry.
(a) The new
entrant classification does not apply to persons who were employed in the
building and construction industry prior to the introduction of this subclause.
Existing employees are subject to the translation arrangements set out in 19.6
hereof.
(b) As the purpose
of introducing the new entrant level is not to displace existing employees, but
to facilitate the introduction of a career path, an employer shall not
purposely "turn over" employees within the new entrant classification
as an alternative to engaging employees on an ongoing basis.
Provided that nothing contained in this clause shall
prevent a party from submitting a dispute about the status of an employee in
this regard under the disputes procedure contained in this award.
19.2.8 Recognition
of Prior Learning or RPL means the formal recognition of skill attained through
on the job experience and/or training and may include formal qualifications
(such as overseas qualifications), which have hitherto been unrecognised.
19.2.9 Self-directed
Work Area Team or WAT means a group of employees who work as a team to plan and
execute functions relevant to their employers business. Work Area Teams are
generally autonomous of direct managerial supervision and perform their tasks in
a way which maximises productivity and the utilisation of skills.
19.2.10 Streams
or Skill streams means a broad grouping of skills related to a particular phase
or aspect of production and does not extend beyond the scope of this award.
19.2.11 Supervision:
This subclause recognises two levels of supervision which are as follows:
(a) General
Supervision applies to a person who:
receives general instructions, usually covering only
the broader technical aspects of the work; and
may be subject to progress checks but such checks are
usually confined to ensuring that, in broad terms, satisfactory progress is
being made; and
has their assignments reviewed on completion; and
although technically competent and well experienced
there may be occasions on which the person will receive more detailed
instructions.
(b) Limited
Supervision applies to a person who:
receives only limited instructions normally confined to
a clear statement of objectives; and
has their work usually measured in terms of the
achievement of stated objectives; and
is fully competent and very experienced in a technical
sense and requires little guidance in the performance of work.
19.3 Classifications
and related issues
19.3.1 Classifications
(a) Construction
Worker Level 1 (CW1)
|
Relativity to
tradesperson
|
CW1 (a): (new entrant):
|
|
Upon commencement in the industry
|
85%
|
|
|
CW1 (b):
|
|
After three months in the industry
|
88%
|
|
|
CW1 (c):
|
|
After twelve months in the industry
|
90%
|
CW1 (d):
|
|
|
|
Upon fulfilling the substantive requirements of
Construction
|
92.4%
|
Worker 1, as detailed below
|
|
(i) A
Construction Worker Level 1 (CW1) works under general supervision in one or more
skill streams contained within this award. An employee at CW1(d) will:
have successfully completed, in accordance with RPL
principles, a construction skills test equivalent to the required competency
standards; or
have successfully completed a relevant structured
training program equivalent to the required competency standards.
(ii) Skills and
duties
An employee at CW1 level performs work to the extent of
their skills competence and training. Employees will acquire skills both formal
and informal over time and with experience, and will undertake indicative tasks
and duties within the scope of skills they possess.
An employee at this level may be part of a
self-directed Work Area Team (WAT), and may be required to perform a range of
duties across the two main skill streams contained within this award. An
employee at this level:
works from instructions and procedures;
assists in the provision of on-the-job training to a
limited degree;
coordinates work in a team environment or works
individually under general supervision;
is responsible for assuring the quality of their own
work;
has a qualification in first aid.
(iii) Indicative of
the tasks which an employee at this level may perform include the following:
uses precision measuring instruments;
basic material handling functions;
operate small plant and pneumatic machinery;
inventory and store control;
operate a range of hand tools and oxy welding
equipment;
has a knowledge of the construction process and understands
the sequencing of construction functions;
is able to provide first aid assistance to other
employees.
(iv) The CW1
classification incorporates the following broad banded award classifications:
Builders’ Labourer Group 4;
Plasterer, Terrazzo or Stonemason’s Assistant;
Trades Labourer;
Jackhammer person;
Gear Hand;
Assistant Rigger;
Assistant Powder Monkey;
Steel Erector;
Aluminium Alloy Structural Erector (whether
prefabricated or otherwise);
Mixer Driver (concrete);
Gantry Hand or Crane Hand;
Crane Chaser;
Cement Gun Operator;
Drilling Machine Operator;
Concrete Gang, including concrete floater (as defined);
Roof Layer (Malthoid or similar material);
Dump Cart Operator;
Concrete Pump Hoseperson or Line Hand;
Concrete Formwork Stripper.
(v) An employee at
this level may be undergoing training so as to qualify as a Construction Worker
Level 1(d) or 2. Where possible, an employee at Levels 1(a), 1(b) and 1(c)
shall be provided with access to accredited structured training approved by
CTA.
(b) Construction
Worker Level 2 (CW2) - Relativity to tradesperson - 96%
(i) A
Construction Worker Level 2 (CW2) works under limited supervision in one or
more skill streams contained within this award. A CW2 will:
have completed in accordance with RPL principles a
Construction Skills Test equivalent to the required competency standards; or
have completed relevant structured training equivalent
to the required competency standards.
(ii) Skills and
duties
An employee at this level performs work to the extent
of their skills competence and training. Employees will acquire skills both
formal and informal over time and with experience, and will undertake
indicative tasks and duties within the scope of skills they possess.
An employee at this level may be part of a
self-directed Work Area Team (WAT) and be may responsible for the supervision
of one or more employees working at CW1 level.
An employee at this level:
can interpret plans and drawings relevant to their
functions;
assists with the provision of on-the-job training;
assumes responsibility for allocating tasks within a
Work Area Team within the area of the employees skill competence and training;
has some responsibility for the order and purchase of
materials within defined parameters;
is able to sequence functions relevant to the
employee’s Work Area Team;
applies quality control techniques to the employee’s
own work and other employees within the Work Area Team.
(iii) Indicative of
the tasks which an employee at this level may perform include the following:
calculates safe loads and stress factors;
measures accurately using specialised equipment;
non-trades maintenance of relevant plant and equipment;
anticipates and plans for constant changes to the work
environment.
(iv) The CW2
classification incorporates the following broad banded award classifications:
Scaffolder (as defined);
Powder Monkey;
Hoist or Winch Driver;
Foundation Shafts worker (as defined);
Steel fixer;
Tack Welder;
Concrete Finisher.
(v) An employee at
this level may be undergoing training so as to qualify as a Construction Worker
Level 3.
(c) Construction
Worker Level 3 (CW3) - Relativity to tradesperson - 100%
(i) A
Construction Worker Level 3 (CW3) works individually or in a team environment
in one or more skill streams contained within this award. A CW3 will:
have successfully completed a relevant trade
apprenticeship or its AQF equivalent; or
have successfully completed, in accordance with RPL
principles, a Construction Skills Test for this level; or
have successfully completed the required competency
standards.
any one of which shall qualify the employee as a
Construction Worker Level 3.
(ii) Skills and duties
An employee at this level performs work to the extent
of their skills competence and training. Employees will acquire skills both
formal and informal over time and with experience, and will undertake
indicative tasks and duties within the scope of skills they possess.
An employee at this level may be responsible for the
supervision of one or more employees working at CW1 or CW2 level.
An employee at this level:
understands and applies quality control techniques;
exercises good interpersonal and communication skills;
exercises measuring and calculation skills at a higher
level than CW2;
exercises discretion within the scope of this grade;
performs work of a trades or non-trades nature which is
incidental or peripheral to the employees main function and facilitates the
completion of the whole task;
is able to inspect products
and/or materials for conformity with established
operational standards;
assists in the provision of on-the-job training.
(iii) Indicative
tasks which an employee may perform at this level include the following:
allocates functions within a Work Area Team;
production sequencing and materials handling of a level
more advanced than CW2;
trade skills associated with certificated trades within
the scope of this award;
has a sound understanding of the construction process.
(iv) The CW3
classification incorporates the following broad banded award classifications:
Rigger-Dogger;
Artificial Stoneworkers;
Bricklayers;
Bridge and Wharf Carpenter;
Carpenter and/or Joiner;
Caster;
Fixer;
Floor Layer Specialist;
Glazier;
Marble and Slate worker;
Painter;
Plasterer;
Quarry worker;
Roof tiler;
Slate Ridge or Roof Fixer;
Stonemason;
Roof Fixer;
Tile layer;
Hard Floor Coverer.
(v) An employee at
this level may be undergoing training so as to qualify as a Construction Worker
Level 4.
(d) Construction
Worker Level 4 (CW4) - Relativity to tradesperson - 105%
(i) A
Construction Worker Level 4 (CW4) works in one or more skill streams contained
within this award. A CW4 will:
have successfully completed the relevant structured
training in addition to the requirements of CW3; or
have successfully completed, in accordance with RPL
principles, a Construction Skills Test equivalent to the requirements of this
level;
either of which shall qualify the employee as a
Construction Worker Level 4.
(ii) Skills and
duties
An employee at this level performs work to the extent
of their skills competence and training. Employees will acquire skills both
formal and informal over time and with experience, and will undertake
indicative tasks and duties within the scope of skills they possess.
An employee at this level may be part of a
self-directed Work Area Team (WAT), and may be required to perform a range of
duties across the two main construction skill streams contained within this
award.
An employee at this level:
exercises skills attained through satisfactory
completion of the training prescribed for this classification;
exercises discretion within the scope of this grade;
works under limited supervision either individually or
in a team environment;
understands and implements quality control techniques;
provides guidance and assistance as part of a work
team;
exercises advanced trades and non-trade skills relevant
to the specific requirements of the industry or enterprise at a higher level
than CW3.
(iii) Indicative
tasks which an employee may perform at this level include the following:
exercises precision trade and non-trade skills using
various materials and specialised techniques at a higher level than CW3;
operates, and maintains plant and machinery;
is able to plan construction sequencing.
(iv) The CW4
classification incorporates the following broad banded award classifications:
Marker-Setter Out;
Letter Cutter;
Signwriter.
(v) An employee at
this level may be undergoing training so as to qualify as a Construction Worker
Level 5.
(e) Construction
Worker Level 5 (CW5) - Relativity to tradesperson - 110%
(i) A
Construction Worker Level 5 (CW5) works in one or more skill streams contained
within this award. A CW5 will:
have successfully completed the relevant structured
training in addition to the requirements of CW4; or
have successfully completed, in accordance with RPL
principles, a Skills Test equivalent to the requirements;
either of which shall qualify the employee for a
Construction Worker Level 5.
(ii) Skills and
duties
An employee at this level performs work to the extent
of their skills competence and training. Employees will acquire skills both
formal and informal over time and with experience, and will undertake
indicative tasks and duties within the scope of skills they possess.
An employee at this level may be part of a
self-directed Work Area Team (WAT), and may be required to perform a range of
duties across the two skill streams contained in this award.
An employee at this level:
exercises skills attained through satisfactory
completion of the training prescribed for this classification;
exercises discretion within the scope of this grade;
provides trades guidance and assistance as part of a
work team;
assists in the provision of training in conjunction
with supervisors and trainers;
understand and implements quality control techniques;
works under limited supervision either individually or
in a team environment.
(iii) Indicative
tasks which an employee may perform at this level include the following:
exercises precision trade and/or operative skills using
various materials and specialised techniques at a higher level than CW4;
operates, and maintains complex plant and machinery;
is able to plan complex construction sequencing.
(iv) The CW5
classification incorporates the following broad banded award classifications:
Special Class Trades;
Carver;
And includes a refractory bricklayer
(v) An employee at
this level may be undergoing training so as to qualify as a Construction Worker
Level 6.
(f) Construction
Worker Level 6 (CW6) - Relativity to tradesperson - 115%
(i) A
Construction Worker Level 6 (CW6) works in one or more skill streams contained
within this award. A CW6 will:
have successfully completed the relevant structured
training in addition to the requirements of CW5; or
have successfully completed, in accordance with RPL
principles, a Construction Skills Test equivalent to the requirements of this
level;
either of which shall qualify the employee for a
Construction Worker Level 6.
(ii) Skills and
duties
An employee at this level performs work to the extent
of their skills competence and
training. Employees will acquire skills both formal and informal over time and
with experience, and will undertake indicative tasks and duties within the
scope of skills they possess.
An employee at this level may be part of a
self-directed Work Area Team (WAT), and may be required to perform a range of
duties across the skill streams contained within this award.
An employee at this level:
exercises skills attained through satisfactory
completion of the training prescribed for this classification;
exercises discretion within the scope of this grade;
provides trades guidance and assistance as part of a
work team;
provides training in conjunction with supervisors and
trainers;
works under limited supervision either individually or
in a team environment;
(iii) Indicative
tasks which an employee may perform at this level include the following:
operates plant and equipment at a higher level of skill
than CW5;
exercises high precision trade and/or operative skills
using various materials and specialised techniques at a higher level than CW5;
implements quality control techniques;
plans complex construction sequencing.
(iv) The CW6
classification does no incorporate any of the broad banded award
classifications.
(v) An employee at
this level may be undergoing training so as to qualify as a Construction Worker
Level 7.
(g) Construction
Worker Level 7 (CW7) - Relativity to tradesperson - 120%
(i) A Construction
Worker Level 7 (CW7) works in one or more skill streams contained within this
award. A CW7 will:
have successfully completed the relevant structured
training in addition to the requirements of CW6; or
have successfully completed, in accordance with RPL
principles, a Construction Skills Test equivalent to the requirements of this
level;
either of which shall qualify the employee for a
Construction Worker Level 7.
(ii) Skills and
duties
An employee at this level performs work to the extent
of their skills competence and training. Employees will acquire skills both
formal and informal over time and with experience, and will undertake
indicative tasks and duties within the scope of skills they possess.
An employee at this level may be part of a self-directed
Work Area Team (WAT), and may be required to perform a range of duties across
the skill streams contained within this award.
An employee at this level:
exercises skills attained through satisfactory
completion of the training prescribed for this classification;
exercises discretion within the scope of this grade;
provides training in conjunction with supervisors and
trainers;
understand and applies quality control techniques;
prepares complex reports;
contributes to the design of work, and the application
of labour;
assists in the supervision or organisation of Work Area
Teams.
(iii) Indicative
tasks which an employee may perform at this level include the following:
works on plant and equipment at a higher level of skill
than CW6;
exercises high precision trade and/or operative skills
using various materials and specialised techniques at a higher level than CW6;
implements quality control techniques;
plans complex construction sequencing.
(iv) The CW7
classification incorporates the following broad banded award classifications:
Sub-Foreperson
(v) An employee at
this level may be undergoing training so as to qualify as a Construction Worker
Level 8.
(h) Construction
Worker Level 8 (CW8) - Relativity to tradesperson - 125%
(i) A
Construction Worker Level 8 (CW8) works in one or more skill streams contained
within this award. A CW8 will:
have successfully completed the relevant structured
training in addition to the requirements of CW7; or
have successfully completed, in accordance with RPL
principles, a Construction Skills Test equivalent to the requirements of this
level;
either of which shall qualify the employee for a
Construction Worker Level 8.
(ii) Skills and
duties
An employee at this level performs work to the extent
of their skills competence and training. Employees will acquire skills both
formal and informal over time and with experience, and will undertake
indicative tasks and duties within the scope of skills they possess.
An employee at this level may be part of a
self-directed Work Area Team (WAT), and may be required to perform a range of
duties across the three skill streams contained within this award.
An employee at this level:
exercises skills attained through satisfactory
completion of the training prescribed for this classification;
exercises discretion within the scope of this grade;
designs training programs in conjunction with relevant
supervisors and trainers;
understand and applies quality control techniques;
prepares complex reports;
contributes to the design of work and the application
of labour.
(iii) Indicative
tasks which an employee may perform at this level include the following:
works on plant and equipment at a higher level of skill
than CW7;
exercises high precision trade and/or operative skills
using various materials and specialised techniques at a higher level than CW7;
implements quality control programs;
plans complex construction sequencing.
(iv) The CW8
classification incorporates the following broad banded award classifications:
Carpenter-Diver
Foreperson (as defined)
19.3.2 Allocation to
skill streams contained within this award
(a) Workers from Level
2 to Level 8 inclusive shall be primarily employed in either the General
Construction or the Civil Construction Stream.
(b) As the purpose
of streams is not to create demarcations but to facilitate appropriate
combinations of training within the industry, employees shall work across
streams provided that the appropriate training, where required, has been
provided.
19.3.3 Classification
disputes
(a) It is
recognised that from time to time disputes may arise as to the proper
classification of a position or job to be filled by an employee. In the event
that a dispute as to the proper classification or reclassification of a
position or job does arise Clause 11 - Settlement of Disputes, shall apply.
(b) In any case, in
determining the appropriate classification of a position or job to be filled by
an employee, an employer will pay full regard to:
the nature and skill requirements of the position to be
filled;
the skill level and certification of the employee;
the experience and qualifications of the employee in:
relevant indicative tasks nominated in this subclause;
and/or
competency standards against which an employee is
accredited.
Any agreed national procedures established for testing
the validity of an employees claim for reclassification.
19.3.4 Skill based
career structure
(a) Existing
employees shall transfer to the new classification structure on the basis of
existing award rates of pay in accordance with the translation in 19.4.1
hereof. Upon translation existing employees shall be regarded as satisfying the
requirements of the new skill level to which they translate. However, in
seeking upward reclassification an employee shall be required to demonstrate
that the employee meets the full requirements of the higher skill level in
accordance with the criteria outlined in this paragraph.
(b) The
classification structure is designed to facilitate the improvement of the level
of skills of the workforce and to provide a career path for all employees. It
is drafted to achieve the objectives of the 1989 National Wage Case Principles.
(c) Accordingly,
each classification level builds upon the previous level so that the value of
an employee to the industry and their employer increases as the employee
progresses through the structure.
Skills are built up in a sequential manner through job learnt skills and
structured training and the new industry training framework developed by CTA
reflects this intent.
(d) Under the new
classification structure, an employee’s building and construction industry
skills are to be formally recognised, industry wide, at all levels from new
entrant to Construction Worker Level 8.
Employees will move up the classification structure as they acquire
additional accredited skills. Payment
will be on the basis of the level of skills required to perform the work of a
particular position or job offered by an employer.
19.3.5 Training
(a) In order to
facilitate the operation of the classification structure in 19.3.1 hereof an
employer shall, in cooperation with the consultative committee develop a
training programme consistent with:
the size, structure and scope of the activities of the
employer;
the need to develop vocational skills relevant to the
enterprise and the building and construction industry generally through courses
conducted by accredited educational institutions and providers.
(b) Where, as a
result of consultation in accordance with this clause it is agreed that
additional training should be undertaken by the employee, that training may be
taken either on or off the job. Provided that if the training is undertaken
during normal working hours the employee concerned shall not suffer any loss of
pay. The employer shall not unreasonably withhold such paid training leave.
(c) Any costs associated
with standard fees for prescribed course and prescribed textbooks (excluding
those textbooks which are contained in the employers technical library)
incurred in connection with the undertaking of training pursuant to 19.3.5(b)
hereof shall be reimbursed by the employer upon the production of evidence of
such expenditure. Provided that reimbursement shall be subject to the
presentation of reports of satisfactory progress.
(d) Travel costs
incurred by an employee undertaking training in accordance with this clause
pursuant to 19.3.5(b) hereof which exceed those normally incurred travelling to
and from work shall be reimbursed by the employer.
(e) Any disputes
arising from the operation of this clause shall be subject to the disputes
resolution procedure contained in clause 11 of this award.
19.4 Translation and
rates of pay
19.4.1 Translation
(a) All employees
who are not already classified under the new classification structure shall
transfer from their current classification to the new classification structure
on the basis of their existing award classification rate in accordance with
18.1.1(c) of this award.
(b) No employee
shall unreasonably refuse to undertake training provided by the employer in paid
work time which would enable the employee to fulfil the substantive
requirements of the skill level to which they have translated as a result of
the introduction of this subclause. In seeking upward reclassification an
employee shall be required to demonstrate that the employee meets the full
requirements of the higher skill level in accordance with the criteria outlined
in this section.
19.4.2 Rates of pay
(a) This section
details the rates of pay applicable under this subclause. Payment is for skills
used, and employees performing work in a job at their skills classification in
that field of work shall be entitled to the minimum rates of pay contained
herein by virtue of
translation to the new structure as detailed in
18.1.1(c) hereof; or
by having fulfilled the criteria outlined in the skills
classification definitions.
(b) Clause 19.6.2
hereof shows the rate of pay applicable upon translation.
19.4.3 Hourly rates of
pay
For the purposes of this subclause, the hourly rates of
pay are set out in 18.1.2 of this award.
8. Delete
subclause 21.5 Transfers, of clause 21, Inclement Weather, and insert in lieu
thereof the following:
21.5 Transfers
Employees shall accept transfer to an area or site not
affected by inclement weather if, in the opinion of the employer, useful work
is available in that area or site, and that work is within the scope of the
employees skill, competence and training consistent with the classification
structure contained in this subclause and the employer provides, where necessary,
transport.
9. Insert after
clause 25, Special Rates, the following new clause:
26. Superannuation
Superannuation Legislation - The subject of superannuation
is dealt with extensively by federal legislation including the Superannuation
Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee
Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth)
and the Superannuation (Resolution of Complaints) Act 1993 (Cth)
(collectively the superannuation legislation) and s.124 of the Industrial
Relations Act 1996. This
legislation, as varied from time to time, governs the superannuation rights and
obligations of the parties.
26.1 Definitions
For the purposes of this clause:
26.1.1 "Fund"
means a complying superannuation fund, as that term is used in the
Superannuation legislation.
26.1.2 "Ordinary
time earnings" means the actual ordinary rate of pay the employee receives
for ordinary hours of work including tool allowances, industry allowance, trade
allowance, shift loading, special rates, qualification allowances (e.g. first
aid, laser safety officer), multi-storey allowance, district/location
allowance, piecework rates, underground allowance, award site allowances,
asbestos eradication allowance, leading hand allowances and supervisory
allowances, together with those fares and travel allowances (as contained in
clauses 38.1, 38.2, 38.3, 38.6.2 and 38.11) paid for days where ordinary time
is worked, where applicable. The term
includes any regular over-award pay as well as casual rates received for
ordinary hours of work. All other
allowances and payments are excluded. (Note:
for the purposes of this subclause "ordinary hours of work"
includes ordinary hours of shiftwork where applicable).
26.2 Employer
Contributions
An employer must, in accordance with the governing
rules of the relevant fund, make such superannuation contributions for the
benefit of an employee in accordance with the superannuation legislation. For the purposes of the superannuation
legislation, an employee’s ordinary time earnings are intended to provide that
employee’s notional earnings base.
26.3 Voluntary
Employee Contributions
26.3.1 Subject to the
governing rules of the relevant fund, an employee who wishes to make
contributions to the Fund may either forward his or her own contribution
directly to the Fund administrators or authorise the employer to pay into the
Fund from the employee’s wages, amounts specified by the employee.
26.3.2 Employee
contributions to the Fund deducted by the employer at the employee’s request
shall be held on the employee’s behalf and subject to individual agreement
shall meet the following conditions:
(a) the amount of
contributions shall be expressed in whole dollars.
(b) An employee
shall have the right to adjust the level of contribution made on his or her own
behalf from the first of the month following the giving of three months’
written notice to the employer.
(c) Contributions
deducted under this clause shall be forwarded to the Fund at the same time as
contributions under 26.2.
26.4 Superannuation
Fund
26.4.1 An employer
must, in accordance with the governing rules of the relevant Fund, make
superannuation contributions to any of the following funds:
(a) C+BUS, ASSET, STA,
Building Employees Superannuation Trust.
(b) any fund agreed
between the employer and an employee.
(c) any fund which
has application to employees in the principal business of the employer, where
employees covered by this award are a minority of award-covered employees; or
any other Fund to which and employer or employee who is a member of the
religious fellowship known as The Exclusive Brethren elects to contribute.
(d) any Fund the
employer was contributing to as at 1 December 1991 or at the date of becoming
bound by this award, provided that the level of contribution satisfies the
award requirements.
26.4.2 An employer is
not required to contribute to more than one Fund in respect of an employee
employed under this Award.
26.5 Absence from
Work
Subject to the governing rules of the fund of which an
employee is a member, the following provisions shall apply:
26.5.1 Paid Leave
Contributions shall continue whilst an employee is
absent on annual leave, sick leave, personal/carers leave, bereavement leave,
long service leave, public holidays, jury service, or other paid leave.
26.5.2 Work Related
Injury or Illness
In the event of an employee’s absence from work being
due to work related injury or illness, contributions at the normal rate shall
continue for the period of the absence provided that:
(a) the person
remains an employee of the employer; and
(b) the employee is
receiving workers compensation payments or is receiving regular payments
directly from the employer in accordance with statutory requirements or the
provisions of this award.
10. Renumber
clause 26 Accident Pay, to read as 26A.
11. This variation
shall come into effect on the first pay period commencing on or after 1 April 2004
the rates of remuneration shall be phased in and take effect from the periods
indicated in the relevant tables.
M. J. WALTON J,
Vice-President.
____________________
Printed by
the authority of the Industrial Registrar.