LANDSCAPE GARDENERS, &C., ON BUILDING AND GENERAL CONSTRUCTION AND MAINTENANCE, CIVIL AND MECHANICAL ENGINEERING (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC4899 of 1999 and 5961 of 2000)

 

 

REVIEWED AWARD

 

 

Arrangement

 

PART A

 

Clause No.          Subject Matter

 

 1.        Short Title

 2.        Anti-Discrimination

 3.        Wages

 4.        Definitions

 5.        Allowances

 6.        Hours of Labour

 7.        Meal Break

 8.        Machine Work

 9.        Inclement Weather - Private Industry

10.       Tools

11.       Reporting for Duty

12.       Mixed Functions

13.       Overtime

14.       Meal Allowance

15.       Sick Leave

15A.    State Personal/Carer's Leave Case - August 1996

16.       Long Service Leave and Annual Holidays

17.       Annual Holidays Loading

18.       Holidays

19.       Tea Break and Drinking Water

20.       Country Work

21.       First-aid

22.       Job Representative

23.       Payment of Wages and Termination of Employment

24.       Automation and Mechanisation

25.       Damage to Clothing

26.       Bereavement Leave

27.       Jury Service

28.       Settlement of Disputes

29.       Superannuation

30.       Redundancy

31.       Award Modernisation

32.       Structural Efficiency Exercise

33.       Parental Leave

34.       Area, Incidence and Duration

PART B

 

MONETARY RATES

 

Table 1 ¾ Wages

Table 2 ¾ Other Rates and Allowances

 

Appendix 1 ¾ National Core Curriculum for the Trade of Landscape Gardening

 

PART A

 

1.  Short Title

 

This award shall be known by the short title of Landscape Gardeners on Building and Construction (State) Award.

 

2.  Anti-Discrimination

 

(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 and age.

 

(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.

 

(3)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(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.

 

(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."

 

 

 

3.  Wages

 

(i)         Base rates shall be as set out in Table 1 - Wages, of Part B, Monetary Rates.

 

(ii)        Leading Hands - An employee appointed as a Leading Hand shall be paid, in addition to the rates contained in subclause (i) of this clause, as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

 

(iii)       Landscape Gardeners shall be paid a tool allowance as set out in Item 2 of the said Table 2 for all purposes of the award.

 

(iv)       In addition to the rates prescribed in this clause, employees shall be paid per week an allowance as set out in Item 3 of Table 2 for all purposes to compensate for the following disabilities - climatic conditions, dust blowing in the wind, drippings from newly poured concrete, sloppy and muddy conditions, the lack of usual amenities associated with factory work (e.g., meal rooms, change rooms, lockers, etc.).

 

(v)        A travel pattern loading as set out in Item 4 of Table 2 shall be paid per week for all purposes of the award to compensate employees of private contractors for excess travelling time incurred in the building and construction industry.

 

(vi)       Total All-purpose Rates - Follow the Job Loading: The calculation of the hourly rate 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 the said Table 1 and Items 2 and 3 of Table 2 by 52 over 50.4 (52/50.4) rounded to the nearest cent, adding to that subtotal the amount prescribed in Item 4 of Table 2 and dividing the total by 38.  The hourly rates are as set out in the said Table 1.

 

(vii)      Employers may, in lieu of the payment of sick leave prescribed in clause 15, Sick Leave, pay an additional amount per hour as set out in Item 5 of Table 2 for all purposes in addition to the hourly rate prescribed in subclause (vi) of this clause. These amounts have been calculated to include a loading for loss due to non- accumulation of sick leave whilst being paid under this clause.

 

(viii)     The rates of pay in this award include the adjustments payable under State Wage Case 2000. These adjustments may be offset against:

 

(A)       any equivalent overaward payments, and/or

 

(B)       award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

4.  Definitions

 

Landscape Gardener is a person who has qualified from a recognised T.A.F.E. College in the trade of Landscape Gardener and is qualified to perform the duties as contained in the National Core Curriculum of that trade as contained in Appendix I and varied from time to time. Labourer is a person who is not qualified as a Landscape Gardener but assists them in all of their duties as defined.

 

5.  Allowances

 

(i)         An allowance of an amount per day set out in Item 6 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, shall be paid by employers to compensate for excess fares and travelling time to and from places of work, provided that:

 

The above stated allowance shall not be payable if the employer provides or offers to provide transport free of charge to any employee from and to a point established at a distance of not more than 3.2 kilometres from the employee's residence, in which case an allowance of an amount as set out in Item 7 of Table 2 shall be paid.

 

Provided further that the provisions of this subclause shall not apply to any employee when required to report to a fixed establishment or fixed place of reporting such not being a building or construction site.

 

(ii)        Wet Places and Slurry -

 

(a)       

 

(1)        The employer shall pay employees working in wet places an amount per hour as set out in Item 8 of Table 2 in addition to their ordinary rates, irrespective of the time worked.

 

(2)        For the purpose of this clause a place shall be deemed to be wet when water, other than rain, is falling so that the clothing of the employee shall be appreciably wet and/or when the water in the place where the employee is working is sufficient to saturate the boots of the employee.

 

(3)        When an employee is required to work in water to a depth of:

 

(A)      over 45.7 cm, he/she shall be paid an amount per day extra as set out in the said Item 8;

 

(B)       over 91.4 cm, he/she shall be paid an amount per day extra as set out in Item 8.

 

(b)        Where an employee is called upon to work in slurry he/she shall be paid an amount per hour as set out in Item 8 in addition to the ordinary rate, irrespective of the time so worked.

 

(c)        An employee shall not be entitled to wet pay and slurry pay during the same period of time.

 

(d)        The rates prescribed in this subclause shall not be payable to an employee who is provided with suitable protective clothing and/or footwear, except when working in slurry over 15.2 cm in depth.

 

(iii)       Confined Space - Employees who work in a place the dimensions of which necessitate working in a cramped position or without sufficient ventilation, shall be paid an allowance per hour as set out in Item 9 of Table 2 in addition to their ordinary rates whilst so engaged. However the extra rate herein prescribed for confined spaces shall not be payable unless the foreperson in charge of the job certifies that the conditions of the job require that the employees shall work in a stooped or otherwise cramped position or without proper ventilation. Should his/her decision be in dispute, the matter shall be referred to the Conciliation Committee.

 

(iv)       Distant Places -

 

(a)        All employees, working in districts west and north of and excluding State Highway No. 17, from Tocumwal to Gilgandra, State Highway No. 11, from Gilgandra to Tamworth, Trunk Road No. 63 to Yetman and State Highway No. 16 to Boggabilla up to the Western Division boundary and excluding the municipalities through which the road passes, shall be paid an amount per day as set out in Item 10 of Table 2; all employees working in the Western Division of the State shall be paid an amount per day as set out in the said Item 10.

 

(b)        All employees, working within the area bounded by and inclusive of the Snowy River, the New South Wales border to Dalgety thence by road directly from Dalgety to Berridale and on to the Snowy Mountains Highway at Adaminaby, thence to Blowering, thence by a line drawn from Blowering southwest to Welaregang and on to the Murray River, thence in a south-easterly direction along the New South Wales border to the point of commencement, shall be paid an amount per day or part thereof as set out in the said Item 10.

 

(v)        Height Money - Employees working on any structure at a height of more than 9.1 metres where an adequate fixed support of not less than 76.2 cm wide is not provided, shall be paid an amount per hour as set out in Item 11 of Table 2 in addition to their ordinary rates.

(vi)       Employees Lifting Other Than Standard Bricks - A labourer required to lift blocks (other than concrete blocks for plugging purposes) shall be paid the following additional rates:

 

Where the blocks weigh over 5.5 kg and under 9 kg - an amount per hour as set out in Item 12 of Table 2.

 

Where the blocks weigh 9 kg or over, up to 18 kg - an amount per hour as set out in the said Item 12.

 

Where the blocks weigh 18 kg - an amount per hour as set out in the said Item 12.

 

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

 

(vii)      Cleaning Down Brickwork - An employee required to clean down bricks using acids or other corrosive substances shall be paid an amount per hour as set out in Item 13 of Table 2. While so employed, employees will be supplied with gloves by the employer.

 

(viii)     Kosciusko National Park - Site Allowance - Employees engaged on major construction projects in the Kosciusko National Park shall be paid a site allowance per hour worked as set out in Item 14 of Table 2. This allowance shall apply in lieu of all special rates and be paid as a flat rate for all purposes of the award, excluding overtime.

 

6.  Hours of Labour

 

(i)        

 

(a)        Except as provided elsewhere in this award, the ordinary working hours shall be 38 per week and shall be worked in accordance with the following provisions for a four-week work cycle:

 

(1)        The ordinary working hours shall be worked as a 20- day four-week cycle, Monday to Friday inclusive, with 19 working days of eight hours each between the hours of 7.00 a.m. and 5.00 p.m., with 0.4 of one hour on each day worked accruing as an entitlement to take the fourth Monday in each cycle as a day off paid for as though worked.

 

However where the majority of employees on any particular section of work agree, and the employer or employer's representative agrees in writing, an alternative day in the four-week cycle may be substituted for the fourth Monday as the day off paid as though worked and, where such agreement is reached, all provisions of this award shall apply as if such day was the prescribed fourth Monday.

 

(2)        Where such fourth Monday or agreed rostered day off prescribed by subparagraph (1) of this paragraph falls on a public holiday as prescribed in clause 18, Holidays, the next working day shall be taken in lieu of the rostered day off unless an alternative day in that four-week cycle (or the next four-week cycle) is agreed in writing between the employer and the employee.

 

(3)        Each day of paid leave taken and any public holidays occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

 

(4)        An employee who has not worked, or is not regarded by reason of subparagraph (3) of this paragraph as having worked a complete four-week cycle, shall receive pro rata accrued entitlements for each day worked (or each fraction of a day worked) or regarded as having been worked in such cycle, payable for the rostered day off or, in the case of termination of employment, on termination.

 

(5)        The accrued rostered day off prescribed in subparagraphs (1) and (2) of this paragraph shall be taken as a paid day off, provided that the day may be worked where that is required by the employer and such work is necessary to allow other employees to be employed productively or to carry out maintenance outside ordinary working hours or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project, in which case, subject to the provisions of subparagraph (6) of this paragraph, in addition to accrued entitlements the employee shall be paid at rates prescribed for Saturday work in clause 13, Overtime.

 

(6)

 

(A)       Wherever it is practicable for the employer to give the rostered day off in accordance with this subparagraph, it shall operate in lieu of subparagraph (5) of this paragraph:

 

(i)         A majority of the employees concerned and their employers may mutually agree upon starting and ceasing times between the hours of 6.00 a.m. and 6.00 p.m. Notwithstanding anything contained in this subclause, the time worked each day and the hours of work on any particular section of work may be varied by agreement between a majority of the employees and the employer, subject to limits of nine hours maximum in any one day and 80 hours each fortnight, for the purpose of enabling employees to cease work early or to make connections with transport.

 

(ii)        Notwithstanding the above, a majority of employees concerned and their employers may mutually agree to the accumulation of up to four rostered days off, which may be taken no later than the expiration of the fifth accrual period.

 

(iii)       Notwithstanding the above, the following arrangements shall be made for the rostering of RDOs - No later than 1 October each year and prior to publishing the next year's RDOs the Employer Associations and The Australian Workers’ Union, New South Wales, will meet to programme the calendar, ensuring RDOs fall together with public holidays prescribed in clause 18, Holidays, and so far as necessary follow the calendar of days established in the building industry.

 

(ii)        Shift Work - Where it is necessary that work be performed in shifts, the following conditions shall apply:

 

(a)        If two shifts are worked they shall be worked between the hours of 6.00 a.m. and midnight or between the hours to be fixed by agreement between the employer and the majority of the employees concerned. If three shifts are worked, the third (night) shift shall be of seven hours 17 minutes duration and shall be paid for at the rate of time and one- quarter.

 

Employees shall be paid at the rate of time and one-quarter when working on the second (afternoon) shift on either a two- or three-shift system.

 

(b)        Where employees are required to work on a shift not worked on a two- or three-shift system, which commences at or after 8.00 p.m. and which finishes at or before 6.00 a.m., such shift shall be of no longer duration than eight hours and shall be paid for at the rate of time and one-half.

 

(c)        Where the arrangement for working shifts provides for shifts on less than five continuous working days, then overtime rates shall be applicable; provided also that in cases where less than a full week is worked due to the action of the employee, then in such cases the rate payable for the actual time worked shall be ordinary shift rates.

 

(d)        When working shifts exceed four hours, crib time amounting to 30 minutes shall be allowed and shall be paid for on each shift.

 

(e)        An employee shall be given at least 48 hours notice of a requirement to work shift work.

 

(f)         Notice of any alteration to shift hours shall be given to the employee not later than ceasing time of the previous shift.

 

(g)        Work in excess of shift hours, Monday to Friday, other than holidays shall be paid for at double time, provided that these rates shall be based in each case on ordinary rates.

 

(h)        Shift work hours shall be worked between Monday to Friday, inclusive. Time worked on a Saturday, Sunday or a public holiday shall be paid for at overtime rates; provided that an ordinary night shift commencing before, and extending beyond midnight Friday, shall be regarded as a Friday shift.

 

(i)         No employee who is employed during ordinary working hours shall be employed on afternoon or night shifts except at overtime rates.

 

(j)         Employees engaged for work under the terms of this subclause shall accrue 0.4 of one hour for each shift worked to allow one shift to be taken off as a paid shift for every 20-shift cycle.

 

The 20th shift shall be paid for at the shift rate(s) prescribed in paragraphs (a), (b) and (c) of this subclause, provided that no employee shall be disadvantaged in the introduction of this paragraph, as to the receipt of appropriate shift rates in a cycle.

 

(k)        Each shift of paid leave taken and any public holidays occurring during any cycle of four weeks shall be regarded as a shift worked for accrual purposes.

 

(l)         An employee who has not worked, or is not regarded by reason of paragraph (k) of this subclause as having worked a complete four-week cycle, shall receive pro rata accrued entitlements for each shift worked (or fraction of a shift worked) or regarded as having worked in such cycle, payable for the rostered day off or, in the case of termination of employment, on termination.

 

(m)       The employer and employees shall agree in writing upon arrangements for rostered days off during the shift cycle or for accumulation of accrued days, provided that such accumulation shall be limited to no more than five such accrued days before they are taken as paid days off, and when taken the days shall be regarded as days worked for accrual purposes in the particular 20-shift cycle.

 

(n)        Once such shifts have been rostered they shall be taken as paid shifts off, provided that where an employer, for emergency reasons requires an employee to work on his/her rostered shift off, the provisions of subparagraph (5) and/or subparagraph (6) of paragraph (A) of subclause (i) of this clause shall apply as if relating to shift work.

 

7.  Meal Break

 

Employees other than shift workers shall be entitled to a meal break each day of not less than 30 minutes in duration and not more than one hour in duration; provided that the said meal break shall be taken between 11.30 a.m. and 1.30 p.m. Such meal break shall not count as time worked.

 

8.  Machine Work

 

An employee shall not be allowed to use a pneumatic pick over 18.1 kg in weight over waist high in sandstone or indurated shale without suitable support.

 

9.  Inclement Weather - Private Industry

 

(i)         Definition - "Inclement weather" means wet weather and/or abnormal climatic conditions such as hail, cold, high winds, severe dust storms, extreme high temperatures or any combination thereof.

 

(ii)        Conference Requirement and Procedure - The employer, or his/her representative shall, when requested by the employees or a representative of the employees, confer (within a reasonable period of time which should not exceed 30 minutes) for the purpose of determining whether or not conditions are inclement. Weather shall not be regarded as inclement unless it is agreed at such conference.

 

Provided that if the employer or his/her representative refuses to confer within such reasonable period, employees shall be entitled to cease work for the rest of the day and be paid for inclement weather.

 

(iii)       Restrictions on Payments - An employee shall not be entitled to inclement weather payment as provided for in this clause unless he/she remains on the job until provisions set out in this clause have been observed.

 

(iv)       Entitlement to Payment - An employee shall be entitled to payment by his/her employer for ordinary time lost through inclement weather for up to 32 hours in every period of four weeks.

 

For the purpose of this subclause, the following conditions shall apply:

 

(a)        The first period shall be deemed to commence on 31 October 1988 and subsequent periods shall commence at four-week periods thereafter.

 

(b)        An employee shall be credited with 32 hours at the commencement of each four-week period.

 

(c)        The number of hours at the credit of any employee at any time shall not exceed 32.

 

(d)        If an employee commences employment during a four-week period he/she shall be credited 32 hours where he/she commences on any working day within the first week; 24 hours where he/she commences on any working day within the second week; 16 hours where he/she commences on any working day within the third week and eight hours where he/she commences on any working day within the fourth week.

 

(e)        No employee shall be entitled to receive more than 32 hours inclement weather payment in any period of four weeks.

 

(f)         The number of hours credited to any employee under this clause shall be reduced by the number of hours for which payment is made in respect of lost time through inclement weather.

 

(g)        Payment under this clause shall be weekly.

 

(v)        Transfers - Employees may be transferred from one location on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site, or another site, which is not affected by inclement weather, subject to the following:

 

(a)        No employee shall be transferred to an area not affected by inclement weather unless there is work available in his/her trade.

 

(b)        Employees may be transferred from one location on a site to work in areas which are not affected by conditions of inclement weather, even though there may not be work for all employees in such areas.

 

(c)        Employees may be transferred from one site to another site and the employer provides, where necessary, transport.

 

(vi)       Completion of Concrete Pours, Turf Laying and Emergency Work -

 

(a)        Except as provided in this subclause, an employee shall not work or be required to work in the rain.

 

(b)        Employees shall not be required to start a concrete pour in inclement weather.

 

(c)        Where a concrete pour has been commenced, or turf has been cut prior to the commencement of a period of inclement weather, employees may be required to complete such concrete pour or turf laying to a practical stage and for such work shall be paid at the rate of double time, calculated to the next hour, and in the case of wet weather shall be provided with adequate wet weather gear. If an employee's clothes become wet as a result of working in the rain during a concrete pour or turf laying he/she shall, unless he/she has a change of dry working clothes available, be allowed to go home without loss of pay.

 

(d)        The provision of paragraph (c) of this subclause shall also apply in the case of emergency work.

 

(e)        The unloading of plants during inclement weather shall be considered emergency work.

 

(vii)      Cessation and Resumption of Work -

 

(a)        At the time employees cease work due to inclement weather the employer or his/her representatives on site and the employees' representative shall agree and note the time of cessation of work.

 

(b)        After the period of inclement weather has clearly ended the employees shall resume work and the time shall be similarly agreed and noted.

 

(c)        Safety - Where an employee is prevented from working at his/her particular function as a result of unsafe conditions caused by inclement weather, he/she may be transferred to other work in his/her trade on site until the unsafe conditions are rectified. Where such alternative work is not available and until the unsafe conditions are rectified, the employee shall remain on site. He/she shall be paid for such time without reduction of his/her inclement weather entitlement.

 

(viii)     Additional Wet Weather Procedure -

 

(a)        Remaining on Site - Where, because of wet weather, the employees are prevented from working:

 

(1)        for more than an accumulated total of four hours of ordinary time in any one day; or

 

(2)        after the meal break, as provided in clause 7, Meal Break, for more than an accumulated total of 50 per cent of the normal afternoon work time; or

 

(3)        during the final two hours of the normal work day for more than an accumulated total of one hour, the employer shall not be entitled to require the employees to remain on site beyond the expiration of any of the above circumstances.

 

However where, by agreement between the employer and/or his/her representative and the employees' representative, the employees remain on site beyond the periods specified above, any such additional wet time shall be paid for but shall not be debited against the employees' hours.

 

Further, wet time occurring during overtime shall not be taken into account for the purpose of this subclause.

 

(b)        Rain at Starting Time - Subject to subclause (vi) of this clause, where the employees are in the sheds, because they have been rained off, or at starting time, morning tea or lunch time and it is raining, they shall not be required to go to work in a dry area or to be transferred to another site unless:

 

(1)        the rain stops; or

 

(2)        a covered walkway has been provided; or

 

(3)        the sheds are under cover and the employees can get to the dry area without going through the rain; or

 

(4)        adequate protection is provided. Protection shall, where necessary, be provided for the employees' tools.

 

However for the purposes of this clause, a "dry area" shall mean a work location that has not become saturated by rain or where water would not drip on the employees.

 

 

 

10.  Tools

 

All tools required by labourers shall be provided, free of charge, by the employer.

 

11.  Reporting for Duty

 

(i)         Hourly employees reporting for work and not being required shall be paid two hours' pay at ordinary rates and all fares incurred, unless the employee has received notice the day before that he/she will not be required. However where employees report and are instructed to remain on the job they shall be paid at ordinary rates whilst waiting until such time as otherwise notified.

 

(ii)        Employees directed to report for work on a Saturday and not being required shall be paid for two hours at overtime rates and all fares actually and necessarily incurred in travelling to and from the job.

 

12.  Mixed Functions

 

An employee engaged for more than two hours during one day on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for such day; if so engaged for two hours or less during one day, he/she shall be paid the higher rate for the time so worked.

 

13.  Overtime

 

(i)         Subject to clause 6, Hours of Labour, overtime shall be payable for all time worked outside the ordinary hours prescribed in the said clause 6, or in excess of eight hours in any one day at the rate of time and one-half for the first two hours and double time thereafter, provided that all work performed after 12 noon on Saturday shall be paid for at double time; provided further that employees who are required to work regular overtime (in accordance with clause 6) which normally commences after 12 noon on a Saturday shall be paid at the rate of time and one-half for the first two hours and double time thereafter. The calculation of such overtime shall be on the basis of each complete unbroken period of overtime.

 

(ii)        Double time shall be paid for all time worked on a Sunday and double time and a half shall be paid for all time worked on a holiday.

 

Employees called upon to work during the recognised meal hour shall be paid at ordinary overtime rates for all time worked until they receive a meal break of the usual period. Where, for special reasons, it is necessary to alter the time of the recognised meal hour, employees may be called upon to work for not more than 30 minutes during such recognised meal hours without additional rates of pay; provided they receive equivalent meal time.

 

(iii)

 

(a)        Subject to paragraph (b) of this subclause, an employee who works so much overtime:

 

(1)        between the termination of his/her ordinary work day or shift and the commencement of his/her ordinary work in the next day or shift that he/she has not had at least ten consecutive hours off duty between these times; or

 

(2)        on Saturdays, Sundays and holidays, not being ordinary working days or on a rostered day off without having had ten consecutive hours off duty in the 24 hours preceding his/her ordinary commencing time on his/her next ordinary day or shift,

 

shall, subject to this subclause, be released after completion of such overtime until he/she has had ten hours off duty without loss of pay for ordinary working time occurring during such absence.

 

However if, on the instructions of his/her employer, such an employee resumes or continues to work without having had such ten consecutive hours off duty, he/she shall be paid at double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(b)        The provisions of paragraph (a) of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours, when overtime is worked -

 

(1)        for the purpose of changing shift rosters; or

 

(2)        where a shift worker does not report for duty and a day worker or shift worker is required to replace such shift worker; or

 

(3)        where a shift is worked by arrangement between employees themselves.

 

(iv)       Employees shall not be required to report at the place of work earlier than the ordinary starting time or return later than the ordinary ceasing time without the payment of overtime.

 

(v)        An employee required to work on a Sunday or a public holiday shall be afforded at least four hours' work or shall be paid for four hours at the appropriate rate.

 

(vi)       Employees recalled to work - When an employee is recalled to work after leaving his/her job he/she shall be paid a minimum of four hours' at overtime rates.

 

(vii)      Cribs -

 

(a)        An employee who is required to work overtime for two hours or more after the normal ceasing time shall be allowed, at the expiration of the said two hours, 20 minutes for a meal or crib and thereafter a similar time allowance after every four hours of overtime worked.  Time for meals or crib through overtime periods shall be allowed without loss of pay, provided that overtime work continues after such break.

 

(b)        Where overtime is worked on a Saturday and work continues after 12 noon, a break for a meal of 20 minutes shall be allowed between 11.00 a.m. and 1.00 p.m. Such meal break shall be taken without loss of pay.

 

(c)        Where an employee, other than a shift worker, is required to work after 12 noon on a Sunday or holiday, he/she shall be allowed a meal break of 20 minutes between 11.00 a.m. and 1.00 p.m. without loss of pay.

 

(viii)     Compulsory Overtime - An employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements.

 

14.  Meal Allowance

 

An employee required to work overtime for more than one and one-half hours after the ordinary ceasing time shall be provided with a meal or shall be paid an amount as set out in Item 15 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for such a meal and after the completion of each four hours on continuous overtime shall be paid an amount as set out in the said Item 15 for each subsequent meal in addition to his/her overtime payment.

 

15.  Sick Leave

 

(i)         An employee who, after not less than three months' continuous service in his/her current employment, is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity (including incapacity resulting from injury within the Workers' Compensation Act 1987) not due to his/her own serious and wilful misconduct, shall be entitled to be paid at the ordinary-time rate of pay for the time of such non-attendance, subject to the following:

 

(a)        Payment in connection with sick leave is to be made on the next regular pay day after the employee reports sick and such payment shall continue on regular pay days until the employee exhausts his/her sick leave or resumes duty.

 

(b)        He/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation. Where a claim for workers' compensation is made by an employee, payment of sick leave under this clause shall not be payable in respect of the period covered by the said claim until such claim has been disposed of.

 

(c)        He/she shall, within 24 hours of the commencement of such absence, inform his/her employer or his/her representative of his/her inability to attend for duty and, as far as possible, state the nature of the illness or incapacity and the estimated duration of the absence.

 

(d)        He/she shall prove to the satisfaction of his/her employer (or, in the event of a dispute, the Industrial Relations Commission of New South Wales) that he/she is or was unable on account of such illness or incapacity to attend for duty on the day or days for which payment under this clause is claimed.

 

(e)        Subject to the provisions of paragraph (f) of this subclause, he/she shall not be entitled in any one year of continuous employment to sick pay for more than ten ordinary working days. Any period of paid sick leave allowed by the employer to an employee in any such year shall be deducted from the period of sick leave which may be allowed or may be carried forward under this award in or in respect of such year.

 

(f)         The rights under this clause shall accumulate from year to year so long as the employment continues with the employer, whether under this or any other award, so that any part of ten days which has not been allowed in any one year may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of continuous employment. Any rights which accumulate pursuant to this subclause shall be available to the employee for a period of six years, but for no longer, from the end of the year in which they accrued.

 

(g)        For the purpose of this clause, "continuous service" shall be deemed not to have been broken by:

 

(1)        any absence from work on leave granted by the employer; or

 

(2)        any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall, in each case, be upon the employee);

 

provided that any time so lost shall not be taken into account in computing the qualifying period of three months.

 

(h)        Service with his/her employer before the date of coming into force of this clause shall be counted as service for the purpose of qualifying hereunder.

 

(i)         Where an employee is ill or incapacitated (within the meaning of this clause) on his/her rostered day off or rostered shift off he/she shall not be entitled to payment for sick leave on that day or shift nor shall his/her sick leave entitlement be reduced as a result of such illness or incapacity (within the meaning of this clause).

 

15a.  State Personal/Carer's Leave Case - August 1996

 

(1)        Use of Sick Leave -

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 15, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)       a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d)       a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

1.         "relative" means a person related by blood, marriage or affinity;

 

2.         "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.         "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(2)        Unpaid Leave for Family Purpose -

 

(a)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

 

(3)        Annual Leave -

 

(a)        An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(4)        Time Off in Lieu of Payment for Overtime -

 

(a)        An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(5)        Make-up Time -

 

(a)        An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(6)        Rostered Days Off -

 

(a)        An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(b)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

 

16.  Long Service Leave and Annual Holidays

 

See Long Service Leave Act 1955 and Annual Holidays Act 1944.

 

17.  Annual Holidays Loading

 

(i)         In this clause the Annual Holidays Act 1944 is referred to as "the Act".

 

(ii)        Before an employee is given and takes his/her annual holiday or, where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay his/her employee a loading determined in accordance with this clause.

 

(NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (vi).)

 

(iii)       The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act.

 

(iv)       The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled or, where such a holiday is given and taken in separate periods, then in relation to each such separate period.

 

(v)        The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (vi) at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday, together with those rates paid for all purposes in clause 3, Wages.

 

(vi)       No loading is payable to an employee who takes an annual holiday wholly or partly in advance; however, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (v) of this clause, applying the award rate of wages payable on that day.

 

(vii)      Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned -

 

(a)        An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (v) of this clause.

 

(b)        An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid, in addition to the amount payable to him/her under the Act, such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the closedown as his/her qualifying period of employment in completed weeks bears to 52.

 

(viii)

 

(a)        When the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled, he/she shall be paid a loading calculated in accordance with subclause (v) for the period not taken.

 

(b)        Except as provided in paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

 

(ix)       This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if he/she had not been on holiday; however, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then the amount shall be paid to the employee in lieu of the loading.

 

18.  Holidays

 

(i)         Payment to the amount which ordinarily would have been paid had the day been a working day shall be made for the following days, viz.: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Christmas Day, Boxing Day, Eight-hour Day or Labour Day, whenever celebrated, and any other gazetted federal and State holidays. Reasonable time off without pay shall be allowed by the employer for voting on election and referendum days; however in any district where Eight-hour Day is not celebrated the Sydney Eight-hour Day shall be observed in such district and thereafter the employees shall not be entitled to any further holidays during the year on account of Eight-hour Day.

 

(ii)        The first Monday in December each year shall be a holiday as the picnic day of The Australian Workers’ Union, New South Wales.

 

(iii)       Employees not required to work on the said picnic day shall be paid for the holiday at the ordinary rates of pay prescribed in clause 3, Wages.

 

(iv)       Employees required to work on the picnic day shall be paid at the rate of double time and one-half for a minimum of four hours.

 

(v)        Employers may require from their employees the butt of the ticket as evidence of their attendance at the picnic.

 

(vi)       The provisions for a picnic day shall apply to employees working in the County of Cumberland, County of Northumberland and the County of Camden and in such other areas where a picnic organised by the union is held.

 

(vii)      Where an employer holds a regular picnic day for his/her employees on some other working day during the year, then such day may be given and may be taken as a picnic day in lieu of the picnic day hereinbefore fixed.

 

(viii)     Where an additional or substitute public holiday is proclaimed by Order in Council or otherwise gazetted by authority of the Australian or a State Government under any Acts throughout any State or part thereof, such a day shall, within the defined locality, be deemed to be a holiday for the purposes of this award; provided that an employee shall not be entitled to the benefit of more than one holiday upon such occasion.

 

(ix)       Provided that:

 

(a)        An employer who terminates the employment of an employee except for reasons of misconduct or incompetence (proof of which shall be upon the employer) shall pay the employee a day's ordinary wages for each holiday prescribed in subclauses (i), (ii) and (viii) of this clause or each holiday in a group as prescribed in paragraph (b) of this subclause which falls within ten consecutive calendar days after the day of termination.

 

(b)        Where any two or more of the holidays prescribed in this award occur within a seven-day span, such holidays shall, for the purpose of this award, be a group of holidays. If the first day of the group of holidays falls within ten consecutive calendar days after termination, the whole group shall be deemed to fall within the ten consecutive calendar days. Christmas Day, Boxing Day and New Year's Day shall be regarded as a group.

 

(c)        No employee shall be entitled to receive payment from more than one employer in respect to the same public holiday or group of holidays.

 

19.  Tea Break and Drinking Water

 

(i)         A tea break during the morning period of not more than ten minutes duration shall be allowed to each individual employee, at a time to be arranged by the employer, without deduction from their wages.

 

The taking of the morning tea break shall not necessarily involve a complete stoppage of work.

 

(ii)        The employer shall provide the necessary facilities and labour to brew tea for employees.

 

(iii)       The employer shall provide for employees an adequate supply of cool and wholesome drinking water.

 

20.  Country Work

 

(i)         Country work shall mean employment at a place which requires the employee to live away from his/her usual place of residence.

 

(ii)        All employees sent by the employer from the city to the country or from one country centre to another country centre or from the country to the city shall have their fares provided by the employer and on remaining until the completion of the job or until the special work which they were sent to perform is completed and no other work is provided by the employer, shall be entitled to fares back to the place of engagement.

 

(iii)       Any person selected for work and sent by an employer or his/her agent, including a national service officer, a government employment bureau or a private employment agency, from the city to the country or from one country centre to another or from a country centre to the city, shall have the necessary fares provided by the employer.

 

(iv)      

 

(a)        Where employees are sent from one place to another, as prescribed by this clause, the employer shall provide reasonable board and lodging or shall pay an allowance per week of seven days as set out in Item 16 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, but such allowance shall not be wages.

 

(b)        In the case of broken parts of a week the allowance shall be all living expenses actually and reasonably incurred but not exceeding the amount per week as set out in the said Item 16, provided that the foregoing allowance shall not be paid by the employer where camping facilities are provided.

 

(c)

 

(i)         An employee who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or his/her representative no later than the Tuesday of each week of his/her intention to return home at the weekend and who returns home for the weekend by private transport, shall be paid an allowance of an amount as set out in the said Item 16 for each such occasion.

 

(ii)        This subclause shall not apply to an employee:

 

(a)        who is receiving payment of an allowance in lieu of board and lodgings being provided by the employer;

 

(b)       where a conveyance is provided by the employer to transport the employee to and from the place of work and the established centre from which the organisation is based.

 

(iii)       An employee shall be deemed to have returned home at the weekend only if this involves him/her in being absent from his/her accommodation for not less than half the hours between ceasing work in the one week and commencing work in the next.

 

(v)        Time occupied in travelling to and from country work shall be paid for at ordinary rates in addition to wages otherwise earned, provided that no employee shall be paid more than an ordinary day's wages for any time not exceeding 24 hours spent in travelling.

 

(vi)       Where employees are sent from one place to another, as prescribed by this clause, they shall be allowed the amount set out in Item 17 of Table 2 for each meal hour whilst travelling or waiting en route and if required to spend the night at some place en route shall be allowed the amount set out in Item 18 of Table 2 for a bed. These provisions also shall apply to the return journey.

 

(vii)      If employees are transferred to another job, at their own request, they shall not be entitled to fares or any allowances under this clause.

 

(viii)     If an employer and employee engaged on country work agree in writing, and subject to the procedure outlined in subparagraph (1) of paragraph (a) of subclause (i) of clause 6, Hours of Labour, the paid rostered day off prescribed in that subclause may be taken and paid for at a time mutually agreed. The agreement shall only provide for a paid day or days off work up to a maximum accrual of five days.

 

 

 

21.  First-Aid

 

See Regulation 119 of the Construction Safety Act 1912.

 

(a)        In the event of any serious accident happening to any employee whilst at work or going to or from the camp the employer shall, at his/her expense, provide transport facilities to the nearest hospital or doctor.

 

(b)        An employee appointed by the employer to perform first-aid duty in any gang shall be paid an amount per day as set out in Item 19 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to his/her ordinary rate.

 

22.  Job Representative

 

A job representative appointed by the employees shall be allowed the necessary time, during working hours, to interview the employer or officer-in-charge on matters affecting the employees whom he/she represents.

 

23.  Payment of Wages and Termination of Employment

 

Unless otherwise agreed between the employer and the employee, wages shall be paid by cash or into the employee's bank account, subject to the following conditions:

 

(i)         One day of each pay period shall be recognised as the pay day for each job. It shall be no later than the same day in each pay period. In the event that a scheduled day off falls on pay day, the employer shall pay wages to the employee or deposit them into a bank account of the employee's choice on the following working day. Subject to the employer being able to make payment, the wages may be paid or deposited as aforesaid on the working day preceding the scheduled day off. Provided that where the scheduled day off falls on a pay day which is a Friday, the employer shall pay wages (as aforesaid) on the working day prior to the day off.

 

(ii)        When or before payment of wages is made either by cash or bank deposit to an employee, he/she shall be issued with a docket showing at least the gross amount of wages and the amount of any deductions which are made from his/her earnings. Wages shall be paid or deposited into the employee's bank account during ordinary working hours. If they are paid in cash during the usual meal time, such time occupied shall be added to the actual meal time. Any employee required to wait on the site for more than 15 minutes after his/her ordinary ceasing time to receive his/her wages or have his/her wages deposited into his/her bank account, shall be paid at overtime rates for all time he/she is kept waiting to be paid.

 

(iii)       When employees are discharged, except for misconduct, they shall be paid all wages due to them or have such wages deposited into their bank accounts at the time of their discharge. In the case of discharge for misconduct or of resignation they shall be paid all wages or have such wages deposited into their bank account within 24 hours after discharge or after the timekeeper and/or ganger is notified of resignation by the employee.

 

(iv)       In the case of any delay, beyond the time herein stated, the employees shall be paid at ordinary rates for all working time they are kept waiting. The pay period shall close not more than three working days before the recognised pay day.

 

(v)        The employer shall give favourable consideration to paying employees in cash when they can demonstrate special hardship when paid by account.

 

24.  Automation and Mechanisation

 

Where, on account of the introduction or proposed introduction by an employer of mechanisation or technological changes in the industry in which he/she is engaged, the employer terminates the employment of an employee who has been employed by him/her for the preceding 12 months, he/she shall give the employee three months' notice of the termination of his/her employment; provided that, if he/she fails to give such notice in full:

 

(a)        he/she shall pay the employee at the ordinary rate of pay applicable under this award for a period equal to the difference between three months and the period of the notice given; and

 

(b)        the period of notice required by this clause to be given shall be deemed to be service with the employer for the purpose of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of those Acts, and provided further that the right of the employer summarily to dismiss an employee for malingering, inefficiency, neglect of duty or misconduct, shall not be prejudiced by the fact that the employee has been given notice pursuant to this clause of the termination of employment.

 

25.  Damage to Clothing

 

An employee whose clothing is spoiled by acid or sulphur or any other deleterious substance, due to the circumstances of his/her employment, shall be recompensed by his/her employer to the extent of his/her loss.

 

26.  Bereavement Leave

 

(i)         An employee, other than a casual employee, shall be entitled to a maximum of two days bereavement leave without deduction of pay,  on each occasion of the death of a person within Australia as prescribed in subclause (iii) of this clause.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will provide to the satisfaction of the employer proof of death.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of Clause 15A, State Personal/Carer’s Leave Case - August 1996, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said Clause 15A.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

27.  Jury Service

 

An employee on weekly hiring required to attend for jury service during his/her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.

 

An employee shall notify his/her employer as soon as practicable of the date upon which he/she is required to attend for jury service, and shall provide his/her employer with proof of his/her attendance, the duration of such attendance, and the amount received in respect thereof.

 

28.  Settlement of Disputes

 

(A)       The following procedural steps shall be followed for the resolution of industrial disputation:

 

(i)         Procedure relating to a grievance of an individual employee:

 

(a)        The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

(b)       A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

(c)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(d)       At the conclusion of the discussions, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(e)        While a procedure is being followed, normal work must continue.

 

(f)        The employee may be represented by an industrial organisation of employees.

 

(ii)        Procedure for a dispute between an employer and the employees:

 

(a)        A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

(b)       Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)        While a procedure is being followed, normal work must continue.

 

(d)       The employer may be represented by an industrial organisation of employers for the purpose of each procedure.

 

(iii)       It is a purpose of this procedure that normal work continue while the above is being followed. No party shall be prejudiced as to final settlement by the continuance of work in accordance with the procedure.

 

(iv)      This procedure shall not apply to any dispute on a safety issue.

 

(B)       Demarcation Disputes -

 

(i)         The parties agree that there shall be no stoppage or other interruption to the continuity of work whilst demarcation issues or disputes are being processed in accordance with the following procedure:

 

(ii)        The employer shall be advised immediately a demarcation issue arises.

 

(iii)       The shop stewards of the unions involved in the demarcation dispute shall advise their union office of the dispute at the earliest convenient time through the relevant official.

 

(iv)       Officials of the unions involved will confer as early as possible with the aim of resolving the dispute.

 

(v)        If the dispute is not resolved in accordance with this level, the union officials will advise the employer of the details of the resolution.

 

(vi)       If the dispute is not resolved in accordance with the above procedure, then the union will refer the matter to The Labor Council of New South Wales for their assistance.

 

(vii)      Whilst this procedure is being followed the status quo will be maintained without prejudice to any of the parties.

 

(viii)     The employer shall be kept advised of the outcome of all decisions and will retain the right to refer the dispute to the Industrial Relations Commission of New South Wales if necessary.

 

29.  Superannuation

 

(i)         Definitions - For the purpose of this clause:

 

(a)        "The Fund" shall mean the Australian Superannuation Savings Employment Trust (A.S.S.E.T.), the Australian Small Business Association Superannuation Fund (A.S.B.A.) or any alternative fund as defined in paragraph (b) of this subclause.

 

(b)        "Alternative Fund" shall mean any fund which complies with the Commonwealth's operational standards for occupational superannuation funds and which has received appropriate preliminary listing for superannuation funds.

 

(c)        "The Employer" shall mean any employer engaged in the industry to which clause 34, Area, Incidence and Duration, applies.

 

(d)        "The Employee" shall mean any employee engaged under the terms of the said award.

 

(e)        "Ordinary-time Earnings" shall mean the rate as specified in clause 3, Wages, plus the allowances specified in the said clause 3.

 

(ii)        Contributions -

 

(a)        Each employer bound by this award shall sign and execute the Deed of Adherence for the appropriate fund. Upon acceptance of the Deed by the Trustees of the fund the employer shall, without delay, notify his/her employees who shall sign and execute an application for membership for the appropriate fund.

 

(b)        The employer shall pay to the Trustees of the fund on behalf of each employee a contribution of the amount required by the Superannuation Guarantee Administration Act 1992 of the ordinary-time earnings rounded to the nearest ten cents of the classification and allowances as defined in paragraph (e) of subclause (i) of this clause.

 

(c)        Contributions shall be payable from the date on which the employee signs and executes the application for membership referred to in paragraph (a) of this subclause; provided that the employer shall not be required to make payment to the Trustees of the fund referred to in paragraph (a) until a period of two weeks has elapsed from the commencement.

 

(d)        The contribution rate will be reviewed in accordance with decisions made from time to time by agreements entered into by the parties to the award.

 

(e)        Such contributions shall be in addition to any commitment existing prior to 17 March 1992, except where these commitments include a suitable and recognised three per cent productivity award agreement, in which case the Trustees of the fund will grant exemption from the provision of this clause in accordance with subclause (iii), Exemptions, of this clause.

 

(iii)       Exemptions - This clause shall not apply in the following circumstances:

 

(a)        Where the employer is paying on behalf of the employee a contribution to an alternative fund arising from a three per cent productivity award or agreement, provided that:

 

the benefits of the alternative fund are at least equal to the benefits provided in the fund;

 

there is no compulsory requirement for the employee to make personal contributions; or

 

(b)        where employers contribute to:

 

Combined Trade Union Retirement Fund (Building and Construction Fund); or

 

C+ B.U.S. - Building Unions Superannuation Scheme; or

 

(c)        where employees and employers are covered by the State Authorities Non-Contributory Superannuation Act 1987,

 

in which case the Trustees of the fund will grant an exemption from the terms of this clause.

 

(iv)       Expenses - The expenses incurred in the administration of the fund shall be paid out of the assets of the fund, not by the employers or the unions.

 

30.  Redundancy

 

(i)         This award is designed to cater for the unique nature and peculiarities of the construction industry in New South Wales and shall only be used in the negotiations or proceedings concerning areas of employment within the construction industry in New South Wales, unless it is determined by the Industrial Relations Commission of New South Wales that the provisions of this clause reflect a "test case" standard.

 

(ii)       

 

(a)        This clause shall apply to all those persons contained in clause 34, Area, Incidence and Duration, excluding those persons who are not engaged upon on-site construction of major civil and mechanical engineering and building projects.

 

(b)        Service with a New South Wales Government Department or quasi-Government body shall not be counted as service for the purposes of this clause.

 

(iii)       Definitions:

 

(a)        "Redundancy" means a situation where a weekly employee ceases to be employed by an employer other than for reasons of misconduct or refusal of duty. "Redundant" has a corresponding meaning.

 

(b)        "Weekly" employee means a labourer engaged for a continuous period of one week.

 

(iv)       Redundancy Pay:

 

(a)        A redundant employee shall receive redundancy/severance payments calculated as follows, in respect of all continuous service (as defined by this award) with his or her employer, provided that any service prior to 22 March 1989 shall not be counted as service unless the employee is made redundant by the employer.

 

Period of Continuous Service With an Employer Redundancy/Severance Pay

 

1 year or more but less than 2 years             2.4 weeks' pay plus, for all service in excess of 1 year, 1.75 hours' pay per completed week of service, up to a maximum of 4.8 weeks' pay.

 

2 years or more but less than 3 years           4.8 weeks' pay plus, for all service in excess of 2 years, 1.6 hours' pay per completed week of service, up to a maximum of seven weeks' pay.

 

3 years or more but less than 4 years           7 weeks' pay plus, for all service in excess of three years, 0.73 hours' pay per completed week of service, up to a maximum of eight weeks' pay.

 

4 years or more                                                 8 weeks' pay.

 

Provided that an employee employed for less than 12 months shall be entitled to a redundancy/severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee.

 

(b)        "Week's pay" means the ordinary-time rate of pay at the time of termination for the employee concerned.

(c)        If an employee dies with a period of eligible service which would have entitled that employee to redundancy pay, such redundancy pay entitlement shall be paid to the estate of the employee.

 

(v)        Redundancy Scheme - An employer bound by this award may utilise a fund to meet all or some of the liabilities created by this clause. Where an employer utilises such a fund:

 

(a)        payments made by a fund designed to meet an employer's liabilities under this clause to employees eligible for redundancy/severance pay shall be set off against the liability of the employer under this clause, and the employee shall receive the fund payment or the award benefit, whichever is the greater, but not both; or

 

(b)        where a fund, which has been established pursuant to an agreement between unions and employers, does not make payments in accordance with this clause, contributions made by an employer on behalf of an employee to the fund shall, to the extent of those contributions, be set off against the liability of the employer under this clause, and payments to the employee shall be made in accordance with the rules of the fund or any agreement relating thereto and the employee shall be entitled to the fund benefit or the award benefit, whichever is the greater, but not both.

 

(vi)       Employee Leaving During Notice - An employee whose employment is to be terminated in accordance with this clause may terminate his or her employment during the period of notice and, if this occurs, shall be entitled to the provisions of this clause as if the employee remains with the employer until the expiry of such notice, provided that in such circumstances, the employee shall not be entitled to payment in lieu of notice.

 

(vii)      Transmission of Business -

 

(a)        Where a business is, before or after the date of this award, transmitted from an employer (in this subclause called "the transmittor") to another employer (in this subclause called "the transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

 

(i)         the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

 

(ii)        the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

 

(b)        In this subclause "business" includes trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession, whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

 

31.  Award Modernisation

 

(a)        The parties are committed to modernising the terms of the award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

 

(b)        The parties commit themselves to the following principles as part of the Structural Efficiency process and have agreed to participate in a testing process in accordance with the provisions of this clause:

 

(i)         Acceptance in principle that the new award skill level definitions will be more suitable for the needs of the industry, sometimes more broadly based, in other matters more truly reflective of the different skill levels of the tasks now performed but which shall incorporate the ability for an employee to perform a wider range of duties where appropriate.

 

(ii)        The parties will create a genuine career path for employees which allows advancement based on industry accreditation and access to training.

 

(iii)       Co-operation in the transition from the old structure to the new structure in an orderly manner without creating false expectations or disputation.

 

(c)        Enterprises shall establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.

 

32.  Structural Efficiency Exercise

 

(a)

 

(i)         An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure to this award, provided that such duties are not designed to promote deskilling.

 

(ii)        An employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment.

 

(iii)       Any direction issued by an employer shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

 

(b)        The parties to this award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the civil construction industry and to enhance career opportunities and job security of employees in the industry.

 

(c)        Measures raised for consideration shall be related to implementation of a new classification structure, any facilitative provisions contained in this award and matters concerning training.

 

(d)        Award restructuring should be given its wider meaning, and award restructure should not be confined to the restructuring of classifications but may extend to the review of other restrictive provisions which currently operate. To that end, such restrictive provisions will be reviewed on an ongoing basis.

 

(e)        The parties to this award recognise that in order to increase the efficiency, productivity and international competitiveness of the industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:

 

(i)         developing a more highly skilled workforce;

 

(ii)        providing employees with career opportunities through appropriate training to acquire additional skills; and

 

(iii)       removing barriers to the utilisation of skills acquired.

 

(f)         Any disputes arising in relation to the implementation of this clause shall be subject to the provisions of the settlement of disputes clause.

 

33.  Parental Leave

 

See Industrial Relations Act 1996.

 

34.  Area, Incidence and Duration

 

This award rescinds and replaces the Landscape Gardeners, &c., On Building and General Construction and Maintenance, Civil and Mechanical Engineering (State) Award published 12 January 1996 (290 I.G. 16), and all variations thereof.

 

It shall apply to all employees of private contractors of the classes specified in clause 3, Wages, in the State, excluding the County of Yancowinna, within the jurisdiction of the Landscape Gardeners, &c. (State) Industrial Committee employed on construction of major civil and mechanical engineering and building projects.

The changes made to this award are pursuant to s.19 of the Industrial Relations Act 1996 and shall take effect from the beginning of the first full pay period to commence on or after 22 December 2000.

 

PART B

 

MONETARY RATES

 

Table 1 ¾ Wages

 

 

Classification	Base rate per rate $	SWC 2000 $	Total rate per Week $	Rate per hour $
Landscape	477.30	15.00	492.30	14.60
Labourer	447.70	15.00	462.70	13.27

 

Table 2 ¾ Other Rates and Allowances

 

Item	Clause	Brief Description	Amount
No.	No.		$
1	3(ii)	Leading Hands Allowance ¾ (loaded hourly rate)
		In charge of not more than one person	11.99 per week
			(0.33 per hour)
		In charge of two and not more than five person	26.17 per week
			(0.71 per hour)
		In charge of six and not more than ten persons	33.35 per week
			(0.91 per hour)
		In charge of over ten persons	44.38 per week
			(1.21 per  hour)
2	3(iii)	Landscape Gardeners’ Tools Allowance	19.70
3	3(iv)	Disabilities Allowance	18.40 per week
4	3 (v)	Travel Pattern Loading	7.70 per week
5	3(vii)	Sick leave payment	0.5318
6	5(i)	Fares and Travelling Time Allowance	12.60
7	5(i)	Excess Fares ¾ where transport provided to and from a point at not more than 3.2 km from the employee’s
		residence	4.80
8	5(ii)	Wet Places and Slurry Allowances ¾
	5(ii)(a)(1)	Employees working in wet places	0.42 per hour
	5(ii)(a)(3)(A) (B)	Employees required to work in water to a depth of:
		over 45.7 cm	2.79 per day
		over 91.4 cm	3.38 per day
	5(ii)(b)	Employees working in slurry	0.42 per hour
9	5(iii)	Confined Spaces Allowances	0.51 per hour
10	5(iv)	Distant Places Allowances ¾
		Working  ¾
	(a)	District west and north of and excluding State Highway No.17 from Tocumwal to Gilgandra, State High No.11 to Tamworth, Yetman, Boggabilla, etc	0.89 per day
	(b)	Western Division of the State	1.46 per day
		Area bounded by Snowy
		River to Dalgety, Berridale,
		Adaminaby, Blowering,
		Walaregang and on to the	1.46 per day
		Murray River	or part thereof
11	5(v)	Height Money Allowance	0.42 per hour
12	5(vi)	Employees Lifting other than standard bricks ¾
		Where the blocks weigh over 5.5 kg and under 9 kg	0.42 per hour
		9 kg or over and up to 18 kg	0.75 per hour
		18 kg	1.06 per hour
13	5(vii)	Cleaning Down Brickwork Allowance	0.39 per hour
14	5(viii)	Kosciusko National Park ¾ Site Allowance	1.73 per hour
15	14	Meal Allowance ¾
		After working one and a half hours overtime	8.25
		After the completion of each four hours on continuous overtime	6.85
16	20(iv)(a)(b)   (c)(i)	Distant Work Allowance (seven days   Weekend Return Allowance	303.80 per week   35.80
17	20(vi)	Meal whilst travelling	8.25
18	20(vi)	Bed Allowance Whilst Travelling	43.15
19	21(b)	First-aid Allowance	1.90 per day

 

 

APPENDIX 1¾ NATIONAL CORE CURRICULUM FOR THE TRADE OF

LANDSCAPE GARDENING

 

Vocations: Landscape Gardener

 

Job Description

 

A Landscape Gardener ¾

 

recognises and selects plant material for a range of landscape sites;

 

establishes and maintains this material in a healthy condition;

 

interprets plans, drawings and specifications and sequences tasks on site;

 

constructs landscape features/elements, using a wide range of hard and soft landscaping materials;

 

estimates and orders material as well as maintaining appropriate records;

 

uses hand tools and mechanical equipment required in landscape construction;

 

installs irrigation and drainage systems; combines all these skills to produce a functional, aesthetic and well-balanced landscape.

 

 

A         Landscape Gardener ¾

 

Constructs, establishes and maintains landscape sites;

 

residential gardens;

 

industrial and commercial gardens;

 

public parks and reserves;

 

surrounds of public and private institutions and facilities;

 

indoor landscape facilities;

 

ornamental plantations.

Competencies -

 

A         Landscape Gardener¾

 

1.          Recognises, names and selects plant materials.

 

(a)        Annual display plants

 

(b)        Perennial display plants

 

(c)        Groundcovers

 

(d)        Rockery plants

 

(e)        Scrub and border plants

 

(f)         Ornamental trees and specimen plants

 

(g)        Herbs

 

(h)        Bulbs and corms

 

(i)         Indoor plants

 

(j)         Lawn species

 

(k)        Climbers

 

2.          "Grows on" nursery stock.

 

(a)        Mixing media

 

(b)        Repotting plants

 

(c)        "Watering in"

 

(d)        Fertilising

 

(e)        "Hardening Off"

 

(f)         Recognising, preventing and controlling of pests

 

(g)        "Potting on" plants

 

3.          Reads and interprets landscape architectural plans and specifications.

 

(a)        Plan reading

 

(b)        Material quantities

 

(c)        Determine labour and equipment requirements

 

4.          Prepares an area for landscape construction.

 

(a)        Analysing site

 

(b)        Clearing and debris removal

 

(c)        Determining and transferring level changes and gradients

(d)        Marking out job from plan

 

(e)        Setting out materials on site

 

5.          Constructs and/or monitors earth works.

 

(a)        Changing levels

 

(b)        Mounding

 

(c)        Retaining banks/stabilising soil

 

(d)        Removing and stockpiling topsoil

 

(e)        Consolidation

 

6.          Constructs according to plans and specifications, establishes and maintains plantings.

 

(a)        Preparing site

 

(b)        Assessing materials for quality and quantity

 

(c)        Positioning plants

 

(d)        Planting

 

(e)        Fertilising

 

(f)         Mulching

 

(g)        Pruning, shaping, training and protecting plants

 

(h)        Watering

 

(i)         Recognising, preventing and controlling pests, diseases and weeds

 

7.          Prepares and establishes turf grass areas.

 

(a)        Removing debris and weeds (including preparation for fumigation)

 

(b)        Testing soil pH

 

(c)        Cultivating and levelling

 

(d)        Applying fertilisers

 

(e)        Checking quality of seed and vegetative material

 

(f)         Sowing seed and planting vegetative material

 

(g)        Carrying out post sowing/planting cultural practices (including rolling, watering and mowing)

 

8.          Maintains turf and lawn areas to a pre-determined standard.

 

(a)        Mowing

 

(b)        Rolling

 

(c)        Applying fertilisers

 

(d)        Recognising, preventing and controlling pests, diseases and weeds

 

(e)        Top dressing/surface treatments

 

(f)         Aerating

 

(g)        Watering

 

(h)        Repairing damaged areas with sods

 

(i)         Oversowing or overseeding damaged or worn areas

 

9.          Recognises, prevents and controls plant pests, diseases and weeds.

 

(a)        Pests

 

(b)        Diseases

 

(c)        Weeds            

 

(d)        Pesticides

 

10.        Constructs and installs facilities within landscaped areas.

 

(a)        Pergolas

 

(b)        Ferneries

 

(c)        Shade houses

 

(d)        Wooden garden sheds/prefabricated sheds/cabanas/gazebos

 

(e)        Timber decking

 

(f)         Park furniture

 

(g)        Garden furniture

 

(h)        Play structures

 

(i)         Barbeques

 

(j)         Fences/screens/trellises

 

11.        Constructs and installs features within landscaped areas.

 

(a)        Waterfalls

 

(b)        Fountains

 

(c)        Garden ponds

 

(d)        Dry watercourses

 

(e)        Rock gardens

 

12.        Constructs paved areas.

(i)         Based preparation:

 

(a)        Sub-grade preparation

 

(b)        Foundation

 

(c)        Paving edging

 

(ii)        Paved surfaces:

 

(a)        Concrete

 

(b)        Stone

 

(c)        Brick

 

(d)        Veneer

 

(e)        Topping finishes

 

(f)         Loose material

 

(g)        Masonry pavers

 

(h)        Thin sawn regular stone, slate or quarry tiles

 

(i)         Irregular shaped stone or slate

 

13.        Constructs steps and garden edges.

 

(i)         Steps and level changes:

 

(a)        Concrete

 

(b)        Stone

 

(c)        Brick

 

(d)        Timber

 

(ii)        Edges:

 

(a)        Concrete

 

(b)        Stone

 

(c)        Brick

 

(d)        Timber

 

14.        Constructs and refaces garden fences and retaining walls.

 

(i)         Foundation/footing installations:

 

(a)        Excavate banks and trenches and install foundations

 

(ii)        Low profile stone fences and walls:

 

(a)        Single faced stone block walls

(b)        Double faced stone block fences/walls

 

(c)        Dry stone retaining walls

 

(d)        Double faced random rubble garden walls

 

(e)        Stone block or rubble piers

 

(iii)       Low profile brick fences and walls:

 

(a)        Single brick low profile fences and walls

 

(b)        Double brick  low profile fences and walls

 

(c)        Free standing piers and fittings

 

(iv)      Timber garden fences and retaining walls:

 

(a)        Cantilever open and closed walls

 

(b)        Palisade timber walls

 

(c)        Brush fences

 

(v)       Concrete retaining walls:

 

(a)        Crib walls

 

15.        Install according to plans, specifications and regulations, surface and sub-surface drainage.

 

(a)        Identifying the need to drain an area

 

(b)        Locating existing services

 

(c)        Determining levels

 

(d)        Constructing trenches

 

(e)        Installing pipes and drainage material

 

(f)         Back filling and re-establishing the area

 

(g)        Constructing silt traps/junction pits

 

16.        Assists in the installation of irrigation systems according to plans, specifications and existing regulations.

 

(i)         Recognising the part of irrigation systems:

 

(a)        Hoses

 

(b)        Pipes and fittings

 

(c)        Fixed and movable sprinklers and low volume emitters

 

(d)        Pumps, filters and injectors

 

(e)        Controllers, valves and sensors

 

(ii)        Installing irrigation systems:

 

(a)        Constructing trenches

 

(b)        Installing and joining pipes

 

(c)        Fixed and movable sprinklers and low volume emitters

 

(d)        Pumps, filters and injectors

 

(e)        Controllers, valves and sensors

 

(f)         Restoration of area

 

17.        Operates, maintains and adjusts automatic, semi-automatic and manual hydraulically or electrically controlled irrigation systems.

 

(i)         Operating irrigation systems:

 

(a)        Irrigation system operation

 

(ii)        Maintaining and adjusting irrigation systems:

 

(a)        Hoses

 

(b)        Pipes and fittings

 

(c)        Fixed and movable sprinklers and low volume emitters

 

(d)        Pumps, screens, filters and injectors

 

(e)        Controllers, valves and sensors

 

18.        Repairs, maintains, transplants and removes established trees.

 

(i)         Repairs plants:

 

(a)        Removing unwanted or damaged limbs

 

(b)        Pruning roots and repairing rot damage

 

(c)        Relieving compaction

 

(d)        Recognising, preventing and controlling pests and diseases

 

(e)        Fertilising

 

(ii)        Transplanting:

 

(a)        Preparing for transplanting

 

(b)        Lifting by hand or by machine

 

(c)        Replanting and re-establishing

 

(iii)       Removal of established trees:

 

(a)        Felling and removing unwanted trees

 

19.        Uses and maintains hand tools and associated horticultural equipment.

 

(i)         Digging/excavating tools:

 

(a)        Spades

 

(b)        Shovels

 

(c)        Forks

 

(d)        Picks

 

(e)        Mattocks

 

(f)         Crowbars

 

(ii)        Cultivating tools:

 

(a)        Hoes

 

(b)        Rakes - garden and leaf

 

(c)        Cultivators

 

(iii)       Pruning and propagating equipment:

 

(a)        Secateurs

 

(b)        Long handled pruners

 

(c)        Saws

 

(d)        Axes

 

(e)        Budding and pruning knives

 

(f)         Hedge clippers

 

(g)        Seed sowing equipment

 

(iv)      Miscellaneous landscape equipment:

 

(a)        Wheelbarrows

 

(b)        Brooms

 

(c)        Watering cans

 

(d)        Knapsack sprayers

 

(e)        Seed/fertiliser spreaders

 

(f)         Winches and jacks

 

(g)        Chains and ropes

 

(h)        Mallets

 

(i)         Post drivers

(j)         Ladders

 

(k)        Chisels

 

(l)         Fencing equipment

 

(m)       Screeds/lawn levellers

 

(n)        Top soil spreaders

 

(o)        Turf tampers

 

(p)        pH testing kits

 

(q)        Pedestrian rollers

 

(r)         Planting boards

 

(s)        Sieves

 

(v)       Woodworking tools:

 

(a)        Hammers

 

(b)        Chisels

 

(c)        Rasps and Files

 

(d)        Drills

 

(e)        Saws

 

(f)         Punches

 

(g)        Spirit levels

 

(h)        Wood fasteners

 

(i)         Tomahawks/axes

 

(j)         Adze

 

(k)        Saw horses

 

(vi)      Masonry tools:

 

(a)        Bolsters

 

(b)        Mash hammers

 

(c)        Masonry squares

 

(d)        Pitching irons

 

(e)        Scutch hammers and chisels

 

(f)         Rock facers

 

(g)        Star drills

(h)        Wedges

 

(i)         Sledgehammers

 

(j)         Brick cutters

 

(vii)     Metal working tools:

 

(a)        Pincers, pliers, tin snips

 

(b)        Files

 

(c)        Drills and bits

 

(d)        Spanners and sockets

 

(e)        Riveters

 

(f)         Grinders

 

(g)        Hacksaws

 

(h)        Screwdrivers

 

(i)         Sharpening stones

 

(j)         Vices

 

(k)        Cold chisels

 

(l)         Pipe cutters

 

(m)       Stocks and dies

 

(n)        Wrenches/sockets

 

(viii)    Painting equipment:

 

(a)        Brushes

 

(b)        Rollers

 

(c)        Wire brushes

 

(d)        Spray guns

 

(e)        Trestles and scaffolds

 

(ix)       Concreting tools:

 

(a)        Trowels

 

(b)        Floats

 

(c)        Edgers

 

(d)        Screeds

 

(e)        Jointing tools

(f)         Finishing tools (rollers)

 

(g)        Bolt cutters

 

(x)        Power tools:

 

(a)        Power saws

 

(b)        Drills

 

(c)        Angle grinders

 

(d)        Brick seas

 

(e)        Generators and pumps

 

(f)         Paint removers

 

(g)        Sand blasters and high pressure cleaners

 

(xi)       Surveying and levelling equipment:

 

(a)        Tape measures

 

(b)        Hydrostatic, water, cowley and dumpy levels

 

(c)        String lines

 

(d)        Staffs

 

(e)        Boning rods

 

(f)         Ranging rods/poles

 

(g)        Straight edges/spirit levels

 

(h)        Plumb bobs

 

20.        Operates, routinely maintains and adjusts motorised horticultural equipment.

 

(a)        Rotary hoes

 

(b)        Mowers

 

(c)        Chain saws

 

(d)        Soil augers/post hole diggers

 

(e)        Brushcutters/string cutters

 

(f)         Vibrating plates/compactors

 

(g)        Vibrating smooth drum rollers

 

(h)        Pressure washers and cleaners

 

21.        Operates, routinely maintains and adjusts three point linkage and tractor mounted landscape machinery.

 

(a)        Single tyne rippers

 

(b)        Rotary hoes, disc mouldboard and chisel ploughs

 

(c)        Harrows

 

(d)        Post hole diggers

 

(e)        Wood chippers and shredders

 

(f)         Trailers

 

(g)        Hollow tyners or corers

 

(h)        Seed/fertiliser spreaders/broadcasters

 

(i)         Slashers

 

(j)         Lifting jibs

 

(k)        Grader blades

 

22.        Operates, routinely maintains and adjusts the following motorised equipment:

 

(a)        Tractors

 

(b)        Front end loaders

 

(c)        Trenching machines

 

(d)        Skid loaders

 

(e)        Compressors

 

(f)         Compressed air driven jackhammers

 

(g)        Concrete mixers         

 

(h)        Utilities and sedans

 

(i)         Small trucks/tipping trays

 

(j)         Dump trucks

 

(k)        Brick elevators and conveyors

 

(l)         Recoil tampers

 

(m)       Wheelbarrows

 

(n)        Pumps

 

23.        Recognises the capability and monitors the operation of motorised general equipment.

 

R. P. BOLAND  J.

 

Landscape Gardeners, &c. (State) Industrial Committee

 

Industries And Callings

Employees of Landscape or Master Gardeners engaged in designing, planting and/or maintaining lawns, gardens, parklands, recreation areas, and paths in connection therewith in the State, excluding the County of Yancowinna;

 

Excepting employees of -

 

The Council of the City of Sydney, The Council of the City of Newcastle, and all municipal, shire and county councils;

The Australian Gas Light Company;

The Broken Hill Proprietary Company Limited at Newcastle;

Australian Wire Industries Pty Ltd at its Newcastle Wiremill;

Commissioner for Main Roads engaged in the maintenance of the Sydney Harbour Bridge, other than employees engaged in the maintenance of the pavement of the roadway and footpaths of the Bridge;

 

and excepting employees in or about coal mines north of Sydney, in or about coal mines in the South Coast district, in or about coal and shale mines west of Sydney;

 

and excepting also -

 

Rockchoppers, sewer miners;

Surveyors' labourers;

Labourers employed in or in connection with the manufacture of cement, monier and/or concrete pipes by hand or machines in factories;

Labourers employed in the erection, alteration, or demolition of buildings;

Carters, grooms, stablemen, yardmen and drivers of motor and other power-propelled vehicles;

Labourers employed in the maintenance of privately-owned railways;

 

and excepting also Employees within the jurisdiction of the following Industrial Committees:

 

Crown Employees (General);

Race Clubs, &c., Employees (Cumberland and Newcastle);

Race Clubs, &c. (Country);

Showground, &c., Employees (State);

Smelting and Fertilizer Manufacturing (Sulphide Corporation Pty Limited and Greenleaf Fertilizers Limited).

 

 

 

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Printed by the authority of the Industrial Registrar.