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New South Wales Industrial Relations Commission
(Industrial Gazette)





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BUILDING AND CONSTRUCTION INDUSTRY (STATE) AWARD
  
Date08/31/2001
Volume327
Part2
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0344
CategoryAward
Award Code 001  
Date Posted03/13/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(001)

SERIAL C0344

 

BUILDING AND CONSTRUCTION INDUSTRY (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 4621, 4847, 4849, 4973, 5174 of 1999 and 5769 of 2000)

 

Before the Honourable Justice Walton, Vice-President

15 March and 10 April 2001

 

REVIEWED AWARD

 

Part 1 - Application And Operation Of Award

 

1. Award Title

 

This award shall be known as the Building and Construction Industry (State) Award.

 

2. Arrangement

 

This award is arranged as follows:

 

Part 1 - Application and operation of award

 

Clause No. Subject Matter

 

1. Award title

2. Arrangement

3. Anti-discrimination

4. Classification Definitions

4.1 Tradesperson Classifications

4.2 Labourer Classifications

5. General Definitions

6. Area Incidence and Duration

7. Relationship with General Construction (State) Award

8. Relationship with National Building and Construction Industry Award 2000

9. Leave Reserved

 

Part 2 - Enterprise Flexibility

 

10.1 Structural Efficiency Exercise

10.2 Award Modernisation

 

Part 3 - Consultation and dispute resolution

 

11. Settlement of disputes

11.9 Posting of award

11.10 Posting of notices

 

Part 4 - Employer and employees’ duties, employment relationship and related arrangements

 

12. Employer and employee duties

12.1 Work organisation

12.2 Employer records

12.3 Right of Entry

12.4 Protection of Employees

12.5 Workplace Delegates

12.6 Amenities

12.7 First Aid Equipment

12.8 Special Tools and Protective Clothing

 

13. Employment categories

13.1 Tradespersons and labourers

13.2 Casual Employees

13.3 Part-time employment

 

14. Right to Deduct Pay

15. Presenting for work but not required

16. Redundancy

17. Termination of employment

 

Part 5 - Wages and related matters

 

18. Classifications and wage rates

18.1 Wage rates

18.2 Special allowance

18.3 Hourly rate calculation

18.4 Leading hands

18.5 Foreperson (Bridge and Wharf Carpenter)

18.6 Differential for re-paint work

19. State Wage Case Adjustments

20. Piecework

21. Inclement weather

22. Mixed functions

23. Payment of wages

24. Allowances

24.1 Industry allowance

24.2 Underground allowance

24.3 Tool allowance

24.5 Multi-storey allowance

24.6 Meal allowance

24.7 Compensation for clothes and tools

25. Special rates

Table 25.41 - Table of Special Rates

26. Accident pay

 

Part 6 - Hours of work, breaks, overtime, shift work, weekend work

 

27. Hours of work

7.2 Hours of work and rostered days off

27.3 Agreement on working other than the RDO cycle

27.4 Early starts

27.5 Hours of work - part-time employees

28. Breaks

28.1 Meal break

28.2 Rest periods and crib time

29. Overtime and special time

30. Shift work

31. Weekend work

 

Part 7 - Leave of absence and public holidays

 

32. Annual leave

33. Other leave

33.1 Sick Leave

33.2 Personal/Carer's Leave

33.3 Bereavement Leave

33.4 Long Service Leave

33.5 Trade Union Training Leave

34. Parental leave

35. Jury service

36. Public holidays and holiday work

 

Part 8 - Transfers, travelling and working away from usual place of work

 

37. Living away from home - distant work

37.1 Qualification

37.2 Employee’s address

37.3 Entitlement

37.4 Travelling expenses

37.5 Daily fares allowance

37.6 Weekend return home

37.7 Construction Camps

37.8 Rest and recreation

37.9 Termination

37.10 Construction Camp Standards

37.11 Alternative paid day off procedure

38. Fares and travel patterns allowance

38.1 Metropolitan radial areas

38.2 Distant jobs

38.3 Country radial areas

38.4 Travelling outside radial areas

38.5 Travelling between radial areas

38.6 Provision of transport

38.7 Requirements to transfer

38.8 Transfer during working hours

38.9 Daily entitlement

38.10 New South Wales fares and district boundaries

38.11 Apprentices

38.12 Table of fares and travel allowances

 

Part 9 - Training and related matters

 

39. Special Provisions relating to Apprentices

39.1 Limitation of Overtime

39.2 Prohibition of Labouring Work, Etc.

39.3 Proportion

39.4 Transport of Apprentice's Tools

39.5 TAFE and Other Approved Training Provider Fees

 

Appendix A - Piecework Rates - Gypsum Plasterboard

Appendix B - Tilelayers Piecework

Appendix C - New South Wales Boundaries

Appendix D - Roof Slaters and Tilers Piecework Rates

 

3. Anti-Discrimination

 

3.1 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.

 

3.2 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.

 

3.3 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.

 

3.4 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.

 

3.5 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."

 

4. Classification Definitions

 

4.1 Tradesperson Classifications -

 

4.1.1 "Bricklayer" shall mean an employee employed on bricklaying or tuckpointing work. Without limiting the generality of the foregoing the work of bricklayers may include:

 

Bricklaying, cleaning down brickwork, brickcutting, tiling, setting pointed brickwork, firework, setting coke slabs, coke bricks, cutting openings in brickwork, stone setting and the laying of all types of blocks including concrete, masonry, terra cotta, glass, plaster, plastic and synthetic or reconstituted material blocks or bricks, paving bricks and bricks, blocks or tiles laid in sand.

 

4.1.2 "Carpenter-diver" means an employee engaged to do work (not being work specifically provided for in the General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award, published 11 June 1999 as varied, from time to time) under water, requiring the use of a recognized diving dress, which work if done on the surface, would be the work of a bridge and wharf carpenter as provided in and by this award and such other work, if not done on the surface, as is ordinarily done by carpenter-divers under water and is generally recognized to be their work in, for example, and for example only, the construction repair, demolition, or inspection of wharves and/or bridges, piers, jetties, dolphins, slipways, dams reservoirs, coffer-dams, bulkheads, cylinders and caissons (provided that in the case of slipways, coffer dams, bulkheads and caissons they are not in a recognized shipyard or dock), the inspection of or salvage work on ships, boats, barges, punts or pontoons and the removal of any obstructions or fouling on such vessels but without prejudice to the present rights respecting salvage work and the removal of obstructions or fouling on the described vessels of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch.

 

4.1.3 "Bridge and wharf carpentry" means the carrying out or responsibility for, with or without supervision, the marking out and the measurement of all timber including the jointing, connecting and final dressing to size of hewn, sawn, round or dressed timber, for the checking and seating of girders and corbels and other work involving final measurement, cutting accurately to size and fitting of timber, with or without plans, in or in connection with the erection, maintenance, alteration, renovation or demolition of:

 

(a) bridges, culverts, wharves, piers, jetties, dolphins and similar types of work of heavy engineering construction;

 

(b) timber and timber composite coal or metal storage bins and hoppers;

 

(c) timber work on gantries, towers, flying-fox towers swimming baths tank stands dams and reservoirs on which an axe or adze is used in the preparation or fitting;

 

(d) coffer-dams apart from shipping;

 

(e) cattle stops and rabbit stops, ramps, buffer stops, water races, pits and heavy timber work in railway platforms, trucking yards and stockyards;

 

(f) and generally all heavy construction work which necessitates the use of an axe or adze in the preparation and fitting of such carpentry work;

 

(g) all falsework and concrete formwork in connection with any of the above-mentioned structures except concrete formwork of special design or finish which requires the special skill of a carpenter and joiner. In each case the employer shall determine which portion of the formwork requires the special skill of a carpenter joiner.

 

Bridge and wharf carpentry shall not include any work in connection with the construction or erection of buildings.

 

4.1.4 "Carpenter and Joiner" means an employee employed as a carpenter and/or joiner upon shop fitting work or construction work as defined in this clause. Without limiting the generality of the foregoing, the work of carpenters may include -

 

(a) work in connection with prefabricated units;

 

(b) the marking out, lining, plumbing and levelling of steel formwork and supports thereto;

 

(c) the stripping of steel formwork shutters or boxing;

 

(d) the erection of curtain walling and the fixing of external wall cladding;

 

(e) the erection of suspended ceilings except where wet plaster is used;

 

(f) the erection of metal windows or doors;

 

(g) the manufacture, installation, alteration and/or repair of shopfronts, showcases, exhibitors' stands, and interior fittings and fixtures in or on buildings.

 

Provided that -

 

(i) the drawing or shaping of metal is not required in respect of (d), (e) and (f) hereof; and

 

(ii) nothing in this definition shall be construed as giving a carpenter an exclusive right to the work specified in (c), (d), (e) and (f) hereof.

 

4.1.5 "Painter" means an employee engaged in any manner whatsoever in the painting and/or decorating of or in connection with all buildings and structures plant, machinery, and equipment, fences and posts (commercial, residential, industrial or otherwise).

 

The painting of or in connection with prefabricated buildings and structures, plant machinery and equipment (commercial, residential, industrial or otherwise) and any pre-fabricated or other parts of prefabricated buildings and structures as aforementioned.

 

Without limiting the generality of the foregoing the work of painters includes the painting of pipe lines, conduits, valves, condensors, cocks, control and/or regulating stations or sub-stations and/or pumping, suction syphon, syphon or booster stations or sub-stations and/or storage holders pressure regulating holders and/or trestles, bridges, viaducts, pylons and any other supports and all machinery and accessories relating to the foregoing on water, land or sea, used or to be used for the purpose of storing and/or regulating and/or conveying liquids or gases including natural oils and gases. Paperhanging applying and/or fixing wallhangings or coverings, decorating, distempering, plastic relief and texture work, graining, marbling, gilding, enamelling, varnishing, lacquering and the replacement of glass.

 

The mixing of and/or application of and/or fixing of paint or like matter or substitute or mixtures or compositions or compounds for texture or plastic coating and finishes or other decorative or protective coatings and/or finishes, or putty, stopping caulking mixtures, compositions or compounds, oils, varnishes, watercolours, lacquers, stains, wallpapers, wall-hangings or coverings, coatings, and/or other materials used in the painting and decorating trade with a brush, spray, roller or other tool or remove paint or like matter or substitutes or mixtures or compositions or compounds for texture or plastic coatings and finishes or other decorative coatings and/or finishes or putty, stopping or caulking mixtures, compositions or compounds, oils, varnishes, water-colours, lacquers, stains, wallpapers, wall hangings, or coverings, coatings or other materials used in painting and flame decorating trade by heat,, water solvents, electrical, mechanical, air powered or hand tools or by grit, shot, or other abrasives or by any other means and the preparation of the work and materials required in any of the aforementioned branches of the trade.

 

4.1.6 "Plasterer" means an employee employed on internal and/or external plastering and/or cement including without limiting the generality of the foregoing, finishing and/or topdressing and/or patching concrete work, rendering with all forms of plaster including applying and finishing acoustic, insulating or fireproofing materials bonded with plaster, plastic, cementitious or similar substances, water proofing work in cement, bitumen, plaster or patent material, granolithic floor laying (i.e., floors laid with material or aggregate consisting of marble chip, blue stone toppings, crushed slag or similar material) press cement work, cement floors (including magnesite and/or composition floors, marble mosaic paving terrazzo and similar work, texture or pebble finish work formed in cement, plaster, asbestos, vermiculite, pearlite or other expanded aggregate or patent materials, sewer and/or tunnel plastering including the rendering of manholes, pits, sumps, tanks and filter beds, lathing for plastering work scagliola and similar work, fibrous plaster, plaster glass casting and fixing, ceiling fixing, plasterboard fixing and plasterboard cornice manufacture and fixing, whether all of the foregoing is done by manual or mechanical means together with any of the work defined for the following specialist categories:

 

4.1.7 "Fixer" means an employee employed on the work of-fixing or finishing of fibrous plaster, plasterglass or similar material, gypsum plasterboard and other composite boards when flush joined, or plaster products and includes the spraying by manual or mechanical means of light weight aggregates when used for decorative and fire prevention purposes. Fixing of acoustic tiles, in-fill panels and cornices of an earth base including all necessary suspensions and fixings.

 

4.1.8 "Floorlayer Specialist" is an employee employed on the work of the top dressing on concrete work, whether finished in cement. terrazzo, marble, granolithic, bitumen, magnesite, and similar substances by manual or mechanical means and all such concrete work incidental to the preparation and laying of such floors, steps or risers.

 

4.1.9 "A Shophand" is an employee who performs any or all of the following duties:

The interpretation of plans and detailing of any work from them in the preparation of work for the modeller, the making of all plaster or cementpiece moulds, wax moulds, fibreglass moulds, or moulds of any description used for the purpose of making and/or casting fibrous plaster, plaster glass, plaster, plastic, fibreglass, or pressed cement work.

 

4.1.10 "Caster" is an employee employed in any or all of the following duties:

 

The cleaning and greasing of benches and moulds, the gauging of plaster, plastic or cement, the bedding of fibre and all reinforcements, ruling and trowelling of casts, used for the purpose of making and/or casting fibrous plaster, plasterglass plastic, or pressed cement work.

 

4.1.11 "Assistant" means an employee engaged assisting or labouring and who is otherwise not classified in 4.1.6, 4.1.7, 4.1.8, 4.1.9 and 4.1.10.

 

4.1.12 "Roof Tiler, Slater, Shingler, Ridger or Roof Fixer" shall mean an employee of the trade or calling of tiling roofs or fixing roofing sheets of asbestos, fibro, fibrolite or cement mixtures and accessories, sisalkraft, pabcotile and all accessories made of the same materials and which, without limiting the meaning of the above shall include: terra cotta, glazed, semi-glazed roofing tiles, cement tiles, slates, fibro slates, tiles, asbestos, fibro, fibrolite, fibrous mixtures, cement and any mixtures that may replace or be used in conjunction with the foregoing or any materials incidental hereto or in place thereof, and work incidental to the above work including battening for tiles, typing, nailing or carrying tiles, etc., and the laying and/or pointing of ridges and barges.

 

Provided that this definition shall not extend to fixing or applying to, or in connection with roofs, malthoid and all bituminous roofing materials and all accessories.

 

4.1.13 "Signwriters" shall mean an employee who is in addition to having a knowledge of painting, staining and varnishing does any of the following work:

 

Signwriting, designing and/or lettering of price tickets and showcards.

 

Pictorial and scenic paintings, or production of signs or posters by means of stencils screens or like methods or any other work incidental thereto including cutout displays of all descriptions, pictorial, scenic or lettering and without limiting the generality of the foregoing shall include -

 

(a) lettering of every description, size or shape applied by brush on any surface or material which, without limiting its meaning shall include stone, wood, iron, metal, brick, cement, glass (plain or fancy), canvas, paper, calico, sheeting bunting, silk, satin, wire blinds;

 

(b) designing for windows, posters, show window and theatre displays, honour rolls, illuminated addresses, neon signs, stencils, and display banners;

 

(c) gilding, i.e., the application of gold, silver, aluminium, or any metal leaf to any surface;

 

(d) designing and laying out of cutout displays of all descriptions, either pictorial, scenic or lettering;

 

(e) screen process work, i.e., the designing, setting up and the operation for duplication of signs on any material whether of paper, fabric, metal, wood, glass or any similar material.

 

Without limiting the general meaning signwriting work, shall include making of stencils and stencilling by screen or any other method, and the making and/or fixing of transfers.

 

4.1.14 "Stonemason" shall mean an employee on construction work, engaged in the dressing, setting, fixing, coping, drilling or boxing up any kind of stone including terrazzo, composition or other reconstituted stone by hand or machine, that has to be cut to a mould or template, or which has to be proven by a square or straight edge or set to a line or level, and includes a worker who fixed manufactured stone to the facade of a building or the building of stone veneer in random or ashlar; the restoration and colouration of decayed stone, including the preparation and use of materials or liquids of any sort necessary for such work. The dressing and/or setting of all kinds of masonry shall be regarded as masons' work but if no mason be immediately available, a competent tradesperson may set plain sills, step, templates, windows or door heads.

 

4.1.15 "Carvers" on construction work are those who carve any kind of stonework, which does not come within the definition of stonemasonry appearing in 4.1.14, for the decoration of buildings or other stonework, from a model or freehand design.

 

4.1.16 "Letter Cutters" on construction work are those who mark out, cut or finish letters in any kind of stone or artificial or reconstituted stone.

 

4.1.17 "Machinist" means an employee on construction work who operates a machine for the sawing, gritting, dressing, facing or polishing of all kinds of stone composition or reconstituted stone, terrazzo or similar compositions.

 

4.1.18 "Floor Layer" shall mean a person who lays floors in terrazzo or similar composition in which marble, slate, or similar stones are used in the making thereof, and shall include persons casting or laying down precast work, but shall not include persons assisting or labouring in the operation.

 

4.1.19 "Stoneworker" means a worker who does all or any of the following classes of work whether hammer dressed or sawn:

 

(i) Foundation work;

 

(ii) Building random rubble uncoursed or building squared rubble in courses or regular courses rubble and dressing quoins or shoddies in connection with any such work;

 

but this definition shall not itself be taken to prejudice or affect the right of any other classes of tradesperson to do any class or kind of work they have hitherto been accustomed to do.

 

4.1.20 "A Quarryperson" shall mean an employee engaged in a dimension stone quarry, and who in the course of this work performs toe-grooving, block lifting, scabbling or cutting stones to size by use of hammers, picks, gads, wedges and/or machine.

 

A dimension stone quarry shall be any place from which stone to a stated size is excavated but shall not include a place where stone is excavated for the purpose of being used as ballast filling or random rubble, nor does it include the excavation of basements or the excavation of the foundations of buildings.

 

4.1.21 "Stonemason's Assistant" shall mean a person employed in the industry assisting or labouring and who otherwise is not classified in 4.1.14, 4.1.15, 4.1.16, 4.1.17, 4.1.18, 4.1.19 and 4.1.20 above.

 

4.1.22 "Tilelayer" shall mean, without limiting the meaning of the word tilelayers, persons employed in the laying or fixing of tiles, faience, mosaic, ceramic, opalite and the like not exceeding in measurement 930 square centimetres when such opalite and the like is fixed with cement composition.

 

4.1.23 "Marker or Setter Out" means an employee mainly employed marking and/or setting out work for other employees.

 

4.1.24 "Special Class Tradesperson" means a tradesperson carpenter and/or joiner, bricklayer, plasterer, or stonemason who is engaged on work of restoration, renovation, preservation, or reconstruction of historical or "national trust" type buildings the performance of which required the use of complex, high quality trade skills and experience which are not generally exercised in normal construction work. For the purpose of this definition complex and high quality trade skills and experience shall be deemed to be acquired by the tradesperson:

 

(a) having had not less than 12 months on-the-job experience of such skilled work; and

 

(b) having, by achievement of an approved qualification, or the achievement of knowledge and competency by other means, including the on-the-job experience in paragraph (a) above as will enable the tradesman to perform such work unsupervised where necessary and practical, to the required standard of skilful execution.

 

4.1.25 "Hard Floor Coverer" shall mean without limiting the generality of the foregoing, persons employed in the preparation and laying to walls and floors of vinyl tiles and sheeting, cork tiles and sheeting, parquetry, and in the process of floor-sanding (but not including French polishing) and all related work and substitute or similar coverings but excluding carpet and linoleum.

 

4.2 Labourer Classifications -

 

4.2.1 "Assistant Powder Monkey" means a person assisting under the direct supervision of a powder monkey in placing and firing explosive charges excluding the operation of explosive power tools.

 

4.2.2 "Assistant Rigger" -

 

(a) means a person assisting under the direct supervision of a rigger in erecting or placing in position the members of any type of structure (other than scaffolding and aluminium alloy structures) and for the manner of ensuring the stability of such members, for dismantling such structure or for setting up cranes or hoists other than those attached to scaffolding and who has attained the national uniform occupational health and safety certificate of competency.

 

Shall include an employee either performing rigging work that is an integral part of, or is incidental to a tradesperson's work or work that is an integral part of or is incidental to, cranage operations.

 

(b) An employee classified or employed as an assistant rigger shall be assisted by their employer in the completion of their WorkCover Authority Training Logbook or equivalent paperwork, needed towards the attainment of the national uniform occupational health and safety certificate of competency by signing authentic daily entries.

 

(c) Not more than one assistant rigger shall be employed in any rigging gang (including leading hand and dogger) when the number of employees in the gang does not exceed five.

 

4.2.3 "Concrete Finisher" means an employee other than a concrete floater engaged in the finishing of concrete or cement work by hand not being a finish in marble mosaic or terrazzo.

 

4.2.4 "Concrete Floater" means an employee engaged in concrete or cement work and using a wooden or rubber screeder or mechanical trowel or wooden float or engaged in bagging off or broom finishing or patching.

 

4.2.5 "Foundation Shaftsperson" means a builder's labourer employed on the sinking of shafts which will exceed 6 metres in depth for foundations of buildings or upon consequential steel fixing, timbering and concreting therein.

 

4.2.6 "Scaffolder" means a person engaged substantially in the erecting or altering or dismantling of any structure or framework used or intended to be used in building operations;

 

(a) to support workers or materials; or

 

(b) to support formwork; or

 

(c) as a temporary support for members or parts of a building.

 

Where such structure or framework is composed of standards and/or ledgers and/or put logs or any combination of these components normally used in scaffolding work.

 

Nothing in this definition shall extend to any scaffolding used or intended to be used to support workers or materials which is not intended to be erected to a height over 5 metres.

 

Nothing in this definition shall extend to:

 

(i) any work relating to formwork which work consists solely of the tying together of occasional pieces of scaffolding tube to acrow or similar type props; or

 

(ii) any work which consists of a structure or framework composed solely of timber.

 

5. General Definitions

 

5.1 Construction Work: Means all work performed under this award in connection with the erection, repair, renovation, maintenance, ornamentation or demolition of buildings or structures, including the making, assembling or fixing of woodwork and fittings in connection therewith, the making, preparing, assembling and fixing of any material necessitating the use of tradesperson's tools or machines including all work performed by stonemasonry classifications and the prefabricating of a building in an open yard. For the purpose of this definition "maintenance" is confined to persons employed by building and construction industry employers respondent to this award.

 

5.2 "Direct Supervision" means in relation to 4.2.1 and 4.2.2 that the powder monkey or rigger, as the case may be, must be present on the job to guide the work during its progress.

 

5.3 "Employee" means a person employed by an employer (as defined) under this award performing the work within the scope of this award and includes an apprentice.

 

5.4 "Employer" means an employer covered by this Award.

 

5.5 "Foreperson" means a Bridge and Wharf Carpenter who is given by the employer, or their agent, the responsibility for supervising the programming of work.

 

5.6 "Leading Hand" means an employee who is given by the employer, or their agent the responsibility of directing and/or supervising the work of other persons, or in the case of only one person the specific responsibility or directing and/or supervising the work of that person.

 

5.7 "Operator of explosive-powered tools" means an employee qualified in accordance with the laws and regulations to operate explosive-powered tools.

 

5.8 "Ordinary Time" means rates as calculated in accordance with clause 18 of this award:

 

"Time and one-half" means ordinary time plus 50%;

"Double Time" means ordinary time plus 100%;

"Double time and one-half" means ordinary time plus 150%.

 

5.9 "Act" means the Industrial Relations Act 1996 (NSW).

 

5.10 "The Union" shall mean the Construction, Forestry, Mining, & Energy Union, Construction and General Division NSW Divisional Branch.

 

5.11 "Trainee Apprentice" means an employee who, under conditions prescribed by this award, is serving a period of training without an indenture of apprenticeship for the purpose of rendering them fit to be a qualified worker in that calling.

 

5.12 "Indentured Apprentice" means an employee who is serving a period of training under an indenture for the purpose of rendering them fit to be a qualified worker in a trade.

 

5.13 "Probationer" means a person employed in a trade with a view to ascertaining their suitability for engagement as an indentured apprentice.

 

5.14 "Apprentice" includes trainee apprentice.

 

5.15 "New South Wales" shall be taken as the State of New South Wales excluding the Country of Yancowinna.

 

5.16 In relation to tilelaying work:

 

(a) "Aggregate" is the material forming the bulk or mass of a mixture.

 

(b) "Architrave" is the moulding at the top and sides of a door or a window opening.

 

(c) "Dado" meaning the lower part of a wall.

 

(d) "Encaustic tile" an inlaid tile of two or more colours.

 

(e) "Faience" meaning glazed terra cotta.

 

(f) "Grout" is liquid mortar for filling joints.

 

(g) "Matrix" that in which the aggregate is bedded.

 

(h) "Nosing" being a general term for a round edge tile.

 

(i) "Rendering" a coating of mortar.

 

(j) "Reveal" the return into a window or a doorjamb.

 

(k) "Rise" the height of a step; the height of an arch from the springing line to the crown.

 

(l) "Scratch Coat" is a coating of mortar well scratched to give a good key.

 

(m) "Ceramic" an article made of baked clay, in the tile trade, the word is used to designate a tile made of compressed clay and silica which is rather glassy or vitreous in nature and will not absorb water.

 

(n) "Chipping Off". Cutting away mortar or concrete, with a sharp-edged tool such as a hammer or chisel.

 

(o) "Mortar". A combination of sand, cement, either fireclay or lime and water.

 

(p) "Mosaic". Small bits of tile, stone, glass, &c., which form a surface design of intricate pattern. Often laid over mortar or metal.

 

(q) "Pointing". Filling joints with mortar, or repairing holes (see tuckpointing).

 

(r) "Quarry". Used to designate tiles which are large and thick similar to slabs of stone cut in a quarry. These are vitreous tiles, and require no soaking.

 

(s) "Riser". The upright portion of a stair step which supports the front of the tread. The part which keeps the toe from getting under the tread.

 

(t) "Screed". A strip of wood, often 2 inches by 4 inches set down as a guide for attaining a level surface of concrete. In the tile trade, it refers to a piece of wood used as a straight edge.

 

(u) "Terrazzo. A type of floor or wall finish obtained by imbedding small sized pebbles or crushed rock in concrete and grinding and polishing the surface to a smooth finish.

 

(v) "Tuckpointing". Filling in crevices, as with mortar, mastics, etc.

 

(w) "Unglazed". Without a glaze, referring to pressed and baked tiles, with a smooth, earthy surface.

 

(x) "Vitreous". Glassy in texture and containing sand which has been melted. Vitreous tiles will not absorb water.

 

(y) "Sill". The bottom part of a window opening.

 

(z) "Skirting". The lowest part of a wall.

 

(aa) "Soffit". The top of a window or door opening.

 

(bb) "String Course". Meaning a course of tiles running parallel to the step nosing in a staircase.

 

(cc) "Terracotta". A kind of hard pottery, mostly used for facing buildings.

 

(dd) "Tread" is the top of a step, exclusive of the nosing.

 

5.17 Notes in the text of this Award do not form part of this Award.

 

6. Area, Incidence And Duration

 

6.1 This award rescinds and replaces the following awards:

 

(a) the Building Tradesmen (State) Construction Award published 16 July 1975 and reprinted 23 May 1984 (233 I.G. 1371) and all variations thereof;

 

(b) the Building Tradesmen (State) Construction - 1996 Wages Adjustment Award published 18 April 1997 (297 I.G. 990) and all variations thereof;

 

(c) the Building and Construction Industry Labourers’ On Site (State) Award published 27 May 1987 and reprinted 29 November 1991 (266 I.G. 204) and all variations thereof;

 

(d) the Building and Construction Industry Labourers’ On Site - 1992 Expense Related Allowances (State) Award published 29 September 1995 (288 I.G. 347), and all variations thereof; and

 

(e) the Building and Construction Industry Labourers’ On Site - 1996 Wages Adjustment (State) Award published 18 April 1997 (297 I.G. 1109), and all variations thereof.

 

6.2 Unless otherwise expressly stipulated by this award or specified in any subsequent variation thereof, no employee shall be reduced in status or position nor have his rate of remuneration reduced or any of his conditions of employment adversely affected merely as a consequence of the making of this award.

 

6.3 Subject to the exceptions and modifications contained in this award, this Award applies in the State of New South Wales and only in respect of the employment of persons eligible to be members of the unions to the employment of:

 

(a) persons engaged on construction work of the classifications contained in this award;

 

(b) painters and signwriters employed in a painting or signwriting shop by an employer whose principal business is in the building and construction industry who in addition to carrying out on-site construction work also operates a painting and/or signwriting shop; and

 

(c) as builders' labourers about any building or assisting any bricklayer, mason, plasterer, carpenter, plumber, or any tradesperson engaged on building operations or employed on any making or contracting job in wood, stone, brick, concrete, iron or steel or combination of those or other materials incidental to building construction, repair, demolition or removal of buildings or as a scaffolder, rigger, gantry hand and crane hand, dogger , powder monkey, pile driver, jack hammer-person , winch or hoist driver, tackle hand, mixer driver, operator of motorised dump barrows, monorail skips, vibrators for packing concrete, on any building site and any labourer assisting a tradesperson on building sites in placing pre‑stressed or pre‑cast concrete components, or in placing curtain walling or in work in connection with the lift slab method of erection and any labourer on building sites erecting steel formwork or support thereto, any labourer excavating ground for foundations and basements of building or levelling ground on the site of and within the alignment of the actual building to be erected or doing concrete work, or mortar or concrete mixing in connection with or incidental to the foregoing operations and including all builders' labourers employed as such in connection with all work of the Building Industry performed on the site thereof.

 

Provided that this award shall not apply to any builder's labourer employed solely assisting any plumber, or employed by a plumbing Contractor on plumbing work.

 

It shall not apply to employment by an employer in any industry where work performed by the employee is subsidiary or auxiliary to the chief and principal purposes and business of such industry.

 

6.4 Provided that this award shall not apply to the following:

 

(a) The making of implements of agriculture.

 

(b) The work of ship carpenters or ship joiners or of seagoing carpenters on articles or ship painters or ship signwriters or ship grainers or ship gilders.

 

(c) Employees classified in this award who are employed by a mixed enterprise in a maintenance and/or ancillary capacity.

 

(d) Employees working in the County of Yancowinna.

 

(e) Employees whose rates of pay and conditions of employment are regulated by the Crown Employees (Skilled Tradesmen) Award or any award replacing same.

 

(f) Employees of an employer who is respondent to the National Building and Construction Industry Award, 2000;

 

(g) Employees of Public Hospitals in New South Wales.

 

6.5 The award shall take effect from the beginning of the first pay period on or after 15 March 2001 and shall remain in force for a period of 24 months.

 

7. Relationship With General Construction (State) Award

 

Where employees bound by this award are employed on a project where the majority of employees are covered by the General Construction and Maintenance Civil and Mechanical Engineering, &c. (State) Award then the relevant provisions of that award, relating to Hours of Work, Shift Work, Rest Periods, Camping Allowance and Accommodation on Distant Work, Amenities and First-aid Provisions shall apply in lieu of similar provisions in this award.

 

8. Relationship With National Building And Construction Industry Award 2000

 

In order to maintain a basis of uniformity this award is based on the current award of the Australian Industrial Relations Commission known as the National Building and Construction Industry Award 2000 or any award to replace that award.

 

9. Leave Reserved

 

Leave is reserved to the parties to apply at any time for variation of this award to bring rates of pay and conditions into line with the award of the Australian Industrial Relations Commission, or any variation thereto referred to in clause 8 above.

 

PART 2 - ENTERPRISE FLEXIBILITY

 

10.1 STRUCTURAL EFFICIENCY EXERCISE

 

10.1.1 An employer may direct an employee to carry out some duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling. Any direction issued by an employer shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

 

10.1.2 The parties to this award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the Building and Construction Industry and to enhance the career opportunities and job security of employees in the industry.

 

10.1.3 Working parties have been established under counterpart federal awards for the testing and/or trialling of various skill levels and to enable proper consultation with both employees and employers in the industry on matters consistent with the objectives of clause 10.1.2. The rights of all parties at a State level shall be reserved in relation to the decision of the federal working party.

 

10.1.4 Measures raised for consideration consistent with clause 10.1.3 shall be related to implementation of a new classification structure, any facilitative provisions contained in this Award and matters concerning training.

 

10.1.5 Without limiting the rights of either an employer or a Union to arbitration, any other measure designed to increase flexibility on a site or within an enterprise sought by any party shall be notified to the relevant working party and by agreement of the parties involved shall be implemented subject to the following requirements:-

 

* the changes sought shall not effect provisions reflecting National standards;

 

* the working party will consider the implications of the proposed measures for existing on-site arrangements;

 

* the majority of employees affected by the change at the site or enterprise must genuinely agree to the change;

 

* no employee shall lose income as a result of the change;

 

* the relevant union or unions must be a party to the agreement;

 

* any agreement shall be subject where appropriate to approval by the Industrial Relations Commission of New South Wales and, if approved, shall operate as a Schedule to this Award and take precedence over any provision of this Award to the extent of any inconsistency.

 

10.1.6 Award restructuring shall 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.

 

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

 

(i) develop a more highly skilled workforce;

 

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

 

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

 

10.1.8 Any disputes arising in relation to the implementation of this clause shall be subject to the provisions of the Settlement of Disputes Clause.

 

10.2 Award Modernisation

 

10.2.1 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.

 

10.2.2 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

 

Part 3 - Consultation And Dispute Resolution

 

11. Settlement Of Disputes

 

11.1 Where an employee or the workplace delegate has submitted a request concerning any matter directly connected with employment to a foreperson or a more senior representative of management and that request has been refused, the employee may, if they so desire, ask the workplace delegate to submit the matter to management and the matter shall then be submitted by the workplace delegate to the appropriate executive of the employer concerned.

 

11.2 If not settled at this stage, the matter shall be formally submitted by the State Secretary of the union to the employer.

 

11.3 If not settled at this stage, the matter shall then be discussed between such representatives of the union, as the union may desire and the employer, who may be accompanied by or represented by such officers or representatives of an association of employers as the employer may desire, including, where agreed, processing the dispute through locally organised boards or committees set up by the parties for this purpose.

 

11.4 If the matter is still not settled, it shall be submitted to the Industrial Relations Commission of New South Wales.

 

11.5 Where the above procedures are being followed, work shall continue normally. No party shall be prejudiced as to final settlement by the continuance of work in accordance with this subclause.

 

11.6 Notwithstanding anything contained in the previous five paragraphs, the respondents shall be free to exercise their rights if the dispute is not finalised within seven days of notification.

 

11.7 This clause shall not apply to any dispute as to a bona fide safety issue.

 

11.8 In connection with any dispute concerning a workplace delegate this clause shall be subject to the provisions of subclause 12.5.2.

 

11.9 Posting of Awards - Section 361of the Act which provides for the exhibition of industrial instruments in the workplace shall be a term of this award.

 

11.10 Posting of Notices - An employer shall not prevent an official of the union authorised in writing in that behalf, from posting on an employer's premises or job a copy of any official notice of the union provided such notice is of reasonable size.

 

Part 4 - Employer And Employees’ Duties, Employment Relationship And Related Arrangements

 

12. Employer And Employee Duties

 

12.1 Work organisation -

 

12.1.1 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 of this award provided that such duties are not designed to promote de-skilling.

 

12.1.2 Any direction issued by an employer shall be consistent with the employer’s responsibilities to provide a safe and healthy working environment.

 

12.2 Employer Records - Section 129 of the Act which requires that an employer must ensure that certain records are kept in relation to employees of the employer shall be a term of this award.

 

12.3 Right of Entry - See Part 7, Chapter 5 of the Act.

 

12.4 Protection of Employees -

 

12.4.1 The employer shall provide Personal Protective Equipment in accordance with the relevant regulation for the protection of employees working on oxyacetylene welding or arc welding.

 

12.4.2 The employer shall provide gas masks for employees engaged upon work where gas is present.

 

12.4.3 Employees employed on refractory brickwork shall be X-rayed, if they so require, at the employer's expense and in his time, once in each period of six months.

 

12.4.4 An employee shall not raise or lower a swinging scaffold (other than a bosun's chair) alone and an employer shall not require an employee to raise or lower a swinging scaffold alone.

12.4.5 An employee shall not be required to carry materials, the property of the employer, from job to job. This provision shall not apply where materials are carried to or from a job in a vehicle belonging to the employer.

 

12.4.6 The employer shall supply sufficient facilities for washing. Five minutes shall be allowed before lunch and before finishing time to enable employees to wash and put away gear. In the case where toxic substances, covered by 25.10 have been used the employee will be allowed ten minutes to wash when the toxic substance use is discontinued or before lunch and/or finishing time if the use continues up to that time.

 

12.4.7 No employee shall be required to use a paint brush exceeding centimetres in width or 227 grams in weight or a kalsomine brush exceeding 20.3 centimetres in width.

 

12.4.8 Hand protective paste - Every employer of painter, signwriter, plasterer employees shall at the request of any such employee provide hand protective paste for the use of such employee.

 

NOTE: Regulations made under state legislation details the requirements for employers to provided for the Health Safety and Welfare of Employees at work. These regulations cover matters specific to the Building and Construction Industry. This includes matters such as:

 

- Induction and Training

- Responsibilities of Principle and Sub Contractors

- Hazardous Substances

- Demolition Work

- Design, Supply, Installation and Working with Plant and Equipment

- Use of Hazardous Substances

- Working on Heights, etc

 

12.5 Workplace Delegates -

 

12.5.1 An employee appointed as a workplace delegate shall upon notification by the union to the employer be recognised as the accredited representative of the union to which they belong and they shall be allowed all necessary time during working hours to submit to the employer matters affecting the employees they represent and further shall be allowed reasonable time during working hours to attend to job matters affecting their union. Provided that the foregoing does not relieve the workplace delegate of the obligation imposed upon them by their employer.

 

A workplace delegate shall notify the principal contractor's representative and their union prior to the calling of any stopwork meeting so that the procedures laid down in clause 11 Settlement of Disputes, of this award, may be observed before any stoppage of work occurs.

 

12.5.2 Prior to dismissal or transfer, two days' notice shall be given to any workplace delegate and the union. Payment in lieu of notice shall not be given. In the event of the union disputing the decision of management to transfer the workplace delegate or terminate their service they shall remain on the job during which time it will be dealt with by the Industrial Relations Commission of New South Wales.

 

The appropriate union shall, within 3 working days of notifying the management that it disputes the decision to transfer or terminate the workplace delegate, request the Industrial Registrar in writing to refer it to the Industrial Relations Commission to deal with the matter.

 

The union and the employer shall do all things necessary to enable the Industrial Relations Commission to hear the matter within 10 working days of the management decision to transfer or terminate the workplace delegate. If the Industrial Relations Commission cannot sit within 10 working days because of the employer's failure to co-operate, the decision to transfer or terminate the workplace delegate shall be null and void.

 

If the Industrial Relations Commission cannot sit within 10 working days because of the union's unavailability the workplace delegate’s transfer or termination shall automatically take effect at the expiry of the period of 10 working days.

 

Provided that nothing in this subclause shall prevent the parties proceeding by agreement to have the matter settled in accordance with clause 11.1 in lieu of referring the matter to the Industrial Relations Commission of New South Wales.

 

Provided further that nothing shall affect the right of the employer to dismiss a workplace delegate without notice for misconduct or refusing duty.

 

12.6 Amenities -

 

12.6.1 The terms of the Amenities on Construction Work Code of Practice in relation to toilets and drinking water shall apply as a term of this Award.

 

12.6.2 The terms of the Amenities on Construction Work Code of Practice in relation to Change Rooms shall apply as a term of this Award if:

 

(a) there is a total of fifteen employees of all trades, whether under this Award or otherwise employed at the one time, and

 

(b) the job has been or will be of two months duration or longer.

 

12.7 First-Aid Equipment - The employer shall as soon as is reasonably possible supply means, free of charge, to convey to the nearest hospital or doctor at which, or by whom, the employee is to be treated, any employee so seriously injured that it is not reasonably possible for such employee to travel independently of such conveyance.

 

The relevant provisions of the Occupational Health and Safety (First-Aid) Regulation 1989 under the Occupational Health and Safety Act, 1983 which prescribes that a first-aid kit with specified contents shall be provided and maintained by the employer on each job, shall be a term of this award.

 

12.8 Special Tools and Protective Clothing -

 

12.8.1 The employer shall provide the following tools and protective clothing when they are required for the work to be performed by the employees:

 

(a) Bricklayers: Scutch combs; hammers (excepting mash and brick hammers), rubber mallets; T-squares.

 

(b) Carpenters and Joiners: Dogs and cramps of all descriptions; bars of all descriptions; augers of all sizes, star bits and bits not ordinarily used in a brace; hammers, except claw hammers; glue pots and glue brushes; dowell plates, trammels; hand and thumb screws; spanners; soldering irons.

 

(c) Stonemasons:

 

(i) The employer shall provide all cutting tools, except mash hammers, squares, pitching tools and straightedges up to 1.2 metres in length.

 

(ii) If cutting tools are not provided the employer shall pay 3 cents per hour additional to the wage rates herein prescribed.

 

(iii) Employers shall sharpen in a proper manner, all necessary tools. On completion of engagement all cutting tools provided by the employee shall be sharpened or an allowance made in lieu thereof.

 

(iv) All pneumatic surfacing machines and lathes shall be fitted by the employer with jet sprays or some other suitable device for keeping the stone wet.

 

(d) Plasterers:

 

(i) The employer shall supply all floating rules, trammels, centres, buckets and sieves. Stands for plasterers' mortar boards not less than .8 metres from the ground or where practicable and safe from a scaffold level shall be provided for the plasterer by the employer when requested.

 

(ii) Plasterers shall be provided with overalls when required to brush on to walls and ceilings, bondcrete, plasterweld or similar substances.

 

(iii) The approved brush and roller to perform the work in paragraph (i) of this subclause shall be provided by the employer.

 

(e) All employees:

 

(i) All power tools and steel tapes over 6 metres.

 

(ii) Gloves, and at the request of the employee, hand protective paste, shall be provided by the employer for employees engaged in handling hot bitumen, creosote, oiled formwork and in washing down brickwork.

 

(iii) An employee required to use toxic substances shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.

 

(iv) Employees using such materials will be provided with and shall use all safeguards as are required by clause 12.4, Protection of Employees, of this award and the appropriate Government authority or in absence of such requirement such safeguards as are defined by a competent authority or person chosen by the union and the employer.

 

(v) For the purpose of this subclause toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.

 

(vi) The employer shall make available for the use of carpenters and joiners, during working hours, a suitable grindstone or wheel together with power (hand or mechanically driven) for turning it. If a grindstone or wheel is not made available the employer shall pay to each carpenter or joiner an allowance set out in subclause 25.28.

 

12.8.2 Special conditions to apply to bricklayers and labourers engaged on construction or repairs to refractory brickwork.

 

Supply of Overalls, Gloves, Boots.

 

(a) Gloves shall be supplied when employees are engaged on repair work and shall be replaced as required, subject to employees handing in the used gloves.

 

(b) Boots shall be supplied upon request of the employee after six weeks' employment, the cost of such boots to be assessed at $54.00 and employees to accrue credit at the rate of $2.70 per week. Employees leaving or being dismissed before 20 weeks' employment shall pay the difference between the credit accrued and the $54.00. The right to accrue credit shall commence from the date of request for the boots. In the event of boots being supplied and the employee not wearing them while at work, the employer shall be entitled to deduct the cost of the boots if the failure to wear them continues after one warning by the employer. Upon issue of the boots, employees may be required to sign the authority form in or to the effect of the Annexure to this clause. Boots shall be replaced each six months, dating from the first issue.

 

(c) Where necessary, when bricklayers and labourers are engaged on work covered by 25.13 and 25.14 of clause 25 - Special Rates, overalls will be supplied upon request of the employee and on the condition that they are worn while performing the work.

 

Annexure to subclause 12.8.2(c)

 

The employee claiming the supply of boots in accordance with 12.8.2(b) may be required to sign a form giving an authority to the employer in accordance with the following:

 

DEDUCTION FORM

 

I acknowledge receipt of one (1) pair of boots provided in accordance with the provisions of subclause 12.8.2 (b) of this award. Should the full cost of the boots ($54.00) not be met by accumulation of credit (at the rate of $2.70 per week) from .............................................

 

I authorise deductions from any moneys due to me by my employer .................... of an amount necessary to meet the difference between the credit accrued and $54.00.

 

 

Signed ........................... Date ............................

 

13. Employment Categories

 

13.1 Tradespersons and labourers

 

The following provisions shall apply to the classifications contained in 18.1.2 (a), (b) and (d) (other than trainee apprentices) of this award:

 

(a) One day’s notice of termination of employment shall be given on either side or one day’s pay shall be paid or forfeited.

 

(b) Subject to the termination provisions of clause 32 of this award notice given at or before the usual starting time of any ordinary working day shall be deemed to expire at the completion of that day’s work.

 

(c) A tradesperson shall be allowed one hour prior to termination to gather, clean, sharpen, pack and transport tools.

 

(d) Nothing in this clause shall affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty.

 

13.2 Casual Hands -

 

(a) For the purpose of 13.2 hereof, casual hand means an employee who is employed for a period of less than five days (exclusive of overtime) in any continuous period of employment with the same employer. In addition to the rate appropriate for the type of work, a casual hand shall be paid an additional 20% of the rate per hour with a minimum payment as for three hours employment. The penalty rate herein prescribed shall be made in lieu of annual leave, public holidays and sick leave prescribed for other employees in this award.

 

(b) Provided that an employee engaged by the same employer on a regular and/or systematic basis for a sequence of periods of employment of less than five days shall not be a casual hand and shall be entitled to all the conditions of a non-casual tradesperson or labourer.

 

13.3 Part-time employment - An employer and an employee may agree for the employee to work on a part-time basis. Any agreement of this nature shall be in accordance with Part 5 of Chapter 2 of the Act.

 

14. Right To Deduct Pay

 

The employer may deduct payment for any day upon which an employee cannot be usefully employed because of any strike by or participation in any strike by members of the union, or because of any strike by any members of the union employed by the employer, or because of any strike by or participation in any strike by any other union organisation or association or by any branch thereof, or by any members thereof who are employed by the employer; or because of any stoppage of work (other than for inclement weather within the allowance prescribed by clause 21) for any cause, including breakdown of machinery or failure or lack of power, for which cause the employer is not responsible.

 

15. Presenting For Work But Not Required

 

A new employee if engaged and presenting for work to commence employment and not being required shall be entitled to at least eight hours' work or payment therefore at ordinary rates, plus the appropriate fares allowance prescribed in clause 38.

 

Provided that this clause shall not apply if the services of an employee are not required by reason of inclement weather, in which case the provision of clause 21 shall apply.

 

16. Redundancy

 

16.1 Definition: "Redundancy" means:

 

(a) a situation where an employee who has less than 12 months' employment with their current employer and ceases to be employed by an employer, other than for reasons of misconduct or refusal of duty or termination of employment by the employee.

 

(b) a situation where an employee who has more than 12 months' employment with their current employer and ceases to be employed by an employer, respondent to the award, other than for reasons of misconduct or refusal of duty.

 

"Redundant" has a corresponding meaning.

 

16.2 Redundancy Pay: A redundant employee shall receive redundancy/severance payments, calculated as follows, in respect of all continuous service (as defined by subclause 32.5 and subclause 32.6) with their 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 7 weeks pay.

3 years or more but less than 4 years

7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay.

4 years or more

8 weeks pay

 

Provided that where the employee is terminated by the employer for reasons other than misconduct or refusal of duty and the employee has been employed for less than 12 months continuous service, then the employee shall be entitled to a redundancy/severance payment of 1.75 hours per week of service.

 

16.3 "Week's pay" means the ordinary time rate of pay at the time of termination for the employee concerned.

 

16.4 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.

 

16.5 (i) Any period of service as a casual employee shall not entitle an employee to accrue service in accordance with this clause for that period.

 

(ii) Service as an apprentice will entitle an employee to accumulate credits towards the payment of a redundancy benefit in accordance with this clause if the employee completes an apprenticeship and remains in employment with that employer for a further 12 months.

 

16.6 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:

 

(i) 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

 

(ii) 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 greater but not both.

 

16.7 Service as an employee for Crown in the Right of the State of New South Wales shall not be counted as service for the purpose of this clause.

 

16.8 Employee leaving during notice - An employee whose employment is to be terminated in accordance with clause 16.2 may terminate his or her employment during the period of notice and if this occurs, shall be entitled to the provisions of clause 16.2 as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances, the employee shall not be entitled to payment in lieu of notice.

 

16.9 Transmission of Business -

 

(i) 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:

 

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

 

(b) 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.

 

(ii) 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. 

 

17. Termination Of Employment

 

17.1 Subject to subclauses 12.5 and 17.6 of this award one day's notice of termination of employment shall be given on either side or one day's pay shall be paid for forfeited.

 

17.2 Subject to the termination provisions of clause 32 of this award, notice given at or before the usual starting time of any ordinary working day shall be deemed to expire at the completion of that day's work.

 

17.3 A tradesperson shall be allowed one hour prior to termination to gather, clean, sharpen, pack and transport his tools.

 

17.4 The employer shall provide to the employee a written statement specifying the period of his/her employment and the classification of or the type of work performed by the employee.

 

17.5 Nothing in this clause shall affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty.

 

17.6 Termination of Employment of Trainee Apprentices - Two weeks' notice of the termination of employment of a trainee apprentice shall be given by either party

 

Part 5 - Wages And Related Matters

 

18. Classifications And Wage Rates

 

18.1 Wage rates

 

18.1.1 Except as elsewhere provided in this award the rates of pay payable to an employee shall be that prescribed herein calculated as an hourly rate in accordance with 18.1.6 of this clause.

 

18.1.2 Weekly Rates

 

For the purpose of the calculation in subclause 18.1.6 of this clause, the weekly rate for the respective classifications shall be in accordance with the following tables.

 

All wages shall be paid on a weekly basis provided that is shall be an implied term in any contract that an employer shall be at liberty to deduct from the weekly wage of an employee an amount proportionate to the time lost by an employee arriving late for work.

 

18.1.2(a)

 

TRADESPERSONS

Classification

Base Rate Per

Suppl.

State Wage Case

Total

 

Week

Payment Per

Adjustments

Weekly

 

$

Week

$

Rate

 

 

$

 

$

Carpenter diver

489.80

52.10

71.00

612.90

Carver

395.90

52.10

75.00

523.00

Special Class Tradespersons

385.00

52.10

75.00

512.10

Letter Cutter

378.60

52.10

75.00

505.70

Marker or Setter Out

378.60

52.10

75.00

505.70

Signwriter

374.70

52.10

75.00

501.80

Artificial Stoneworker, Bricklayer,

365.20

52.10

75.00

492.30

Bridge & Wharf Carpenter,

 

 

 

 

Carpenter and/or Joiner,

 

 

 

 

Caster,

 

 

 

 

Fixer,

 

 

 

 

Floorlayer Specialist, Marble and

 

 

 

 

Slateworker,

 

 

 

 

Painter,

 

 

 

 

Plasterer,

 

 

 

 

Quarryperson,

 

 

 

 

Roof Tiler,

 

 

 

 

Slater Ridger or Roof Fixer,

 

 

 

 

Shophand,

 

 

 

 

Stonemason,

 

 

 

 

Tilelayer,

 

 

 

 

Hard Floor Coverer

 

 

 

 

Machinist

347.90

52.10

75.00

475.00

Plasterer/Terrazzo Assistant

335.10

52.10

75.00

462.20

 

 

18.1.2(b)

 

LABOURERS

Classification

Base Rate Per Week

$

Suppl. Payment Per Week

$

State Wage case Adjustments

$

Total Weekly Rate

$

Group 1

Rigger, Dogger

362.30

52.10

75.00

489.40

 

Group 2

Scaffolder (as defined), Powder Monkey, Hoist or Winch Driver, Foundation Shaftsperson (as defined), Steel Fixer, including Tack Welder, Concrete Finisher (as defined)

346.70

52.10

75.00

473.80

Group 3

Bricklayer's Labourer, Plasterer's Labourer, Assistant Rigger (as defined), Assistant Powder Monkey (as defined) demolition work (after three months experience), Gear Hand, Jack-Hammerperson, Mixer Driver (concrete), Steel Erector, Aluminium Alloy Structural Erectors (whether prefabricated or otherwise), Gantry Hand or Crane Hand, Crane Chaser, Cement Gun Operator, Concrete Cutting or Drilling Machine Operator, Concrete Gang including Concrete Floater (as defined), Roof Layer (Malthoid or similar material), Dump Cart Operator, Concrete Formwork Stripper

335.10

52.10

75.00

462.20

Group 4

Builders' Labourers other than as specified in classifications (1), (2) and (3) of this paragraph

306.60

52.10

75.00

433.70

 

18.1.2(c) Supplementary Payments - Supplementary payments set out in this clause represent payment in lieu of equivalent overaward payments.

 

"Overaward Payment" is defined as the amount (whether it be termed "overaward payment", "attendance bonus", "service increment", or any term whatsoever) which an employee would receive in excess of the minimum award safety net (i.e. base rate plus supplementary payment) for the classification in which such employee is engaged. Provided that such payment shall exclude overtime, shift allowances, penalty rates, tool allowances, industry allowances, disability allowances, location allowances, special rates or allowances, fares and travelling allowance, and any other ancillary payments of a like nature prescribed by this award.

 

18.1.2(d) Apprentices -

 

(1) Carpenters, Joiners, Bricklayers, Painters, etc., Plasterers, etc., (other than fibrous plaster and gypsum plasterboard fixing or floorlaying), Slaters and Roof Tilers (4 year apprenticeship), Stonemasons and Tilelayers.

 

(i) Indentured Apprentices - The minimum rates of wages for four-year apprentices shall be as follows:

 

 

Base Rate per

Industry

Special

Total per

 

Week

Allowance per

Allowance per

Week

 

$

Week

Week

$

 

 

$

$

 

1st Year

163.90

18.50

17.10

199.50

2nd Year

239.30

18.50

25.30

283.10

3rd Year

317.20

18.50

32.50

368.20

4th Year

371.50

18.50

38.70

428.70

 

(ii) Trainee Apprentices -

 

 

Base Rate per

Industry

Special

Total per

 

Week $

Allowance per

Allowance per

Week $

 

 

Week $

Week $

 

1st Year

184.00

18.50

18.40

220.90

2nd Year

268.80

18.50

27.80

315.10

3rd Year

348.80

18.50

35.30

402.60

4th Year

391.70

18.50

40.10

450.30

 

(2) Fibrous Plaster and Gypsum Plasterboard Fixing or Floorlaying

 

(i) Indentured apprentices shall be as follows:

 

 

Base Rate per Week $

Industry Allowance per

Special Allowance per

Total per

 

 

Week $

Week $

Week $

1st Year

239.30

18.50

25.30

283.10

2nd Year

317.20

18.50

32.50

368.20

3rd Year

371.50

18.50

38.70

428.70

 

(ii) Trainee apprentices shall be as follows:

 

 

Base Rate per Week $

Industry Allowance per

Special Allowance per

Total per Week $

 

 

Week $

Week $

 

1st Year

268.80

18.50

27.80

315.10

2nd Year

348.80

18.50

35.30

402.60

3rd Year

391.70

18.50

40.10

450.30

 

(3) Slaters and Roof Tilers - 3 Year Apprenticeship - The minimum rates of wages for three year apprentices shall be as follows:

 

(i) Indentured Apprentices

 

 

Base Rate Per Week $

Industry Allowance Per Week $

Special Allowance Per Week $

Total Per Week $

1st Year

239.30

18.50

25.30

283.10

2nd Year

317.70

18.50

32.50

368.20

3rd Year

371.50

18.50

38.70

428.70

 

(ii) Trainee Apprentices

 

 

Base Rate Per Week $

Industry Allowance Per Week $

Special Allowance Per Week $

Total Per Week $

1st Year

268.80

18.50

27.80

315.10

2nd Year

348.80

18.50

35.30

402.60

3rd Year

391.70

18.50

40.10

450.30

 

 

(4) Civil Engineering Construction Carpenters

 

 

Base Rate Per Week $

Industry Allowance Per Week $

Special Allowance Per Week $

Total Per Week $

1st Year

199.60

18.50

20.00

238.10

2nd Year

284.60

18.50

28.10

331.20

3rd Year

352.90

18.50

35.30

406.70

4th Year

417.80

18.50

41.40

477.70

 

(5) Pilot Three Year Bricklayers' Course -

 

(a) These rates apply to apprentices who are engaged through the Master Builders' Association of New South Wales and the Housing Industry Group Apprenticeship Schemes and who are enrolled or to be enrolled in the pilot three year Technical and Further Education course.

 

(i) Indentured: The minimum rate of wages for three year apprentice bricklayers shall be as follows:

 

 

Base Rate per Week $

Industry Allowance Per Week $

Special Allowance per Week $

Total Per Week $

1st Year

 

 

 

 

1st six months

160.20

18.50

16.80

195.50

2nd six months

233.20

18.50

24.80

276.50

2nd Year

309.20

18.50

31.90

359.60

3rd Year

362.50

18.50

37.90

418.90

 

(ii) Trainee Apprentices - The minimum rate of wages for three year apprentice bricklayers shall be as follows:

 

 

Base Rate per Week $

Industry Allowance per Week $

Special Allowance per Week $

Total per Week $

1st Year

 

 

 

 

1st six months

174.70

18.50

18.00

211.20

2nd six months

254.70

18.50

27.30

300.50

2nd Year

330.60

18.50

34.60

383.70

3rd Year

371.10

18.50

39.30

428.90

 

(b) These rates shall also apply whilst the apprentice is attending college in the following fashion:

 

Year I - First 8 weeks - full-time at 35 hours per week

28 weeks - 1 day per week

Year II - 36 weeks - 1 day per week

 

(c) The above provisions relating to the pilot bricklayers course, the course itself, and the rates herein prescribed shall only apply to employed apprentices.

 

(d) Leave is reserved in relation to the payment applicable during attendance at college for the advanced modules (30 weeks - 1 day per week, i.e. 6 x 40 hour modules) for those apprentices who have successfully completed the requirements of year II.

 

18.1.2 (e) Pre-apprenticeship credits -

 

(1) Bricklaying, Carpentry and Joinery -

 

(a) Any person under 21 years of age entering the trade of bricklaying who has successfully completed the pre-apprenticeship course of 18 weeks' duration conducted by the Department of Technical and Further Education shall serve a three-year period of apprenticeship and the wage shall commence at the second year rate of pay and shall continue for a period of twelve months, at which time the apprentice shall be progressed to the third year rate.

 

(b) Any person under 21 years of age entering the trade of bricklaying or carpentry and joinery who have successfully completed the pre-apprenticeship course in either of those trades of 36 weeks' duration conducted by the Department of Technical and Further Education shall serve a 33-months period of apprenticeship and the wage shall commence at the second year rate and continue for a period of nine months, at which time the apprentice shall be progressed to the third year rate.

 

(c) Any person under 21 years of age entering the trade of carpentry and joinery who has successfully completed the pre-apprenticeship course in that trade of 54 weeks' duration conducted by the Department of Technical and Further Education shall serve a 30-month period of apprenticeship, commencing at the second year rate and progressing to the third year rate after 6 months.

 

(d) A person who is regarded by the Department of Technical and Further Education as not having completed all of the requirements of a pre-apprenticeship course but as having successfully completed the equivalent of at least one stage of the trade course shall be entitled to have his/her period of apprenticeship shortened by six months, provided that the application is supported by a statement from the Department of Technical and Further Education that the student is regarded as having successfully completed that stage and as a consequence is entitled to proceed to stage two of the trade course.

 

For the purposes of determining wages payable under the scale of rates fixed for a four-year term, the credit to which an apprentice is entitled, subject to this subclause, shall be counted as part of the apprenticeship term completed.

 

(2) Painting, decorating and Signwriting -

 

(a) Any person under the age of 21 years entering the trade of Painting and Decorating, Painting, Decorating and Signwriting or Signwriting, who has successfully completed the pre-employment course Stage 1 conducted by the Department of Technical and Further Education, shall serve a three-year apprenticeship and the wage shall commence at the second year rate.

 

(b) Any person under 21 years of age entering the trade of Painting and Decorating, Painting, Decorating and Signwriters or Signwriting, who has completed the pre-apprenticeship course Stages I and II conducted by the Department of Technical and Further Education shall serve a two and one-half year period of apprenticeship and the wage shall commence at the second year rate for a period of six months, at which time the apprentice shall be progressed to the third year rate.

 

(3) Tilelaying -

 

(a) Any person under 21 years of age entering the trade of tilelaying who has successfully completed the pre-apprenticeship course of 18 weeks' duration conducted by the Department of Technical and Further Education shall serve a 3-year period of apprenticeship and the wage shall commence at the second year rate.

 

(b) Any person under 21 years of age entering the trade of tilelaying who has successfully completed the pre-apprenticeship course of 36 weeks' duration conducted by the Department of Technical and Further Education shall serve a two and a half year period of apprenticeship commencing at the 2nd year rate and continuing for a period of six months, at which time the apprentice shall be progressed to the 3rd year rate.

 

(c) A person who is regarded by the Department of Technical and Further Education as not having completed all of the requirements of a pre-apprenticeship course but as having successfully completed the equivalent of at least one stage of the trade course shall be entitled to have his/her period of apprenticeship shortened by six months, provided that the application is supported by a statement from the Department of Technical and Further Education that the student is regarded as having successfully completed that stage and as a consequence is entitled to proceed to stage two of the trade course.

 

18.1.2 (f) Adult Apprentices -

 

Definition - An adult apprentice means an employee engaged as an apprentice who at the time of the establishment of the apprenticeship is of or above the age of 21 years.

 

(1) Carpenters, Joiners, Bricklayers, Painters, etc., Plasterers, etc., (other than fibrous plaster and gypsum plasterboard fixing or floorlaying), Slaters and Roof Tilers (4 year apprenticeship), Stonemasons and Tilelayers.

 

The minimum rate of pay for adult apprentices undertaking an apprenticeship in the above trades shall be as follows:

 

(i) Indentured Apprentices

 

 

Base Rate Per Week $

Industry Allowance Per Week $

Special Allowance Per Week $

Total Per Week $

1st Year

271.60

18.50

17.10

307.20

2nd Year

271.60

18.50

25.30

315.40

3rd Year

321.00

18.50

32.50

372.00

4th Year

373.90

18.50

38.70

431.10

 

(ii) Trainee Apprentices

 

 

Base Rate Per Week $

Industry Allowance Per Week $

Special Allowance Per Week $

Total Per Week $

1st Year

271.60

18.50

18.40

308.50

2nd Year

274.00

18.50

27.80

320.30

3rd Year

352.30

18.50

35.30

406.10

4th Year

393.80

18.50

40.10

452.40

 

(2) Civil Engineering Construction Carpenters - for adult apprentices the minimum rates shall be as follows:

 

 

Base Rate per Week $

Industry Allowance per Week $

Special Allowance per Week $

Total per Week $

1st Year

271.60

18.50

20.00

301.10

2nd Year

288.10

18.50

28.10

334.70

3rd Year

356.30

18.50

35.30

410.10

4th Year

419.10

18.50

41.40

479.00

 

(3) Slaters and Roof Tilers - 3 Year Apprenticeship - for adult apprentices completing a three year apprenticeship the minimum rates shall be as follows:

 

(i) Indentured Apprentice

 

 

Base Rate Per Week $

Industry Allowance Per Week $

Special Allowance Per Week $

Total Per Week $

1st Year

271.60

18.50

25.30

315.40

2nd Year

321.00

18.50

32.50

372.00

3rd Year

373.90

18.50

38.70

431.10

 

(ii) Trainee Apprentice:

 

 

Base Rate Per Week $

Industry Allowance Per Week $

Special Allowance Per Week $

Total Per Week $

1st Year

274.00

18.50

27.80

320.30

2nd Year

352.30

18.50

35.30

406.10

3rd Year

393.80

18.50

40.10

452.40

 

(4) Fibrous Plaster and Gypsum Plasterboard Fixing or Floor Laying

 

(i) Indentured Apprentice:

 

 

Base Rate per Week $

Industry Allowance per Week $

Special Allowance Per Week $

Total Per Week $

1st Year

271.60

18.50

25.30

315.40

2nd Year

321.00

18.50

32.50

372.00

3rd Year

373.90

18.50

38.70

431.10

 

(ii) Trainee Apprentice:

 

 

Base Rate Per Week $

Industry Allowance per Week $

Special Allowance per Week $

Total Per Week $

1st Year

274.00

18.50

27.80

320.30

2nd Year

352.30

18.50

35.30

406.10

3rd Year

393.80

18.50

40.10

452.40

 

18.2 Special allowance -

 

(a) Tradespersons and Labourers shall be paid a special allowance of $7.70 to compensate for the following matters:

 

(i) The non-incidence of overaward payments in the building industry.

 

(ii) Excess travelling time incurred by employees in the Building Industry.

 

(iii) The removal of loadings from various Building awards consequent upon the introduction of this award in the industry.

 

(b) The apprentice rates of pay in clauses 18.1.2(d) and (f) include a special allowance. The special allowance is to compensate for the following matters.

 

(i) The non-incidence of overaward payments in the building industry.

 

(ii) Excess travelling time incurred by employees in the building industry.

 

(iii) The removal of loadings from this award consequent upon the introduction of paid rates awards in the industry.

 

18.3 Hourly rate calculation - Follow the Job Loading - The calculation of the hourly rate for employees other than apprentices shall take into account a factor of eight days in respect of the incidence of loss of wages for periods of unemployment between jobs.

 

For this purpose the hourly rate, calculated to the nearest cent (less than half a cent to be disregarded) shall be calculated by multiplying the sum of the appropriate amounts prescribed in clauses 18.1.2(a) and (b), subclause 24.1, Industry Allowance, subclause 24.2, Underground Allowance (where applicable) and subclause 24.3, Tool Allowance of this award by fifty-two over fifty point four, rounded to the nearest cent, adding to that subtotal the amount prescribed in subclause 18.2, Special Allowance herein and dividing the total by thirty-eight, provided that in the case of a carpenter/diver, the divisor shall be thirty-one.

 

Conditions for Carpenter-Divers:

 

If called upon to work as a diver in the period before the daily meal break he/she shall receive a minimum payment for three hours as a carpenter-diver.

 

If called upon to dive after the midday meal break he/she shall be paid as a carpenter-diver for the time during which he/she works as such or for three hours, whichever is the greater.

 

If called upon to work as a carpenter-diver in the period before the daily meal break and after the meal break on the same day he/she shall be paid for a whole day including accrued time as a carpenter-diver. For any other work on a day during a period which he/she is not paid as a carpenter-diver, he/she shall be entitled to receive the rates for a bridge and wharf carpenter.

 

Provided further, that a diver returned to work at depths of 12m or over shall be paid a minimum of one day's pay at the diver's rate, including accrued time.

 

18.4 Leading hands - A person specifically appointed to be a leading hand as defined shall be paid at the rate of the undermentioned hourly amounts above the hourly rates of the highest classification supervised, or his/her own rate, whichever is the highest in accordance with the number of persons in his/her charge.

 

Item No.

Description

Weekly Base

Amount per hour

(i)

In charge of not more than 1 person

11.80

0.32

(ii)

In charge of 2 and not more than 5 persons

26.10

0.71

(iii)

In charge of 6 and not more than 10 persons

33.30

0.90

(iv)

In charge of more than 10 persons

44.40

1.21

 

18.5 Foreperson - Bridge and Wharf Carpenter - An employee engaged or employed as a foreperson or subforeperson upon civil engineering construction projects in the supervision or direction of the preparation, construction, repair, maintenance, demolition, or such work shall be paid the following:

 

 

Per Week of 38 Hours $

General or supervising foreperson

660.40

Subforeperson

621.40

 

18.6 Differential for re-paint work - The hourly rate for painters on re-paint work shall be calculated at five cents per hour less than the hourly rate prescribed in 18.3.1 hereof for painters on other than re-paint work.

 

19. State Wage Case Adjustments

 

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

 

(i) any equivalent overaward payments; and/or

 

(ii) award wage increases since 29 May, 1991 other than Safety Net, State Wage Case and minimum rates adjustments

 

20. Piecework

 

Piecework: Engagement on a piecework basis may be entered into providing that:

 

(a) payment for such work shall be made by use of the same formula prescribed by the appropriate state award or determination applying immediately prior to the introduction of this award;

 

(b) employees engaged on piecework shall be entitled to all of the conditions of employment prescribed in this award for employees on hourly rates;

 

(c) piecework and piecework rates and conditions shall apply as prescribed in Appendices A, B and D to this award and not otherwise except by way of a registered agreement between the employer or any relevant employer organisation and the union (where applicable).

 

21. Inclement Weather

 

21.1 Definition - Inclement Weather - Inclement Weather shall mean the existence of rain or abnormal climatic conditions (whether they be those of hail, snow, cold, high wind, severe dust storm, extreme or high temperature of the like or any combination thereof) by virtue of which it is either not reasonable or not safe for workers exposed thereto to continue working whilst the same prevail.

 

21.2 Conference Requirement and Procedures - The employer, or their 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 purposes 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 their representative refuses to confer within such reasonable period, employees shall be entitled to cease work for the rest of the day and be paid inclement weather.

 

21.3 Restrictions on Payments - An employee shall not be entitled to payment for inclement weather as provided for in clause 21 unless they remain on the job until the provisions set out in clause 21 have been observed.

 

21.4 Entitlement to Payment - An employee shall be entitled to payment by his 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 10 January, 2000, and subsequent periods shall commence at four weekly periods thereafter.

 

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

 

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

 

(d) If an employee commences employment during a four weekly period they shall be credited 32 hours where they commenced on any working day within the first week; 24 hours where they commenced on any working day within the second week; 16 hours where they commenced on any working day within the third week; and 8 hours where they commenced 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 clause 21 shall be weekly.

 

(h) Provided further and subject to paragraph (d) hereof, a daily hire employee working on a part-time basis pursuant to subclause 13.3 of this award shall be entitled to payment on a pro-rata basis according to the number of ordinary hours agreed to be worked in the four week period. The method of calculation of a part-time daily hire employee's proportionate employment shall be as follows:

 

32 x Number of hours agreed to be worked during the four week period.

152

 

21.5 Transfers -

 

(a) 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 which is not affected by inclement weather subject to the following:

 

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

 

(ii) 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.

 

(b) No employee shall be transferred during inclement weather from one site to another, except where such transfer is effected within four hours of the usual starting time and the employer provides, where necessary, transport.

 

Provided that transfers of employees engaged on single houses within Estate Housing projects, may be effected at any time during working hours.

 

21.6 Completion of Concrete Pours 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 prior to the commencement of a period of inclement weather employees may be required to complete such concrete pour 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 he shall, unless he has a change of dry working clothes available, be allowed to go home without loss of pay.

 

(d) The provision of paragraph (c) herein shall also apply in the case of emergency work where the employees concerned and their delegate agree that the work is of an emergency nature and can start and/or proceed.

 

21.7 Cessation and Resumption of Work -

 

(a) At the time employees cease work due to inclement weather the employer or their representative 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 their particular function as a result of unsafe conditions caused by inclement weather, they may be transferred to other work in their 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. They shall be paid for such time without reduction of his inclement weather entitlement.

 

21.8 Additional Wet Weather Procedure -

 

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

 

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

 

(ii) after the meal break, as provided in subclause 28.2 Rest Periods and Crib Times, of this award, for more than an accumulated total of 50 per cent of the normal afternoon work time; or

 

(iii) 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.

 

Provided that where, by agreement between the employer and or their representative and the employees' representative the workers remain on site beyond the period specified above, any such additional wet time shall be paid for but shall not be debited against the employees' hours.

 

Provided further that wet time occurring during overtime shall not be taken into account for the purposes of this subclause 21.8.

 

(b) Rain at Starting Time - 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 unless

 

(i) the rain stops; or

 

(ii) a covered walk-way has been provided; or

 

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

 

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

 

Provided that, 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.

 

21.9 Non Reduction - Nothing in clause 21 shall prejudice any inclement weather agreement on any project under construction where the conditions are more favourable to the employees.

 

22. Mixed Functions

 

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

 

23. Payment Of Wages

 

23.1 (a) All wages, allowances and other monies shall be paid:

 

(1) in cash; or

 

(2) into an account in the name of the employee (whether or not jointly with another person) at a financial institution by electronic transfer of funds or other means; or

 

(3) by cheque payable to the employee if there is agreement in writing between the employer and the employee.

 

An employee paid by cheque shall be allowed reasonable time as agreed between the employer and the employee, to attend the branch of their bank nearest the workplace to cash such cheques or draw upon the accounts during working hours.

 

Failure to reach agreement on reasonable time shall be dealt with under clause 11 Settlement of Disputes.

 

Payments shall be paid and available to the employee not later than the cessation of ordinary hours of work on Thursday of each working week.

 

(b) Provided that in any week in which a holiday falls on a Friday wages accrued shall be paid on the previous Wednesday and provided further that when a holiday occurs on any Thursday wages accrued may be paid on the following Friday. Nothing shall prevent any alternative mutual arrangement between an employer and an employee.

 

(c) The employer shall not keep more than two days' wages in hand.

 

23.2 Payment on Termination. When notice is given in accordance with clause 17 Termination of Employment, of this award all moneys due to the employee shall be paid at the time of termination; where this is not practicable the provisions of 23.6 and/or 23.7 of this clause shall apply.

 

23.3 Payment During Inclement Weather. Where, on any pay day, work ceases for the day because of inclement weather an employee shall be paid all wages, allowances and other moneys due without undue delay.

 

23.4 Waiting Time Penalties: An employee kept waiting on site for reasons within the employer's control for their wages when paid by cash or cheque on pay day for more than a quarter of an hour after the usual time of ceasing work shall be paid at overtime rates after that quarter-hour with a minimum of a quarter of an hour.

 

 

23.5 Pay Slips - Section 123 of the Act, which requires that when an employer pays remuneration to an employee the employer must supply the employee with written particulars regarding the payment, shall be a term of this award. In addition to the requirements of the Act, the following details will also be included in the written particulars regarding the payment when such payments and benefits apply:

 

(1) The amount of allowances or special rates paid and the nature thereof.

 

(2) The employer and employee's building superannuation number.

 

(3) The employee's long service leave registration number.

 

23.6 Employee Terminating: Where an employee gives notice in accordance with clause 17 Termination of Employment, of this award and moneys due are not paid on termination the employer shall have two working days to send moneys due by registered post provided that if the money is not posted within that time then time spent waiting beyond the two working days shall be paid for at ordinary rates, such payment to be at the rate of eight hours pay per day up to a week's pay when the right to waiting time shall terminate.

 

23.7 Employer Terminating - Daily Penalties: Where an employer gives notice in accordance with clause 17 Termination of Employment, of this award all moneys due shall be paid at termination; where this is not practicable the employer shall forward the moneys due by registered post within two working days of termination and shall pay waiting time up to the time of posting at the rate of eight hours ordinary time per day up to a maximum of one week's pay.

 

24. Allowances

 

24.1 Industry Allowance - In addition to the rates prescribed in clauses 18.1.2(a) and (b), tradespersons and labourers shall be paid an allowance at the rate of $18.50 per week to compensate for the following disabilities associated with construction work (as defined). The apprentice rates of pay in clauses 18.1.2(d) and (f) are inclusive of the industry allowance.

 

The industry allowance is to compensate for the following disabilities associated with the construction work, as defined:

 

(a) Climatic conditions when working in the open on all types of work.

 

(b) The physical disadvantage of having to climb stairs or ladders.

 

(c) The disability of dust blowing in the wind, brick dust, and drippings from newly-poured concrete.

 

(d) Sloppy and muddy conditions associated with the initial stages of the erection of a building.

 

(e) The disability of working on all types of scaffolds or ladders other than a swing scaffold, suspended scaffold, or a bosun's chair.

 

(f) The lack of the usual amenities associated with factory work (e.g., meal rooms, change rooms, lockers).

 

24.2 Underground Allowance - Tradesperson and Labourers required to work underground shall be paid an allowance of $9.06 per week for all purposes of the award in addition to the allowance prescribed clause 24.1.

 

Provided that an employee required to work underground for no more than 4 days or shifts in an ordinary week shall be paid an amount of $1.81 per day or shift in lieu of the underground allowance prescribed elsewhere in this clause, and in addition to the allowance prescribed in subclause 24.1.

 

Where a shaft is to be sunk to a depth greater than six metres, the payment of the underground allowance shall commence from the surface.

These allowances shall not be payable to employees engaged upon "pot and drive" work at a depth of 3.5 metres or less.

 

24.3 Tool Allowance -

 

(a) A tool allowance shall be paid for all purposes of the Award to tradesperson and apprentices in their respective trades in accordance with the following table:

 

Trade

Tool Allowance $

Artificial stoneworker, carpenter and/or joiner, carpenter-diver, carver, bridge and wharf carpenter, letter cutter, marble and slate worker, stonemason

19.70

Caster, fixer, floorlayer specialist, plasterer

16.20

Bricklayer, Tilelayer, Hard Floor Coverer

14.00

Rooftiler, slater, ridger or roof fixer

10.30

Signwriter, painter

4.90

 

(b) Provided that an employer may, by agreement with an apprentice's parent or guardian, elect to provide the apprentice with a kit of tools and, subject to establishing the value of the tools at the time of so providing, deduct the tool allowance until the cost of the kit of tools is reimbursed. In the event of an apprentice being dismissed or leaving his/her employment before the cost of the tool kit has been reimbursed the employer shall be entitled to:

 

(1) deduct from any wages due to the apprentice the remaining cost of the tool kit; or

 

(2) by agreement retain tools at the originally nominated value to the amount still owing.

 

Provided further that where a tool allowance is paid to apprentices the employer may, from time to time, inspect tools provided by an apprentice and if not satisfied that reasonable tools are being provided and kept in serviceable condition, having regard to the quantum of tool allowance paid may furnish or render serviceable such tools and deduct the cost thereof from the tool allowance payments thereafter becoming due.

 

24.4 Special conditions to apply to bricklayers engaged on construction or repairs to refractory brickwork

 

(a) After six weeks employment, and on request of the employee, an allowance of $54.00 shall be provided for the purchase of boots. The same allowance will be provided to cover the cost of replacement boots, provided that the allowance need not be paid more than once in any six month period dating from the time the allowance is first provided.

 

(b) The allowance set out in 24.4(a) hereof will not be payable where the employer provides boots.

 

(c) Employees provided with the allowance, or the boots, will accrue credit at the rate of $2.70 per week from the date of the request. An employee leaving, or being dismissed, before twenty weeks employment after the date of the request will repay the difference between the credit accrued and the $54.00.

 

(d) An employer shall reimburse an employee for an x-ray once every six months, if requested by an employee engaged in refractory brickwork, or working in a tuberculosis home or hospital. Such x-rays may be taken during working hours, and count as time worked. An employee who ceases work in a tuberculosis home or hospital may also request an x-ray on cessation of work.

 

24.5 Multi-storey allowance -

 

24.5.1 Eligibility - A multi-storey allowance shall be paid to all employees on site engaged in construction or renovation, of a multi-storey building as defined herein, to compensate for the disabilities experienced in, and which are peculiar to construction or renovation of a multi-storey building: Provided that for the purpose of this clause renovation work is work performed on existing multi-storey buildings (as defined), and such work involves structural alterations which extend to more than two storey levels in a building, and at least part of the work to be performed is above the 4th floor storey level in accordance with the scale of payments appropriate for the highest floor level affected by such work.

 

24.5.2 Definition of a Multi-Storey Building - For the purposes of this award, a multi-storey building is a building which will, when complete, consist of five or more storey levels. "Complete" means the building is fully functional and all work which was part of the principal contract is complete. For the purposes of this clause, a storey level means structurally completed floor, walls, pillars or columns, and ceiling (not being false ceilings) of a building, and shall include basement levels and mezzanine or similar levels (but excluding "half floors" such as toilet blocks or store rooms located between floors).

 

Provided that any buildings or structures which do not have regular storey levels but which are not classed as towers (e.g. grandstands, aircraft hangars, large stores, etc.) and which exceed 15 metres in height may be covered by 24.5.2 or by 25.9 of this award, by agreement. Where no agreement is reached, by determination of the Commission.

 

Plant Room - Further provided that a plant room situated on the top of a building shall constitute a further storey level if the plant room occupies 25 per cent of the total roof area or an area of 100 square metres whichever is the lesser.

 

24.5.3 Rates - Except as provided for in 24.5.4 - Service Cores, an allowance in accordance with the following table shall be paid to all employees on the building site. The second and subsequent allowance scales shall, where applicable, commence to apply to all employees when one of the following components of the building - structural steel, reinforcing steel boxing or walls, rises above the floor level first designated in each such allowance scale.

 

"Floor level" means that stage of construction which in the completed building would constitute the walking surface of the particular floor level referred to in the table of payments:

 

Floor Levels

Amount per hour extra $

From commencement of building to fifteenth floor level

0.34

From sixteenth floor level to thirtieth floor level

0.41

From thirty-first floor level to forty-fifth floor level

0.63

From forty-sixth floor level to sixtieth floor level

0.80

From sixty-first floor level onwards

1.00

 

The allowance payable at the highest point of the building shall continue until completion of the building.

 

24.5.4 Service Cores -

 

(a) All employees employed on a Service Core at more than fifteen metres above the highest point of the main structure shall be paid the Multi-Storey rate appropriate for the main structure plus the allowance prescribed in subclause 25.9 Towers Allowance calculated from the highest point reached by the main structure to the highest point reached by the Service Core in any one day period (i.e., for this purpose the highest point of the main structure shall be regarded as though it were the ground in calculating the appropriate Towers Allowance).

 

Employees employed on a Service Core no higher than fifteen metres above the main structure shall be paid in accordance with the Multi-Storey Allowance prescribed herein.

 

(b) Provided that any section of a Service Core exceeding fifteen metres above the highest point of the main structure shall be disregarded for the purpose of calculating the Multi-Storey Allowance applicable to the main structure.

 

24.6 Meal Allowance - An employee required to work overtime for at least one and one-half hours after working ordinary hours shall be paid by his/her employer an amount of $8.30 to meet the cost of a meal. Provided that this clause shall not apply to an employee who is provided with reasonable board and lodging or who is receiving a distant job allowance in lieu thereof as provided for in clause 37 Living Away from Home - Distant Work, and is provided with a suitable meal.

 

24.7 Compensation for Clothes And Tools

 

24.7.1 An employee whose clothes, spectacles, hearing aids or tools have been accidentally spoilt by acid, sulphur or other deleterious substances, shall be paid such amount to cover the loss thereby suffered by the employee as may be agreed upon between the employee and his/her employer or, in default of agreement, as may be fixed by the Industrial Commission.

 

24.7.2 (a) An employee shall be reimbursed by his/her employer to a maximum of an amount of $1146.00 for loss of tools or clothes by fire or breaking and entering whilst securely stored at the employer's direction in a room or building on the employer's premises, job or workshop or in a lock-up as provided in this award or if the tools are lost or stolen while being transported by the employer at the employers direction, or if the tools are accidentally lost over water or if tools are lost or stolen during an employee's absence after leaving the job because of injury or illness.

 

(b) Where an employee is absent from work because of illness or accident and has advised the employer in accordance with clause 33.1, Sick Leave, of this award, the employer shall ensure that the employee's tools are securely stored during his/her absence.

 

24.7.3 When an employer requires an employee to wear spectacles with toughened glass lenses the employer will pay the cost of the toughening process.

 

24.7.4 Provided that for the purposes of this clause:

 

(a) only tools used by the employee in the course of his/her employment shall be covered by this clause;

 

(b) the employee shall, if requested to do so, furnish the employer with a list of tools so used;

 

(c) reimbursement shall be at the current replacement value of new tools of the same or comparable quality;

 

(d) the employee shall report any theft to the police prior to making a claim on the employer for replacement of stolen tools.

 

25. Special Rates

 

In addition to the rates otherwise prescribed in this award, the following extra rates shall apply.

 

(a) The special rates prescribed in this award shall be paid irrespective of the times at which work is performed and shall not be subject to any premium or penalty conditions.

 

(b) Where more than one of the above rates provides payments for disabilities of substantially the same nature then only the highest of such rates shall be payable.

 

25.1 Insulation - An employee handling charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool or other recognized insulating material of a like nature, or working in the immediate vicinity so as to be affected by the use thereof, shall be paid an amount as set out in Item 1 of 25.41 per hour or part thereof.

 

25.2 Hot Work - An employee who works in a place where the temperature has been raised by artificial means to between 46 and 54 degrees Celsius, shall be paid an amount as set out in Item 2 of 25.41 per hour or part thereof, exceeding 54 degrees Celsius, shall be paid an amount as set out in Item 2 of 25.41 per hour or part thereof. Where such work continues for more than two hours, the employee shall be entitled to 20 minutes' rest after every two hours' work without loss of pay not including the special rate provided by this clause.

 

25.3 Cold Work - An employee who works in a place where the temperature is lowered by artificial means to less than 0 degrees Celsius shall be paid an amount as set out in Item 3 of 25.41 per hour. Where such work continues for more than two hours, the employee shall be entitled to 20 minutes' rest after every two hours' work without loss of pay, not including the special rate provided by this subclause.

 

25.4 Confined Space - An employee required to work in a confined space shall be paid an amount as set out in Item 4 of 25.41 per hour or part thereof. "Confined space" means a place the dimensions or nature of which necessitates working in a cramped position or without sufficient ventilation.

 

25.5 Swing Scaffold -

 

(i) An employee required to work from any type of swing scaffold or any scaffold suspended by rope or cable, bosuns chair, or a suspended scaffold requiring the use of steel or iron hooks or angle irons shall be paid the appropriate allowance set out below corresponding to the storey level at which the anchors or bracing, from which the stage is suspended, has been erected. Such allowance shall be paid for a minimum of 4 hours work or part thereof until construction work (as defined) has been completed.

 

Height of Bracing

First Four Hours $

Each additional Hour $

0 - 15 storeys

3.03

0.63

16 - 30 storeys

3.91

0.81

31 - 45 storeys

4.60

0.94

46 - 60 storeys

7.56

1.56

greater than 60 storeys

9.64

1.99

solid plasterers when working off a swing scaffold

0.11 per hour

 

Provided that solid plasterers when working off a swinging scaffold, shall receive an additional amount per hour.

 

(ii) Payments contained in this subclause are in recognition of the disabilities associated with the use of swing scaffolds.

 

(iii) For the purposes of paragraph (i) hereof:

 

"Completed" means the building is fully functional and all work which is part of the principal contract is complete.

 

"Storeys" shall be given the same meaning as storey level in subclause 24.4.2 of this award.

 

25.6 Explosive Powered Tools - An operator of explosive powered tools, as defined in this award, who is required to use an explosive powered tool, shall be paid an amount as set out in Item 5 of 25.41 for each day on which such tool is used.

 

25.7 Wet Work - Employees working in any place where water is continually dripping on the employees so that clothing and boots become wet, or where there is water underfoot, shall be paid an amount as set out in Item 6 of 25.41 per hour whilst so engaged.

 

25.8 Dirty Work - An employee engaged on unusually dirty work shall be paid an amount as set out in Item 7 of 25.41 per hour.

 

25.9 Towers Allowance - An employee working on a chimney stack, spire, tower radio or television mast or tower, air shaft, other than above ground in a multi-storey building, cooling tower, water tower or silo where the construction exceeds fifteen metres in height shall be paid for all work above fifteen metres, an amount as set out in Item 8 of 25.41 per hour, with the amount as set out in Item 8 of 25.41 per hour additional for work above each further fifteen metres.

 

Provided that any similarly constructed building or a building not covered by clause 24.4.2, which exceeds 15 metres in height, may be covered by this subclause, or by clause 24.4 by agreement or where no agreement is reached by determination of the Commission.

 

25.10 Toxic Substances -

 

(i) Employees using toxic substances or materials of a like nature shall be paid an amount as set out in Item 9 of 25.41 per hour extra. Employees working in close proximity to employees so engaged shall be paid an amount as set out in Item 9 of 25.41 per hour extra.

 

(ii) For the purpose of this subclause toxic substances shall include epoxy based materials and all materials which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system shall be deemed to be materials of a like nature.

 

25.11 Fumes - An employee required to work in a place where fumes of sulphur or other acid or other offensive fumes are present shall be paid such rates as are agreed upon between the union and the employer; provided that, in default of agreement, the matter may be referred to the Industrial Relations Commission for the fixation of a special rate. Any special rate so fixed shall apply from the date the employer is advised of the claim and thereafter shall be paid as and when the fume condition occurs.

 

25.12 Asbestos - Employees required to use materials containing asbestos or to work in close proximity to employees using such materials shall be provided with and shall use all necessary safeguards as required by the appropriate occupational health authority.

 

Provided that where such safeguards include the mandatory wearing of protective equipment (i.e., combination overalls and breathing equipment or similar apparatus) such employees shall be paid an amount as set out in Item 10 of 25.41 per hour extra whilst so engaged.

 

See also 25.35

 

25.13 Furnace Work - An employee engaged in the construction or alteration or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work shall be paid an amount as set out in Item 11 of 25.41 per hour. This additional rate shall be regarded as part of the wage rate for all purposes.

 

25.14 Acid Work - An employee required to work on the construction or repairs to acid furnaces, acid stills, acid towers and all other acid resisting brickwork shall be paid an amount as set out in Item 12 of 25.41 per hour. This additional rate shall be regarded as part of the wage rate for all purposes.

 

25.15 Heavy Blocks -

 

(i) Employees Laying other than Standard Bricks - Employees laying blocks (other than concrete blocks for plugging purposes) shall be paid the following additional rates:

 

 

Amount per hour $

Where the blocks weigh over 5.5 kg and under 9 kg

0.42

Where the blocks weigh 9 kg or over up to 18 kg

0.75

Where the blocks weigh over 18 kg

1.06

 

(ii) 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:

 

Provided that an employee shall not be required to manually lift any building block in excess of 20 kg in weigh to a height of more than 1.2 metres above the working platform:

 

Provided further that this subclause shall not apply to employees being paid the extra rate for refractory work.

 

(iii) Stonemasonry Employees - The employer of stonemasonry employees shall provide mechanical means for the handling, lifting and placing of heavy blocks or pay in lieu thereof, the rates and observe the conditions prescribed in paragraph (i) herein.

 

25.16 Cleaning Down Brickwork - An employee required to clean down bricks using acids or other corrosive substances shall be paid an amount as set out in Item 13 of 25.41 per hour extra. While so employed employees will be supplied with gloves by the employer.

 

25.17 Bagging - Employees engaged upon bagging brick or concrete structures shall be paid an amount as set out in Item 14 of 25.41 per hour.

 

25.18 Bitumen Work - An employee handling hot bitumen or asphalt or dipping materials in creosote, shall be paid an amount as set out in Item 15 of 25.41 per hour extra.

 

25.19 Plaster or Composition Spray - A tradesperson or apprentice using a plaster or composition spray shall be paid an amount as set out in Item 16 of 25.41 per hour whilst so engaged.

 

25.20 Slushing - A tradesperson or apprentice engaged at "slushing" shall be paid an amount as set out in Item 17 of 25.41 per hour.

 

25.21 Dry Polishing of Tiles - A tradesperson or apprentice engaged on dry polishing of tiles, as defined, where machines are used shall be paid an amount as set out in Item 18 of 25.41 per hour or part thereof.

 

25.22 Cutting Tiles - A tradesperson or apprentice engaged at cutting tiles by electric saw shall be paid an amount as set out in Item 19 of 25.41 per hour whilst so engaged.

 

25.23 Second-hand Timber - Where, whilst working with second-hand timber, a tradesperson’s or apprentice’s tools are damaged by nails, dumps or other foreign matter on the timber the tradesperson shall be paid an amount as set out in Item 20 of 25.41 per day on each day upon which the employee’s tools are so damaged:

 

Provided that no allowance shall be payable under this clause unless it is reported immediately to the employer's representative on the job in order that the employee may prove the claim. Provided further that this allowance shall not be payable where the employer provides the apprentice’s tools in accordance with 24.3(b).

 

25.24 Roof Repairs - All employees engaged on repairs to shall be paid an amount as set out in Item 21 of 25.41 per hour:

 

Provided that in lieu of this rate roof slaters and tilers and apprentice roof slaters and tilers shall be paid in accordance with the following:

 

(i) An employee who works on a roof at a height of over 15 metres measured at the loading point of the tiles at ground level to the eaves shall be paid an amount as set out in Item 22 of 25.41 per hour extra.

 

(ii) An employee who is required to work on a roof at a height over 15 metres measured at the loading point of the tiles at ground level to the eaves and the pitch of which is at ground level to the eaves over 35 degrees or over 40 degrees in lieu of being paid as provided in subparagraph (i) of this paragraph, shall be paid the alternative amounts as set out in Item 22 of 25.41 respectively.

 

25.25 Computing Quantities - Tradespersons who are regularly required to compute or estimate quantities of materials in respect to the work performed by other employees shall be paid an amount as set out in Item 23 of 25.41 per day or part thereof: Provided that this allowance shall not apply to an employee classified as a leading hand and receiving the allowance prescribed in subclause 18.4 of this award.

 

25.26 Height Work - Painting Trades - A tradesperson or apprentice working on any structure at a height of more than 9 metres where an adequate fixed support not less than .75 metres wide is not provided, shall be paid an amount as set out in Item 24 of 25.41 per hour in addition to ordinary rates. This subclause shall not apply to any employee working on a bosun's chair or swinging stage.

 

This provision shall not apply in addition to the towers allowance prescribed in paragraph 25.9.

 

25.27 Height Work - Bridge and Wharf Carpenters -

 

(i) Bridge and wharf carpenters working at a height of 8 metres from the ground, deck, floor or water shall be paid an amount as set out in Item 25 of 25.41 per hour extra and shall be paid a further amount as set out in Item 25 of 25.41 per hour extra for every additional 3 metres.

 

Height shall be calculated from where it is necessary for the employee to place his/her hands or tools in order to carry out the work to such ground, deck, floor or water.

 

(ii) For the purpose of this subclause deck or floor means a substantial structure that, even though temporary, is sufficient to protect an employee from falling any further distance. Water level means in tidal waters the mean water level.

 

(iii) This subclause shall not apply to employees working on suitable scaffolding which has been certified by an inspector as conforming with the relevant legislation.

 

(iv) These provisions shall not apply in addition to the towers allowance prescribed in paragraph 25.9 of this subclause.

 

25.28 Grindstone Allowance - Where a grindstone or wheel is not made available as required by clause 12.8.1(e)(iv) - Special Tools and Protective Clothing of this award - each carpenter or joiner or apprentice carpenter or joiner shall be paid an amount as set out in Item 26 of 25.41 per week in lieu of the same.

 

25.29 Brewery Cylinders - Painters - A painter or painter’s apprentice in brewery cylinders or stout tuns shall be allowed fifteen minutes' spell in the fresh air at the end of each hour so worked. Such fifteen minutes shall be counted as working time and shall be paid for as such. The rate for working in brewery cylinders or stout tuns shall be at the rate of time and one-half. When an employee is working overtime and is required to work in brewery cylinders and stout tuns the employee shall, in addition to the overtime rates payable, be paid one-half of the ordinary rate payable as provided by clause 18.1 this award.

 

25.30 Certificate Allowance - A tradesperson or apprentice who is the holder of a scaffolding certificate or rigging certificate issued by the relevant statutory authority and is required to act on that certificate whilst engaged on work requiring a certificated person shall be paid an amount as set out in Item 27 of 25.41 per hour: Provided that this allowance shall not be payable cumulative on the allowance for swing scaffolds.

 

25.31 Spray Application - Painters - A tradesperson or apprentice engaged on all spray application carried out in other than a properly constructed booth, approved by the relevant statutory authority shall be paid an amount as set out in Item 28 of 25.41 per hour extra.

 

25.32 Cutting Bricks - A bricklayer or apprentice bricklayer operating a cutting machine shall be paid an amount as set out in Item 29 of 25.41 per hour or part thereof whilst so engaged.

 

25.33 District Allowances -

 

(a) All employees working in districts west and north of and excluding State Highway No. 17 (also known as the Newell Highway and National Route No. 39) from Tocumwal to Coonabarabran, State Highway No. 11 (also known as the Oxley Highway and National Route No. 34) from Coonabarabran to Tamworth, State Route No. 95 to Yetman and State Highway No. 16 (also known as the Bruxner Highway) to Boggabilla up to the Western Division boundary and excluding the municipalities through which the road passes, shall be paid an amount as set out in Item 30 of 25.42 per day extra. All employees working in the Western Division of the State shall be paid an amount as set out in Item 30 of 25.41 per day extra.

 

(b) Employees working within the area bounded by and inclusive of the Snowy River from 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, then by a line drawn from Blowering southwest to Welaregang and on to the Murray River, then in a southeasterly direction along the New South Wales border, to the point of commencement shall be paid an amount as set out in Item 31 of 25.41 day extra, or part thereof.

 

(c) Employees engaged on road and bridge construction and repair within the area bounded by and inclusive of the Queensland Border on the north State Highway No. 9 (also known as the New England Highway and National Route No. 15) from Wallangarra to Bendemeer on the west, State Highway No. 11 (also known as the Oxley Highway and National Route No. 34) from Bendemeer to Port Macquarie on the south and the coastline from Port Macquarie to Tweed Heads on the east, shall be paid an amount as set out in Item 32 of 25.41 per day extra.

 

NOTE: See also Appendix C for district boundaries.

 

25.34 Pneumatic Tool Operation - A stonemason or apprentice stonemason using pneumatic tools of 2.75 kilograms or over in weight shall be paid an amount as set out in Item 33 of 25.41 for each day on which the employee uses such a tool.

 

25.35 Asbestos Eradication -

 

(i) Application - This subclause shall apply to employees engaged in the process of asbestos eradication on the performance of work within the scope of this award.

 

(ii) Definition - Asbestos eradication is defined as work on or about buildings involving the removal or any other method of neutralisation of any materials which consist of, or contain asbestos.

 

(iii) Control - All aspects of asbestos eradication work shall be conducted in accordance with the relevant legislation concerning construction work involving asbestos and asbestos cement.

 

(iv) Rate of Pay - In addition to the rates prescribed in this award an employee engaged in asbestos eradication (as defined) shall be paid an amount as set out in Item 34 of 25.42 per hour worked in lieu of rates in this clause with the exception of clauses 25.2, 25.3, 25.4, 25.5, 25.23 and 25.31 of this award.

 

(v) Other Conditions - The conditions of employment, rates and allowances, except so far as they are otherwise specified in this subclause shall be the conditions of employment, rates and allowances of the award as varied from time to time. See also 25.12

 

25.36 Laser Safety Officer Allowance -

 

(i) Laser - shall mean any device excepting a class 1 device which can be made to produce or amplify electromagnetic radiation in the wave length range from 100 nanometres or 1 millimetre primarily by the process of controlled stimulated emission.

 

(ii) Laser Safety Officer or "LSO" - is a tradesperson who in addition to his/her ordinary work is qualified to perform duties associated with laser safety and is appointed as such.

 

(iii) Control - the provision of Australian Standards AS2211-1981 and AS2397-1980, both as varied from time to time, shall be observed where laser equipment is in use. Provided that should regulations covering laser safety be introduced a party to this award may make application to vary this award to comprehend such Regulations.

 

(iv) Laser Safety Officer Allowance - where a tradesperson has been appointed by his/her employer to carry out the duties of a Laser Safety Officer the employee shall be paid an amount as set out in Item 35 of 25.41 per day or part thereof whilst carrying out such duties. It shall be paid as a flat amount without attracting any premium or penalty.

 

25.37 Illawarra Road and General Construction - Tradespersons involved in general construction and road construction work in the Illawarra region working in areas where coal ash is being unloaded, handled or spread shall be paid an amount as set out in Item 36 of 25.41 per hour. This allowance shall be paid in substitution for any rate which might otherwise be payable for dirty, wet, confined spaces or similar disability.

 

25.38 Suspended Perimeter Work Platform - This allowance shall apply to employees engaged on construction work (including renovation or refurbishment work) performed on a suspended perimeter work platform (other than a swinging stage or bosuns chair) which uses a mechanical, hydraulic or other form of propulsion (not being rope or cable suspended) to relocate the work platform at different levels on the perimeter of a building or structure. An example of this type of system includes the Lubeca Facade System.

 

The allowance payable shall be the amount as set out in Item 37 of 25.41 per hour and shall be paid in lieu of swinging stage and multi-storey allowance for all employees working on suspended perimeter work platform systems.

 

25.39 Builders' Labourers employed on Refractory Brickwork - Call Back Payment - Labourers recalled to work after ordinary ceasing time shall be paid an amount as set out in Item 38 of 25.41 for each such call‑back plus fares incurred.

 

25.40 First-Aid Allowances -

 

(a) An employee who:

 

(i) is appointed by his or her employer to be responsible for carrying out first aid duties as they may arise; and

 

(ii) holds a recognised first aid qualification (as set out hereunder) from the Australian Red Cross Society, St John Ambulance Association or similar body; and

 

(iii) is required by his or her employer to hold a qualification at that level; and

 

(iv) the qualification satisfies the relevant statutory requirement pertaining to the provision of first-aid services at the particular location where the employee is engaged;

 

(v) those duties are in addition to his or her normal duties, recognising what first aid duties encompass by definition;

 

shall be paid at the following additional rates to compensate that person for the additional responsibilities, skill obtained, and time spent acquiring the relevant qualifications:

 

(A) an employee who holds the minimum qualification recognised under the relevant legislation - the first amount as set out in Item 39 of 25.41 per day; or

 

(B) an employee who holds a higher first aid certificate recognised under the relevant legislation - the second amount as set out in Item 39 of 25.41 per day.

 

(b) In payment of an allowance under this clause, a person shall be paid only for the level of qualification required by their employer to be held, and there shall be no double counting for employees who hold more than one qualification.

 

(c) An employer shall be under no obligation to provide paid training leave or other payment of any kind to employees to acquire or update first aid qualifications.

 

25.41 Table of Special Rates

 

Item

Clause No.

Description

Amount $

No.

 

 

 

1

25.1

Insulation Work

0.51 p/h

2

25.2

Hot Work

 

 

 

Between 46 and 54

0.42 p/h

 

 

Beyond 54

0.51 p/h

3

25.3

Cold Work

0.42 p/h

4

25.4

Confined Space

0.51 p/h

5

25.6

Explosive Powered tools

0.99 p/d

6

25.7

Wet Work

0.42 p/h

7

25.8

Dirty Work

0.42 p/h

8

25.9

Towers Allowance

 

 

 

Work above 15 metres

0.42 p/h

 

 

Each further 15 metres

0.42 p/h

9

25.10

Toxic Substances

 

 

 

Using toxic substances

0.51 p/h

 

 

In close proximity

0.42 p/h

10

25.12

Materials containing asbestos

0.51 p/h

11

25.13

Furnace Work

1.11 p/h

12

25.14

Acid Work

1.11 p/h

13

25.16

Cleaning down brickwork

0.39 p/h

14

25.17

Bagging

0.39 p/h

15

25.18

Bitumen Work

0.51 p/h

16

25.19

Plaster or composition spray

0.42 p/h

17

25.20

Slushing

0.42 p/h

18

25.21

Dry polishing of tiles

0.51 p/h

19

25.22

Cutting tiles

0.51 p/h

20

25.23

Second hand timber

1.64 p/d

21

25.24

Roof repairs -Employees other than slaters and roof tilers

0.51 p/h

22

25.24(i)

Roof Repairs - Slaters and roof tilers

 

 

 

Height over 15 metres

0.39 p/h

 

25.24(ii)

35 pitch

0.51 p/h

 

 

40 pitch

0.75 p/h

23

25.25

Computing quantities

3.03 p/d

24

25.26

Height work - painting tradespersons

0.39 p/h

25

25.27

Height work - bridge and wharf carpenters

 

 

 

8 metres from ground, deck, etc.

0.42 p/h

 

 

Each additional 3 metres

0.10 p/h

26

25.28

Grindstone Allowance

4.46 p/w

27

25.30

Certificate Allowance

0.42 p/h

28

25.31

Spray Application - painters

0.42 p/h

29

25.32

Cutting bricks

0.51 p/h

30

25.33(a)

District Allowances

 

 

 

Districts west and north

0.62 p/d

 

 

Western Division

1.01 p/d

31

25.33(b)

District Allowances

 

 

 

NSW border to Dalgety

1.01 p/d

32

25.33(c)

District Allowances

 

 

 

Road and bridge construction and repair

0.32 p/d

33

25.34

Pneumatic tools - stonemason

2.27 p/d

34

25.35

Asbestos Eradication

1.40 p/h

35

25.36

Laser safety officer

1.73 p/d

36

25.37

Illawarra road and general construction

0.42 p/h

37

25.38

Suspended Perimeter Work Platform

0.65 p/h

38

25.39

Labourers on refractory brickwork

3.12 per call

 

 

 

back

39

25.40

First-aid Allowances

 

 

 

Minimum qualification

1.79 p/d

 

 

Higher qualification

2.80 p/d

 

26. Accident Pay

 

26.1 This clause shall apply to all employees covered by this award and the circumstances under which an employee shall qualify for accident pay shall be prescribed hereunder.

 

26.2 The employer shall pay an employee accident pay where the employee receives an injury for which weekly payments or compensation are payable by or on behalf of the employer pursuant to the provisions of the relevant Workers’ Compensation Legislation as amended from time to time.

 

26.3 Accident pay means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the said relevant Workers’ Compensation Legislation and the employee’s appropriate 38 hour award rate and accrued entitlements prescribed by clauses 27 or 30 of this award, or where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the said award rate for that period.

 

26.4 An employer shall pay or cause to be paid accident pay as defined in subclause 26.3 hereof during the incapacity of the employee arising from any one injury for a total of 26 weeks whether the incapacity is in one continuous period or not.

 

26.5 The liability of the employer to pay accident pay in accordance with this clause shall arise as at the date of the injury or accident in respect of which compensation is payable under the said relevant workers’ compensation legislation and the termination of the employee’s employment for any reason during the period of any incapacity shall in no way affect the liability of the employer to pay accident pay as provided in this clause.

 

26.6 In the event that an employee receives a lump sum in redemption of weekly payments under the said relevant legislation, the liability of the employer to pay accident pay as herein provided shall cease from the date of such redemption.

 

26.7 An employer may at any time apply to the Industrial Relations Commission of New South Wales for exemption from the terms of this clause on the grounds that an accident pay scheme proposed and implemented by that employer contains provisions generally not less favourable to the employees than the provisions of this clause.

 

 

Part 6 - Hours Of Work, Breaks, Overtime, Shift Work, Weekend Work

 

27. Hours Of Work

 

27.1 Except as provided elsewhere in this award, the ordinary working hours shall be 38 per week, worked between 7.00 a.m. and 6.00 p.m., Monday to Friday, in accordance with the following procedure.

 

27.2 Hours of work and rostered days off -

 

27.2.1 The ordinary working hours shall be worked in a 20-day 4-week cycle, Monday to Friday inclusive, with eight hours worked for each of nineteen days and with 0.4 of an hour on each of those days accruing towards the twentieth day, which shall be taken as a paid day off. The twentieth day of that cycle shall be known as the rostered day off and shall be taken as outlined in 27.2.2 to 27.2.5 hereof. Payment on such a rostered day off shall include accrued entitlement to the allowances prescribed in 38.1(a), (c) and 38.2 of this award.

 

27.2.2 A rostered day off shall be taken on the fourth Monday in each four-week cycle, except where it falls on a public holiday, in which case the next working day shall be taken in lieu.

 

27.2.3 Before October each year the parties will meet to programme the RDO’s for the following year, ensuring that they coincide with the public holidays to the greatest extent practicable.

 

27.2.4 Agreement on alternate RDO’s

 

(a) Where an employer, who is not a party to an industry agreement dealing with rostered days off, and a majority of employees at an enterprise agree, another day may be substituted for the nominated industry rostered day off.

 

(b) Where there are union members employed at the enterprise, and the majority of the members request it, the consent of the State Branch of the union shall be obtained at least five days prior to the alternate RDO being implemented.

 

(c) Where there is a dispute in relation to an alternate RDO, the matter may be determined in accordance with clause 11, Settlement of Disputes.

 

27.2.5 Agreement on banking of RDO’s -

 

(a) Where employees are employed on distant work covered by clause 37 of this award, an employer (who is not a party to an industry agreement dealing with RDO’s) and a majority of those employees on distant work may agree to accrue up to five RDO’s for the purpose of creating a bank to be drawn upon by the employee at times mutually agreed by the employer or subject to reasonable notice by the employee.

 

(b) Where there are union members employed at the enterprise, and the majority of the members request it, the consent of the State Branch of the union shall be obtained at least five days prior to its introduction.

 

(c) Where there is a dispute in relation to the operation of this subclause, the matter may be determined in accordance with subclause 11.1 of this award.

 

27.2.6 Provided further that thirteen rostered days are taken off by an employee for 12 months’ continuous service.

 

27.2.7 Each day of paid leave taken and any holiday (as prescribed in clause 36 of this award), occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

 

27.2.8 An employee who has not worked, or is not regarded by reason of paragraph 27.2.7 hereof as having worked a complete nineteen-day four week cycle, shall receive pro rata accrued entitlements for each 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.

 

27.2.9 Except where agreement has been reached in accordance with 27.2.4 and 27.2.5 hereof, the prescribed RDO or any substituted 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 out-of-hours maintenance 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, in addition to accrued entitlements, the employee shall be paid penalty rates and provisions as prescribed for Saturday work in clause 31, Weekend work.

 

27.3 Agreement on working other than the RDO cycle -

 

27.3.1 Where an employer, who is not party to an industrial agreement dealing with rostered days off, and the majority of employees employed at a particular enterprise agree that due to the nature of an employer’s operations it is not practicable for the foregoing four week cycle to operate, they may agree to an alternate method of arranging working hours. Provided that the ordinary hours worked in any one week from Monday to Friday are within the spread of hours set out in 27.1 hereof, and that no more than eight ordinary hours are worked in any one day.

 

27.3.2 If the employees involved are members of the union then the employer shall notify the union.

 

27.4 Early starts - By agreement between the employer, the employees the working day may start at 6.00 a.m. (5.00 a.m. in Queensland) or at any other time between that hour and 8.00 a.m. and the working time shall then begin to run from the time so fixed, with a consequential adjustment to the meal cessation period.

 

27.5 Hours of work - part-time employees -

 

27.5.1 This clause shall only apply in respect of the operation of clause 13.3 of this award.

 

27.5.2 Notwithstanding the provisions of clauses 27 and 30, an employee working on a part-time basis pursuant to the provisions of subclause 13.3 may be paid for actual hours worked and in such instances the employee shall not be entitled to accrue time towards a rostered day off, and further provided that such employee shall not work on the nominated industry rostered day off.

 

27.5.3 Provided further, an employer and employee may agree that the part-time employee accrues time towards a rostered day off as provided by clauses 27 and 30 of this award. In such instances the part-time employee shall accrue pro-rata entitlements to rostered days off in accordance with clause 27, of this award as appropriate.

 

28. Breaks

 

28.1 There shall be a cessation of work and of working time, for the purpose of a meal on each day, of not less than 30 minutes, to be taken between noon and 1 p.m.

 

28.1.1 Variation of Meal Breaks - Provided further that where, because of the area of location of a project, the majority of on-site employees on the said project request, and Site Management agrees to the request, the period of the meal break may be extended to not more than forty five minutes with a consequential adjustment to the daily time of cessation of work, subject to the following procedure being observed:

 

(a) The employer shall, within 24 hours from when they reach agreement with their employees, notify by letter, facsimile or email, the unions registered to represent all the occupations they have working on the site (and who have reached agreement with the employer) of the site decision to vary the meal break.

 

(b) The employer shall also inform any registered organization of employers to which he belongs (and which is respondent to this award) of this agreement.

 

(c) A period of 5 ordinary working days shall be allowed to pass from the day on which the employer informs the unions, before the agreement is implemented.

 

(d) Such an agreement shall be put into effect after passage of the 5 days' period of notice unless a party to the award with membership involved in the agreement refers the matter to the Industrial Relations Commission of New South Wales, in which event the agreement will not be implemented until a decision is made by the Industrial Relations Commission of New South Wales or a further period of 5 ordinary working days has passed, whichever is the shorter.

 

28.1.2 Working with toxic materials - Where an employee is using toxic materials and such work continues to the employee’s meal break the employee shall be entitled to take washing time of ten minutes immediately prior to the meal break. Where this work continues to the ceasing time of the day or is finalised at any time prior to the ceasing time of the day, washing time of ten minutes shall be granted. The washing time break or breaks shall be counted as time worked.

 

28.2 Rest periods and crib time -

 

28.2.1 There shall be allowed, without deduction of pay, a rest period of 10 minutes between 9 a.m. and 11 am.

 

28.2.2 Provided that in lieu of the above the following shall apply: Bridge and wharf carpenters shall be entitled to a break for tea of ten minutes duration both in the morning and afternoon.

 

28.2.3 When an employee is required to work overtime after the usual ceasing time for the day or shift for two hours or more, they shall be allowed to take, without deduction of pay, a crib time of 20 minutes in duration immediately after ceasing time and thereafter, after each four hours of continuous work, they shall be allowed to take also without deduction of pay, a crib time of 30 minutes in duration. In the event of an employee remaining at work after the usual ceasing time without taking the crib time of 20 minutes and continuing at work for a period of two hours or more, they shall be regarded as having worked 20 minutes more than the time worked and be paid accordingly.

 

For the purposes of this subclause "usual ceasing time" is at the end of ordinary hours inclusive of time worked for accrual purposes as prescribed in clause 27 or clause 30.9 of this award.

 

28.2.4 Where shift work comprises three continuous and consecutive shifts of eight hours each per day, inclusive of time worked for accrual purposes as prescribed in clause 30.9, of this award, a crib time of 20 minutes in duration shall be allowed without deduction of pay in each shift, such crib time being in lieu of any other rest period or cessation of work elsewhere prescribed by this award.

 

28.2.5 The provision of clauses 28.2.1, 28.2.2 and 28.2.3 of this award, shall not be applicable to the case of an employee who is allowed the rest periods prescribed by clauses 25.2 and 25.3, of this award.

 

28.2.6 An apprentice who has worked continuously (except for meal or crib times allowed by this award) for twenty hours shall not be required to continue at or recommence work for at least twelve hours.

 

29. Overtime And Special Time

 

29.1 All time worked beyond an employees ordinary time of work (inclusive of time worked for accrual purposes as prescribed in clauses 27.1 and 30.9 of this award), Monday to Friday, shall be paid for at the rate of one and a half time ordinary rates for the first two hours and at double time thereafter.

 

29.2 An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) shall be paid for a minimum of three hours work at the appropriate rates for each time the employee is so recalled. Except in the case of unforeseen circumstances arising, the employee shall not be required to work the full three hours if the job the employee was recalled to perform is completed within a shorter period.

 

29.3 Subclause 29.2 hereof shall not apply in cases where it is customary for an employee to return to the employer’s premises to perform a specific job outside ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

29.4 If an employer requires an employee to work during the time prescribed by clause 28.1 of this award for cessation of work for a meal break, the employee shall be paid for at the rate of double time for the period worked between the prescribed time of cessation and the beginning of the time allowed in substitution for the meal break. If the cessation time is shortened at the request of the employee to the minimum of 30 minutes prescribed in clause 27 of this award or to any other extent, (not being less than 30 minutes) the employer shall not be required to pay more than the ordinary rates of pay for the time worked as a result of such shortening, but such time shall form part of the ordinary working time of the day.

 

29.5 No employee under the age of eighteen years shall be required to work overtime or shift work unless the employee so desires.

 

29.6 No apprentice or trainee shall, except in an emergency, work or be required to work overtime or shift work at times which would prevent the employees attendance at a training facility, as required by any statute, award or regulation.

 

29.7 When an employee, after having worked overtime and/or a shift for which the employee has not been regularly rostered, finishes work at a time when reasonable means of transport are not available the employer shall pay the cost of, or provide, transport to the employee’s home or to the nearest public transport.

 

29.8 (a) An employee who works so much overtime:

 

(i) between the termination of the employee’s ordinary work day or shift, and the commencement of the employee’s ordinary work in the next day or shift that the employee has not had at least ten consecutive hours off duty between these times; or

 

(ii) 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 the employee’s ordinary commencing time on the next ordinary day or shift,

 

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

 

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

 

(c) The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked:

 

(i) For the purpose of changing shift rosters; or

 

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

 

(iii) Where a shift is worked by arrangement between the employees themselves.

 

29.9 (a) Except as provided in this clause an employer may require any employee to work reasonable overtime.

 

(b) An employee who has worked continuously (except for meal and crib times allowed by this award) for twenty hours shall not be required to continue at or commence work for at least twelve hours.

 

29.10 All work performed on any of the holidays prescribed in clause 36, Public Holidays and Holiday Work, or substituted in lieu thereof, shall be paid for at the rate of double time and a half.

 

29.11 The provisions of 29.4 and 29.8 hereof shall apply in respect of work on a holiday.

 

29.12 An employee required to work on a holiday shall be afforded at least four hours work or paid for four hours at the appropriate rate.

 

29.13 All work performed on a Saturday or a Sunday shall be paid in accordance with clause 31, Weekend Work of this award.

 

30. Shift Work

 

Where it is necessary that work be performed in shifts the following conditions shall apply:

 

30.1 For the purpose of this subclause:

 

"Afternoon Shift"means a shift finishing after 9.00 pm and at or before 11 pm.

 

"Night Shift" means a shift finishing after 11.00 pm and at or before 7.00 am.

 

"Morning Shift" means a shift finishing after 12.30 pm and at or before 2.00 pm.

 

"Early Afternoon Shift"means a shift finishing after 7.00 pm and at or before 9.00 pm.

 

30.2 Provided that the employee is employed continuously (inclusive of public holidays) for five shifts Monday to Friday, the following rates shall apply:

 

(a) Afternoon and Night Shifts - Ordinary time plus 50 per cent.

 

(b) Morning and Early Afternoon Shifts - Ordinary time plus 25 per cent.

 

30.3 In the case of broken shifts (i.e., less than five consecutive shifts Monday to Friday) the rates prescribed shall be ordinary time plus 50 per cent for the first two hours and double ordinary time rates thereafter.

 

Provided that where a job finishes after proceeding on shift work for more than five days or the employee terminates their services during the week, they shall be paid at the rate specified in clause 30.2 of this award, for the time actually worked.

 

30.4 The ordinary hours of both afternoon and night shift shall be eight hours daily inclusive of meal breaks. Provided that where shift work comprises three continuous and consecutive shifts of eight hours each per day, a crib time of 20 minutes' duration shall be allowed in each shift, and shall be paid for as though worked. Such crib time shall be in lieu of any other rest period or cessation of work elsewhere prescribed by this award.

 

30.5 An employee shall be given at least 48 hours' notice of the requirements to work shift work.

 

30.6 The hours for shift workers, when fixed, shall not be altered except for breakdowns or other causes beyond the control of the employer, provided that notice of such alteration shall be given to the employee not later than ceasing time of the previous day shift.

 

30.7 For all work performed on a Saturday or Sunday, the normal rates of pay applicable to weekend overtime shall apply: Provided that an ordinary night shift commencing before and extending beyond midnight Friday, shall be regarded as a Friday shift.

 

30.8 All work in excess of shift hours, Monday to Friday, other than holidays shall be paid for at double time based on the ordinary rates of pay (excluding shift rates).

 

30.9 The provisions of this award relating to hours (38 hour week) and leave shall apply to employees working shift work.

 

30.10 Notwithstanding the foregoing provisions employees of contractors and subcontractors on civil engineering undertakings shall work shift work in accordance with the provisions of the following awards as varied where they apply:

 

The General Construction and Maintenance Civil and Mechanical Engineering (State) Award.

 

31. Weekend Work

 

31.1 Overtime work on Saturday shall be paid for at the rate of time and one-half for the first two hours and double time thereafter; provided that all overtime worked after 12 noon on Saturday shall be paid for at the rate of double time.

 

Provided that all work performed on the Saturday following Good Friday shall be paid for at the rate of double time and one-half.

 

31.2 All time worked on Sundays shall be paid for at the rate of double time.

 

31.3 An employee required to work overtime on a Saturday or to work on a Sunday shall be afforded at least three hours' work on a Saturday or four hours' work on a Sunday or shall be paid for three hours on a Saturday or four hours on a Sunday at the appropriate rate.

 

Provided that an employee required to work on the Saturday following Good Friday shall be afforded at least four hours' work or paid for four hours at the appropriate rate.

 

31.4 An employee working overtime on a Saturday or Sunday shall be allowed a rest period of ten minutes between 9.00 a.m. and 11.00 a.m. This rest period to be paid for as though worked.

 

31.5 An employee working overtime on a Saturday, or working on a Sunday, shall be allowed a paid crib time of 20 minutes after four hours' work, to be paid for at the ordinary rate of pay but this provision shall not prevent any arrangement being made for the taking of a 30 minute meal period, the time in addition to the paid 20 minutes being without pay.

 

In the event of an employee being required to work in excess of a further four hours, they shall be allowed to take a paid crib time of 30 minutes which shall be paid at the ordinary rate of pay.

 

Part 7 - Leave Of Absence And Public Holidays

 

32. Annual Leave

 

32.1 Period of Leave - Subject to the provisions of clauses 32.2, 32.4 and 32.5, a period of 28 consecutive days, exclusive of any public holidays occurring during the period, shall be given and taken as leave annually to all employees, other than casual employees, after 12 months' continuous service (less the period of annual leave) with an employer. Provided that where a rostered day off, as prescribed in clause 27 or 30 falls during the period annual leave is taken, payment of accrued entitlements for such day shall be made in addition to annual leave payments prescribed in 32.6.

 

32.2 Method of Taking Leave -

 

(a) Either 28 consecutive days, or two separate periods of not less than seven consecutive days in all cases exclusive of any public holidays occurring therein, shall be given and taken within six months from the date when the right to annual leave accrued.

 

(b) Where an employee requests that leave be allowed in one continuous period such request shall not be unreasonably refused. In the event of lack of agreement between the parties the matter shall be referred to the Industrial Relations Commission for decision.

 

(c) In the circumstances where a public holiday falls within one day of a weekend or another public holiday the provision of 32.2(a) may be altered by agreement between the employer and a majority of employees affected under this award to provide that a day of annual leave entitlement may be granted on the day between the said public holidays and/or weekend if an employee, or employer, requests it.

 

(d) Where annual leave is proposed to be given and taken in two periods, one of which is to be in conjunction with the Christmas and New Year holidays representatives of the employers and employees, parties to this award shall meet not later than the 31st day of July in each year in order to fix the commencing and finishing dates for the following Christmas-New Year period of leave. Where no agreement can be reached between the representatives the matter shall be referred to the Commission for determination.

 

32.3 Proportionate Leave on Termination - Where an employee has given five working days or more continuous service, inclusive of any day off as prescribed by clause 27 and 30 of this award (excluding overtime) and they either leave their employment or their employment is terminated by the employer they shall be paid one-twelfth of an ordinary week's wages in respect of each completed five working days of continuous service with their current employer for which leave has not been granted or paid for in accordance with this award.

 

32.4 Proportionate Leave on Termination - Where an employee has given 40 hours or more continuous service (excluding overtime) and they either leave their employment or their employment is terminated by the employer, they shall be paid one-twelfth of an ordinary week's wages in respect of each completed 40 hours of continuous service with their current employer for which leave has not been granted or paid for in accordance with this award.

 

32.5 Broken Service - Where an employee breaks their continuity of service by an absence from work for any reason other than a reason set out in 32.6, the amount of leave to which they would have been entitled under 32.1 shall be reduced by one-forty-eighth for each week or part thereof during which any such absence occurs and the amount of payment in lieu of leave to which they would have been entitled under 32.4 shall be reduced by one-twelfth of a week's pay for each week or part thereof during which any such absence occurs: Provided, however, that no reduction shall be made in respect of any absence unless the employer informs the employee in writing of their intention so to do within fourteen (14) days of the termination of the absence.

 

32.6 Calculation of Continuous Service - For the purposes of this clause service shall be deemed to be continuous notwithstanding an employee's absence from work for any of the following reasons:

 

(a) illness or accident up to a maximum of four weeks after the expiration of paid sick leave;

 

(b) bereavement leave;

 

(c) jury service;

 

(d) injury received during the course of employment and up to a maximum of 26 weeks for which they received worker's compensation;

 

(e) where called up for military service for up to three months in any qualifying period;

 

(f) long service leave;

 

(g) any reason satisfactory to the employer or in the event of dispute decided through the process set out in 3.11. Provided that the reason shall not be deemed satisfactory unless the employee has informed the employer within 24 hours of the time when they were due to attend for work or as soon as practicable thereafter of the reason for the absence and probable duration thereof.

 

32.7 Leave Payment -

 

(a) Payment for period of leave - Each employee, before going on leave, shall be paid in advance the wages which would ordinarily accrue to them during the currency of the leave.

 

(b) Annual Leave Loading - In addition to the payment prescribed in paragraph (a) hereof an employee shall receive during a period of annual leave a loading of 171/2 per centum calculated on the rates, loadings, and allowances prescribed by clauses 18.1, 24.1, 24.3 and 38 and leading hand rates as prescribed by subclause 18.4, of this award, if applicable. The loading prescribed above shall also apply to proportionate leave on lawful termination.

 

32.8 Service under Previous Award - For the purposes of calculating annual leave the service of the employee prior to the operative date of this award shall be taken into account but an employee shall not be entitled to leave (or payment in lieu thereof) for any period in respect of which leave (or payment in lieu thereof) has been allowed or made under any previous award.

 

32.9 Annual Close Down - Notwithstanding anything contained in this award an employer giving any leave in conjunction with the Christmas-New Year holidays may, at their option, either:

 

(a) stand off without pay during the period of leave any employee who has not yet qualified under 32.1 , or

 

(b) stand off for the period of leave any employee who has not qualified under 32.1 and pay them (up to the period of leave then given) at a rate of one-twelfth of an ordinary week's wages in respect of each 40 hours' continuous service (excluding overtime): Provided that where an employer at their option decides to close down their establishment at the Christmas-New Year period for the purpose of giving the whole of the annual leave due to all, or the majority, of their employees then qualified for such leave, they shall give at least two months' notice to their employees of their intention so to do.

 

32.10 Commencement of Leave - Distant Jobs -If an employee is still engaged on a distant job when annual leave is granted and the employee returns to the place of engagement, or if employed prior to going to country work the place regarded as their headquarters, by the first reasonable means of transport their annual leave shall commence on the first full working day following their return to such place of engagement or headquarters as the case may be.

 

32.11 Prohibition of Alternative Arrangements - An employer shall not make payment to an employee in lieu of their annual leave or any part thereof except as is provided for in this clause and no contract, arrangement, or agreement shall annul, vary, or vitiate the provisions of this clause whether entered into before or after the commencement of this award.

 

32.12 Leave allowed before due date -

 

(a) An employer may allow an apprentice to take his/her annual leave prior to the employee's right thereto. In such circumstances the qualifying period of further annual leave shall not commence until the expiration of twelve months in respect of which the leave so allowed was taken.

 

(b) Where an employer has allowed an apprentice to take his/her annual leave and the apprentice's services are terminated (by whatsoever cause) prior to the apprentice completing the 12 months' continuous service for which leave was allowed in advance, the employer may, for each complete week of the qualifying period of 12 months not served by the apprentice, deduct from whatever remuneration is payable upon the termination of the employment one-fifty-second of the amount of wages paid on account of the annual leave.

 

(c) Notwithstanding anything contained in this subclause an apprentice who has worked for 12 months in the industry with a number of different employers without taking annual leave shall be entitled to take annual leave and be paid one-twelfth of an ordinary week's wages in respect of each completed 40 hours of continuous service with his/her current employer.

 

 

33. Other Leave

 

33.1 Sick Leave -

 

33.1.1 An employee other than a casual employee as defined who is absent from their work on account of personal illness or on account of injury by accident, other than that covered by workers' compensation, shall be entitled to leave of absence, without deduction of pay, subject to the following conditions and limitations:

 

(a) They shall within 24 hours of the commencement of such absence inform the employer of their inability to attend for duty; and, as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.

 

(b) They shall prove to the satisfaction of their employer (or in the event of dispute the Industrial Relations Commission) that they were unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

 

(c) An employee during their first year of employment with an employer shall be entitled to sick leave entitlement at the rate of one day at the beginning of each of the first ten calendar months of the first year of employment. Provided that an employee who has completed one year of continuous employment shall be credited with a further ten days sick leave entitlement at the beginning of their second and each subsequent year, which, subject to clause 33.1.5, shall commence on the anniversary of engagement.

 

33.1.2 In the case of an employee who claims to be allowed paid sick leave in accordance with 33.1 for an absence on one day only such employee if in the year they have already been allowed paid sick leave on two occasions for one day only, shall not be entitled to payment for the day claimed unless they produce to the employer a certificate of a duly qualified medical practitioner that in the medical practitioner's opinion, the employee was unable to attend for duty on account of personal illness or injury: Provided that an employer may agree to accept from the employee a statutory declaration stating that the employee was unable to attend for duty on account of personal illness or injury in lieu of a medical certificate. Nothing in this subclause shall limit the employer's rights under 33.1.1(b).

 

33.1.3 Sick leave with an employer shall accumulate from year to year so that any balance of the period specified in 33.1.1(c), which in any year has not been allowed to an employee by that employer as paid sick leave may be claimed by the employee and subject to the conditions herein prescribed, shall be allowed by that employer in a subsequent year, without diminution of the sick leave prescribed in respect of that year.

 

Provided that sick leave which accumulates pursuant to 33.1.3 shall be available to the employee for a period of ten years, but for no longer from the end of the year in which it accrues.

 

33.1.4 Any sick leave for which an employee may become eligible under this award by reason of service with one employer shall not be cumulative upon sick leave for which the employee may become eligible by reason of subsequent service with another employer.

 

33.1.5 If an employee's employment is terminated by their employer and they are re-engaged by the same employer within a period of six months then the employee's unclaimed balance of sick leave shall continue from the date of re-engagement. In such case the employee's next year of service will commence after a total of twelve months has been served with that employer excluding the period of interruption in service from the date of commencement of the previous period of employment or the anniversary of the commencement of the previous period of employment, as the case may be.

 

33.1.6 Sick Leave (Apprentices) -

 

(a) Each apprentice shall be allowed sick leave up to a maximum of a fortnight for each year of apprenticeship. Such sick leave shall be cumulative for the period of apprenticeship; provided that in the event of a transfer to another employer credit shall not be given for any balance of sick leave not taken whilst in the service of the previous employer.

 

(b) For absence due to sickness of two days or less the parent or guardian shall notify the employer by telephone and confirm the information by letter furnished on the day of resumption. Time lost for such absences shall not be paid for if the absence is not notified in the manner prescribed.

 

(c) A medical certificate shall be furnished for absence in excess of two days.

 

33.2 Personal/Carer’s Leave -

 

33.2.1 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 subclause 33.1, 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; 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.

 

33.2.2 Unpaid leave for Family Purpose - 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 33.2.1(c)(ii) who is ill.

 

33.2.3 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 33.2.3, 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.

 

33.2.4 The 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 33.2.4, 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) of 33.2.4, the employee shall be paid overtime rates in accordance with the award.

 

33.2.5 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.

 

33.2.6 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) Subclause 33.2.6 is subject to the employer informing each union which is both party of 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.

 

33.3 Bereavement Leave -

 

33.3.1 An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death in Australia of a person prescribed in 33.3.3. Provided that, with the consent of the employer, which consent shall not be unreasonably withheld, an employee shall, in addition to this entitlement to paid bereavement leave, be entitled to reasonable unpaid bereavement leave up to ten working days in respect of the death within Australia or overseas of a person to whom this clause applies.

 

33.3.2 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.

 

33.3.3 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 33.2.1(c)(ii), provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

33.3.4 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.

 

33.3.5 Bereavement leave may be taken in conjunction with other leave available under 33.2.2, 33.2.3, 33.2.4, 33.2.5 and 33.2.6. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

33.4 Long Service Leave -

 

NOTE: See Building and Construction Industry Long Service Payments Act 1986.

 

33.5 Trade Union Training Leave -

 

33.5.1 Subject to all qualifications in this clause, an employee appointed or elected as an accredited representative of the union (as defined) to which they belong shall, upon application in writing to the employer, be granted up to 5 days leave with pay each calendar year non-cumulative to attend courses conducted or approved by the Australian Trade Union Training Authority.

 

(i) Such courses shall be designed and structured with the objective or promoting good industrial relations within the building and construction industry.

 

(ii) Consultation may take place between the parties and the Australian Trade Union Training Authority, where appropriate, in the furtherance of this objective.

 

33.5.2 For the purpose of this clause an "accredited representative of the union" shall mean a workplace delegate recognised by the employer in accordance with Clause 12.5 of this Award.

 

33.5.3 The following scale shall apply:

 

No. of Employees covered by this Award

Max. No. of employees eligible to attend per year

Max. No. of Days Permitted per year

Up to 15

1

5

16 - 30

2

10

31 - 50

3

15

51 - 100

4

20

101 and over

5

25

 

33.5.4 The application for leave shall be given to the employer at least 6 weeks in advance of the date of commencement of the course. The application for leave shall contain the following details:

 

(i) The name of the employee seeking the leave.

 

(ii) The period of time for which the leave is sought (including course dates and the daily commencing and finishing times); and

 

(iii) The title, general description and structure of the course to be attended and the location of where the course is to be conducted.

 

33.5.5 The employer shall advise the union within seven clear working days (Monday to Friday) of receiving the application as to whether or not the application for leave has been approved.

 

33.5.6 The time of taking leave shall be arranged so as to minimise any adverse effect on the employer's operations. The onus shall rest with the employer to demonstrate an inability to grant leave when an eligible employee is otherwise entitled.

 

33.5.7 An employer shall not be liable for any additional expenses associated with an employee's attendance at a course other than the payment of ordinary time earnings for such absence. For the purpose of this clause ordinary time earnings shall be defined as the relevant award classification rate including supplementary payments, shift work loadings where relevant plus overaward payments where applicable.

 

33.5.8 Leave rights granted in accordance with this clause will not result in additional payment for alternative time off to the extent that the course attended coincides with an employee's day off in the 19 day month work cycle or with any concessional leave.

 

33.5.9 An employee on request by their employer shall provide proof of their attendance at any course within 7 days. If an employee fails to provide such proof, the employer may deduct any amount already paid for attendance from the next week's pay or from any other moneys due to the employees.

 

33.5.10 Where an employee is sick during a period when leave pursuant to 33.5 has been granted proof of attendance at the course is not required for that period and the employee shall receive payment, if entitled, under the provisions of subclause 33.1 of this award.

 

33.5.11 Leave of absence granted pursuant to this clause shall count as service for all purposes of this award.

 

33.5.12 This clause shall not apply to government authorities in New South Wales bound by this award.

 

33.5.13 Any dispute as to any aspect of the operation of this clause shall be resolved in accordance with the dispute settlement procedure of this award.

 

34. Parental Leave

 

Chapter 2 of Part 4 of the Act shall operate as a provision of this award

 

35. Jury Service

 

An employee required to attend for jury service shall be entitled to have their pay made up by the employer to equal their ordinary pay as for eight hours (inclusive of accrued entitlements prescribed by 27.1 or 30.9) per day plus fares whilst meeting this requirement. The employee shall give their employer proof of such attendance and the amount received in respect of such jury service.

 

An employee working part-time pursuant to subclause 13.3 required to attend for jury service during their agreed ordinary hours shall be paid in accordance with the above paragraph of this clause on a pro-rata basis.

 

36. Public Holidays And Holiday Work

 

36.1 An employee, other than a casual employee (as defined), shall be entitled to the following holidays without deduction of pay. Provided that if any other day be by a State Act of Parliament or State Proclamation substituted for any of the said holidays, the day so substituted shall be observed:

 

New Year's Day

Australia Day

Good Friday

Easter Monday

Anzac Day

Queen's Birthday

Eight Hour Day or Labour Day

Christmas Day

Boxing Day

 

Provided that an employer whose business is situated near State or Territory border and whose operations traverse the border may elect to follow a particular State or Territory's public holidays, subject to agreement with the appropriate union.

 

36.2 In addition to the holidays prescribed in subclause 36.1 of this clause, an additional public holidays shall apply to employees in the manner set out below. Provided that an employer whose business is situated near a State or Territory border and whose operations traverse the border may elect to follow a particular State or Territory's public holidays, subject to agreement with the appropriate union.

 

(i) The first Monday in December of each year shall be the union picnic day.

 

(ii) All employees shall, as far as practicable, be given and shall take this day as picnic day without deduction of pay. Any employee required to work on this day shall be paid at the rate of double time and one-half:

 

Provided that an employee who attends for work as required on this day shall be paid for not less than four hours' work.

 

(iii) An employer may require from an employee evidence of his attendance at the picnic and the production of the butt of a picnic ticket issued for the picnic shall be sufficient evidence of such attendance. Where such evidence is requested by the employer payment need not be made unless evidence is produced.

 

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

 

(v) This clause shall apply to employees working within the Counties of Cumberland, Northumberland and Camden and in such other areas where a picnic organised by the union is held.

 

36.3 By agreement between any employer and the unions, other days may be substituted for the said days or any of them as to such employer's undertaking.

 

36.4 Where an additional or substitute public holiday, excluding Show Day is proclaimed by Order of Council or otherwise gazetted by authority of the Australian or a State Government under any Act throughout any State or part thereof, such day shall, within the defined locality, be deemed to be a holiday for the purposes of this award. This exclusion shall not apply to the Newcastle (NSW) Show Day, or to other show Days specifically referred to elsewhere in this clause. Provided that an employee not be entitled to the benefit of more than one holiday upon such occasion.

 

36.5 Provided that:

 

(a) An employer who terminates the employment of an employee except for reasons of misconduct or incompetency (proof of which shall lie upon the employer) shall pay the employee a day's ordinary wages for each holiday prescribed in 36.1 and 36.2 or each holiday in a group as prescribed in paragraph (b) of this subclause which falls within 10 consecutive calendar days after the day of termination.

 

(b) Where any two or more of the holidays prescribed in this award occur within a 7 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 10 consecutive calendar days after termination, the whole group shall be deemed to fall within the 10 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.

 

(d) The employee has worked as required by their employer the working day immediately before and the working day immediately after such holiday or is absent with the permission of their employer or is absent with reasonable causes. Absence arising by termination of employment by the employee shall not be reasonable cause.

 

36.6 The provisions of this clause shall not apply to any apprentice who is required to attend a technical college or other institution for the purpose of receiving instruction and/or submitting themself for any examination. In such a case the employer and apprentice mutually may agree that the apprentice shall be allowed another working day off with pay in lieu of the picnic day. Where this is not practicable the apprentice shall be paid at the overtime rates prescribed herein.

 

36.7 Where an employee is working on a part-time basis pursuant to the provisions of subclause 13.3 of this award, the holidays provisions in this clause shall only apply in respect of that part of a holiday or group of holidays which coincides with the ordinary hours of part-time work applicable to that employee.

 

Part 8 -Transfers, Travelling And Working Away From Usual Place Of Work

 

37. Living Away From Home - Distant Work

 

37.1 Qualification - An employee shall be entitled to the provisions of this clause when employed on a job or construction work under the following conditions:

 

(a) The employee is not in receipt of a discretionary relocation payment through the Job Network Provider.

 

(b) The employee is maintaining a separate place of residence to which it is not reasonable to expect the employee to return each night; and

 

(c) The employee, on being requested by the employer informs the employer, at the time of engagement, that the employee maintains a separate place of residence from the address recorded on the job application.

 

Subject to subclause 37.2 of this clause an employee is regarded as bound by the statement of his/her address and no entitlement shall exist if unknowingly to the employer the employee wilfully and without duress made a false statement in relation to the above.

 

37.2 Employee's Address -

 

(a) The employer shall require and the applicant shall provide the employer with the following information, in writing, at the time of engagement:

 

(i) the address of the place of residence at the time of application; and

 

(ii) the address of the separately maintained residence, if applicable.

 

Provided however, that the employer shall not exercise undue influence, for the purpose of avoiding its obligations under the award, in persuading the prospective employee to insert a false address.

 

(b) No subsequent change of address shall entitle an employee to the provisions of this clause unless the employer agrees.

 

(c) Documentary proof of address such as a long service leave registration card or driver's licence may be accepted by an employer as proof of the employee's usual place of residence.

 

(d) The address of the employee's usual place of residence and not the place of engagement shall determine the application of this clause.

 

Any dispute arising in respect of this clause shall be dealt with via the dispute resolution procedures in clause 11.1 of this award.

 

37.3 Entitlement - Where an employee qualifies under 37.1 above, the employer shall either -

 

(a) provide the worker with reasonable board and lodging; or

 

(b) pay an allowance set out in Item 1 of 37.12 per week of seven days but such allowance shall not be wages. In the case of broken parts of the week occurring at the beginning or the ending of the employment on a distant job the allowance set out in Item 2 of 37.12 per day: Provided that the foregoing allowances shall be increased if the employee satisfies the employer that the employee reasonably incurred a greater outlay than that prescribed. In the event of disagreement the matter may be referred to the Industrial Commission; or

 

(c) in circumstances prescribed in 37.7 provide camp accommodation and messing, constructed and maintained in accordance with 37.10.

 

"Reasonable board and lodging" shall mean lodging in a well kept establishment with three adequate meals each day, adequate furnishings, good bedding, good floor coverings, good lighting and heating and with hot and cold running water.

 

37.4 Travelling Expenses - An employee who is sent by his/her employer or selected or engaged by an employer or agent to go to a job which qualifies the employee to the provision of this clause shall not be entitled to any of the allowances prescribed by clause 38, of this award, for the period occupied in travelling from his/her usual place of residence to the distant job, but in lieu thereof shall be paid:

 

(a) Forward Journey -

 

(i) For the time spent in so travelling, at ordinary rates up to a maximum of eight hours per day for each day of travel (to be calculated as the time taken by rail or the usual travelling facilities).

 

(ii) For the amount of a fare on the most common method of public transport to the job (bus; economy air, second class rail with sleeping berths if necessary, which may require a first class rail fare), and any excess payment due to transporting his/her tools if such is incurred.

 

(iii) For any meals incurred while travelling at an amount set out in Item 3 of 37.12 per meal.

 

Provided that the employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues his/her employment within two weeks of commencing on the job and who does not forthwith return to his/her place of engagement.

 

(b) Return Journey - An employee shall, for the return journey, receive the same time, fares and meal payments as provided in 37.4(a) above, together with an amount set out in Item 4 of 37.12 to cover the cost of transporting himself and his/her tools from the main transport terminal to his/her usual place of residence.

 

Provided that the above return journey payments shall not be paid if the employee terminates or discontinues his/her employment within two months of commencing on the job, or if the employee is dismissed for incompetence within one working week of commencing on the job, or is dismissed for misconduct.

 

(c) Departure Point - For the purposes of this clause, travelling time shall be calculated as the time taken for the journey from the Central or Regional rail, bus or air terminal nearest the employee's usual place of residence to the locality of the work.

 

37.5 Daily Fares Allowance - An employee engaged on a job which qualifies the employee to the provisions of this clause and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) shall be paid the allowance prescribed by clause 38 of this award.

 

37.6 Weekend Return Home - When an employee returns home for a weekend or part of a weekend and does not absent himself from the job for any of the ordinary working hours inclusive of time worked for accrual purposes as prescribed in clause 27.1 and 30.9 of this award no reduction of the allowances prescribed in 37.3(b) of this award shall be made.

 

37.7 Construction Camps -

 

(a) Camp Accommodation - Where an employee is engaged on the construction of projects which are located in areas where suitable board and lodging as defined in 37.3 is not available, or where the size of the work force is in excess of the available accommodation or where continuous concrete pour requirements of the project or the working shifts necessitate camp accommodation and where, because of these circumstances, it is necessary to house the employees in a camp, such camp shall be constructed and maintained in accordance with subclause 37.10.

 

(b) Camping Allowance - An employee living in a construction camp where free messing is not provided shall receive a camping allowance of an amount set out in Item 5 of 37.12 for every complete week the employee is available for work. If required to be in camp for less than a complete week the employee shall be paid an amount set out in Item 6 of 37.12 per day including any Saturday or Sunday if the employee is in camp and available for work on the working days immediately preceding and succeeding each Saturday and Sunday. If an employee is absent without the employer's approval on any day, the allowance shall not be payable for that day and if such unauthorised absence occurs on the working day immediately preceding or succeeding a Saturday or Sunday, the allowance shall not be payable for the Saturday and Sunday.

 

(c) Camp Meal Charges - Where a charge is made for meals in a construction camp, such charge shall be fixed by agreement between the parties.

 

37.8 Rest and Recreation -

 

(a) Rail or Road Travel - An employee who proceeds to a job which qualifies the employee to the provisions of this clause may, after two months' continuous service thereon and thereafter at three monthly periods of continuous service thereon, return to his/her usual place of residence at the weekend. If the employee does so, the employee shall be paid the amount of a bus or second class return railway fare to the bus or railway station nearest his/her usual place of residence on the pay day which immediately follows the date on which the employee returns to the job; provided no delay not agreed to by the employer takes place in connection with the employee's commencement of work on the morning of the working day following the weekend:

 

Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further twenty- eight days after the expiration of any such period of two or three months as herein before mentioned, then the provisions of this subclause shall not be applicable.

 

(b) Air Travel -

 

(i) Notwithstanding any other provisions contained in (a) above and in lieu of such provisions, the following conditions shall apply to an employee who qualifies under 37.1 above and where such construction work is located north of twenty-sixth parallel of south latitude in Australia or in any other area to which air is the only practicable means of travel an employee may return home after four months' continuous service and shall in such circumstances be entitled to two days' leave with pay in addition to the weekend. Thereafter the employee may return to his/her usual place of residence after each further period of four months' continuous service, and in each case the employee shall be entitled to two days' leave of which one day shall be paid leave. Payment for leave and reimbursement for any economy airfare paid by the employee shall be made at the completion of the first pay period commencing after the date of return to the job: Provided, however, that if the work upon which the employee is engaged will terminate in the ordinary course within a further twenty-eight days after the expiration of any such period of four months as herein before mentioned, then the provisions of this paragraph shall not be applicable.

 

(ii) Remote areas of Western Australia Employees on jobs north of latitude 26 degrees south or elsewhere in the State of Western Australia shall be entitled in accordance with this subclause 37.8 (b) to travel to their usual place of residence, or Perth which ever is the closest to the job and return provided that reimbursement of air fare in no case shall exceed the economy air fare from the job to Perth and return: unless an employee has been sent by this employer, or selected or engaged by the employer or agent, to go to such job from a place which is a greater distance from the job than Perth and the employee returns to that place, in which event reimbursement shall include the return air fare for the greater distance.

 

(c) Limitation of Entitlement - An employee shall be entitled to either paragraph (a) or paragraph (b) herein and such option shall be established by agreement as soon as practicable after commencing on distant work. The entitlement shall be availed of as soon as reasonably practical after it becomes due and shall lapse after a period of two months provided that the employee has been notified in writing by the employer in the week prior to such entitlement becoming due of the date of entitlement and that such entitlement will lapse if not taken before the appropriate date two months later. (Proof of such written notice shall lie with the employer).

 

(d) Service Requirements - For the purpose of this subclause service shall be deemed to be continuous notwithstanding an employee's absence from work as prescribed in the clause or as prescribed in 32.6 of this award.

 

(e) Variable Return Home - In special circumstances, and by agreement with employer, the return to the usual place of residence entitlements may be granted earlier or taken later than the prescribed date of accrual without alteration to the employee's accrual entitlements.

 

(f) Non-Payment in Lieu - Payment of fares and leave with pay as provided for in this subclause shall not be made unless availed of by the employee.

 

37.9 Termination - An employee shall be entitled to notice of termination in sufficient time to arrange suitable transport at termination or shall be paid as if employed up to the end of the ordinary working day before transport is available.

 

37.10 Construction Camp Standards -

 

(a) Construction camps, as referred to in this clause, shall comply with the following standards:

 

(i) The camp shall provide for accommodation in single rooms, of dimensions not less than 14 cubic metres per person and shall have a timber, aluminium or similar floor with floor covering provided. Each room shall be furnished with reasonable sleeping accommodation including a mattress, pillow and blankets together with a table or reasonable substitute therefore, a seat and a wardrobe for each person.

 

(ii) Each room shall be fitted with a door and moveable window of reasonable dimensions fitted with a gauze screen. Each room shall be sealed and lined. Good artificial lighting shall be provided in each room.

 

(iii) Except where corridor type barracks are provided, a verandah shall be constructed in front of each room. Where reasonably required, provisions shall be made for the heating of rooms or cooling by fan.

 

(iv) Provisions shall be made in the camp for reasonable washing facilities including hot and cold showers. Reasonable provisions shall be made for the washing of clothes. Toilets shall be adequate and sewered where possible, situated within reasonable distance from the living quarters, access to which shall be by properly lighted paths.

 

Provisions shall be made for the effluent from the kitchen, laundry and showers to be carried away in closed pipes and dispersed in such a way as to avoid any risk to health. In any such camp messing shall be made available by the employer with provisions of a choice of meals.

 

(b) Where construction camp accommodation is not provided and the employer provides caravan accommodation the employer and the unions shall confer as to reasonable standards for such accommodation. In the absence of agreement being reached the matter shall be referred to the Commission.

 

37.11 Alternative Paid Day Off Procedure - If the employer an the employee so agree in writing, the paid rostered day off as prescribed in clause 27.1 Hours of Work, of this award, may be taken, and paid for, in conjunction with the additional rest and recreation leave as prescribed in this clause or at the end of the project or on termination, whichever comes first.

 

37.12 Table of Allowances

 

Item No.

Clause No.

Description

Amount $

1

37.3(b)

Living away from home weekly rate

303.00

2

37.3

Living away from home daily rate

43.30 p/d

3

37.4(a)(iii)

Meals while travelling

8.30 p/meal

4

37.4

Return journey

15.30

5

37.7(b)

Weekly camping rate

120.10 p/w

6

37.7(b)

Daily camping rate

17.30 p/d

 

38. Fares And Travel Patterns Allowance

 

38.1 The following fares and travel patterns allowance shall be paid to employees other than apprentices for travel patterns and costs peculiar to the industry which include mobility requirements on employees and the nature of employment on construction work.

 

(a) When employed on work located within the county of Cumberland, county of Northumberland or county of Camden - an amount set out in Item 1 of 38.12 per day.

 

(b) When employed on work located within a radius of 50 kilometres from the principle post office in the cities of Penrith, Newcastle, or Campbelltown, and the employers business or branch (other than a construction site) is established in such cities - an amount set out in Item 2 of 38.12 per day.

 

(c) Provided that the allowance shall not be payable to an employee whose regular place of employment is a carpentry or joinery shop or painting shop or signwriting shop, except when an employee is required to commence work away from the regular place of employment.

 

38.2 Distant jobs - The allowances prescribed in 38.1 hereof shall be paid to employees employed on a distant job (as defined in clause 5.8 of this award), when the work is performed within a 50 kilometre radius from the place where, with the employer’s approval, the employee is accommodated for the distant job

 

38.3 Country radial areas -

 

38.3.1 An employer whose business or branch or section thereof (for the purpose of engagement) is established in any place (other than on a construction site) outside the areas mentioned in 38.1 hereof, shall pay their employees the allowances prescribed in 38.1 hereof for work located within a radius of 50 kilometres from the post office nearest the establishment.

 

38.3.2 Where the employer has an establishment in more than one such place, the establishment nearest the employee’s nominated address shall be used, and employees shall be entitled to the provisions of 38.4 hereof when travelling to a job outside such radial area.

 

38.4 Travelling outside radial areas -

 

38.4.1 Where an employee travels daily from inside any radial or county area mentioned in 38.1, 38.2 and 38.3 hereof to a job outside that area, the employee shall be paid:

 

(a) the allowance prescribed in 38.1, 38.2 or 38.3 hereof;

 

(b) in respect of travel from the designated boundary to the job and return to that boundary:

 

the time outside ordinary working hours reasonably spent in such travel, calculated at ordinary hourly "on site" rates to the next quarter of an hour with a minimum payment of one half an hour per day for each return journey;

 

any expenses necessarily and reasonably incurred in such travel, which shall be an amount set out in Item 3 of 38.12 per kilometre where the employee uses their own vehicle.

 

38.4.2 Residing outside radial areas - An employee whose residence is outside the radial areas prescribed herein shall be entitled to the provisions of 38.4.1(a) hereof, but not 38.4.1(b) hereof.

 

38.5 Travelling between radial areas -

 

38.5.1 The provisions of 38.4 hereof shall apply to an employee who is required by the employer to travel daily from one of those areas mentioned in 38.1 and 38.3 hereof to an area, or another area, mentioned in 38.1 or 38.3 hereof.

 

38.5.2 Provided that employees in New South Wales who are travelling between radial areas shall not receive any payments for time and expenses as prescribed in 38.4.1(b) hereof unless the employer directs that the employee does so travel as a specific condition of employment.

 

38.6 Provision of transport

 

38.6.1 Subject to 38.6.2, 38.6.3 and 38.6.4 hereof the allowance prescribed in this clause, (except the additional payment prescribed in 38.4 and 38.5 hereof) shall not be payable on any day on which the employer provides or offers to provide transport free of charge from the employee’s home to the place of work and return.

 

38.6.2 The allowance prescribed in this clause shall be payable on any day for which the employer provides a vehicle free of charge to the employee and the employee is required by the employer to drive such vehicle from the employee’s home to the place of work and return.

 

38.6.3 Time spent by an employee travelling from the employee’s home to the place of work and return outside ordinary hours shall not be regarded as time worked for any purpose of this award and no travelling time payment shall be made except to the extent provided in and in accordance with 38.4 and 38.5 hereof and 37.4 and 29.2 of this award.

 

38.6.4 Provided that 38.6.2 and 38.6.3 hereof shall have no application in the case of an employee directed by the employer to pick up and/or return other employees to their homes. Such an employee shall be paid as though the time taken was worked, but no allowance shall be paid.

 

38.7 Requirements to transfer

 

As required by the employer, employees shall start and cease work on the job at the usual commencing and finishing times within which ordinary hours may be worked and shall transfer from site to site as directed by the employer.

 

38.8 Transfer during working hours -

 

38.8.1 An employee transferred from one site to another during working hours shall be paid for the time occupied in travelling and, unless transported by the employer, shall be paid reasonable cost of fares by the most convenient public transport between such sites.

 

38.8.2 Provided that where an employee agrees to their employer’s request to use the employee’s own car for such a transfer, the employee shall be paid an allowance at an amount set out in Item 4 of 38.12 per kilometre.

 

38.9 Daily entitlement -

 

38.9.1 The travelling allowances prescribed in this clause shall not be taken in to account in calculating overtime, penalty rates, annual or sick leave, but shall be payable for any day upon which the employee in accordance with the employer’s requirements works or reports for work or allocation of work and for the rostered day off as prescribed in subclauses 27.1 and 30.9 of this award. The allowances shall however be taken into account when calculating the annual leave loading.

 

38.9.2 Subject to the foregoing provisions a fare shall be deemed to have been incurred if the employee has used a bicycle or other means of locomotion or has walked instead of using a public conveyance.

 

38.10 New South Wales fares and district boundaries - The boundaries for the purposes of 38.1.4(a) hereof are as follows:

 

38.10.1 Boundary of the County of Cumberland - Pacific Ocean, Hawkesbury River, Nepean River, Cataract River, Cataract Creek and Woodlands Creek.

 

38.10.2 Boundary of the County of Camden - Woodlands Creek, Cataract Creek, Cataract River, Nepean River, Warragamba River, Wollondilly River, Uringalla Creek, Joarimina Creek, Shoalhaven River and Pacific Ocean.

 

38.10.3 Boundaries of the Counties of Northumberland and Camden and Cumberland - The areas bounded by the intersecting points of the Pacific Ocean, Hunter River (including Fullerton Cove and the North Channel), Wollombi Brook, Parsons Creek, Darkey Creek, Howes Valley Creek, Macdonald River, Hawkesbury River, Nepean River, Warragamba River, Wollondilly River, Uringalla Creek, Barkers Creek, Joarimina Creek, and the Shoalhaven River.

 

NOTE: See also Appendix C for county boundaries.

 

38.11 Apprentices -

 

38.11.1 The following fares allowance and travelling allowance shall apply to carpenters’, joiners’, bricklayers’, painters’, plasterers’, slaters’, roof tilers’, stonemasons’ and tilelayers’ apprentices employed under the terms and conditions of this award for travel patterns and costs peculiar to the industry, which include mobility requirements on employees and the nature of employment on construction work:

 

When employed on work located within the counties of Cumberland, Northumberland or Camden - an amount set out in Item 5 of 38.12

 

38.11.2 Apprentices at a Master Builders’ Association of New South Wales off-the-job training school shall not be paid any allowance in accordance with this clause unless such an apprentice is required to commence work away from the regular training school.

 

38.11.3 Civil Engineering Carpenter apprentices shall receive the full entitlement as prescribed in 38.1, 38.2 and 38.3.

 

38.12 Table of Fares and Travel Patterns Allowances

 

Item No.

Clause No.

Description

Amount $

1

38.1.1(a)

Fares within the counties

12.60p/d

2

38.1.1(b)

Fares within a 50 kilometre radius

12.60 p/d

3

38.4.1(b)

Use of own vehicle outside radial ares

0.37 p/km

4

38.8.2

Use of own vehicle transferring between sites

0.69 p/km

5

38.11.1

Apprentices fares

 

 

 

1st year

11.80 p/d

 

 

2nd year

12.25 p/d

 

 

3rd year

12.30 p/d

 

 

4th year

12.50 p/d

 

 

Part 9 - Training And Related Matters

 

39. Special Provisions Relating To Apprentices

 

Occupational Health and Safety (Manual Handling) Regulation 1991 under the Occupational Health and Safety Act 1983 adopts the National Standard for Manual Handling published in February 1990. The standard is the subject of a declaration by the National Occupational Health and Safety Commission under section 38 (1) of the National Occupational Health and Safety Commission Act 1985 of the Commonwealth. The regulation prescribes methods of safe manual handling.

 

39.1 Limitation of Overtime -

 

(i) No apprentice under the age of 18 years shall be required to work overtime unless he/she so desires.

 

(ii) No apprentice shall, except in an emergency, work or be required to work overtime at times which would prevent his/her attendance at technical school as required by any statute, award or regulation applicable to him/her.

 

(iii) An apprentice shall not work overtime except under the direction of a tradesperson.

 

39.2 Prohibition of Labouring Work, Etc.

 

(i) An apprentice shall be deemed to be working at the trade when he/she is working in association with a tradesperson upon the material and with the tools of trade usually used by a tradesperson.

 

(ii) An apprentice shall not perform any other work than with the materials and tools of trade usually used by a tradesperson.

 

(iii) An apprentice with less than two years' experience shall not use a swing scaffold or bosun's chair.

 

39.3 Proportion -

 

(i) Proportion of apprentices to tradesperson shall not exceed one apprentice to two tradesperson or fraction thereof. Such proportion is to be calculated on the average number of tradesperson employed for the preceding six calendar months.

 

(ii) If through lack of work the services of a tradesperson must be dispensed with the foregoing proportion shall, as far as possible, be maintained by lessening the number of trainee apprentices employed.

 

(iii) Should the services of a trainee apprentice be dispensed with by an employer through lack of work, such trainee shall have preference of employment with such employer when work is available should the trainee be still unemployed.

 

(iv) This clause shall not affect the proportion of apprentices to tradesperson for whom approval has been granted prior to the operation of this award.

 

39.4 Transport of Apprentice's Tools - Where the apprentice is required to transfer from one job to another an employer shall provide transport for the apprentice's tools to the nearest public conveyance. On termination of employment, the employer shall provide transport for the apprentice's tools to the nearest public conveyance except where the apprentice gives notice in accordance with clause 17, Termination of Employment.

 

39.5 TAFE and Other Approved Training Provider Fees - The fees for attending such school or correspondence class shall be paid by the employer by whom the apprentice is employed. Such fees shall be paid at the beginning of each school year.

 

The obligation of the employer in regard to fees payable in respect of apprentices undergoing study in the certificate, diploma or degree courses shall be limited to those prescribed for the appropriate trade course.

 

Appendix A

 

1. Piecework Rates - Gypsum Plasterboard

 

Nature of Work

Scope

Availability

Rates for fixing and finishing of gypsum plasterboard (based on loaded hourly rate inclusive of fares and 17.5% loading on public holidays additional)

Transport and supply of scaffolding by fixers

Class

Not less

Material

Per sq metre

(a) Where the

1."Cottage

than 62.70

stacked ready

Walls* $

employer and the

Work". Timber

sq meters

to work in

Fixing .798

pieceworker team

ceiling/timber walls. Cover fixing and stopping of 13 mm and 10mm plasterboard to walls and ceilings of cottages having:

 

the immediate proximity on the same floor on which the work is to be done

Stopping 1.10

Total 1.898

Ceiling -

Fixing .798

Stopping 1.23

Total 2.028

agree the rate paid for transport and supply of scaffolding shall be $0.167 per sq metre of wall and ceiling area fixed and stopped:

Not more than1m of wall angle (internal or external angle) to each 3 sq metres of combined wall and ceiling area.

 

 

*Where walls are fully lined in bathrooms, toilets and laundries the fixing rate in these areas shall be $0.9098 per sq metre. Where walls are nailed instead of glued to studs $0.0521 extra for stopping.

Provided that where fixing and stopping are carried out separately $0.095 per sq metre shall be paid for each operation.

 

 

 

Where ceilings are screwed-up by mechanical means, fixing rate is $1.295 per sq metre.

 

 

 

 

Where battens are to be fixed:

 

 

 

 

38.1mm x 25.4mm) $.0649 per 50.8mm x 25.4mm) sq metre

 

 

 

 

50.8mm x 38.1mm) $1.094 per

 

 

 

 

50.8mm x 50.8mm) sq metre

 

 

 

 

 

 

(a) More than

Less than

 

 

 

1m of wall

62.70 sq

 

 

 

angle (internal

metres plus

 

 

 

or external

50 per cent

 

 

 

angle) to each

minimum

 

 

 

3 sq metres of

loading

 

 

 

combined wall

 

 

 

 

and ceiling area

 

 

 

 

- 125.9 cents

 

 

 

 

per metre for

 

 

 

 

excess

 

 

 

 

measurement

 

 

 

 

Not more than

 

 

 

 

two (2) vent

 

 

 

 

faces to every

 

 

 

 

20 sq metres of

 

 

 

 

combined wall

 

 

 

 

and ceiling

 

 

 

 

area.

 

 

 

 

More than two

 

 

Where metal furring channels

 

(2) vents -

 

 

are used with direct fixing clips:

 

151.7 cents per

 

 

$0.654 per sq metre.

 

vent extra. All

 

 

 

 

fixed direct to

 

 

 

 

studs or joists.

 

 

 

 

Includes all

 

 

 

 

stopping and

 

 

 

 

fixing complete

 

 

 

 

with nails and

 

 

 

 

joints and wall

 

 

 

 

angles. Allows

 

 

 

 

for ceiling and

 

 

 

 

vertical walls

 

 

 

 

up to and

 

 

 

 

including

 

 

 

 

2700mm high.

 

 

 

 

 

 

 

 

 

All areas to be

 

 

 

 

measured net

 

 

 

 

as fixed except

 

 

 

 

that openings

 

 

 

 

under 1100 sq

 

 

 

 

metres are not

 

 

 

 

deductable.

 

 

 

 

All fixing and

 

 

 

 

stopping to be

 

 

 

 

in accordance

 

 

 

 

with

 

 

 

 

manufacturer's

 

 

 

 

specification.

 

 

 

 

Setting of

 

 

 

 

angles between

 

 

 

 

wall and

 

 

 

 

ceiling is

 

 

 

 

excluded.

 

 

 

 

Where battens

 

 

 

 

are to be fixed,

 

 

 

 

see special

 

 

 

 

rates in fourth

 

 

 

 

column. Setting

 

 

 

 

of internal and

 

 

 

 

external angles

 

 

 

 

on exposed

 

 

 

 

beams and

 

 

 

 

bulkheads

 

 

 

 

excluded (see

 

 

 

 

fourth column)

 

 

 

 

(b) Finishing

 

 

 

(b) where finishing

around perimeter of ceiling of Class1 work.

 

 

 

out as a separate operation the rate for transport and supply of scaffolding shall be $0.095 per metre

(1) Setting angle between wall and ceiling of Class 1 work.

 

 

(1) 1.792 cents per metre

 

(2) fixing and stopping paper covered plaster cornice to ceiling of Class 1.

 

 

(2) 1.240 cents per metre

 

(c) Class 1(A) "Cottage Work". Timber ceiling/timber walls. Cottage work all as above except that ceilings are more than 2700mm high. In a cottage wholly or partly subject to Class 1(A) rates the

Total area not less than 62.70 sq metres

Less than 62.70 sq metres plus 50 per cent minimum loading.

Material to be stacked ready to work in the immediate proximity on the same floor on which the work is to be done.

Rate per sq metre in cents.

Fix Stop Total

Cents Cents Cents

Over 2700mm

up to 3000mm -

Walls… .913 1.216

2.129

Ceilings... .913 1.356

2.269

Over 3000mm

up to 3300mm -

Walls... 1.185 1.408

2.593

As per paragraph (a) above.

following

 

 

Ceilings 1.185 1.529

 

formula shall

 

 

2.714

 

apply for the

 

 

Over 3300mm

 

determination

 

 

up to 3600mm-

 

of the

 

 

Walls... 1.428 1.598

 

appropriate

 

 

3.026

 

rate:

 

 

Ceilings... 1.428 1.737

 

Those ceilings

 

 

3.165

 

with a

 

 

Over 3600mm

 

maximum

 

 

up to 3900mm -

 

height of 2700mm

 

 

Walls... 1.684 1.792

 

or less and

 

 

3.476

 

also those walls

 

 

Ceiling... 1.684 1.927

 

with a

 

 

3.611

 

maximum

 

 

Over 3900mm

 

height of

 

 

up to 4200mm -

 

2700mm or

 

 

Walls... 1.948 1.981

 

less shall be

 

 

3.929

 

paid at the

 

 

Ceilings... 1.948 2.105

 

Class 1(A) rate,

 

 

4.053

 

listed in

 

 

Over 4200mm

 

column 4,

 

 

up to 4500mm -

 

which

 

 

Walls... 2.197 2.203

 

corresponds

 

 

4.400

 

with the mean

 

 

Ceilings... 2.197 2.321

 

average height

 

 

4.518

 

of all ceilings

 

 

 

 

having a

 

 

 

 

maximum

 

 

 

 

height over

 

 

 

 

2700 mm (eg if

 

 

 

 

the maximum

 

 

 

 

height of the

 

 

 

 

highest ceiling

 

 

 

 

is 4500mm and

 

 

 

 

the lowest

 

 

 

 

height of a

 

 

 

 

ceiling is

 

 

 

 

2400mm the

 

 

 

 

mean average

 

 

 

 

for the Class

 

 

 

 

1(A) portion of

 

 

 

 

the cottage is

 

 

 

 

the half-way

 

 

 

 

point between

 

 

 

 

2400mm and

 

 

 

 

4500mm: ie

 

 

 

 

3450mm;

 

 

 

 

consequently

 

 

 

 

the "over

 

 

 

 

3300mm up to

 

 

 

 

3600mm"

 

 

 

 

ceiling rate

 

 

 

 

listed in

 

 

 

 

column 4 shall

 

 

 

 

be paid for all

 

 

 

 

ceiling in the

 

 

 

 

cottage having

 

 

 

 

a maximum

 

 

 

 

height of more

 

 

 

 

than 2700mm).

 

 

 

 

Similarly, the

 

 

 

 

mean average

 

 

 

 

of the lowest

 

 

 

 

height of walls

 

 

 

 

over 2700mm

 

 

 

 

and the highest

 

 

 

 

wall in the

 

 

 

 

cottage

 

 

 

 

determine the

 

 

 

 

wall rate for

 

 

 

 

Class 1(A)

 

 

 

 

portion of the

 

 

 

 

cottage.

 

 

 

 

(d) Finishing

 

 

 

As per above.

around

 

 

 

paragraph (a)

perimeter of

 

 

 

 

ceilings of

 

 

 

 

Class 1(A)

 

 

 

 

work.

 

 

 

 

(1) Setting

 

 

(1) 1.952 cents per metre

 

angle between

 

 

 

 

wall and

 

 

 

 

ceiling of class

 

 

(2) 1.607 cents per metre

 

1(A) work.

 

 

 

 

(2) Fixing and

 

 

 

 

stopping

 

 

 

 

papercovered

 

 

 

 

plaster cornice.

 

 

 

 

(e) Class 2.

Not less

Material

Fixing - 1.042 cents per sq

As per

"Cottage

than 41.80

stacked ready

metre.

paragraph (a)

Work".

sq metres

to work in

Stopping - 1.719 cents per sq

above.

Ceilings only.

(Less than

the

metre.

 

Covers fixing

41.80 sq

immediate

Total - 2.751 cents per sq metre.

 

and stopping

metres plus

proximity on

 

 

13mm and

50 per cent

the same

 

 

10mm

minimum

floor on

 

 

plasterboard

loading).

which the

 

 

fixed direct to

 

work is to be

 

 

joists, ceilings

 

done.

 

 

up to and

 

 

 

 

including

 

 

 

 

3000mm.

 

 

 

 

Setting of

 

 

 

 

angles between

 

 

 

 

walls and

 

 

 

 

ceiling

 

 

 

 

excluded.

 

 

 

 

Fixing of

 

 

 

 

battens

 

 

 

 

excluded.

 

 

 

 

(Where battens

 

 

 

 

are to be fixed,

 

 

 

 

see special

 

 

 

 

rates in fourth

 

 

 

 

column of

 

 

 

 

Class 1).

 

 

 

 

Setting of

 

 

 

 

internal and

 

 

 

 

external angles

 

 

 

 

on exposed

 

 

 

 

beams

 

 

 

 

bulkheads

 

 

 

 

excluded. (See

 

 

 

 

fourth column

 

 

 

 

of Class 1).

 

 

 

 

(f) Finishing

 

 

 

As per

around

 

 

 

paragraph (a)

perimeter of

 

 

 

above.

ceilings of

 

 

 

 

Class 2 work.

 

 

 

 

(1) Setting

 

 

(1) 1.792 cents per metre

 

angle between

 

 

 

 

wall and

 

 

 

 

ceiling of Class

 

 

 

 

2 work.

 

 

(2) 1.240 cents per metre

 

(2) Fixing and

 

 

 

 

stopping

 

 

 

 

papercovered

 

 

 

 

plaster cornice

 

 

 

 

to ceiling of

 

 

 

 

Class 2.

 

 

 

 

(g) Class 2(A)

Not less

Material

Rate per sq metre in cents.

 

"Cottage

than 41.80

stacked ready

Fix Stop Total

 

Work".

sq metres

to work in

Cents Cents

 

Ceilings only.

(Less than

the

Cents

 

Cottage work,

41.80 sq

immediate

Over 3000mm

 

all as above in

metres plus

proximity on

up to 3300mm - 1.290 1.887

 

Class 2 except

50 per cent

the same

3.177

 

that ceilings are

minimum

floor on

Over 3300mm

 

more than

loading).

which the

up to 3600mm - 1.525 2.090

 

3000mm high.

 

work is to be

3.615

 

In a cottage

 

done.

Over 3600mm

 

wholly or

 

 

up to 3900mm - 1.793 2.275

 

partly subject

 

 

4.068

 

to Class 2(A)

 

 

Over 3900mm

 

rates the

 

 

up to 4200mm - 2.059 2.462

 

following

 

 

4.521

 

formula shall

 

 

Over 4200mm

 

apply for the

 

 

up to 4500mm - 2.315 2.660

 

determination

 

 

4.975

 

of the

 

 

 

 

appropriate

 

 

 

 

rate:

 

 

 

 

Those ceilings

 

 

 

 

with a

 

 

 

 

maximum

 

 

 

 

height of 3000

 

 

 

 

mm or less

 

 

 

 

shall be subject

 

 

 

 

to that Class

 

 

 

 

2(A) rate, listed

 

 

 

 

in column 4

 

 

 

 

which

 

 

 

 

corresponds

 

 

 

 

with the mean

 

 

 

 

average height

 

 

 

 

of all ceilings

 

 

 

 

having a

 

 

 

 

maximum

 

 

 

 

height of over

 

 

 

 

3000mm (e.g.

 

 

 

 

if the

 

 

 

 

maximum

 

 

 

 

height of the

 

 

 

 

highest ceiling

 

 

 

 

is 4500mm and

 

 

 

 

the lowest