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)
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Before the Honourable
Justice Walton, Vice-President
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15 March and 10 April 2001
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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
|
|
|
|
|
|
height of a
|
|
|
|
|
|
ceiling is
|
|
|
|
|
|
2400mm the
|
|
|
|
|
|
mean average
|
|
|
|
|
|
for Class 2(A)
|
|
|
|
|
|
portion of the
|
|
|
|
|
|
cottage is the
|
|
|
|
|
|
half-way point
|
|
|
|
|
|
between
|
|
|
|
|
|
2400mm and
|
|
|
|
|
|
4500mm; i.e.
|
|
|
|
|
|
3450mm,
|
|
|
|
|
|
consequently
|
|
|
|
|
|
the over 3300
|
|
|
|
|
|
mm up to
|
|
|
|
|
|
3600mm rate,
|
|
|
|
|
|
listed in
|
|
|
|
|
|
column 4 shall
|
|
|
|
|
|
be paid for all
|
|
|
|
|
|
ceilings in the
|
|
|
|
|
|
cottage having
|
|
|
|
|
|
a maximum
|
|
|
|
|
|
height of more
|
|
|
|
|
|
than 3000mm).
|
|
|
|
|
|
(h) Finishing
|
|
|
|
As per
|
|
around
|
|
|
|
paragraph (a)
|
|
perimeter of
|
|
|
|
above.
|
|
ceilings of
|
|
|
(1) 1.943 cents per metre.
|
|
|
Class 2(A)
|
|
|
|
|
|
work.
|
|
|
|
|
|
(1) Setting
|
|
|
(2) 1.599 cents
per metre.
|
|
|
angle between
|
|
|
|
|
|
wall and
|
|
|
|
|
|
ceiling of Class
|
|
|
|
|
|
2(A) work.
|
|
|
|
|
|
(2) Fixing and
|
|
|
|
|
|
stopping
|
|
|
|
|
|
papercovered
|
|
|
|
|
|
plaster cornice
|
|
|
|
|
|
to ceiling of
|
|
|
|
|
|
Class 2(A)
|
|
|
|
|
|
work.
|
|
|
|
|
|
(i) Class 3,
|
One or
|
Material
|
Rate per sq metre.
|
|
|
"Home Unit
|
more flats.
|
stacked ready
|
Fix Stop
|
|
|
Work". Fire
|
|
to work in
|
Total
|
|
|
rated ceilings
|
|
the
|
Cents Cents
|
|
|
(one hour fire
|
|
immediate
|
Cents
|
|
|
rated installed
|
|
proximity on
|
2 X 15mm P/b
6.07 2.234
|
|
|
in accordance
|
|
the same
|
8.304
|
|
|
with
|
|
floor on
|
2 X 13mm P/b
3.505 2.234
|
|
|
manufacturer's
|
|
which the
|
5.739
|
|
|
specifications).
|
|
work is to be
|
2 X 15mm Plasterboard
|
|
|
Rates include
|
|
done.
|
screwed-up to furring channels:
|
|
|
back-blocking.
|
|
|
Fixing
|
|
|
|
|
|
furring
fixing
|
|
|
|
|
|
channels
P/board Stop
|
|
|
|
|
|
Total
|
|
|
|
|
|
cents
cents cents
|
|
|
|
|
|
cents
|
|
|
|
|
|
.649
7.083 2.234
|
|
|
|
|
|
9.966
|
|
|
|
|
|
One layer of plasterboard and
|
|
|
|
|
|
wire made ready for spraying:
|
|
|
|
|
|
Fixing
Fixing Back
|
|
|
|
|
|
P/Board
Wire blocking
|
|
|
|
|
|
16mm
16mm 16mm
|
|
|
|
|
|
Total
|
|
|
|
|
|
cents
cents cents
|
|
|
|
|
|
cents
|
|
|
|
|
|
3.023
4.427 .316
|
|
|
|
|
|
7.766
|
|
|
|
|
|
13mm
13mm 13mm
|
|
|
|
|
|
13mm
|
|
|
|
|
|
cents
cents cents
|
|
|
|
|
|
cents
|
|
|
|
|
|
1.739
4.427 .316
|
|
|
|
|
|
4.682
|
|
|
|
|
|
|
|
|
(h) Perimeter
|
|
|
|
Scaffolding
|
|
finishing
|
|
|
|
allowed
|
|
around fire-
|
|
|
(1) .538 cents per metre. 18 X
|
in metre price.
|
|
rated ceilings.
|
|
|
31.75 mm in plaster.
|
|
|
(1) Stopping in
|
|
|
|
|
|
31.75mm
|
|
|
|
|
|
vermiculite
|
|
|
(2) 1.443 cents
per metre.
|
|
|
mixture of
|
|
|
|
|
|
manufacturer's
|
|
|
|
|
|
specifications.
|
|
|
|
|
|
(2) Fixing
|
|
|
|
|
|
paper covered
|
|
|
|
|
|
plaster cornice
|
|
|
|
|
1. Where
bathrooms, toilets and laundries are fully lined - fixing rate cents per square
metre - 90.98 cents.
2. Scaffolding
allowance will be called "transport and supply of scaffolding" up to
914.4 mm high - New rate - 16.7 cents per square metre.
3. Where
ceilings are screwed up by mechanical means fixing rate per square metre -
129.5 cents.
4. Where battens
are used:
- fixing rate
38.6 mm x 25.4 mm and 50.8 mm x 25.4 mm - 64.9 cents per square metre.
- fixing
rate 50.8 mm x 38.6 mm and 50.8 mm
x 50.8 mm - $1.094 cents per
square metre.
5. Where metal
channels are used with direct fixing clips fixing rate per square metre - 65.4
cents.
6. Where fixing
and stopping of walls and ceilings are carried out by separate fixers the
supply of scaffold rate is 9.3 cents per square metre each set.
7. Where
finishing around perimeter of ceiling is carried out as a separate operation
the supply and transport of scaffold
rate per metre run is 9.5 cents.
8. Where
internal or external wall angles exceed .36 metres to each square metre of combined wall and ceiling area,
rate for fixing and finishing $1.448 per metre for excess measurement.
9. Where vent
faces exceed 2 vent faces for each 16.7 square metres of combined wall and ceiling
area rate for each
extra vent 17.3 cents.
10. Where walls
are nailed instead of glued to studs 5.21 cents extra for stopping.
11. Beams and
bulkheads internal and external setting
- 172.7 cents per metre.
NOTE - Application - above award rates only apply to
domestic construction. Commercial and other work fixers shall be paid on the hourly rate basis. Outlined is
the explanation and nature of the various categories of the piecework
schedule.
Class 1 - "Cottage
Work". Timber Walls and
Ceilings - Covers fixing and stopping of 10 mm x 13 mm Plasterboard to walls and ceilings of cottage having not
more than 1 metre of wall angle (internal or external angle) to each three m2
of combined wall and ceiling area. Not
more than two vent faces to every 20 m2 of combined wall and ceiling area. All fixed to studs or joists includes all
stopping and fixing complete with nails
and joints and wall angles. Allows for
ceilings and vertical walls up to and including 2 700 mm high. All areas to be measured.
Availability - Materials stacked ready to work in the immediate proximity on the same floor on which the work is to be
done.
Class 1A - "Cottage Work". Timber Walls and Ceilings - Cottage work all
as above except that ceilings are more
than 2 700 mm high. In a cottage wholly or partly subject to
Class 1 (A) rates the following formula shall apply for the determination of
the appropriate rate. Those ceilings with a maximum height of
2 700 mm or less and also those walls with a maximum height of 2
700 mm or less shall be paid at Class 1 rates.
All other ceilings shall be
subject to the Class 1 (A) rate
which corresponds with the mean average height of over 2 700 mm, e.g., if the maximum height of the
ceiling is 4 500 mm and the lowest
height of a ceiling is 2 400 mm the mean average for a Class 1A portion of the cottage is the halfway point between 2 400 mm and 4 500 mm, i.e., 3 450 mm, consequently,
the "over 3 300 mm up to 3 650
mm" ceiling rate shall be paid for all ceiling in the "over 3 300 mm up to 3 650 mm" ceiling rate
shall be paid for all ceilings in the cottage
having a maximum height of more
than 2 700 mm. Similarly the mean average of the
lowest height of walls over 3 700 mm
and the highest wall in the cottage
shall determine the wall rates for Class 1A portion of the cottage.
Availability - Material stacked ready to work in the
immediate proximity or the same floor on which the work is to be done.
Class 2 - "Cottage Work". Ceilings only - Covers fixing and stopping 13mm x 10 mm plasterboard fixed direct to joists. Ceilings up to and including 3 000 mm
setting of angles between wall and ceiling excluded. Fixing of battens excluded
(where battens are fixed see additional rates).
Availability - Materials stacked ready to work in the immediate proximity on the same floor on which the work is to be
done.
Class 2A - "Cottage Work". Ceilings only - Cottage work as above in
Class 2 except that ceilings are more than 3 000 mm high. In a cottage
wholly or partly subject to Class 2A rates the following formula shall apply
for the determination of the appropriate rates. Those ceilings with a maximum height of 3 000 mm or less shall
be paid at Class 2 rates. All other ceilings shall be subject to the
Class 2A rate listed which corresponds with the mean average height of all
ceilings having a maximum height of over 3 000 mm (e.g., if the maximum height
of the highest ceiling is 4 500 mm and the lowest height of a ceiling is 2 400
mm the mean average for a Class 2A portion of
the cottage is the halfway point
between 2 400 mm and 4 500 mm, i.e., 3 450 mm), consequently the over 3 300 mm and up to 3 600 mm rate listed shall be paid for all
ceilings in the cottage having a maximum height of more than 3 000 mm.
Availability - Material stacked ready to work in the
immediate proximity on the same floor on which the work is to be done.
Class 3 - "Home Unit
Work" - Fire rated ceilings
(one hour fire rated installed in accordance with
the manufacturers specification), rates include backblocking.
Availability as in all other classes.
2. Gypsum Plasterboard Piecework
(i) Piecework is
prohibited except in respect of persons employed as gypsum plasterboard fixers,
or as provided for in appendices B and D of this award.
(ii) (a) In respect of persons employed as gypsum plasterboard fixers, an
employer and an employee shall mutually agree whether the work
to be done shall be executed by hourly work or piecework.
(b) Where a person
employed as a gypsum plasterboard fixer is engaged as an hourly worker no
alteration in the arrangement shall be made for them to be paid at piecework
rates for the duration of the job.
Should piecework rates be adopted or any task be fixed, the employee
shall be classified as a pieceworker and shall be paid according to the
piecework Schedule A to this award for the duration of the job. All
pieceworkers shall be supplied by the employer with a suitable job sheet prior
to the commencement of the job, and shall be signed by the employer and the
pieceworker, as a job record showing the amount of work to be completed and the
address of the place at which it is to be done, the nature of the work and
rates applying. An example of the job sheet is at the rear of this
appendix. A true copy of such job sheet
or record shall be retained by the employer at their place of business, with a
duplicate copy to be held by the pieceworker during the duration of the job for
inspection.
(c) Delays - Should
a pieceworker be delayed for starting, going on with or completing his work by
reason of an insufficient supply of materials necessary, or owing to failure to
supply or make available suitable scaffolding (such suitability to be
determined by the employer, provided that scaffolding shall not be deemed to be
suitable unless it is in accordance with the Construction Safety Act 1912, and the regulations thereunder) they
shall be paid for the time so lost at the hourly rate set out in clause 18.3 of
this award.
(d) Materials -
For all work performed by a pieceworker in getting materials on to the building
site, they shall be paid at ordinary time work rates.
(e) Occupied
Premises - Where work has to be done in houses or buildings which are occupied,
the pieceworker shall be paid for any time lost on account of their being
prevented from starting or ceasing work at the usual time or for their having
to knock off and lose time for any reasonable cause whilst they are working on
such occupied premises, and such payment shall be made on the basis of the
hourly rates set out in clause 18.3. Payment made under this subclause shall be
limited to a maximum of one hour per day; provided that such limitation shall
not apply where the employee has notified the employer within one hour of their
being unable to commence or continue working.
(f) Scaffolding
- All suitable scaffolding shall be supplied on jobs for the use of the
pieceworker to carry out their work, other than as defined in Schedule A Rates.
(g) Rectifying own
Work - Where a pieceworker has to rectify any work deficiency occasioned by
their own handcraft, no additional rates shall be paid and the work of
rectifying deficiencies shall be performed in his own time.
(h) Rectifying
other Work - Where a pieceworker has to rectify under directions from their
employer any fixing destroyed through no fault of their own, they shall be paid
at the hourly rate set out in subclause 18.3, except that this subclause shall
not apply to normal making good after other trades.
(i) Award
Conditions - The conditions of employment generally provided for in this award
shall apply to gypsum plasterboard
fixers, except that the piecework rates contained in Schedule A are
applicable. The piecework rates contained in Schedule A are inclusive of rates
provided in clause 38 Fares and Travel Patterns Allowance, of this award, and
this clause shall not apply to pieceworkers.
(j) Overtime -
Where a pieceworker is instructed by their employer to work outside the
ordinary working hours on Monday to Friday, inclusive, they shall receive
piecework rates in accordance with Schedule A of this award. In addition, they shall be paid penalty wage
rates at half ordinary time rates for the first 2 hours and at single time
rates thereafter, such to be calculated in accordance with clause 18.3 of this
award.
(k) Saturday,
Sunday and Holiday Work - Where a pieceworker is instructed by their employer
to work on Saturdays, Sundays or holidays they shall receive piecework rates in
accordance with Schedule A of this award.
In addition, they shall be paid penalty wage rates at half ordinary time
rates where on Saturday, Sunday and Holidays, of this award, payment is
required to be at time and a half rates and at single time rates where double
time rates apply in the said clause.
Such wage time rates shall be calculated in accordance with subclause
18.3 of this award.
(l) Payment -
Notwithstanding subclause 3.1, Payment of Wages, of this award payment shall be
made to the pieceworkers at the completion of the job; provided that a
pieceworker shall be entitled to one
weekly progress payment.
(m) Apportionment
of Earnings - Subject to subclause (n) of this clause, the piecework earning
payable for a job shall be apportioned equally between the members of the
piecework team employed thereon; except that when apprentice fibrous plaster
and gypsum plasterboard fixers or probationers are employed with pieceworkers
they shall be paid as prescribed in clause 18.3 of this award and such amounts
shall first be deducted from the total piecework payment before apportionment.
Such deduction shall be on the basis of each hour that the apprentice or
probationer remains with the team and shall be calculated as the sum of his
weekly rate of pay and allowances (except Fares and Travel Patterns Allowance)
divided by 38.
(n) Absences, etc.
- In the event of any pieceworker absenting themselves during or not completing
the job for which piecework rates apply, or where a pieceworker commences work
part-way through the duration of the job, they shall be paid at the end of the
job at the piecework rates set out in Schedule A for the proportion of the work
done, and such payment shall then be deducted from the total piecework payment
applying before being paid to the remaining employees in the piecework fixing
team.
(iii) No employee
shall execute any plastering work, fibrous plaster fixing and/or floorlaying
and/or fixing gypsum plasterboard for profit or reward except at the rates and
under the conditions prescribed by this award.
(iv) (a) Notwithstanding anything elsewhere
contained in this award, the operation of section 50 of the Act, is expressly
excluded in relation to the adjustment of rates prescribed by Appendix A.
Upon any fluctuation in the weekly rates of pay assigned to
a gypsum plasterboard fixer in clause 18.3 of this award, piecework rates shall
be adjusted in accordance with the following formula:
(i) The total
increase or decrease in the weekly rate of pay plus a loading of 331/3 per cent
is divided by 278 m2 to determine the variation in the average total rate for
walls and ceilings (in Class 1 work) to three decimal places.
(ii) The total
increase of decrease in the weekly rate of pay plus a loading of 17.5 per cent
of four weeks annual leave, be divided by 278 m2, to determine the variation in
the average total rate for walls and ceilings (in Class 1 work) to three
decimal places.
(iii) The amount
determined in paragraphs (i) and (ii) of these subclauses shall then be
calculated as a percentage (to two decimal places) of the existing total rate
for fixing and stopping Class 1 work.
(iv) The percentage
variation calculated in paragraph (iii) of this subclause shall then be applied
to all piecework rates contained in Appendix A of this award (excluding
deduction for all jobs glued on and transport of scaffolding allowance) and
adjustments made accordingly. Such
calculation shall be computed to the nearest one-tenth of a cent.
(v) Upon any
fluctuation in the weekly rate assigned to a gypsum plasterboard fixer in
clause 5.6 Fares and Travel Patterns Allowance, of this award, the transport
and supply of scaffolding allowance shall be adjusted by dividing the increase
or decrease in the weekly rate of fares by 278 m2 to determine the variation.
Such variation shall be added to the existing rate for transport and supply of
scaffolding allowance.
(b) The norm of
278 square metres referred to in subclause (i) (k) of this Appendix A as being
the average weekly rate for fixing and stopping Class 1 work may be varied by
application by any party to the Industrial Relations Commission consequent upon
any significant change in methods of applying gypsum plasterboard.
For the purpose of this Appendix A the weekly rate assigned
to a gypsum plasterboard fixer shall be deemed to be $399.38 per week.
(c) The rates
and/or prices contained in this Schedule have been increased so as to accord
with the employees performing work under this Schedule for 38 ordinary hours
per week.
JOB SHEET PURSUANT TO APPENDIX A
Piecework
Issued by (Name of Firm) ............................................
............................................
Issued to (Names and Addresses of Fixers) ............................................
............................................
............................................
............................................
This Job Sheet is issued for: Lot ............................................
(Details as per attached Fixing List)
Street ............................................
Suburb ............................................
This Job Sheet covers the following work:
(as per Piecework
Appendix "A" of
Building and Construction Industry
(State) Award)
..................................m2
Class..........................ceilings
at....................................per m2
.................................m2
Class..........................walls
at....................................per m2
..................................mm around perimeter of
ceilings
at.............................per mm
..................................m2 battens
at....................................per m2
Transport of Scaffolding
.....................................m2
at...................................per m2
Total......................................
All extras or deductions to be adjusted.
(Details of extras or deductions ....................$)
Work covered by this Job Sheet to be done as per the
conditions of the Building and Construction Industry (State) Award.
No Overtime to be worked unless authorized below:
(Errors and Omissions excepted)
............................................
Date
.......................................
Signature ............................................
Countersigned as mutual acceptance of above specified job
being carried out at piecework rates and conditions.
........................................................................
........................................................................
........................................................................
(To be signed by firms)
APPENDIX B
Tilelayers Piecework
1.1 Floor Tiling -
Tiles - Mosaic - Ceramic, etc., 38.10 mm x 38.10 mm (11/2
in. x 11/2 in.) To 152.40 mm x 152.40 mm
(6 in. x 6 in.) and larger including round, square, hexagon and other
shapes.
(a) 12 square
metres in area and under - $20.17 per square metre.
(b) Large single
areas such as swimming pools, patios and the like over 12 square metres in area
shall be paid for at the rate of ten per cent less than the above rate.
General to the above -
(a) Where
rosettes, monograms, etc., are inserted or deleted the same shall be paid for
at the hourly rates as set out in clause 18.3 of this award .
(b) All areas in
doorways, porches, verandas or other small areas under 4 square metres shall be
paid for at the hourly rates as set out in subclause 18.3, of this award. This
shall apply to each separate area to be tiled and in no case shall such areas
be added together in measurement to make up or exceed such 4 square metres for
payment at the piecework rates as set out above.
(c) All tiling
shall be laid on properly screeded floors of not more than 25.40 mm from the
finished surface.
(d) Mosaic,
ceramic or other tiling laid on bathroom floors shall be paid for at the rate
set out above with a minimum rate of $68.15 for each floor under 3.30 square
metres provided no other tiling be done in such bathroom.
(e) Where any
class of tiling, as bordering, is laid without the body of the floor being
tiled it shall be paid for at the hourly rates as set out in clause 18.3 of
this award.
1.2 Steptreads,
Step Risers and Step Infills -
(a) Steptreads on
step work - $8.80 per lineal metre.
(b) Steptreads on
straight work - $7.49 per lineal metre.
(c) Step Risers -
(i) 101.60
mm x 101.60 mm (4 in. x 4 in.) tiles:
152.40
mm x 152.40 mm (6 in.
x 6 in.) tiles: 203.20 mm x 101.60 mm
(8 in. x 4 in.) tiles - $6.70 per lineal metre.
(ii) 101.60 mm x
50.80 mm (4 in. x 2 in.) tiles - $13.80 per lineal metre.
(d) Step
infilling, behind treads - $6.71 per lineal metre.
(e) Curved work on
treads, risers or infillings to be paid for at the hourly rate as set out in
clause 18.3 of this award.
1.3 Wall Tiling -
(a) Fixed with
mortar or thick bed adhesive -
(i) 101.60 mm x
101.60 mm (4 in. x 4 in.) tiles: 127 mm x 127 mm (5 in. x 5 in.) tiles: 152.40 mm x 76.20 mm (6 in. x 3 in.) tiles
- $25.46 per square metre.
(ii) 152.40 mm x
152.40 mm (6 in. x 6 in.) tiles - $20.17 per square metre.
(iii) 203.20 mm x
101.60 mm (8 in. x 4 in.) tiles fixed vertically or horizontally - $22.63 per
square metre.
(b) Single wall
areas above 12.5 square metres in area or where the total wall area to be fixed
in any one room exceeds 42 square metres shall be paid for at a rate of 10 per
cent less than the above rates.
Mosaic tiles fixed on vertical surfaces where no rendering
is required:
Bathrooms, shop fronts, office fronts - $24.77 per square
metre. Fixed to circular columns where no rendering is required the minimum
rate of $34.39 per square metre shall be paid.
General to the above -
(a) If tiling be
fixed with diagonal joints it shall be paid for at the rate of $4.17 per square
metre additional to above rates.
(b) Broken spaces
such as kitchen sinks, etc., shall be paid for at the hourly rates set out in
clause 18.3 of this award.
(c) All
architrave treatments, arches, soffits and drops in wall tiling shall be paid for at
the hourly rates as set out in clause 18.3 of this award.
(d) Where the
undermentioned fittings are installed they shall be paid for as follows:
(i) Recessed soap
holders and toilet paper holders - $3.84 each.
(ii) Basins tiled
in - hourly rates, as set out in clause 18.3 of this award.
(iii) All other
fittings except vents - $2.07 each.
(e) If two or more
lines of strips up to 38.10 mm wide (11/2 in.) are inserted they shall be paid for at the rate of $1.04 per metre, in addition to full overall
measurement.
(f) Window sills
where they do not form part of wall tiling up to 152.40 mm (6 in.) deep - $6.40
per lineal metre. Over 152.40 mm to 304.80 mm (12 in.) - $9.60 per lineal
metre.
(g) Cove tiles and
internal cove tiles -
152.40 mm x 25.40 mm (6 in. x 1 in.) and 152.40 mm x 50.80
mm (6 in. x 2 in.) - $3.75 per lineal metre.
152.40 mm x 152.40 mm (6 in. x 6 in.) and 152.40 mm x 101.60
mm (6 in. x 4 in.) - $6.40 per lineal metre.
(h) Skirting Tiles
-
152.40 mm x 152.40 mm (6 in. x 6 in.) and 152.40 mm x 101.60
(6 in. x 4 in.) - $7.00 per lineal
metre.
1.4 Staircase Work
- Staircase work which shall include the landings in all stairways shall be
paid for at the rate of $27.84 per
square metre for 152.40 mm x 152.40 mm (6 in. x 6 in.) tiles and at the rate of
$34.10 per square metre for 101.60 mm x 101.60 mm (4 in. x 4 in.) tiles.
1.5 Shop and Hotel
Fronts - Shop fronts and hotel fronts inclusive of stall boards and piers shall
be paid for at the rate of $27.84 per square metre for 152.40 mm x 152.40 mm (6
in. x 6 in.) tiles and at the rate of $34.10 per square metre for 101.60 mm x
101.60 mm (4 in. x 4 in.) tiles.
1.6 Building of
brickwork for baths and hobs shall be paid for at the hourly rates as set out
in clause 18.3 of this award.
1.7 Open Joints,
etc.:
(a) Where tiles
are laid or fixed in any place whatsoever so as to have open joints between or
around them they shall be paid for at the rate of 16.66 per cent extra above
the rates as set out in this schedule for the laying and fixing of such tiles
this clause not to apply when the tiles are fitted with spacer lugs.
(b) Where
colouring material is used in filling in around or between tiling the same
shall be paid for at the rate of 16.66 per cent extra out in the schedule
above.
1.8 The rates for
any class of work not provided for by this piecework schedule shall be agreed
upon between the employer and the employee. In the event of no agreement being
reached the hourly rate as set out in clause 18.3 of this award, shall apply.
1.9 The
application of section 50 of the Act, in respect of the piecework rates set out
in this schedule, is hereby excluded but the said piecework rates shall be
adjusted to accord with variations in the weekly award for adult males in the
following manner:
The total increase or decrease of the weekly rate of pay of
a tilelayer under the Building and Construction Industry (State) Award plus a
loading of 33.33 per cent together with
a provision for 17.5 per cent annual leave loading, divided by a weekly norm of
26 square metres and expressed as a percentage increase or decrease, as the
case may be, to two decimal places, to determine the variation in the fixing
rate for wall and floor tiles.
2.1 Additional
General Conditions:
When a tilelayer is sent to a job to proceed with work and
he is unable to proceed with such work owing to the job not being sufficiently
advanced for such tilelaying work to be done, he shall be paid for all time
lost on such job at the hourly rate set out in clause 18.3 of this award.
2.2 Should the
tilelayer be delayed from starting, going on with or completing his work by
reason of an insufficient supply of tiles, sand, cement or other materials
necessary or owing to failure to supply or make available suitable scaffolding,
he shall be paid for the time so lost at the hourly rate set out in clause 18.3
2.3 Where work is
situated above or below the ground floor all materials necessary shall be
supplied on such floor ready for the tilelayer to proceed with his work, such
material shall not be set down on any floor at a greater distance than 15
metres from the place where the work is to be done.
2.4 Where work has
to be done in houses or buildings which are in occupation, the tilelayer shall
be paid for any time lost on account of their being prevented from starting or
ceasing work at the usual time, or for their having to knock off and lose time
for any reasonable cause whilst they are working on such occupied premises and
such payment shall be made on the basis of the hourly rates set out in clause
18.3.
2.5 All suitable
scaffolding shall be supplied on all jobs for the use of the tilelayer to carry
out their work.
2.6 Where the
tilelayer has to make good any tiling left out or damaged through no fault of
his own, he shall be paid at the hourly rate set out in clause 18.3.
2.7 Tilelayers
Wall and Roof Slaters and Tilers -
38-Hour Week
An employee performing work and being paid in accordance
with this Schedule shall be given and shall take the 38-hour week, worked as
one paid day off each four week cycle in accordance with clause 27, Hours of
Work.
The paid day off in accordance with clause 27, Hours, of the
award shall be paid for as 7.6 hours at the hourly rate calculated in
accordance with clause 18.3 of the award:
Provided that the daily accrual of .4 of an hour shall be deducted for
each full day an employee is absent, otherwise than in accordance with paid
leave or other provisions of the award or on account of workers' compensation.
Without limiting in any way the foregoing provisions, all
other conditions of employment shall continue to be governed by the provisions
of the award including the consequential changes to those conditions for the
38-hour week.
Appendix C
New South Wales boundaries for the purposes of clauses 25.34
- District Allowances and 38.10 (County Boundaries).
Appendix D
Roof Slaters and Tilers Piecework Rates, etc.
1. Piecework: When employees do tiling on a piecework
basis the following schedule of prices shall apply:
|
|
|
Per square Metre
|
|
1.1-
|
|
$
|
|
(a)
|
Fixing tiles, every second tile wired or nailed, including
cutting
|
3.25
|
|
(b)
|
Fixing concrete tiles with a lap of less than
89 mm (31/2 inches) every second tile wired or
nailed including cutting
|
3.08
|
|
(c)
|
Fixing concrete tiles with a lap of 89 mm (31/2 inches)
or more but not more than 114 mm (41/2 inches) every
second tile wired or nailed including cutting
|
3.25
|
|
|
|
|
|
(d)
|
Fixing concrete tiles with lap of more than 114 mm
(41/2 inches) every second tile wired or nailed including
cutting
|
3.42
|
|
|
|
|
|
1.2
|
Fixing tiles, every tile wired, including cutting
|
0.41
|
|
|
Two storey
|
0.36
|
|
|
Three storey work
|
0.44
|
|
|
Lacing tiles
|
0.84
|
|
|
Fixing felt
|
0.43
|
|
|
Fixing wiring battens - every course
|
0.24
|
|
|
every second course
|
0.09
|
|
|
every third course
|
0.04
|
|
|
|
|
|
|
|
Per metre
|
|
|
|
$
|
|
1.3
|
Ridging
|
3.40
|
|
|
Screwing and pointing to gables
|
2.79
|
|
|
Bedding and pointing to gables
|
4.32
|
|
|
Gables -
|
|
|
|
Single ridging
|
5.62
|
|
|
Double ridging
|
11.17
|
|
|
|
|
|
1.4
|
Wire netting - $0.36 per square metre extra.
|
|
|
|
|
|
|
1.5
|
Roofs of 35 degrees of steeper - 15 per cent extra
|
|
|
|
Roofs of 40 degrees or steeper - 40 per cent extra.
|
|
|
|
Roofs over 45 degrees at a price to be mutually agreed
upon between employer and employee.
|
|
|
|
|
|
|
|
|
|
|
|
|
Per square metre
extra
|
|
|
|
$
|
|
1.6
|
When tiles are worked to a pattern
|
0.36
|
|
|
When hardwood battens are used
|
0.36
|
|
|
When cement and/or concrete tiles are fastened to
|
|
|
|
hardwood battens by nails
|
0.10
|
2. Extra
Conditions Applying to Piecework:
2.1 On a building
of more than one storey if the material is hoisted for the employee and the
employee takes delivery from the tray or rope, as the case may be, in which
materials are lifted the additional allowances for second and third storey work, as provided for by subclause 1.2
of this appendix shall not apply.
2.2 All materials
shall be delivered within 9 metres of the building or an allowance made at a
rate to be agreed upon.
2.3 All upright
work shall be done at a price to be agreed upon by employer and employee.
2.4 When an
employer directs an employee to proceed with work and the employee is unable to
proceed owing to the roof not being sufficiently advanced for tiling, the
employer shall pay for all time lost at hourly rates of pay.
2.5 Should an
employee be delayed from completing his work by reason of insufficient supply
of materials the employer shall pay the hourly rates of pay for loss of time so
incurred plus expenses incurred; provided that payment shall be made only for
work in respect of which the employee has given the employer twenty-four hours
notice that material would be required.
2.6 Where
pieceworkers are required to attend at the employer's yard or place of business
for materials they shall be paid at the hourly rates of pay for the time
occupied by them in travelling between the yard or place of business and the
job in addition to all fares.
2.7 The employee
shall be provided with the following tools: ladder, bucket, shovel, broom and
all scaffolding.
2.8 (a) The application of section 50 of
the Act, in respect of the piecework rates set out in clause 1, Piecework, of
this appendix, is hereby excluded, but the said piecework rates shall adjusted
to accord with variations in the weekly award for adult males in the following
manner: The total increase or decrease
of the weekly rate of pay of a slater and tiler under the Building and
Construction Industry (State) Award shall be expressed as a percentage increase
or decrease, as the case may be, to two decimal places to determine the
variation in the fixing rate of tiling.
(b) The method of
adjustment prescribed in 2.8 (a) of this subclause in relation to the award
wage for time workers is prescribed to affect the intention that the average
weekly earnings of a pieceworker on the basis of the rate of 148.64 square
metres of roofing or production operative at the date of this award shall be
15.5 per cent in excess of the ordinary weekly wage of a time worker.
(c) The piecework
schedule of this appendix shall be increased or decreased to the nearest two
decimal points, where the third decimal point is exactly .5 it shall be
adjusted to the higher second decimal point.
A. See Appendix B,
2.7 Tilelayers Wall and Roof Slaters and Tilers - 38-Hour Week
M. J. WALTON J,
Vice-President
____________________
Printed by the authority of the Industrial Registrar