PUBLIC TRANSPORT CONSTRUCTION AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notices of award review pursuant to
section 19 of the Industrial Relations
Act 1996.
(Nos. IRC 3663, 3664, 3652 and 3668 of 1999)
Before The Honourable Justice Marks
|
23 April 2001
|
REVIEWED AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Classifications
2A Safety Net
Commitments
3. Special
Rates
4. Allowances
5. Hours of
Labour
6. Test of
Working
7. Machine
Work
8. Ventilation
of Workings
9. Wet
Weather
10. Rail and
Sleeper Lifting and Dolly
11. Tools and
Protective Clothing
12. Reporting
for Duty
13. Higher
Duties
14. Overtime
15. Meal
Breaks and Allowances
16. Sick Leave
16A Personal
Carer’s Leave
16B Bereavement
Leave
17. Public
Holidays
17A. Picnic Day
18. Annual
Leave
19. Annual
Holiday Loading
20. Long
Service Leave
21. Change and
Shelter Sheds
22. Tea Break
23. Fares and
Travelling Time
24. Country
Work
25. First-aid
26. Transfers
27. Job
Representative
28. Superannuation
29. Payment of
Wages and Termination of Employment
30. Definitions
31. Redundancy
32. Dispute
and Industrial Grievance Procedure
33. Anti
Discrimination
34. Area,
Incidence and Duration
PART B MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and
Allowances
Part C
Table 1 - Schedule of
Wage Changes
Table 2 - Schedule of
Allowances
2. Classifications
All classifications as set out below will be paid in
accordance with the amount set out in Table 1 - Rates of Pay in Part B,
Monetary Rates of this award.
Classification -
(i) Miscellaneous
Labour:
Construction Worker - Group 1
Adze operator, Auger operator or Saw operator
Axe person
Bridge Carpenter’s Labourer (including demolition work)
Bridge Foundations - labourer engaged in boring for-except
machine operator
Camp and/or amenities attendant, sanitary and/or
garbage labourer
Carpenter’s Labourer
Clerical work-labourer
Compressed and/or mastic asphalt labourer; Caulker;
labourer tarring
Bridge and/or other woodwork
Divers’ Pumper
Fencer
Flagperson
Forest devil - labourer
General labourer - not otherwise classified
Labourer - bending reinforcing steel
Labourer loading, unloading and/or stacking materials
other than cement
Machine Operator’s assistant
Motor and/or pump attendant
Overhead bridges - labourer erecting
Pile driver - top operator
Pile pointer, ringer and/or shoer
Scabbler
Timber worker’s offsider and/or dolly operator
Tipper
Tradesperson’s labourer - on construction work
Security Officer - casual
Construction Worker - Group 2
Barring down labourer
Bricklayer’s labourer
Cement labourer loading, unloading and/or stacking
Crane Chaser
Erector structural steel
Machine drill and/or tool sharpener
Machine Operator and/or pneumatic pick operator and/or
tamper person
Peg placer and/or employee boning
Pipelayer and/or jointer - cast iron or steel,
earthenware, asbestos, etc
Rigger’s assistant and/or hemp rope splicer
Storeperson
Timber worker - Up to 6.09 metres in depth
Construction Worker - Group 3
Auger operator-pneumatic or electrically powered augers
and/or timber boring machines
Concrete Pump Operator
Pile Driver
Scaffolder (certificated)
Timber worker - over 6.09 metres
Wire Rope Splicer (not being a certified rigger)
Construction Worker - Group 4
Dogger
Drainer (as defined)
Pile Driver - loading on sheer legs or pile frames up
to 30 tonnes lift
Rigger (certificated) and wire rope splicer
Construction Worker - Other -
Diver - six hour day
Driver’s Attendant - six hour day
Pile driver - loading on sheer-legs or pile frame over
30 tonnes lift
(ii) Youths -
At 15 years of age
At 16 years of age
At 17 years of age
When such junior employees attain the age of 18 years
they shall be paid the appropriate adult rate of wage.
(iii) Concrete
Construction -
Concrete worker - including floater, form erector
and/or stripper, Jazzer person and/or tamper person, concrete cutting and/or
drilling machine operator, kerb and/or gutter layer
Concrete finisher
Labourer placing and/or tack welding reinforcing steel
Labourer bending reinforcing steel to pattern or plan
Prestressed concrete maker
Pressure, grouter
Pressure grouter’s assistant
Cement gun operator - dry
Cement gun operator - dry - underground
Cement gun operator - wet
Cement gun operator - wet - underground
(iv) Trench Excavation
-
Trench labourer - excavating -
From 1 metre to 3.05 metres deep (when required to use
Pneumatic machines shall be paid at least machine operator’s Rate)
From 3.05 metres to 6.1 metres deep
From 6.1 metres to 12.2 metres deep
(v) Platelaying on
Construction for Live Roads -
Back Bolter
Boxer up
Brakes person, spragger or sprags person
Cutting and/or breaker -rails
Fettler
Heel person
Jack operator - two to be paid alike
Labourer erecting stanchions for overhead wiring
Labourer - Rail pressing
Labourer - Rerailing and/or resleepering
Labourer in straightening gang
Lever operator
Linker-in
Punch operator, hydraulic and/or crow person
Sleeper spacer and squarer
Fastener, fisher up and/or ratchet borer
Lifting ganger’s offsider
Rail Welder’s Assistant
2A. Safety Net
Commitments
(i) The rates of
pay in this award include the adjustments payable under the State Wage Case
2000. These adjustments may be offset against:
(a) any equivalent
overaward payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
3. Special Rates
(i) Employees
working in the open on civil and/or mechanical engineering projects and thereby
being subjected to climatic condition, dust blowing in the wind, drippings,
from newly poured concrete, soppy and muddy conditions, the lack of usual
amenities associated with factory work (e.g, meal rooms, change rooms, lockers,
etc), shall be paid an additional amount per week for all purposes as set out
in Item 2 of Table 2, Other Rates and Allowances of Part B, Monetary Rates.
(ii) An employee
appointed as a leading hand shall be the amount as set out in Item 3 of the
said Table 2 in addition to the rate otherwise prescribed.
4. Allowances
(i) Working in
the Rain - All employees called upon to work in the rain, including tip person
employed in connection with underground work, shall be paid the amount as set
out in Item 4 of the said Table 2 per day, in addition to their ordinary rates,
irrespective of the time worked.
(ii) Wet Places
and Slurry -
(A)
(1) Rail
Infrastructure Corporation shall pay employees working in wet places the amount
as set out in Item 5 of the said Table 2, in addition to their ordinary rates,
irrespective of the time worked.
(2) For the
purpose of this clause a place shall be deemed to be wet when water, other than
rain, is falling so that the clothing of the employee shall be appreciably wet
and/or when the water in the place where the employee is working is sufficient
to saturate the boots of the employee.
(3) In all
underground workings which are wet, waterproof overalls shall be provided by
Rail Infrastructure Corporation, free of charge, if necessary.
(4) When an
employee is required to work in water of a depth of -
(a) Over 45.72
centimetres the employee shall be paid the amount as set out in Item 6 of the
said Table 2 per day extra.
(b) Over 91.44
centimetres the employee shall be paid the amount as set out in Item 6 of the
said Table 2, per day extra.
(B) Where an
employee is called upon to work in slurry the employee shall be paid the amount
as set out in Item 7 of the said Table 2 per hour, in addition to the ordinary
rate, irrespective of the time so worked.
(C) An employee
shall not be entitled to wet pay and slurry pay during the same period of time.
(D) The rate
prescribed in this clause shall not be payable to an employee who is provided
with suitable protective clothing and/or footwear except when working in slurry
(iii) Distant
Places and Isolation Allowances - Employees, working west of straight lines
drawn from Tocumwal to Berrigan, Berrigan to Narrandera, Narrandera to
Gunningbland, Gunningbland to Dubbo, Dubbo to Coonabarabran, Coonabarabran to
Gap, Gap to Kaloona (excepting the Tamworth to Barraba line), and on the North
Coast Lines, between Glenreagh and Murwillumbah, including the line Kyogle to
Richmond Gap, shall be paid, as a climatic allowance, the amount as set out in
Item 8 of the said Table 2 per day in addition to their ordinary rates.
(iv) Height Money -
(a) Employees
working on any structure of more than 9.144 metres where an adequate fixed
support not less than 76.2 centimetres wide is not provided, shall be paid the
amount as set out in Item 9 of the said Table 2 per hour in addition to their
ordinary rates.
5. Hours of
Labour
(i)
(a) Except as
provided elsewhere in this award the ordinary working hours shall be 38 per
week and shall be worked in accord with the following provisions for a four
week work cycle:
The ordinary working hours shall be worked as a
twenty-day four-week cycle Monday to Friday inclusive with nineteen working
days of eight hours each between the hours of 7.00am and 5.00pm, with 0.4 of
one hour on each day worked accruing as an entitlement to take the fourth
Monday in each cycle as a day off paid for as though worked: Provided that where the majority of
employees on any particular section of work agree, and the employer or
employer’s representative agrees, an alternative day in the four-week cycle may
be substituted for the fourth Monday as the day off paid as though worked, and
where such agreement is reached all provisions of this award shall apply as if
such day was the prescribed fourth Monday:
Provided further that where such agreement is reached an alternative day
in the four-week cycle shall apply subject to the following procedure being
observed.
(i) Within 24
hours of the employer obtaining agreement with the employees, the employer
shall notify in writing, the union as to the existence of the agreement between
the employer and the majority of employees for an alternative day in the
four-week cycle.
(ii) A period of
five working days shall be allowed to pass from the day on which the employer
informs the union, before the agreement is implemented.
(iii) Such an
agreement shall be put into effect after the passage of the five-day period of
notice unless a party to the award, notified in accordance with the above
provision, notifies the matter to the Industrial Commission of New South Wales,
in which event the agreement shall not be implemented until a final decision is
made by the Industrial Commission of New South Wales, pursuant to the Industrial Relations Act (NSW) 1996.
The ordinary working hours of employees who are called
upon to work afternoon and/or night shifts shall be as arranged by the
employer, in accordance with subclause (ii), Shift work of this clause.
(b) Where such
rostered day off falls on a public holiday, the next working day shall be taken
in lieu unless an alternate day in that four-week cycle or the next is agreed.
(c) Each day of
paid leave taken and any public holidays occurring during any cycle of four
weeks shall be regarded as a day worked for accrual purposes. The period of
annual leave is inclusive of non-working days and, subject to all other
provisions, an employee shall be entitled to a maximum of twelve rostered days
off in a calendar year, except where an employee does not take annual leave in
that calendar year.
(d) An employee
who has not worked, or is not regarded by reason of paragraph (c) of this
subclause as having worked, a complete four-week cycle shall receive pro rata
accrued entitlements for each day worked (or each fraction of a day worked) or
regarded as having been worked in such cycle, payable for the rostered day off
or, in the case of termination of employment, on termination.
(e) The accrued
rostered day off prescribed in paragraphs (a) and (b) of this subclause shall
be taken as a paid day off provided that the day may be worked where that is
required by the employer and such work is necessary to allow other employees to
be employed productively or to carry out maintenance outside ordinary working
hours or because of unforeseen delays to a particular project or a section of
it or for other reasons arising from unforeseen 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, the employee shall take one paid day
off within ten working days of the accrued rostered day off and the employee
shall be paid for the day worked at the rates prescribed for Saturday work in
Clause 14, Overtime, of this award. Provided that this payment only applies
when an employee required to work on an accrued day off, is given less than 24
hours’ notice of being required to so work.
(f) Where the
ordinary hours of work of employees are fixed at thirty-six hours per week,
such hours shall be worked in not more than seven hours twelve minutes per day,
Monday to Friday, inclusive, between the hours of 7.30am and 4.00pm.
(g) A majority of
the employees concerned and the employer may mutually agree upon a starting and
ceasing time between the prescribed hours. Notwithstanding anything contained
in this subclause the time worked each day and the times of commencing and
ceasing work on any particular section of work may be varied by agreement
between a majority of the employees and the employer subject to a limit of nine
hours maximum in any one day and eighty hours each fortnight, for the purpose
of enabling employees to cease work early to make connection with transport.
(h) Employees
other than shift workers shall be entitled to a meal break each day of not less
than 30 minutes in duration and not more than one hour in duration; provided
that the said meal break shall be taken between 11.30 am and 1.30 pm and such
meal break shall not count as time worked.
(i) Machine
operators and pneumatic pick operators and any other employee whose work
entails getting wet shall be allowed five minutes immediately before ordinary
ceasing time for the purpose of washing and for changing their clothes.
(j) The hourly
rates for underground workers are based on a thirty-eight hour week; when a
week of less than thirty-eight hours is prescribed the hourly rate shall be
increased proportionately.
(ii) Shift Work -
Where it is necessary that work be performed in shifts the following conditions
shall apply:
(a) If two shifts
are worked they shall be worked between the hours of 6.00 am and midnight or
between the hours to be fixed by agreement between the employer and the
majority of the employees concerned. If
three shifts are worked, the third (night) shift shall be of seven hours
seventeen minutes duration and shall be paid for at the rate of time and
one-quarter.
(b) Where
employees are required to work on a shift not worked on a two-or-three-shift
system, which commences at or after 8.00 pm and which finishes at or before
6.00 am such shift shall be of no longer duration than eight hours and shall be
paid for at the rate of time and one-half.
(c) Where the
arrangement for working shifts provides for shifts on less that five continuous
working days then overtime rates shall be applicable; provided also that in
cases where less than a full week is worked due to the action of the employee
then in such cases the rate payable for the actual time worked shall be
ordinary shift rates.
(d) When working
shifts exceed four hours, crib time amounting to thirty minutes shall be
allowed and shall be paid for on each shift.
(e) An employee
shall be given at least 48 hours’ notice of a requirement to work shift work.
(f) Notice of any
alteration to shift hours shall be given to the employee not later than ceasing
time of the previous shift.
(g) Work in excess
of shift hours, Monday to Friday, other than holidays shall be paid for at
double time provided that these rates shall be based in each case on ordinary
rates.
(h) Shift work
hours shall be worked between Monday to Friday, inclusive. Time worked on a Saturday, Sunday or a public
holiday shall be paid for at overtime rates provided that on ordinary night
shift commencing before, and extending beyond midnight Friday, shall be
regarded as a Friday shift.
(i) No employee
who is employed during ordinary working hours shall be employed on afternoon or
night shifts except at overtime rates.
(j) Employees
engaged for work under the terms of the subclause, shall accrue 0.4 of one hour
of each shift worked to allow one shift to be taken off as a paid shift for
every 20 shift cycle. The twentieth
shift shall be paid for at the shift rate(s) prescribed in paragraphs (a), (b)
and (c) of this subclause, provided that no employee shall be disadvantaged in
the introduction of this paragraph, as to the receipt of appropriate shift
rates in a cycle.
(iii) Part Time
Employment:
(a) An employee
may be engaged by the week to work on a part-time basis or a constant number of
hours which, having regard to the various ways of arranging ordinary hours,
shall average less than 38 but not less than 16 hours per week. The minimum
daily engagement shall be four hours.
(b) An employee so
engaged shall be paid per hour one thirty-eighth of the weekly rate prescribed
by this award for the classification in which the employee is engaged.
(c) An employee
engaged on a part-time basis shall be entitled to payments in respect of annual
leave, public holidays and sick leave arising under this award on a
proportionate basis.
(d) No existing
employee engaged full-time shall be forced to reduce to part-time employment
because of the insertion of this provision.
(e) Employees
under this clause shall not commence work prior to their fixed starting time
unless such time is paid for at overtime rates.
(f) After every
three months employment on a part-time basis, an employee engaged as such shall
be offered the option to increase their employment to a full time if the option
so arises..
(iv) Casual
Employment:
(a) A casual
employee is one engaged and paid as such.
(b) An employee
shall not be employed as a casual employee for more than twelve weeks in any
twelve month period, provided however, that such period may be extended, where
the consent of the Secretary of the State Branch of the appropriate Union has
been obtained, to meet the following circumstances:
(1) Exceptional
work demands
(2) Relieving an
employee who is on extended leave or workers compensation.
Provided further that the consent of the Secretary of
the State Branch of the appropriate Union shall not be reasonably withheld.
(c) Once a casual
employee has worked the twelve weeks in any one twelve month period the said
employee shall be offered full time employment.
(d) A casual
employee for working ordinary time shall be paid per hour one thirty-eighth of
the weekly rate prescribed by this award for the work that they perform plus a
loading of twenty percent.
(e) The casual
loading is inclusive of the one-twelfth loading in lieu of annual leave.
(f) A casual
employee shall receive a minimum payment of four hours per engagement.
(g) Time worked in
excess of 7.6 hours per day and all time worked on Saturdays, Sundays and
Public Holidays shall be paid at the appropriate penalty rates as set out in
this award.
6. Test of
Working
(i) Rail
Infrastructure Corporation shall, when required by The Australian Workers’
Union, New South Wales, have all tunnels and other workings in sandstone and
indurated shale tested using an approved method in accordance with Regulation
95A of the Construction Safety Regulations 1950 for atmospheric
conditions. One copy of the test taken
shall be posted in the shelter shed used by the men working the particular
section where the tests were taken.
(ii) A copy of all
tests shall be forwarded to the said union and to the Workcover Authority,
where a register shall be kept.
(iii) If the tested
conditions of the tunnel or other place of work show more than two hundred
particles per cubic centimetre of sandstone dust then, whenever reasonably
possible, mechanical means shall be operated to clear the atmosphere of dust,
so far as reasonably possible, to less than two hundred particles per cubic
centimetre or work in the said tunnel or other place of work shall cease and
all employees engaged therein shall be paid their wages in full for the time
they are kept waiting.
(iv) If any rock
containing silica, as opposed to free silica, to the amount of 25 per centum or
over is being worked and the tested condition sin any tunnel or other place of
work show the presence of more than four hundred particles per cubic centimetre
of dust then mechanical means shall be operated to clear the atmosphere of dust
to less than four hundred particles per cubic centimetre, if reasonably
possible, in the said tunnel or other place or work or work shall cease and all
employees engaged shall be paid their wages in full for the time they are kept
waiting.
(v) Where this
clause is silent reference should be made to the Construction Safety
Regulations 1950.
7. Machine Work
(i) Where rock
drilling and rock guttering and/or channelling machines are used it shall be
compulsory upon Rail Infrastructure Corporation to provide, and the employees
to use, water on all such work provided that the nature of the material does
not render this impracticable. On other
than underground work two men shall be employed when the weight of the machine
exceeds 28 kilograms unless suitable support is provided.
(ii) An employee
shall not be allowed to use a pneumatic pick over 18 kilograms in weight over
waist high in sandstone or indurated shale without suitable support.
8. Ventilation
of Workings
Effective ventilation appliances shall be provided in all
underground workings and in all shafts when sinking more than 4.57 metres deep,
in accordance with the relevant legislative requirements and guidelines set out
by the Workcover Authority of New South Wales from time to time.
9. Wet Weather
On each occasion work is temporarily suspended, owing to
intermittent rain, a wage deduction is not to be made for the first twenty
minutes. The total time paid for in this manner on any one day is not, however,
to exceed one hour.
10. Rail and
Sleeper Lifting
(i) All rails and
sleepers shall be lifted using mechanical means provided by the employer and
operated by employees fully trained in the use of such apparatuses.
(ii) Notwithstanding
subclause (i) above, if the circumstance arises where it is impracticable to
employ mechanical lifting practices, the following tabulated ratios of people
to rail by length and weight shall apply.
Rail
|
Number of people
|
Rail weight per metre
|
Length
|
Lifting and carrying
|
Lifting only
|
31.75 kg
|
12.2 m
|
12
|
8
|
36.29 kg
|
12.2 m
|
14
|
10
|
40.82 kg
|
12.2 m
|
16
|
12
|
40.82 kg
|
13.72 m
|
18
|
14
|
45.36 kg
|
12.2 m
|
18
|
14
|
45.36 kg
|
13.72 m
|
20
|
16
|
48.53 kg
|
12.2 m
|
20
|
16
|
48.53 kg
|
13.72 m
|
21
|
17
|
(a) When loading
skids are used the number of people required for lifting on to skids shall be
those shown under the heading of "lifting only". Six people shall be in the trucks to shift
the rail into position across the bolsters.
(b) Not less than
four people shall carry a sleeper.
(c) On any dolly
exceeding 6.35 kg in weight two people shall be employed and if the weight of
12.7 kg is exceeded three people shall be employed.
(d) These limits
may be departed from in case of emergency at the discretion of the
engineer-in-charge.
(iii) All manual
handling practices are to conducted with reference to the National Code of
Practice for Manual Handling 1990.
11. Tools and
Protective Clothing
(i) All tools
required by labourers shall be supplied by Rail Infrastructure
Corporation. Where necessary the
employer shall provide masks and goggles for cement gun operators.
(ii) The
requirements of this clause shall be met by the employer, free of charge, to
employees.
(iii) Where
designated, the following work clothing will be supplied upon commencement of
employment.
(a) One set of
safety footwear.
(b) Three sets of
work clothing incorporating the employer logo.
(c) One jacket or
pullover incorporating the employer logo.
(iv) Employees will
be required to wear such clothing when on duty.
(v) Work clothing
issued by the employer, as set out in subclause (iii) of this clause, shall be
replaced on a fair wear and tear basis.
12. Reporting for
Duty
(i)
(a) A casual
employee reporting for work and not being required shall be paid two hours’ pay
at ordinary rates and fares actually and necessarily incurred, unless the
employee has received notice the day before or within reasonable time on that
day that he/she will not be required.
(b) Where
employees report and are instructed to remain on the job, though not started,
they shall be paid at ordinary rates while waiting until such time as otherwise
notified.
(ii)
(a) Employees,
directed to report for work on Saturday where a five-day week is worked, or on
Sunday, and are not required, shall be paid two hours at overtime rates and all
fares actually and necessarily incurred in travelling to and from the job.
(b) Where
employees report as hereinbefore mentioned on Saturday or Sunday and are
instructed to remain on the job, although not started, they shall be paid at
overtime rates whilst waiting until such time as otherwise notified.
13. Higher Duties
An employee required to perform duties carrying a higher
rate of pay than the employee’s ordinary classification shall be so engaged for
a period of not less than five days. During such time the employee shall be
paid at the higher rate for such days worked.
14. Overtime
(i) Subject to
paragraph (g) of subclause (i) and subclause (ii) of clause 5, Hours of Labour,
of this award, overtime shall be payable for all time worked outside the
ordinary hours, inclusive of time worked for accrual purposes as prescribed in
the said clause 5, at the rate of time and one-half for the first two hours and
double time thereafter; provided
(a) that all work
performed after 12 noon on Saturday shall be paid for a double time; and
(b) that employees
who are required to work regular overtime (in accordance with subclause (ii) of
the said clause 5) which normally commences after 12 noon on a Saturday shall
be paid at the rate of time and one-half for the first two hours and double
time thereafter.
(c) For the
purpose of calculating overtime payments each unbroken period of overtime shall
stand alone.
(ii) Double time
shall be paid for all work done on Sundays except in the case of security
officers who shall be paid ordinary rates for the first two hours and double
time thereafter.
(iii)
(a) Subject to
paragraph (b) of this subclause, an employee who works so much overtime -
(I) between the
termination of the ordinary work day or shift, and the commencement of ordinary
work on the next day or shift, that the employee has not at least ten
consecutive hours off duty between such time; or
(II) on a Saturday,
Sunday or holiday, not being an ordinary working day, or on a rostered day off,
without having had ten consecutive hours off duty in the twenty-four hours
proceeding the employee’s ordinary commencing time on the next ordinary day or
shift;
shall 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:
Provided that if, on the instruction of the employer, such an employee
resumes work or continues to work without having had such ten consecutive hours
off duty the employee shall be paid at double rates until released from duty
for such period and the employee 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.
(b) The provisions
of paragraph (a) of this subclause shall apply in the case of shift workers as
if eight hours were substituted for ten hours when overtime is worked -
(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 the shift worker; or
(III) where a shift
is worked by arrangement between the employees themselves.
In any case, overtime shall be limited to a period so that
employees are not engaged for a period of more than 12 hours without the
required break as set out in subclause (iii) of this clause. Provided that, in
the case of an emergency the period of engagement can be extended as reasonably
required to deal with the situation.
(iv) An employee
required to work on a Sunday or a public holiday shall be afforded at least 4
hours work or shall be paid for 4 hours at the appropriate rate.
(v) Employees
recalled to work - When an employee is recalled to work after leaving the job
the employee will be paid a minimum of 3 hours at overtime rates.
(vi) Cribs - An
employee who is required to work overtime for two hours or more after the
normal ceasing time shall be allowed, a the expiration of the said two hours 30
minutes for a meal or crib and thereafter a similar time allowance after every
four hours of overtime worked. Time for
meals or crib through overtime periods shall be allowed without loss of pay,
provided that overtime work continues after such break. Where overtime is worked on a Saturday, if
work continues after 12 noon, a break for a meal of 30 minutes shall be allowed
between 12 noon and 1.00 pm which shall be taken without loss of pay.
15. Meal Breaks
and Allowance
(i) An employee
required to work overtime for more than one and one-half hours after the
ordinary ceasing time shall be provided with a meal or shall be paid the amount
set out in Item 10 of Table 1 - Monetary Rates, of Part B, for such a meal and
after the completion of each four hours on continuous overtime, shall be paid
the amount set out in the said Item 10.
(ii) When an
employee is required to work during the meal break the employee shall be paid
at the rate of time and a half until allowed the usual meal interval time
unless the employee is allowed twenty minutes for crib and is paid overtime for
the balance of the meal interval time worked.
16. Sick Leave
An employee who, after not less than three months’
continuous service in the employee’s current employment, is unable to attend
for duty during ordinary working hours by reason of personal illness or
personal incapacity (including incapacity resulting from injury within the
Workers’ Compensation Act) not due to the employee’s own serious and wilful
misconduct, shall be entitled to be paid at ordinary time rate of pay for the
time of such non-attendance subject to the following:
(a) Payment in
connection with sick leave is to be made on the next regular pay day after the
employee reports sick and such payment shall continue on regular pay days until
the employee exhausts their sick leave entitlement or resumes duty.
(b) The employee
shall not be entitled to paid leave of absence for any period in respect of
which there is an entitlement to workers’ compensation. Where a claim for workers compensation is
made by an employee payment of sick leave under this clause shall not be
payable in respect of the period covered by the said claim until such claim has
been disposed of.
(c) The employee
shall as soon as practicable after the commencement of such absence inform the
employer of any inability to attend for duty and, as far as possible, state the
nature of the illness or incapacity and the estimated duration of the same.
(d) The employee
shall prove to the satisfaction of the employer (or in the event of a dispute
the Industrial Commission) that the employee is or was unable on account of
such illness or incapacity to attend for duty on the day or days for which
payment under this clause is claimed.
(e) Subject to
paragraph (f) of this clause the employee shall be entitled in any one year of
continuous employment to ten days’ sick leave per year. Any period of paid sick leave allowed by the
employer to any employee in any such year shall be deducted from the period of
sick leave which may be allowed or may be carried forward under this award in
or in respect of such year. Each hour
of sick leave paid shall count for accrual purposes for clearance of accrued
day off.
(f) The right
under this clause shall accumulate from year to year so long as the employment
continues with the employer, so that any part of the sick leave entitlement
which has not been allowed in any year may be claimed by the employee and shall
be allowed by the employer, subject to the conditions prescribed by this clause,
in a subsequent year of such continued employment. Any rights which accumulate pursuant to this subclause shall be
available to the employee for an unlimited period. .
(g) For the
purpose of the clause "continuous service" shall be deemed not to
have been broken by:
(i) any absence
from work on leave granted by the employer, or
(ii) any absence
from work by reason of personal illness, injury, or other reasonable cause
(proof whereof shall in each case be upon the employee); provided that any time
so lost shall not be taken into account in computing the qualifying period of
three months.
(h) Service with
the employer before the date of coming into force of this clause shall be
counted as service for the purpose of qualifying thereunder.
16A. Personal Carer’s
Leave
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in Clause 11, sick
leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee: or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee; or spouse or de factor
spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de factor 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 paragraph:
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 other; and
3. ‘household’
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause above, shall be
exclusive of any shutdown period provided for elsewhere under this award
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime
(a) An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within twelve (12)
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason, payment for time accrued
at overtime rates shall be made at the expiry of the twelve (12) month period
or on termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time
(a) An employee
may elect, with the consent of the employer, to work ‘make-up time’, under
which the employee takes time off ordinary hours, and works those hours at a
later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work ‘make-up time’
(under which the employee takes time off ordinary hours and works those hours
at a later time), at the shift work rate which would have been applicable to
the hours taken off.
(6) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) Employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
16B. Bereavement
Leave
(i) An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in subclause (iii) of this clause.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal carer’s leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of Clause 12, Personal
Carer’s Leave, provided that for the purposes of bereavement leave, the
employee need not have been responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with the other leave available under
subclauses (2), (3), (4), (5) and (6) of the said Clause 12. In determining
such a request the employer will give special consideration to the
circumstances of the employee and the reasonable operational requirements of
the business.
17. Public
Holidays
(i) Permanent
employees shall be entitled to the following public holidays without loss of
pay:
New Year’s Day
Australia Day
Good Friday
Easter Saturday
Easter Monday
Anzac Day
Queen’s Birthday
Labour Day
Christmas Day
Boxing Day
and any other day proclaimed as a holiday for the State
and observed generally.
The employer and the employees may reach agreement to
substitute any other day for the day or days described above.
NOTATION:
(e.g., If an employee is normally rostered for duty on a day that a
public holiday falls and that duty would have been nine and one-half hours
except for the public holiday, the employee shall be paid nine and one-half
hours for the public holiday.)
(ii) An employee
absent without leave on the full working day before or the full working day
after a public holiday or holidays shall forfeit wages for the holiday as well
as for the day or part day of absence, except where an employer is satisfied
that the absence was due to illness or other reasonable cause supported by a
medical certificate or other evidence.
(iii) When an
employee is required to perform work on a holiday they shall be paid at the
rate of double time and one-half with a minimum of not less than four hours
each start.
17A. Picnic Day
(i) Where
reasonable practicable an employee shall be granted a day’s leave, without
deduction of pay, each calendar year to attend an approved picnic. Such
employee if required by the employer to work on this day shall be granted a
day’s leave, without deduction of pay, in lieu thereof.
(ii) The employer
may require from an employee evidence of attendance or desired attendance at
the approved picnic referred to in subclause (i) and the production of the butt
of a picnic ticket purchased for the picnic shall be sufficient evidence to
satisfy this requirement. Where such evidence is requested by the employer,
neither payment nor a day in lieu need be given unless the evidence is
produced.
(iii) An employee
who is not required by the employer to work in the areas in which normally
employed on the picnic day and who does not purchase a ticket for the picnic
shall be provided with alternative duties on that day. Such duties to be at the
discretion of the employer.
(iv) An employee
who so elects to work in accordance with subclause (iii) of this clause shall
not be entitled to a day’s leave in lieu thereof.
18. Annual Leave
See Annual Holidays
Act 1944.
19. Annual Holiday
Loading
(i) In this
clause the Annual Holidays Act 1944
is referred to as "the Act".
(ii) Before any
employee is given and takes an annual holiday or where by agreement between the
employer and employee the annual holiday is given and taken in more than one
separate period, then before each of such separate periods the employer shall
pay the employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does
not apply where an employee takes an annual holiday wholly or partly in advance
- see subclause (vi).)
(iii) The loading
is payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes or has become entitled, or where such a holiday is given and
taken in separate periods, then in relation to each such separate period
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) at the rate per week of 17.5 per cent of the
appropriate ordinary weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
such annual holiday.
(vi) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance,
provided that, if the employment of such an employee continues until the day
when the employee would have become entitled under the Act to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday and is to be calculated in accordance with subclause (v) of this
clause, applying the award rates of wages payable on that day.
(vii) Where, in
accordance with the Act, the employer’s establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employee concerned:
(a) An employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause (v) of this clause.
(b) An employee
who is not entitled under the Act to an annual holiday and who is given and
takes leave without pay shall be paid, in addition to the amount payable to the
employee under the Act, such proportion of the loading that would have been
payable to the employee under this clause if the employee had become entitled
to an annual holiday.
(viii)
(a) When the
employment of an employee is terminated by the employer for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which the employee became
entitled, the employee shall be paid a loading calculated in accordance with
subclause (v) for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of an employee’s employment.
20. Long Service
Leave
See Long Service Leave
Act 1955
21. Change and
Shelter Sheds
A change and/or shelter shed for workers shall be provided
on all works and shall be used exclusively for that purpose. At all underground works a change shed shall
be provided and, where an ample supply of water is available and it is reasonably
practicable, hot and cold showers shall be provided. Each isolated gang shall be provided with a shelter shed. Change and Shelter sheds shall be erected in
a location beyond risk of injury to employees from blasting operations.
22. Tea Break
A tea break of ten minutes duration during both the morning
and the afternoon periods of the working day shall be allowed to each
individual employee at a time to be arranged by employer executive without
deduction from their wages. Rail
Infrastructure Corporation shall provide the necessary facilities to brew tea
for employees. Provided that the taking
of a tea break shall not necessarily involve a complete stoppage of the work.
23. Fares and
Travelling Time
(i) Fares -
(a) An employee
who travels to and from his/her place of work by a public conveyance shall be
paid all fares actually and necessarily incurred in excess of the amount per
week set out in Item 5 of Table 1 - Monetary Rates, of Part B, or the amount
per day set out in the said Item 5; provided that where the employer
establishes a camp and the employee travels to and from his/her residence
daily, the employer shall not be liable to pay fares in excess of the amount
per week set out in Item 6 of Table 1.
Provided further that the conditions of this subclause
do not apply to persons employed after 22 November 1988.
(b) Where an
employee elects to travel by his/her own conveyance, or does so because the use
of available public transport is impracticable, fares shall be calculated and
paid for as if travel were made in the ordinary way be public transport. Where
any payment is made under this paragraph the provisions of subparagraph (1) of
paragraph (b) of subclause (ii) of this clause shall not apply.
(c) Fares need not
be paid unless claimed by the employees within 14 days after the date on which
they were incurred.
(ii) Travelling
Allowance -
(a) Employees not
camped -
(1) All time
occupied in travelling in excess of ten minutes each way between the nearest
stopping place of any public conveyance and the place of work shall be paid for
at the prescribed rate of pay. Walking time shall be at the rate of one
kilometre in 12 minutes.
(b) Residence, for
the purpose of this subclause, shall mean the place to which the employee
normally returns to sleep each night whilst employed on the particular work to
and from which he/she is required to travel.
(iii) General
Provisions -
(a) Time taken by
the vehicles provided by the employer shall not be more than reasonable,
allowing for the speed of the vehicle and the condition of the road. In all
cases where vehicles are provided by the employer they shall leave promptly on
cessation of work and an employee shall not be required to travel a further
distance than is required by him/her.
(b) Where
employees are required to travel to and from work in the employer’s vehicle the
employer shall provide the vehicle with suitable seating accommodation together
with a cover to protect the employees from the weather.
(c) Where an
employee is sent during working hours from job to job the employer shall pay
all travelling time and fares incurred in addition to the amounts it may be
liable to pay under subclauses (i) and (ii) of this clause.
(d) Where an
employee is not notified by the employer, the day before, of a transfer, the
employer shall be required, if requested by the employee, to return him/her to
the point from which he/she was transferred by the time of cessation of work -
provided that this provision shall only apply on the first day of transfer.
24. Country Work
(i) Country work
shall mean employment at a place which requires the employee to live away from
his/her usual place of residence.
(ii) All employees
sent by Rail Infrastructure Corporation from the city to the country or from
one country centre to another country centre or from a country centre to the
city shall have their fares provided by the employer, and on remaining until
the completion of the job or until the special work which they were sent to
perform is completed and no other work is provided by Rail Infrastructure
Corporation, shall be entitled to fares back to the place of engagement.
(iii) Any employee
selected for work and sent by the employer, from the city to the country or
from one country centre to another country centre or from a country centre to
the city shall have the necessary fares provided by Rail Infrastructure
Corporation.
(iv) Where
employees are sent from one place to another as prescribed in this clause, Rail
Infrastructure Corporation shall provide reasonable board and lodging or shall
pay an allowance of the amount set out in Item 7 of Table 1 - Monetary Rates,
of Part B, per week of seven days but such allowance shall not be wages.
(v) In case of
broken parts of the week, the allowance shall be all living expenses actually
and reasonable incurred but not exceeding the amount per week set out in Item 8
of Table 1, provided that the foregoing allowance shall not be paid by Rail
Infrastructure Corporation where camping facilities are provided.
(vi) Time occupied
in travelling by employees required to travel to and from country work shall be
paid for at ordinary rates in addition to wages otherwise earned; provided that
no employee shall be paid more than an ordinary day’s wages for any time not
exceeding twenty-four hours spent in travelling.
(vii) Where
employees are sent from one place to another as prescribed in this clause they
shall be allowed the amount as set out in Item 9 of Table 1 for each meal
whilst travelling or waiting en route and shall be allowed the amount set out
in Item 10 of Table 1 for a bed. These provisions shall also apply to the
return journey.
(viii) If employees
are transferred to another job at their request, they shall not be entitled to
fares or an allowance under this clause.
(ix)
(a) An employee
who works as required during the ordinary hours of work on the working day
before and the working day after a weekend and who notifies the employer or
his/her representative no later than Tuesday of each week of his/her intention
to return home at the weekend and who returns home for the weekend by private
transport, shall be paid an allowance of the amount set out in Item 11 of Table
1.
(b) This subclause
shall not apply to an employee:
(1) who is
receiving payment of an allowance in lieu of board and lodging being provided
by the employer;
(2) where a
conveyance is provided by the employer to transport the employee to and from
the place of work and the established centre from which the organisation is
based.
(c) An employee
shall be deemed to have returned home at the weekend only if this involves
him/her in being absent from his/her accommodation for not less than half the
hours between ceasing work in the one week and commencing work in the next.
25. First Aid
(i) Where
practicable one of the employees in each gang shall be qualified in first aid.
(ii) A standard
first-aid outfit shall be provided and maintained by Rail Infrastructure
Corporation on all construction works to which this award applies.
(iii) On all
construction works where more than fifty persons are employed and hospital
and/or medical services are not readily available an equipped first-aid station
shall be provided at a conveniently central position. This subclause shall
apply only in cases where the duration of the work is for a longer period than
three months.
(iv) In the event
of any serious accident happening or sickness occurring to any employee while
at work of going to or from the camp the employer shall, at its expense,
provide transport facilities to the nearest hospital or doctor.
(v) Any employee
appointed by the employer to perform first-aid duty to any gang shall be paid
per day the amount as set out in Item 11 of Table 2, Other Rates and
Allowances, in addition to the ordinary rates.
26. Transfers
Reasonable facilities shall be given to employees to
transfer from one gang to another. Employees desiring a transfer shall make
application to the officer in charge on the job.
27. Job
Representative
A job representative appointed by The Australian Workers’
Union, New South Wales, shall be allowed the necessary time during working
hours to hold talks with employees whom he/she represents and interview
reasonably the engineer or officer in charge on matters affecting the employees
whom he/she represents.
28. Superannuation
(a) The subject of
superannuation contributions is dealt with extensively by legislation including
the Superannuation Guarantee
(Administration) Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation
Industry (Supervision) Act 1993 and the Superannuation
(Resolution of Complaints) Act 1993. The legislation, as varied from time
to time, governs the superannuation rights and obligations of the parties.
(b) The employer
shall be a participating employer in any of the following funds:
First State Superannuation
State Authorities Superannuation Scheme (SASS)
Australian Public Superannuation (APS)
Australian Superannuation Savings Employment Trust
(ASSET)
and shall participate in accordance with the Trust Deed of
that fund.
(c) The employer
shall contribute to the Fund in accordance with the legislation provided that
employer contributions do not fall below 3% of ordinary time earnings:
NOTATION: Employer contributions under relevant
legislation are set at 7% until 30 June 2000, when they will increase to 8% and
a final adjustment of 9% from 1 July 2002
(d) The employer
shall provide each employee upon commencement of employment with membership
forms of the fund and shall forward the completed membership form to the fund within
14 days.
(e) An employee
may make contributions to the fund in addition to those made by the employer.
(f) An employee
who wishes to make additional contributions must authorise the employer in
writing to pay into the fund from the employee’s wages a specified amount in
accordance with the Trust Deed and the rules of the fund.
(g) An employee
may vary his or her additional contributions by a written authorisation and the
employer must alter the additional contributions within 14 days of the receipt
of the authorisation.
(h) All
contributions shall be made at the completion of each calendar month.
(i) Ordinary time
earnings shall be defined as including:
(i) Award
classification rate
(ii) overaward
payment
(iii) Shift loading
- including weekend and public holiday penalty rates earned by shift employees
on normal rostered shifts forming the ordinary hours of duty not when worked as
overtime
(iv) Casual loading
in respect to casual employees including 1/12 Annual Holiday Loading.
(v) Workers Compensation
Payments
Ordinary time earnings does not include bonuses, commission,
payment for overtime or other extraordinary payment, remuneration or allowance.
29. Payment of
Wages and Termination of Employment
(i) Payment shall
be made either:
(a) in cash, or
(b) with the
written consent of an employee, by cheque payable to the employee, or
(c) with the
written consent of an employee, in to an account in the name of the employee at
a financial institution by electronic transfer of funds or other means.
(ii) One day of
each pay period shall be recognised as pay day for each job. It shall not be later than the same day in
each pay period. When or before payment
of wages is made to an employee a docket shall be issued showing at least the
gross amount of wages and the amount of any deductions which are made from the
employee’s earnings. Employees shall be
paid during ordinary working hours. If
they are paid during the usual meal time such time so occupied shall be added
to the actual meal time.
(iii) Any employee
required to wait for more than 15 minutes after the ordinary ceasing time to
receive payment of wages shall be paid at overtime rates for all time the
employee is kept waiting to be paid.
(iv) When employees
are discharged except for misconduct, they shall be paid all wages due to them
at the time of their discharge. In the
case of discharge for misconduct or of resignation they shall be paid all wages
due to them within twenty-four hours after discharge or the timekeeper and/or
ganger is notified or resignation by the employee. In the case of any delay beyond the time herein state they shall
be paid at ordinary rates for all working time they are kept waiting.
(v) In the event
that a scheduled day off falls on pay day the employer shall pay wages to the
employee on the following working day.
Subject to the employer being able to make payment the wages may be paid
on the working day preceding the scheduled day off.
(vi) Provided that
where the scheduled day off falls on a pay day which is a Friday the employer
shall pay wages on the working day prior to the day off.
30. Definitions
(i) "Air
lock attendant" shall mean a labourer engaged to control an air lock. He shall have experience in air locking
working or shall be trained specially before taking up his duties. He shall not be required to attend to more
than one air lock and shall be stationed near the lock entrance.
(ii) "Concrete
finisher" means an employee, other than a concrete floater, who is engaged
in the hand finishing of concrete or cement work.
(iii) "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.
(iv) "Leading
Hand" shall mean an employee who shall be in charge of any number of
employees and who shall, if required, keep a record of the times of employees
under his control.
(v) "Pipelayer
and/or jointer" shall mean a labourer actually laying and/or jointing
pipes and/or fittings but shall not include a labourer assisting.
(vi) "Timber
worker" shall mean a labourer directly engaged in timbering any trench or
other excavation not being a tunnel or shaft when such timbering is for the
purpose of the excavation.
(vii) "Trench
labourer excavating" shall mean a labourer engaged in excavating trenches
or foundations for bridges, culverts or keyways for foundations for dams and
shall include a labourer shovelling excavated material from a platform or bench
in a trench. When excavating in cylinders and/or coffer dams the depth shall be
measured from the top of the cylinder, coffer dam or the ground level, which
ever give the greatest depth.
(viii) "Weekly
hand" shall mean a labourer engaged and paid by the week.
(ix) "Daily
hand" shall mean a labourer engaged by the day as a casual employee. A daily hand shall be entitled to a day’s
pay for every day he reports for work except when notified not later than the
day before that he is not so to report.
Where a labourer is discharged for misconduct or absents himself from
work or where work commences late due to weather conditions, except where
otherwise provided for therein, he shall be paid proportionately for the time
worked.
(x) Sandstone
shall mean and shall include:
(a) sandstone,
indurated shale, conglomerate, quartz, quartzite, cherts and any other rock
containing more than 50 per centum of free silica;
(b) granite,
porphyry, gneiss, schist, slate, and any other rock containing 50 per centum or
more of silica, as opposed to free silica, and 20 per centum of free silica
when worked in a tunnel cutting with head, shaft, driver, trench three or more
feet deep, quarry, whilst being worked with at least two faces, or other
confined space and the rock is in hard formation requiring the use of
percussion tools.
(xi) bituminous
labourer shall mean a labourer engaged, in the manufacture of pre-mix macadam
and in the spreading of pre-mixed macadam, but shall exclude the operation of
pugmill on mixer.
(xii) General
labourer, not otherwise classified shall include:
Adzing machine, person at wheel.
Adzing machine, other labourers.
Ballast labourer discharging from punt.
Barrow person.
Barrow person on incline and/or elevated planks.
Coal, labourer loading, unloading, or stacking.
Compo and/or cement mixer.
Embankment, labourer pitching.
Forming gang, labourer in.
Gravel washer and/or screener.
Hammer or drill moyle, jumper, spawler, and/or batter
person.
Labourer, waggon roads, constructing and/or removing.
Macadam, labourer excavating.
Pick operator (exclusively).
Sanitary and/or garbage labourer.
Shovel operator and pick and/or shovel operator.
bitumen work, labourer.
Tool sharpener’s striker.
Loading and/or unloading and/or stacking rails and/or
sleepers (to apply to old and/or new materials).
Packer on metal road and/or yards.
Packer (two) with lever person on metal roads and/or
yards in gangs of eight or more men
Packer (two) with lever person on muck roads in gangs
of eight or more men.
Rail pressing labourer.
(xiii) Drainer (as defined)
shall mean any employee who is not required to be licensed but who is directly
responsible to Rail Infrastructure Corporation for the correct and proper
laying of sewerage and drainage pipes.
31. Redundancy
(A) Application
(i) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified by clause 3, Classification Structure.
(ii) In respect to
employers who employ more than 15 employees immediately prior to the
termination of employment of employees, in the terms of paragraph (i) of
subclause (D) of this clause.
(iii) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply to
employees with less than one year's continuous service and the general
obligation on employers shall be not more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this award, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(B) Introduction of
Change -
(i) Employer's
Duty to Notify -
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effect on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) 'Significant
effects' include termination of employment, major changes in the composition,
operation or size of the employer's workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
Provided that where this award makes provision for
alteration of any of the matter referred to herein, an alteration shall be
deemed not to have significant effect.
(ii) Employer's
Duty to Discuss Change -
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (i) of
this subclause, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the union in relation to the changes.
(b) The discussions
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in the said paragraph (i).
(c) For the
purposes of such discussions, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on the employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(C) Redundancy -
(i) Discussions
before Terminations -
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to subclause (B) -
Introduction of Change, and that decision may lead to the termination of
employment, the employer shall hold discussions with the employees directly
affected and with the union to which they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provisions of subparagraph (a) of this
paragraph and shall cover, inter alia, any reason for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination on the employees concerned.
(c) For the
purpose of the discussion the employer shall, as soon as is practicable,
provide to the employees concerned and the union to which they belong, all
relevant information about the proposed terminations, including the reasons for
the proposed terminations, the number and categories of employees likely to be
affected and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer
shall not be required to disclose confidential information the disclosure of
which would adversely affect the employer.
(D) Termination of
Employment -
(i) Notice for
Changes in Production, Program, Organisation or Structure - This paragraph sets
out the notice provisions to be applied to terminations by the employer for
reasons arising from production, program, organisation or structure, in
accordance with subparagraph (a) of paragraph (i.) of subclause (B) of this
clause.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of Continuous Service
|
Period of Notice
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
notice, with not less than two years continuous service, shall be entitled to
an additional week’s notice.
(c) Payment in
lieu of notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(ii) Notice of
Technological Change - This paragraph sets out the notice provision to be
applied to terminations by the employer for reasons arising from technology in
accordance with subparagraph (a) of paragraph (I) of subclause (B) of this
clause.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
(b) Payment in lieu
of notice above shall be made if the appropriate notice period is not given.
Provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(iii) Time off
during notice period -
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day’s time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(iv) Employee
leaving during the Notice Period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled to
payment in lieu of notice.
(v) Statement of
Employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
(vi) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Centrelink thereof as soon as possible, giving relevant
information, including the number and categories of employees likely to be
affected and the period over which the terminations are intended to be carried
out.
(vii) Centrelink
Separation Certificate - The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by Centrelink.
(viii) Transfer to
Lower Paid Duties - Where an employee is transferred to lower paid duties for
reasons set out in subparagraph (a) of paragraph (I) of subclause (B) of this
clause, the employee shall be entitled to the same period of notice of transfer
as the employee would have been entitled to if the employee’s employment had
been terminated and the employer may, at the employer’s option, make payment in
lieu thereof of an amount equal to the difference between the former
ordinary-time rate of pay and the new ordinary-time rate for the number of
weeks notice still owing.
(E) Severance Pay
-
(i) Where the
employment of an employee is to be terminated pursuant to subclause (D) of this
clause, subject to further order of the Industrial Relations Commission of New
South Wales, the employer shall pay the following severance pay in respect of a
continuous period of service.
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 Years of
Age Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of Service
|
45 Years of Age and Over Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(c) ‘Week’s pay
means the all-purpose rate of pay for the employee concerned at the date of
termination and shall include in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid in accordance with this
award.
(ii) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in paragraph
(i) of this subclause.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in the said
paragraph (i.) will have on the employer.
(iii) Alternative
Employment - Subject to an application by the employer and further order of the
Industrial Relations Commission of New South Wales, an employer may pay a
lesser amount (or no amount) of severance pay than that contained in the said
paragraph (i.) if the employer obtains acceptable alternative employment for an
employee.
(F) Savings
Clause - Nothing in this clause shall be construed so as to require the
reduction or alteration of more advantageous benefits or conditions which an
employee may be entitled to under any existing redundancy agreement, taken as a
whole, between the union and any employer bound by this award.
32. Disputes and
Industrial Grievance Procedure
(i) Any
grievance, claim or dispute which arises shall, subject to the delegation of
the supervisor concerned and provided the grievance, claim or dispute relates
to a local matter only and its resolution will not have a repercussive impact
at other locations, be settled where possible at the work place between the
employees concerned and their immediate supervisor.
(ii) If the
problem is not resolved at this level, it is to be discussed between those
concerned, the accredited local union representative and the local controlling
officer within 35 hours of the controlling officer becoming aware of the
problem.
(iii) Should the
problem be incapable of resolution at the local level the RSA and the Union
involved will confer and prompt arrangements shall be made for accredited
representatives of the Union to discuss the matter with the line manager or
their representatives, together with Industrial Relations or Human Resources
officer within 7 days of the completion of the steps outlined in subclause (ii)
above or some other period as the parties may agree.
(iv) If the problem
remains unresolved, the General Manager Human Resources and the President or
Secretary of the State Branch of the Union concerned or their nominee,
whichever is appropriate, should confer and take appropriate action to arrive
at an agreement on the matters in dispute within 7 days of the completion of
the sets outlined in subclause (iii) above.
(v) At any stage
of the procedures, the parties by agreement may seek the assistance of a member
of the appropriate industrial tribunal or a mutually acceptable neutral
arbitrator for the purpose of endeavouring to conciliate or, by agreement,
arbitrate on the matter.
(vi) In the event
of failure to resolve the matters by the steps set out above and where the
parties are unable to agree that the matters be determined by the appropriate
industrial tribunal, the Union, before taking any action which would affect the
operation of the service shall forthwith notify the Labor Council of New South
Wales of the existence of the dispute, following upon which a cooling-off
period of 72 hours, excluding weekends and public holidays, shall apply to
enable the Council to assist in the resolution of the dispute. A copy of the
notification shall be forwarded to Rail Infrastructure Corporation.
(vii) During the
progress of all steps indicated above, except where there is a bona fide safety
issue involved, work shall continue as normal.
(viii) Should a
dispute still remain after the above procedures have been followed, either
party shall be free to take the course they consider, including referral to the
Industrial Relations Commission of New South Wales.
(ix) Where the
Union lodges a claim or is in dispute with Rail Infrastructure Corporation, the
parties shall follow the procedures set out herein.
(x) Stoppages
directed by the Labor Council of New South Wales and generally applying in
industry are exempted from this provision.
(xi) Nothing
contained herein shall preclude either Rail Infrastructure Corporation or the
Labor Council from entering into direct negotiations on any matter.
33. Anti
Discrimination
1. It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 (NSW) to prevent and eliminate discrimination in the workplace on
the grounds of race, sex, marital status, disability, homosexuality,
transgender identity and age.
2. It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
3. Under the Anti-Discrimination Act 1977 (NSW) it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
4. Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation.
(b) Offering or
providing junior rates of pay to persons under 21 years of age.
(c) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977 (NSW)
(d) A party to
this award from pursuing matters of unlawful discrimination in any state or
federal jurisdiction.
1. 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.
Note:
1. Employers and
Employees may also be subject to commonwealth anti-discrimination legislation.
2. Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in the Act effects...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."
34. Area,
Incidence and Duration
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and
rescinds and replaces the Public Transport Commission of New South Wales
(Construction) Award published 19 February 1975 and reprinted 15 February 1984
(232 IG 1041) and all variations thereof, and the Public Transport Commission
of New South Wales (Construction) (Expense Related Allowances) Award published
19 May 1995 (285 IG 1172) and the Public Transport Commission of New South
Wales (Clerks, Supervisory Officers and Gangers on Construction) (Expense
Related Allowances) Award published 19 May 1995 (285 IG 1160) and the Public
Transport Commission of New South Wales - Clerks, Supervisory Officers and
Gangers on Construction, &c, Works (Permanent Way Wages Staff) Award
published 11 June 1975 and reprinted 1 February 1984 (232 IG 725) and all
variations thereof.
It shall apply to Rail Infrastructure Corporation, and to
all persons employed by it in any capacity herein mentioned on railway
construction, duplication, and deviation works.
This award shall take effect on and from 23 April 2001 and
remains in force until varied or rescinded, the period for which it was made
having already expired.
Part B
MONETARY RATES
Table 1 - Rates of Pay
Job Classification
|
Amount
$
|
(i) Misc
Labour (per hr)
|
Construction Worker - Grp 1
|
12.4151
|
Construction Worker - Grp 2
|
12.9561
|
Construction Worker - Grp 3
|
13.3962
|
Construction Worker - Grp 4
|
13.6082
|
Construction Worker - Other
|
|
Diver - six hour day (per day)
|
109.09
|
Diver’s Attendant - six hour day (p/day)
|
99.33
|
Pile Driver (per hr)
|
13.8728
|
(ii) Youths
(per hr)
|
15 years
|
6.2098
|
16 years
|
7.5530
|
17 years
|
8.7558
|
(iii) Concrete
Construction (per hr)
|
Concrete Worker
|
12.9561
|
Concrete Finisher
|
13.3962
|
Labourer placing and/or tack welding
|
13.3962
|
Labourer bending reinforcing steel
|
12.9561
|
Prestressed concrete maker
|
13.0936
|
Pressure Grouter
|
13.3962
|
Pressure Grouter’s Assistant
|
13.0217
|
Cement Gun Operator - dry
|
13.0217
|
Cement Gun Operator - dry - underground
|
13.6780
|
Cement Gun Operator - wet
|
13.3962
|
Cement Gun Operator - wet - underground
|
13.3962
|
(iv) Trench
Excavation (per hr)
|
Trench labourer - excavating
|
|
From 1 to 3.05 m deep
|
12.4151
|
From 3.05 to 6.1 m deep
|
12.9561
|
From 6.1 to 12.2 m deep
|
13.3962
|
(i) Platelaying
on Construction for Live Roads (per hr)
|
|
13.0217
|
Table 2 - Other Rates and Allowances
Item No
|
Clause No
|
Description
|
Amount
$
|
1
|
2(v)
|
Extra payment per shift for each additional 6.09m of depth
(per hour)
(a) for
working in earth and rock
(b) for
excavating in earth
|
0.29
0.7662
|
2
|
3(i)
|
All Purpose Rate
Per hour
Per week
|
0.4934
19.74
|
3
|
3(ii)
|
Leading Hand (per hour)
|
0.4365
|
4
|
4(i)
|
Working in the rain (per day)
|
2.15
|
5
|
4(ii)(a)(1)
|
Working in wet places (per hour)
|
0.37
|
6
|
4(ii)(a)(4)
|
Employee working in water
(per day)
(a) over 45.72
cm
(b) over 91.44
cm
|
2.85
3.45
|
7
|
4(ii)(b)
|
Working in a slurry (per hour)
|
0.44
|
8
|
4(iii)
|
Climatic allowance (per day)
|
0.91
|
9
|
4(iv)
|
Height Money (per hour)
|
0.44
|
10
|
15
|
Meal Allowance
More than 1 ½ hours overtime
After four hours overtime
|
7.60
6.40
|
11
|
25(v)
|
First Aid (per day)
|
1.84
|
Government Railways (Permanent Way) Conciliation Committee
Industries and Callings
All persons in the employment of Rail Infrastructure
Corporation on the Wages Staffs of the Way and Works Branch and the Signal and
Telegraph Branch, on and in connection with the Railways of the State;
Excepting -
Employees engaged in the manufacture, fitting, overhauling,
repairing or installing of electrical apparatus or installations, or persons
employed in the maintenance of electrical apparatus and installations, or in
running electrical plant, or their assistants engaged in such industries, other
than those who, in the running or assisting in running electrical plant,
require little or no practical knowledge, and are mainly workers of a different
class;
Engine-drivers and firemen, greasers, trimmers, cleaners and
pumpers, engaged in or about the driving of engines, electrical crane, winch,
and motor drivers;
Carpenters and joiners;
Stonemasons and rubblemasons;
Bricklayers and tuckpointers;
Plasterers;
Plumbers and gasfitters and their assistants;
Painters;
Wood machinists and other employees in sawmills and yards,
timber-getters;
Cabinetmakers, wood turners, french polishers and
upholsterers employed in sawmills and timber yards, and in the coachmaking
industry;
Engineers, fitters, turners, blacksmiths, coppersmiths,
patternmakers, and their assistants;
Boilermakers and their assistants;
Moulders and their assistants;
Coachmakers and their labourers and their assistants,
coachpainters, and lifters other than loco. lifters.
Part C
Table 1 - Schedule of Wage Changes
Job Classification
|
Rate (pre s19 review)
|
SWC 1992
|
SWC 1993
|
SWC 1994
(1st $8)
|
SWC 1994
(2nd $8)
|
SWC 1996
(3rd $8)
|
SWC 1997
|
SWC 1998
|
SWC 1999
|
SWC 2000
|
(i) Misc
Labour (per hr)
|
|
Construction Worker - Grp 1
|
9.9678
|
10.2310
|
10.4415
|
10.6520
|
10.8625
|
11.0731
|
11.3362
|
11.7046
|
12.0204
|
12.4151
|
Construction Worker - Grp 2
|
10.5088
|
10.7720
|
10.9825
|
11.1930
|
11.4035
|
11.6141
|
11.8772
|
12.2456
|
12.5614
|
12.9561
|
Construction Worker - Grp 3
|
10.9386
|
11.2121
|
11.4226
|
11.6331
|
11.8436
|
12.0542
|
12.3173
|
12.6858
|
13.0015
|
13.3962
|
Construction Worker - Grp 4
|
11.2135
|
11.4202
|
11.6346
|
11.8451
|
12.0557
|
12.2661
|
12.5293
|
12.8977
|
13.2135
|
13.6082
|
Construction Worker - Other
|
|
|
Diver - six hour day (per day)
|
90.62
|
92.89
|
94.49
|
96.09
|
96.09
|
99.29
|
101.29
|
104.09
|
106.09
|
109.09
|
Diver’s Attendant - six hour day (pday)
|
80.71
|
82.73
|
84.33
|
85.93
|
87.53
|
89.13
|
91.13
|
93.93
|
96.33
|
99.33
|
Pile Driver (per hr)
|
11.4035
|
11.6886
|
11.8991
|
12.1096
|
12.3202
|
12.5307
|
12.7939
|
13.1623
|
13.4781
|
13.8728
|
(ii) Youths
(per hr)[1]
|
|
15 years
|
5.1670
|
|
|
|
|
|
5.6940
|
5.8705
|
6.0231
|
6.2098
|
16 years
|
6.2846
|
|
|
|
|
|
6.9256
|
7.1403
|
7.3259
|
7.5530
|
17 years
|
7.2853
|
|
|
|
|
|
8.0284
|
8.2773
|
8.4925
|
8.7558
|
(iii) Concrete
Construction (per hr)
|
|
Concrete Worker
|
10.5088
|
10.7720
|
10.9825
|
11.1930
|
11.4035
|
11.6141
|
11.8772
|
12.2456
|
12.5614
|
12.9561
|
Concrete Finisher
|
10.9386
|
11.2121
|
11.4226
|
11.6331
|
11.8436
|
12.0541
|
12.3173
|
12.6858
|
13.0015
|
13.3962
|
Labourer placing and/or tack welding
|
10.9386
|
11.2121
|
11.4226
|
11.6331
|
11.8436
|
12.0541
|
12.3173
|
12.6858
|
13.0015
|
13.3962
|
Labourer bending reinforcing steel
|
10.5088
|
10.7720
|
10.9825
|
11.1930
|
11.4035
|
11.6141
|
11.8772
|
12.2456
|
12.5614
|
12.9561
|
Prestressed concrete maker
|
10.6433
|
10.9094
|
11.1200
|
11.3304
|
11.5410
|
11.7515
|
12.0147
|
12.3801
|
12.6989
|
13.0936
|
Pressure Grouter
|
10.9386
|
11.2121
|
11.4226
|
11.6331
|
11.8436
|
12.0541
|
12.3173
|
12.6858
|
13.0015
|
13.3962
|
Pressure Grouter’s Assistant
|
10.5673
|
10.8373
|
11.0479
|
11.2584
|
11.4689
|
11.6794
|
11.9426
|
12.3110
|
12.6270
|
13.0217
|
Cement Gun Operator - dry
|
10.5673
|
10.8373
|
11.0479
|
11.2584
|
11.4689
|
11.6794
|
11.9426
|
12.3110
|
12.6270
|
13.0217
|
Cement Gun Operator - dry - underground
|
11.2135
|
11.4938
|
11.7044
|
11.9149
|
12.1254
|
12.3360
|
12.5991
|
12.9675
|
13.2833
|
13.6780
|
Cement Gun Operator - wet
|
10.9386
|
11.2121
|
11.4226
|
11.6331
|
11.8436
|
12.0541
|
12.3173
|
12.6858
|
13.0015
|
13.3962
|
Cement Gun Operator - wet - underground
|
10.9386
|
11.2121
|
11.4226
|
11.6331
|
11.8436
|
12.0541
|
12.3173
|
12.6858
|
13.0015
|
13.3962
|
(iv) Underground
and Trench Excavation (per hr)
|
|
Tunnel Miner
|
11.6784
|
11.9704
|
12.1809
|
12.3914
|
12.6019
|
12.8125
|
13.0756
|
13.4440
|
13.7598
|
14.1545
|
Tunnel miner - assisting
|
10.9386
|
11.2121
|
11.4226
|
11.6331
|
11.8436
|
12.0541
|
12.3173
|
12.6858
|
13.0015
|
13.3962
|
All other labour in tunneling crew
|
10.9386
|
11.2121
|
11.4226
|
11.6331
|
11.8436
|
12.0541
|
12.3173
|
12.6858
|
13.0015
|
13.3962
|
Shaft miner
|
11.6784
|
11.9704
|
12.1809
|
12.3914
|
12.6019
|
12.8125
|
13.0756
|
13.4440
|
13.7598
|
14.1545
|
Trench labourer - excavating
|
|
|
|
|
|
|
|
|
|
|
From 1 to 3.05 m deep
|
9.9678
|
10.2310
|
10.4415
|
10.6520
|
10.8625
|
11.0731
|
11.3362
|
11.7046
|
12.0204
|
12.4151
|
From 3.05 to 6.1 m deep
|
10.5088
|
10.7720
|
10.9825
|
11.1930
|
11.4035
|
11.6141
|
11.8772
|
12.2456
|
12.5614
|
12.9561
|
From 6.1 to 12.2 m deep
|
10.9386
|
11.2121
|
11.4226
|
11.6331
|
11.8436
|
12.0541
|
12.3173
|
12.6858
|
13.0015
|
13.3962
|
(v) Cylinder
Sinking - (per hr)
|
|
|
Air lock attendant (per shift)
|
76.6
|
78.6
|
80.2
|
81.8
|
83.4
|
85.0
|
87.0
|
89.8
|
92.2
|
95.2
|
|
Man working in cylinders with air pressure in earth to
6.09 m
|
75.78
|
77.78
|
79.38
|
80.98
|
82.58
|
84.18
|
86.18
|
88.98
|
91.38
|
94.38
|
|
Man working in cylinders with air pressure in rock to 6.09
m
|
82.18
|
84.24
|
85.84
|
87.44
|
89.04
|
90.64
|
92.64
|
95.44
|
97.84
|
100.84
|
|
Man working in cylinders without air pressure in earth up
to 6.09 m
|
9.9678
|
10.2310
|
10.4415
|
10.6520
|
10.8625
|
11.0731
|
11.3362
|
11.7046
|
12.0204
|
12.4151
|
|
(vi) Platelaying
on Construction for Live Roads (per hr)
|
|
|
Grp A
|
9.9678
|
10.2310
|
10.4415
|
10.6520
|
10.8625
|
11.0731
|
11.3362
|
11.7046
|
12.0204
|
12.4151
|
|
Grp B
|
10.1170
|
10.3802
|
10.5907
|
10.8012
|
11.0117
|
11.2223
|
11.4854
|
11.8538
|
12.1696
|
12.5643
|
|
Grp C
|
10.5673
|
10.8373
|
11.0479
|
11.2584
|
11.4689
|
11.6794
|
11.9426
|
12.3110
|
12.6270
|
13.0217
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Table 2 - Schedule of Allowances
Clause No
|
Description
|
Rate (pre s19 review)
|
SWC 1992
|
SWC 1993
|
SWC 1994
(1st $8)
|
SWC 1994
(2nd $8)
|
SWC 1996
(3rd $8)
|
SWC 1997
|
SWC 1998
|
SWC 1999
|
SWC 2000
|
2(v)
|
Man working in earth
Man working in rock
|
0.24
|
|
|
|
|
|
0.26
|
0.27
|
0.28
|
0.29
|
2(v)
|
Man excavating in earth
|
0.6375
|
|
|
|
|
|
0.7025
|
0.7243
|
0.7431
|
0.7662
|
3(i)
|
All Purpose Rate
|
0.4105
15.60
|
|
|
|
|
|
0.4524
18.10
|
0.4664
18.66
|
0.4786
19.14
|
0.4934
19.74
|
3(ii)
|
Leading Hand
|
0.3632
|
|
|
|
|
|
0.4002
|
0.4126
|
0.4233
|
0.4365
|
4(i)
|
Working in the rain
|
1.79
|
|
|
|
|
|
1.97
|
2.03
|
2.08
|
2.15
|
4(ii)(a)(1)
|
Working in wet places
|
0.31
|
|
|
|
|
|
0.34
|
0.35
|
0.36
|
0.37
|
4(ii)(a)(4)
|
Employee working in water
(a) over
45.72 cm
(b) over
91.44 cm
|
2.37
2.87
|
|
|
|
|
|
2.61
3.16
|
2.69
3.26
|
2.76
3.34
|
2.85
3.45
|
4(ii)(b)
|
Working in a slurry
|
0.36
|
|
|
|
|
|
0.40
|
0.41
|
0.42
|
0.44
|
4(iii)
|
Climatic allowance
|
0.75
|
|
|
|
|
|
0.83
|
0.86
|
0.88
|
0.91
|
4(iv)
|
Height Money
|
0.36
|
|
|
|
|
|
0.40
|
0.41
|
0.42
|
0.44
|
15
|
Meal Allowance
More than 1 ½ hours overtime
After four hours overtime
|
3.20
2.70
|
|
|
|
|
|
|
|
|
7.60
6.40
|
25
|
First Aid
|
1.52
|
|
|
|
|
|
1.68
|
1.73
|
1.78
|
1.84
|
F. MARKS J.
____________________
Printed by the authority of the Industrial Registrar.