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New South Wales Industrial Relations Commission
(Industrial Gazette)





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PUBLIC TRANSPORT CONSTRUCTION AWARD
  
Date08/10/2001
Volume326
Part5
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0360
CategoryAward
Award Code 768  
Date Posted03/20/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(768)

SERIAL C0360

 

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.

 

 



 

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