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New South Wales Industrial Relations Commission
(Industrial Gazette)





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BUILDING EMPLOYEES MIXED INDUSTRIES (STATE) AWARD
  
Date11/16/2001
Volume329
Part3
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0604
CategoryAward
Award Code 058  
Date Posted12/10/2001

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(058)

SERIAL C0604

 

BUILDING EMPLOYEES MIXED INDUSTRIES (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Notices of award review pursuant to section 19 of the Industrial Relations Act 1996.

 

(Nos. IRC 4837, 4850, 4859 and 5003of 1999)

 

Before Commissioner O'Neill

10 August 2001

 

 

REVIEWED AWARD

 

 

1.         AWARD TITLE

 

This Award shall be known as the Building Employees Mixed Industries (State) Award.

 

 

2.         ARRANGEMENT

 

PART A

 

Clause No

Title

Clause No

Title

1

Title

21

Fares and Travelling Time

2

Arrangement

22

Living Away From Home - Distant Work

3

Anti-Discrimination

23

Payment of Wages

4

Definitions

24

Protection of Employees

5

Area Incidence and Duration

25

Amenities

6

Award Modernisation

26

Tools and Clothing

7

Labour Flexibility

27

Apprentices

8

Disputes Settlement Procedure

28

Annual Leave

9

Posting of Notices

29

Annual Leave Loading

10

Union Delegate

30

Sick Leave

11

Hours of Work

31

State Personal/Carer’s Leave

12

Shift Work - Painters

32

Jury Service

13

Saturday, Sunday and Public Holiday Pay

33

Bereavement Leave

14

Picnic Day

34

Long Service Leave

15

Overtime

35

Piece Work

16

Wages

36

Terms of Employment

17

Special Rates

37

Superannuation

18

Leading Hands

38

Redundancy

19

Mixed Functions

39

Training Wage

20

Ship Work - Painters

 

 

PART B

 

MONETARY RATES

 

 

Table 1

Wages

Table 2

Allowances

 

 

 

3.         ANTI-DISCRIMINATION

 

a)         It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

b)         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.

 

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

 

d)         Nothing in this clause is to be taken to affect:

 

i)          any conduct or act which is specifically exempted from anti-discrimination legislation;

 

ii)         offering or providing junior rates of pay to persons under 21 years of age;

 

iii)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

iv)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

NOTES

 

a)         Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

b)         Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

4.         DEFINITIONS

 

4.1        General

 

4.1.1     "Mixed Enterprises" means an employer's enterprise carried on for the purpose of the production, treatment, distribution or provision of articles, goods, merchandise, materials, the production, treatment, distribution or provision whereof is not mainly attributable to or mainly dependent on the work performed by the classes of employees defined herein but in which the work performed is subsidiary or auxiliary to the carrying on of the enterprise.

 

4.1.2     "Ship Repairs" means:

 

a)         all repair work done on ships; 

 

b)         all work, other than the making of spare parts and stores, done in a workshop used for ship repair only; 

 

c)         work done in a workshop used for ship repairing, general engineering, metal moulding, steel construction and other heavy metal fabrication on which employees are engaged both on ships and in the workshop.

 

4.1.3     "Casual Hand" means an employee who is employed for a period of less than five days (exclusive of overtime) and applies to builders' labourers.

 

4.1.4     "Maintenance" means work performed by builders' labourers employed in mixed enterprises, not being work in or in connection with the erection of a structure whose purpose is the extension of the productive, administrative, storage or distributive functions of such an enterprise for the purpose of which erection builders' labourers in addition to the regular staff of builders' labourers employed by such enterprise are engaged.

 

4.1.5     "Operators of Explosive-powered Tools" means an employee qualified in accordance with the laws and regulations of New South Wales to operate explosive-powered tools.

 

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

 

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

 

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

 

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

 

a)         to support workers or materials; or

 

b)         to support formwork; or

 

c)         as a temporary support for members or parts of a building. Where such structure or framework is composed of standards and/or ledgers and/or putlogs or any combination of these components normally used in scaffolding work.  Nothing in this definition shall extend to: 

 

i)          any scaffolding used or intended to be used to support workmen or materials which is not intended to be erected to a height of over 3 metres; or 

 

ii)         any work relating to formwork which work consists solely of the typing together of occasional pieces of scaffolding tube to Acrow or similar type props; or 

 

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

 

4.1.10   "Scaffolding" means scaffolding which is so placed that a person or objects falling therefrom could fall a distance of 3 metres or more.

 

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

 

4.1.12   "Assistant Rigger" means a person assisting under the direct supervision (as defined) of a rigger in erecting or placing in position the members of any type of structure (other than scaffolding and aluminium alloy structures) and for the manner of ensuring the stability of such members, for dismantling such structure or for setting up cranes or hoists other than those attached to scaffolding and who has had less than 12 months experience at rigging. This definition shall include an employee either performing rigging work that is an integral part of, or is incidental to, cranage operations.

 

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

 

4.1.13   "Direct Supervision" means in relation to subclauses 4.1.11 and 4.1.12 of this clause that the powder monkey or rigger, as the case may be, must be present on the job to guide the work during its progress.

 

4.2        Painting Trades

 

4.2.1     "Painter" shall mean an employee engaged in any manner whatsoever in hours and general painting, whether by spray or any other method which shall include paper-hanging, decorating, graining, marbling, gilding, plastic work, glass-cutting, except when done by shop salesperson, picture framers, or furniture makers, scumbling, mixing and matching of colours, kalsomining, distempering, colour washing, lime washing, staining, varnishing, stripping off old paper, removing old paint or varnish, oiling and the preparing of all materials required and the carrying out of all work customary in the trade except ship painters and dockers' work.

 

4.2.2     "Signwriting" shall mean an employee engaged in forming, designing and/or lettering any pictorial stencilled either by screen- stencil or any other process, or other sign in metal leaf, bronze or paints, on hoardings, walls, iron, wood, glass, paper, calico or any other surface and/or the carrying out of all work customary in signwriting but shall not include the recoating of letters already formed which is usually carried out by painters, or persons engaged in forming, designing or lettering price tickets and show cards. Without limiting the general meaning, signwriting work shall include making of stencils and stencilling by screen or any other method, and the making and or fixing of transfers.

 

Upon the true meaning and interpretation of this award persons not being tradesmen signwriters, employed in the silk screen printing process making stencils, mixing colours or applying such colours to any surface through a mesh stencil and employees assisting such employees are not covered by this award.

 

4.2.3     "Artworkers" shall mean a person other than an apprentice employed on the work of an Artworker Grade 1, Artworker Grade 2 and Base Painter (Art) as defined and shall include such a worker on construction work. 

 

a)         Base Painter Art - shall mean an employee who is required to prepare and paint up to a stage where finishing applications are required on original artwork or artistic works of imitation and design on buildings and other structures. Persons engaged as such would be also required to assist other classifications of Artworkers and in so doing prepare and mix paints and assorted products and materials. This shall include all artworkers other than Artworker Grades 1 and 2. 

 

b)         Artworker - Grade 2 - shall mean an employee engaged in finish treating and detailing, whether by painting or the application of other materials to exhibits, or facades of a temporary nature including canvas or other materials used for artworks and to original artistic works of imitation and design on buildings or other structures. Persons employed as "Artworkers Grade 2" shall have considerable experience gained from employment as an Artworker Grade 1 for not less than four years. 

 

c)         Artworker - Grade 1 - shall mean an employee engaged whether by painting or the application of other materials to complete finishing applications to exhibitions or to original artistic works or artistic works of imitation and design on buildings and other structures. Such persons shall have no less than four years experience with applications and preparations of paints and assorted products and materials.

 

 

4.3        Plumbing Trades

 

4.3.1     "Plumbing work" without limiting its ordinary meaning, shall be deemed to include plumbers' lead burning, ship's plumbing, chemical plumbing, oxy- welding, electric welding and brazing applicable to plumbing work as herein defined, all sanitary work, gas-fitting, maintenance, installation and repair of hot and cold water services, and hot water and/or steam heating services, air-conditioning plants, the making up, fitting and installation of sewage and sewerage systems in sheet lead, galvanised iron, cast iron or any other material which supersedes the materials usually used by plumbers, the fixing of roofing, curtain walling, spouting, downpipes, gutters, valleys, ridging and flashings in any metal or any material and the fixing, maintenance and repair of metal drainpipes and vent pipes to any houses or building.

 

4.3.2     "Drainage work" without limiting its ordinary meaning, shall be deemed to include all work, including excavation, in connection with the laying and joining of stoneware and/or pipes for sewerage purposes.

 

5.         AREA INCIDENCE AND DURATION

 

5.1        Award Review

 

5.1.1     The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect from the first full pay period on or after 10 August 2001.

 

5.1.2     This reviewed award made pursuant to section 19 rescinds and replaces the Building Employee Mixed Industries - 1996 Wages Adjustment (State) Award published 18 April 1997 (297 IG 1055) as varied, the Building Employee Mixed Industries Redundancy (State) Award published 7 July 1995 (286 IG 690) as varied and the Building Employee Mixed Industries Trade Union Training Leave (State) Award published 25 August 1995 (287 IG 587) as varied. This reviewed award also replaces the Building Employees Mixed Industries (State) Award published 11 June 1993 (275 I.G. 418) as varied.

 

5.2        Carpenters, Joiners and Bricklayers

 

5.2.1     The award published 11 June 1993 rescinded and replaced the Carpenters and Joiners and Bricklayers Mixed Enterprises (State) Award published 7 December 1983, and all variations thereof.

 

5.2.2     It shall apply to all carpenters and joiners, excepting bridge and wharf carpenters, and to all bricklayers and tuckpointers employed in a mixed enterprise as defined in clause 40, Definitions, in the State, including the County of Yancowinna within the jurisdiction of the Carpenters, Bricklayers (State) Conciliation Committee excepting carpenters and joiners and bricklayers and tuckpointers employed under the terms of the Building and Construction Industry (State) Award and any variations thereof.

 

5.3        Painters and Signwriters

 

5.3.1     The award published 11 June 1993 rescinded and replaced the Painter and Signwriters Mixed Enterprises (State) Award published 3 December 1975 and reprinted 15 February 1984, and all variations thereof.

 

5.3.2     It shall apply to all artworkers, painters and signwriters (all as defined) within the industries and callings of the Painters, &c. (State) Industrial Committee, including but without limiting the generality of the foregoing those engaged in mixed enterprises (as defined) and those engaged in painting and/or signwriting shops.

 

5.4        Plumbers and Gasfitters

 

5.4.1     The award published 11 June 1993 rescinded and replaced Part "B" - Other Than Building Industry Continuously Employed, of the Plumbers and Gasfitters (State) Award published 17 September 1980 and reprinted 11 July 1984.

 

5.4.2     It shall apply to all employees in the State, excluding the County of Yancowinna, within the jurisdiction of the Plumbers and Gasfitters (State) Conciliation Committee except for employees to whom Part A - Building Industry, of the Plumbers and Gasfitters (State) Award applies.

 

5.5        Builders' Labourers

 

5.5.1     The award published 11 June 1993 rescinded and replaced the Builders Labourers - Mixed Enterprises (State) Award published 13 October 1989 and all variations thereof.

 

5.5.2     It shall apply to the employment of builders' labourers in any industry where the work performed is subsidiary or is auxiliary to the chief and principal purposes and business of such industry in the State, excluding the County of Yancowinna.

 

6.         AWARD MODERNISATION

 

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

 

b)         The parties commit themselves to the following principles as part of the structural efficiency process and have agreed to participate in a testing process in accordance with the provisions of this clause.

 

i)          Acceptance in principle that the new award skill level definitions will be more suitable for the needs of the industry, more truly reflective of skill levels and the tasks now performed and generally more broadly based, incorporating the ability for an employee to perform a wider range of duties where applicable.

 

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

 

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

 

d)         The parties agree that the working party will continue to meet the aim of modernising the award.

 

7.         LABOUR FLEXIBILITY

 

a)         The parties to this award recognise the diversity of activity in the industry and are committed to maintaining and enhancing the flexibility of operations and deployment of employees as required by the employer.

 

b)         An employee may be directed to carry out such duties and use such tools as may be required which are within the limits of the employee's skill, competence and training including but not limited by duties which are incidental and peripheral to the employee's main task or function.

 

c)         An employee may be directed to transfer to another job location at the discretion of the employer provided there is no alteration to the original contract of employment.

 

d)         Any instruction issued by an employer pursuant to subclauses (b) and (c) of this clause shall be consistent with the employer's responsibility to provide a healthy and safe working environment.

 

8.         DISPUTES SETTLEMENT PROCEDURE

 

It is agreed that every endeavour will be made to amicably settle any dispute which may arise at an establishment during the currency of this award, by direct negotiation and consultation between the parties. To facilitate the settlement of any such dispute the following channel of communications shall apply:

 

8.1        Disputes between Organisations of Employers and Employees

 

a)         The accredited Union representative at the establishment shall discuss any matter affecting the employees they represent with the supervisor in charge of the work. 

 

b)         If agreement is not reached at this level the Union representative shall approach more senior management. 

 

c)         If the matter is not resolved at those discussions the Union representative shall notify the Secretary of the Union of the nature of the matter in dispute and discussion shall then be carried on between representatives of the management and the Union. 

 

d)         Should negotiations (a), (b) and (c) fail to resolve the dispute, the dispute may be referred to the appropriate State industrial authority. 

 

e)         The dispute shall not be referred in (d) above until steps (a), (b) and (c) have been completed. 

 

f)          While the above procedure is being followed work shall continue normally. 

 

g)         All procedures above shall be consistent with the employers' responsibility to provide a healthy and safe working environment.

 

8.2        Procedures Relating to Grievances of Individual Employees

 

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

 

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

 

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

 

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

 

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

 

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

 

9.         POSTING OF NOTICES

 

No employee shall prevent an official of the union at any reasonable time from posting or keeping posted a copy of this award or any notice of the union, not exceeding 35 cm by 22 cm, in a suitable place on any job.

 

10.       UNION DELEGATE

 

a)         An employee appointed as a job delegate shall upon notification by the union to the employer be recognised as the accredited representative of the union to which the employee belongs and shall be allowed all necessary time during working hours to submit to the employer matters affecting the employee the employee represents and further shall be allowed reasonable time during working hours to attend to job matters affecting their union.  A job delegate shall notify the employer's representative and the union prior to the calling of any stop work meeting.

 

b)         Prior to dismissal or transfer, 2 days' notice shall be given to any job delegate and their appropriate union. Payment in lieu of notice shall not be given. In the event of the union disputing the decision of management to transfer or terminate the services of the job delegate the employee shall remain on the job during which time the Industrial Relations Commission shall deal with the matter.

 

11.       Hours of Work

 

Where employees employed pursuant to this award are engaged in an industry other than the building industry and that industry is subject to an award or determination of an industrial tribunal, the hours for employees so engaged shall be those prescribed generally in that industry. Provided that such industry does not average more than 38 hours per week.

 

11.1      Ordinary Hours

 

11.1.1   The ordinary hours of work under this award shall be an average of 38 per week and may be worked up to 8 hours per day Monday to Friday.

 

11.1.2   Ordinary hours shall be worked between the hours of 7.30 a.m. and 5.00 p.m. By agreement between an employer and their employees, the working day may begin at 6.00 a.m. or at any time between 6.00 a.m. and 8.00 a.m. and the working time shall begin to run from that time.

 

11.2      Rest and Meal Break

 

11.2.1   There shall be allowed, without reduction of pay, a rest period of ten minutes between 8.00 a.m. and 11.00 a.m.

 

11.2.2   No employee shall be required to work more than six hours without a meal break. Such break shall be not less than thirty minutes duration and not more than sixty minutes duration.

 

11.2.3   The rest break and the meal break shall not be taken concurrently.

 

11.3      Implementation of 38 Hour Week.

 

11.3.1   The method of implementation of the 38-hour week may be any one of the following:

 

a)         by employees working less than 8 ordinary hours each day; or

 

b)         by employees working less than 8 ordinary hours on one or more days each week; or

 

c)         by fixing one weekday on which all employees will be off during a particular work cycle; or

 

d)         rostering employees off on various days of the week during a particular work cycle so that each employee has one weekday off during that cycle.

 

11.3.2   In each plant, an assessment should be made as to which method of implementation best suits the business and the proposal shall be discussed with the employees concerned. In the absence of agreement at plant level the dispute settlement procedure shall be applied without delay.

 

11.3.3   Notice of Days Off

 

Except as provided in 11.3.2 where an employee is entitled to a day off during his work cycle, such employee shall be advised by the employer at least four weeks in advance of the week day being taken off.

 

11.3.4   Substitute Days

 

a)         An employer, with the agreement of the majority of employees concerned, may substitute the day an employee is to take off with another day in the case of a breakdown in machinery or a failure or shortage of electric power or to meeting the requirements of the business in the event of rush orders or some other emergency situations.

 

b)         An individual employee, with the agreement of the employer, may substitute the day the employee is to take off for another day.

 

11.3.5   Flexibility in Relation to Rostered Days Off

 

a)         Where the hours of work of an establishment, plant or section are organised in such a manner as to give employees a rostered day off, the majority of employees and the union or unions concern in the establishment, plant or section concerned may agree to accrue up to a maximum of five rostered days off.

 

b)         Where such agreement has been reached the accrued rostered days off must be taken within 12 months.

 

c)         It is understood between the parties that the involvement of the union or unions concerned, in relation to the accrual of rostered days off would be necessary in cases where it or they have members in the plants concerned and not in non-union establishments.

 

NOTATION: Enterprises which employ builders labourers, whose hours of work at the time of the making of this award are governed by an award, determination or agreement, Commonwealth or State, which was applicable to the majority of craft or tradesperson employees employed in that establishment, may continue to work in accordance with the hours of work provisions of such award, determination or agreement).

 

12.       SHIFT WORK - PAINTERS

 

This clause applies to painters, signwriters and artworkers. Where it is necessary that work is performed in shifts the following conditions shall apply:

 

12.1      Notice of Shift Work

 

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

 

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

 

12.2      For the purpose of this subclause

 

a)         "afternoon shift" means shift finishing after 6.00 p.m. and at or before 11.00 p.m.;

 

b)         "night shift" means a shift finishing after 11.00 p.m. and at or before 7.00 a.m.

 

12.3      Hours of Work on Shift Work

 

a)         The ordinary hours of both afternoon and night shift shall be eight hours daily inclusive of meal breaks.

 

b)         Shift work hours shall be worked between Monday to Friday inclusive, provided that an ordinary night shift commencing before, and extending beyond midnight Friday, shall be regarded as a Friday shift.

 

c)         Employee engaged on shift work shall not be required to work for more than five hours without a meal break.

 

d)         Where shift work comprises three continuous and consecutive shifts of eight hours per day, a crib time of 20 minutes in duration shall be allowed without deduction of pay in each shift. Such crib time shall be in lieu of any other rest period or cessation of work elsewhere prescribed in this award.

 

12.4      Rates of Pay on Shift Work

 

a)         The rate of pay for afternoon or night shift shall be time and a half provided that the employee is employed continuously for five shifts Monday to Friday in any week.

 

b)         The observance of a holiday in any week shall not be regarded as a break in continuity for the purpose of this subclause.

 

c)         An employee who is employed for less than five consecutive shifts Monday to Friday shall be paid for each day the employee works afternoon or night shift at the rate of time and a half for the first two hours and double time thereafter.

 

d)         When a job finishes after proceeding on shift work for more than one week, or the employee terminates their services during the week, the employee shall be paid at the rate specified in 12.4(a) for the time actually worked.

 

e)         For all work performed on a Saturday, Sunday or Public Holiday, the provisions of clause 13, Saturday, Sunday and Holiday Pay, shall be applicable in lieu of the rates prescribed in this clause.

 

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

 

13.       SATURDAY, SUNDAY AND PUBLIC HOLIDAY PAY

 

13.1      Saturday Work

 

a)         Time worked on a Saturday shall be paid for at the rate of time and one-half for the first two hours and at the rate of double time thereafter.

 

b)         An employee who attends for work as required on a Saturday shall be paid for not less than four hours' work.

 

c)         All work performed after 12 noon on a Saturday shall be paid for at the rate of double time.

 

13.2      Sunday Work

 

13.2.1   All time worked on Sunday shall be paid for at the rate of double time: Provided that an employee who attends for work as required shall be paid for not less than four hours' work.

 

13.3      Crib Break

 

13.3.1   An employee working on a Saturday, Sunday or Public Holiday shall be allowed a crib break of 20 minutes without reduction of pay after each four hours of overtime worked if the employee continues working after such crib break.

 

13.4      Public Holidays

 

a)         Employees employed as carpenters, joiners, bricklayers, builders labours or apprentices shall be entitled to the following holidays without loss of pay: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Eight-hour Day, Christmas Day and Boxing Day, together with all other gazetted holidays proclaimed for the State or any locality thereof.

 

b)         All time worked on any of the above mentioned holidays shall be paid for at the rate of double time and a half: Provided that an employee who attends for work as required on any of these days shall be paid for not less than four hours' work.

 

c)         Plumber and Gasfitters or Painters paid pursuant to clause 16.3.1(a) shall not be entitled to the benefits of this subclause (13.4).

 

d)         If an employer terminates the employment of an apprentice Carpenter, Bricklayer, Joiner or Painter except for reasons of misconduct or incompetency (proof of which shall lie upon the employer) the employer shall pay the apprentice a day's ordinary wages for each holiday or each of the holidays in a group as prescribed in this clause, which falls within ten consecutive days after the day of termination:

 

i)          Where any two or more of the holidays prescribed in this award occur within a 7 day span, such holidays shall for the purpose of this award be a group of holidays. If the first day of the group of holidays falls within 10 consecutive days after termination, the whole group shall be deemed to fall within the 10 consecutive days. Christmas Day, Boxing Day and New Year's Day shall be regarded as a group.

 

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

 

iii)        Where the apprentice has worked as required by the employer the working day immediately before and the working day immediately after such a holiday or is absent with permission of his employer or is absent with reasonable cause. Absence arising by termination of employment by the apprentice shall not be reasonable cause.

 

 

14.       PICNIC DAY

 

a)         Where an employee covered by this award is employed in an industry where the general body of employees are covered by an award or industrial agreement which prescribes a picnic day, such employee shall be granted a picnic day so prescribed.

 

b)         Where it is necessary for an employee to work on such a day the employee shall be paid at the overtime rate prescribed herein or shall be granted one day's leave with pay in lieu thereof.

 

c)         The one day's leave referred to above, shall, in the case of carpenters, joiners, bricklayers and painters, be one and a half days leave with pay in lieu thereof.

 

 

15.       OVERTIME

 

15.1      Rate of Overtime

 

15.1.1   Except as provided in clause 14, Saturday, Sunday and Holiday Pay, all time worked outside the ordinary working hours, as defined in clause 12, Hours of Work, shall be paid at the rate of time and a half for the first two hours and double time thereafter.

 

15.2      Overtime Meal Allowance

 

15.2.1   An employee, other than an apprentice required to work two or more hours of overtime without being provided with 24 hours notice shall be paid an allowance as set out in item 49 of table 2.

 

15.2.2   An apprentice required to work overtime in excess of one and one-half hours after working ordinary hours shall be paid by his/her employer an amount as set out in Item 49 of Table 2, to meet the cost of a meal.

 

15.2.3   Provided that this subclause shall not apply to an apprentice who is provided with reasonable board and lodging or who is receiving a distant job allowance and is provided with a suitable meal.

 

15.2.4   Plumbers and gasfitters employed prior to 3 September 1992 required to work two or more hours of overtime shall receive the allowance irrespective of the 24 hours' notice.

 

15.3      Crib Break

 

15.3.1   When an employee is required to work overtime after the usual ceasing time for the day for two hours or more, the employee shall be allowed to take at the employees ordinary rate of pay:

 

a)         crib time of 20 minutes in duration immediately after ceasing time, and

 

b)         after each four hours of continuous work, the employee shall be allowed to take, also without deduction of pay, a crib time of 20 minutes in duration.

 

15.3.2   In the event of an employee remaining at work after the usual ceasing time without taking the crib time of 20 minutes and continuing at work for a period of two hours or more, the employee shall be regarded as having worked 20 minutes more than the time worked and be paid accordingly.

 

15.4      Break Between Shifts

 

15.4.1   When overtime is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least 12 consecutive hours off duty between the work of successive days.

 

15.4.2   An employee who works so much overtime between the termination of the employee’s ordinary hours, and the commencement of the employee’s ordinary hours on the next day that the employee has not had at least twelve consecutive hours off duty between these be released after completion of such overtime until the employee has had twelve hours off duty without loss of pay for ordinary working time occurring during such absence.

 

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

 

15.5      Recall

 

15.5.1   An employee recalled to work overtime after leaving their employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of three hours' work at the appropriate rate for each time the employee is so recalled.

 

15.5.2   In the case of unforeseen circumstances arising, the employee shall not be required to work the full three hours if the job the employee was recalled to perform is completed within a shorter period.

 

15.5.3   This subclause shall not apply

 

a)         in cases where it is customary for an employee to return to their employer's premises to perform a specific job outside their ordinary working hours, or

 

b)         where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

 

15.5.4   Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purposes of subclause 16.4 where the actual time worked is less than three hours on such recall or on each of such recalls.

 

16.       WAGES

 

16.1      Carpenters, Joiners and Bricklayers

 

16.1.1   The ordinary weekly wage for carpenters, joiners and bricklayers shall comprise of the base rate, supplementary payment, State Wage Case Adjustments and Tool Allowance be as set out in Table 1 - Wages, of Part B, Monetary Rates an

 

16.2      Plumbers and Gasfitters

 

16.2.1   Journeyman Plumber

 

a)         The hourly rate for journeyman plumber shall calculated as follows:

 

i)          By multiplying the minimum rate as set out in said Table 1 by 52/48.4 to load the wages to provide for ten public holidays and two weeks' sick leave per annum.

 

ii)         by adding to that amount the supplementary payment, and the state wage case adjustments as set out in table 1.

 

iii)         By adding to that amount the tool allowance as set out in Table 1.

 

iv)        Dividing that amount by 38 (calculated to the nearest cent) to reduce it to an hourly rate; provided that where the calculation goes to the nearest half cent, then the exact sum is the hourly rate.

 

v)         Add the registration allowance as set out in Item 1 of Table 2.

 

1)         This allowance shall be paid for all purposes of this award with the exception of clause 5, Overtime. 

 

2)         During overtime the registration allowance shall be paid as a flat rate and not to be subject to overtime penalties.

 

16.2.2   Ships Plumber

 

The ordinary hourly rate for a Ship's Plumber shall be the hourly rate for a journeyman plumber, plus the amount as set out in Item 2 of Table 2.

 

16.2.3   Drainer

 

The ordinary hourly rate for a Drainer shall be the hourly rate for a journeyman plumber less the amount as set out in Item 2 of Table 2.

 

If, within three months after the employee’s employment on the terms and conditions of this part, the employee’s employment shall have terminated for any other cause other than misconduct or the employee’s voluntary act or shall cease to be in continuous employment, the employee shall be paid for the total hours actually worked by the employee from the commencement of the employee’s employment on the terms and conditions of this subclause until the termination of such employment as aforesaid or its ceasing to be continuous employment, at the appropriate rates provided in paragraph (1) of this subclause, less a deduction of the industry allowance as set out in Item 58 of Table 2 which deduction, calculated on an hourly basis, is as set out in the said Item 58.

 

Employment shall not cease to be continuous within the meaning of this subclause if no work or pay is provided for the employee or in respect of such days as are holidays pursuant to the provisions of this award or in the event of the employee being absent from their work on account of sickness or by their own voluntary act.

 

16.3      Painters and Signwriters

 

16.3.1   The ordinary hourly rate of wages for a Painter shall be calculated as follows:

 

a)         multiplying the minimum rate for a Painter as set out in Table 1 by 52/48 to load the wage to provide for payment of ten public holidays and ten days' sick leave per annum, or

 

b)         Where an employer pays:

 

i)          the employees ten days' sick leave per annum on full pay by multiplying the minimum rate for a Painter by 52/50.

 

ii)         the employees for all public holidays, although not worked, by multiplying the minimum rate for a Painter by 52/50.

 

iii)        the employee for all public holidays, although not worked, and allows the employees ten days' sick leave per annum on full pay by paying the minimum rate.

 

The provisions of this subclause shall not apply to any employer unless the employer gives written notice, by certified mail, to the Industrial Registrar and the State Secretary of the CFMEU General and Construction Division that the Employer elects to be bound by this subclause. The written notice must be provided within 28 days.

 

c)         by adding to the sum calculated in (a) or (b) above the Supplementary Payment as set out and the State Wage Case adjustment as set out in table 1.

 

d)         by adding to the amount calculated in (c) the Tool Allowance as set out in Table 1, to determine the hourly rate dividing the amount determined in (d) by 38,

 

16.3.2   Signwriters

 

The ordinary hourly rate for a Signwriter shall be the appropriate hourly rate for a Painter plus the amount as set out in Item 2 of Table 2

 

16.3.3   Marbler and Grainer on other than Ship Work

 

a)         The ordinary hourly rate for a Marbler and Grainer, not working on Ship Work shall be the appropriate hourly rate for a Painter plus the amount as set out in Item 2 of Table 2.

 

b)         This rate shall be payable only to employees whilst engaged on the work of marbling and/or graining.

 

16.3.4   Ship Painter

 

The ordinary hourly rate for a Ships Painter shall be the appropriate hourly rate for a Painter plus the amount as set out in Item 2 of Table 2

 

16.3.5   Casual Ships Painter

 

a)         The a minimum payment for a Casual Ship’s Painter shall be for four hours' employment. The hourly rate shall be calculated as follows:

i)          add the minimum rate as set out in Table 1 and the amount as set out in Item 1 of Table 2 for tools;

 

ii)          divide that rate by 38;

 

iii)         By adding to the above amount 21.5 per cent plus the amount as set out in Item 11.

 

16.3.6   Signwriter, Grainer and Gilder on Ship Work.

 

The ordinary hourly rate for a Signwriter, Grainer and/or Gilder on Ship Work, whilst engaged on such special work, shall be the appropriate hourly rate for a Painter plus the amount as set out in Item 3 of Table 2.

 

16.3.7   Artworker

 

a)         The ordinary hourly rate for a Artworker Grade 2 shall be the appropriate hourly rate for a Painter plus the amount as set out in Item 2 of Table 2

 

b)         The ordinary hourly rate for a Artworker Grade 1 shall be the appropriate hourly rate for a Painter plus the amount as set out in Item 2 of Table 2.

 

c)         Base Painter - Art, shall be paid the appropriate rate prescribed for a painter under this award.

 

d)         Trainee Artworker shall be paid the appropriate rate of an apprentice.

 

16.4      Builders' Labourers

 

16.4.1   A Builders Labour shall be paid the rate as set out Table 1 of Part B

 

16.4.2   Disability Allowance - In addition to the minimum rates of pay prescribed in this subclause, an employee engaged on "maintenance" as defined, shall be paid a disability allowance at the rate set out in Item 43 of Table 2.

 

16.4.3   Where an employee is engaged on work other than "maintenance", as defined, such allowance shall be increased by an additional amount as set out in Item 43 when so engaged.

 

16.5      Apprentices

 

16.5.1   Apprentices shall be paid the rates as prescribed in table 1 of part B of this Award.

 

16.5.2   Preapprenticeship Credits

 

An apprentice who has completed an applicable preappreticeship course with the New South Wales Department of Technical and Further Education shall be given a credit on the term of the apprenticeship in accordance with the following table

 

Declared Trade

Course of Studies and Qualification

Course No.

Level of

 

 

 

Credit

Bricklaying Trade

Bricklaying Skills - Certificate I AQF

TAFE 2170

3

 

 

 

months

Carpentry and Joinery

Carpentry and Joinery

TAFE 2150

12

Trade

Pre-Apprenticeship Certificate II AQF

 

months

 

Carpentry and Joinery Introductory Skills

TAFE 2156

3

 

 (Construction) Certificate I AQF

 

months

 

General Construction (Carpentry) -

TAFE 7951

12

 

Housing -Certificate II AQF

 

months

 

General Construction Carpentry -

TAFE 7982

3

 

Introductory Skills - Certificate I AQF

 

months

Painting & Decorating

Painting and Decorating Skills

TAFE 2165

3

Trade

 

 

months

 

 

16.6      Notation - Supplementary Payment

 

a)         The supplementary payment prescribed in this subclause is in substitution for any overaward payment, as defined hereunder, which would otherwise have been paid.

 

b)         Overaward payment is defined as the amount (whether it be termed "overaward payment", "attendance bonus", "service increment" or any term whatsoever) which an employee performing 38 hours of ordinary work would receive in excess of the ordinary weekly rate prescribed in this award. Such payment shall exclude overtime, shift allowances, penalty rates, disability allowances, special rates, fares and travelling time allowances and any other ancillary payments of a like nature prescribed by this award.

 

16.7      Savings

 

No employee shall suffer a reduction in earnings as a consequence of the making of this award.

 

17.       SPECIAL RATES

 

17.1      Calculation of Allowances Under this Clause

 

17.1.1   Where more than one of the rates prescribed in this clause provides payment for disabilities of substantially the same nature, then only the highest of such rates shall be payable except where expressed to the contrary.

 

17.1.2   The rates prescribed in this clause shall not form part of the ordinary rates of payment for the purpose of calculation of overtime.

 

17.2      All Employees

 

17.2.1   Insulation - An employee handling charcoal, pumice, granulated cork, silicate of cotton, insulwool, slag wool or other recognised insulating material of a like nature, or working in the immediate vicinity so as to be affected by the use thereof, shall be paid an amount as set out in Item 3 of Table 2 per hour or part thereof.

 

17.2.2   Hot Work - An employee who works in a place where the temperature has been raised by artificial means to between 46 and 54 degrees Celsius, shall be paid an amount as set out in Item 4 of Table 2 per hour or part thereof, exceeding 54 degrees Celsius, shall be paid an amount as set out in Item 4 of Table 2 per hour or part thereof. Where such work continues for more than two hours, the employee shall be entitled to 20 minutes' rest after every two hours' work without loss of pay not including the special rate provided by this clause.

 

17.2.3   Cold Work - An employee who works in a place where the temperature is lowered by artificial means to less than 0 degrees Celsius shall be paid an amount as set out in Item 5 of Table 2 per hour. Where such work continues for more than two hours, the employee shall be entitled to 20 minutes' rest after every two hours' work without loss of pay, not including the special rate provided by this subclause.

 

17.2.4   Confined Space - An employee required to work in a confined space shall be paid an amount as set out in Item 6 of Table 2 per hour or part thereof. "Confined space," means a place the dimensions or nature of which necessitates working in a cramped position or without sufficient ventilation.

 

17.2.5   Swing Scaffold - Elevated Hydraulic Platform - A person:

 

 

a)         on any type of swing scaffold or any scaffold suspended by rope or cable, bosun's chair, etc.;

 

b)         on a suspended scaffold requiring the use of steel or iron hooks or angle irons at a height of six metres or more above the nearest horizontal plane;

 

c)         on an elevated platform with either a single or multiple "basket" made from fibreglass or any other suitable material, attached to hydraulic arms which are connected to a power unit (usually attached to the tray of a motor vehicle especially adapted for this type of equipment) and capable of raising, lowering or rotating the arms and the basket attachment by hydraulic power and can be operated from controls on the power unit or from controls within the basket.

 

shall be paid for a minimum 4 hours work or part thereof the amount prescribed in Item 7 of Table 2.

 

Provided that an apprentice with less than two years experience shall not use a swing scaffold or bosun's chair.

 

17.2.6   Wet Work - Employees working in any place where water is continually dripping on the employees so that clothing and boots become wet, or where there is water underfoot, shall be paid an amount as set out in Item 8 of Table 2 per hour whilst so engaged.

 

17.2.7   Dirty Work - Work which a foreperson and an employee agree is of an unusually dirty or offensive nature shall be paid an amount as set out in Item 9 of Table 2 per hour.

 

17.2.8   Towers Allowance - An employee working on a chimney stack, spire, tower radio or television mast or tower, air shaft, other than above ground in a multi-storey building, cooling tower, water tower or silo where the construction exceeds fifteen metres in height shall be paid for all work above fifteen metres, an amount as set out in Item 10 of Table 2 per hour, with the amount as set out in Item 10 of Table 2 per hour additional for work above each further fifteen metres.

 

17.2.9   Toxic Substances

 

a)         Employees using toxic substances or materials of a like nature shall be paid an amount as set out in Item 11 of Table 2 per hour extra.

 

b)         Employees working in close proximity to employees so engaged shall be paid an amount as set out in Item 11 of Table 2 per hour extra.

 

c)         Employees applying such materials in buildings which are normally air-conditioned shall be paid the amount set out in item 11 of table 2.

 

d)         Where there is an absence of adequate ventilation the employer shall provided ventilation by artificial means and/or supply a WorkCover approved respirator.

 

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

 

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

 

17.2.11 Computing Quantities

 

a)         Tradesperson, except plumbers, who are regularly required to compute or estimate quantities of material in respect to the work performed by other employees shall be paid the additional amount per day amount as set out in item 12 of table 2 for each per day or part thereof;

 

b)         Plumbers who are regularly required to compute or estimate quantities of material in respect to the work performed by other employees shall be paid an additional amount as set out in item 12 of table 2 per hour.

 

17.2.12 Asbestos Eradication

 

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

 

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

 

c)         Control - All aspects of asbestos eradication work shall be conducted in accordance with the Occupational Health and Safety Regulations concerning construction work involving asbestos and asbestos cement.

 

d)         Rate of Pay - In addition to the rates prescribed in this award, an employee engaged in asbestos eradication (as defined) shall receive the amount per hour set out in Item 13 of Table 2 in lieu of special rates as prescribed in this clause, with the exception of subclauses 20.2.2, Hot Work; 20.2.3 Cold Work, and 20.2.5, Swing Scaffold.

 

17.3      Carpenters, Bricklayers and Joiners Only

 

Special Rates as set out in this subclause shall be paid as applicable to Carpenters, Bricklayers and Joiners and their apprentices.

 

17.3.1   Employees engaged on repairs to roofs shall receive the amount per hour as set out in Item 14 of Table 2.

 

17.3.2   Ship Repair Work - A carpenter whilst engaged on ship repairs shall be paid the amount as set out in Item 15 of Table 2 per week.

 

17.3.3   Second-hand Timber - Where, whilst working with second-hand timber, an employee's tools are damaged by nails, dumps or other foreign matter on the timber, the employee shall be shall be paid the amount as set out in Item 16 of Table 2 per day. The allowance shall be paid on each day upon which their tools are so damaged; provided that no allowance shall be payable under this clause unless it is reported immediately to the employer's representative on the job in order that the employee may prove the claim.

 

17.3.4   Acid Work - An employee required to work on the construction or repairs to acid furnaces, acid stills, acid towers and all other acid-resisting brickwork shall receive the amount per hour as set out in Item 17 of Table 2. This additional rate shall be regarded as part of the wage rate for all purposes.

 

17.3.5   Cleaning Down Brickwork - An employee required to clean down bricks using acids or other corrosive substances shall receive the amount per hour as set out in Item 18 of Table 2. While so employed, employees will be supplied with gloves by the employer.

 

17.3.6   Bagging - Employees engaged upon bagging bricks or concrete structures shall receive the amount per hour as set out in Item 19 of Table 2.

 

17.3.7   Brick Cutting Machine - A bricklayer when engaged using the brick cutting machine shall receive the amount per hour as set out in Item 20 of Table 2 or part.

 

17.3.8   Heavy Blocks - Employees laying blocks (other than concrete blocks for plugging purposes) shall be paid the amount per hour as set out in item 21 of table 2.

 

17.4      Carpenters, Bricklayers, Joiners and Painters Only

 

Special Rates as set out in this subclause shall be paid to Carpenters, Bricklayers, Joiners and Plumbers and their apprentices.

 

17.4.1   Tunnel and Shaft - An employee engaged in tunnel and sewer work and in underground shafts exceeding three metres in depth shall receive the amount per hour as set out in Item 22 of Table 2.

 

17.4.2   Furnace Work - An employee engaged on the construction or alternation or repairs to boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work shall receive the amount per hour as set out in Item 23 of Table 2. This additional rate shall be regarded as part of the wage rate for all purposes of the award.

 

17.4.3   Explosive-powered Tools - An employee who is an authorised operator of explosive-powered tools shall work shall receive the amount per hour as set out in Item 24 of Table 2 when required to use those tools.

 

17.5      Plumbers Only

 

Special Rates as set out in this subclause shall be paid to Plumbers and their apprentices.

 

17.5.1   A plumber is employed upon any chokage who is required to open up any soil pipe, waste pipe or drain pipe conveying offensive material or a scupper containing sewerage, the employee shall be paid an additional amount per day or part of a day thereof, as set out in Item 25 of Table 2.

 

17.5.2   All work, other than chokages hereinbefore mentioned, in connection with WCs, urinals, soil or waste pipes where used principally by venereal patients in hospitals or ships shall receive the amount per hour as set out in Item 26 of Table 2: Provided that extra payment need not be made if suitable gloves and (where necessary) suitable boots, all of which shall remain the property of the employer, are supplied to the employee concerned for their use during such work.

 

17.5.3   A plumber working on any structure at a height of more than 12.2 metres where an adequate fixed support not less than 750mm wide is not provided shall be paid the amount set out in Item 27 of table 2. This shall not apply to a plumber working on a bosun’s chair or on a swing scaffold.

 

17.5.4   A plumber who is engaged to perform the task(s) outlined below shall receive the relevant amount as prescribed in item 28 of table 2:

 

a)         Lead burner.

 

b)         Lead burner employed in chemical works on the making, repairing and maintenance of plants other than repairs to buildings or sheds housing such plants.

 

c)         An employee, being the holder of a Oxyacetylene or Electric Welding Certificate who may be required by their employer to act on either of their certificates during the course of their employment, shall be entitled to be paid for each hour of their employment on work the nature of which is such that it is to be done by or under the supervision of the holder of a certificate or, while not performing but supervising such work.

 

d)         An employee being the holder of a certificate or certificates as defined in (c) above and who is required by their employer to perform welding subject to the provisions of, and in compliance with, AS4041-1998.

 

e)         An employee engaged in electric welding applicable to plumbing other than those covered subclause (c) of this clause.

 

17.5.5   Employees required to use materials containing asbestos or to work in close proximity to employees using such materials shall be provided with and shall use all necessary safeguards as required by the appropriate occupational health authority and, where such safeguards include the mandatory wearing of protective equipment, such employees shall receive the amount per hour as set out in Item 29 of Table 2 whilst so engaged.

 

17.5.6   Employees working in slaughtering yards shall receive the amount per hour as set out in Item 30 of Table 2.

 

17.5.7   A plumber engaged in fixing or repairing a roof or any other work in excess of 12.2 metres from the nearest floor level shall receive the amount per hour as set out in Item 31 of Table 2.

 

17.5.8   A plumbers who may be required by their employer to act on a licence or licences during the course of their shall be paid the applicable hourly rate as set out in Item 32 of Table 2 for each hour the employee is required to act on that licence.

 

NOTE: Gasfitting licence shall be deemed to include coal gas, natural gas, liquid petroleum gas or any other gas that is required by any State Act of Parliament or Regulation to be the holder of a licence to be responsible for the installation of any such service or services.

 

17.5.9   District Allowances

 

a)         All employees working in districts west and north of and excluding State Highway No. 17 from Tocumwal to Gilgandra, State Highway No. 11 from Gilgrandra to Tamworth, Trunk Road No. 63 to Yetman and State Highway No. 16 to Boggabilla up to the Western Division boundary, and excluding the municipalities through which the road passes, the amount as set out in Item 33 of Table 2 per day.

 

b)         All employees working in the Western Division of the State shall be paid the amount as set out in Item 33 of Table 2 per day.

 

c)         All employees working within the area bounded by and inclusive of the Snowy River from the New South Wales border to Dalgety, thence by road directly from Dalgety to Berridale and on to the Snowy Mountains Highway at Adaminaby, thence to Blowering, thence by a line drawn from Blowering southwest to Welaregang and on to the Murray River, thence in a south-easterly direction along the New South Wales border to a point of commencement shall be paid the amount as set out in Item 33 of Table 2 per day.

 

17.6      Ships' Plumbers

 

Special Rates as set out in this subclause shall be paid to Ships Plumbers and their Apprentices

 

17.6.1   Employees required to work in ballast tanks, oil tanks and side tanks shall receive the amount per hour as set out in Item 34 of Table 2 whilst so engaged.

 

17.6.2   Employees required to work in ships' bilges, or under engine room or boiler room flooring shall receive the amount per hour as set out in Item 35 of Table 2 whilst so engaged.

 

17.6.3   Employees required to work in and around diesel engines shall receive the amount per hour as set out in Item 36 of Table 2 whilst so engaged.

 

 

17.7      Painters Only

 

Special Rates as set out in this subclause shall be paid to Painter and their apprentices.

 

17.7.1   Brewery Work - An employee working in brewery cylinders or stout tuns shall be allowed 15 minutes spell in the fresh air at the end of each hour worked by the employee. Such 15 minutes shall be counted as working time and shall be paid for as such. The rate of working in brewery cylinders or stout tuns shall be at the rate of time and a half. When an employee is working overtime and is required to work in brewery cylinders and stout tuns the employee shall, in addition to the overtime rates payable, be paid one-half of the ordinary rate payable as provided for by clause 16, Wages.

 

17.7.2   Height Work - An employee working on any structure at a height of more than 9.1 metres where an adequate support not less than 762 mm wide is not provided, shall receive the amount per hour as set out in Item 37 of Table 2. This subclause shall not apply to an employee working on a bosun's chair or swinging scaffold.

 

17.7.3   Certificate Allowance - An employee who is the holder of a scaffolding or rigging certificate issued by WorkCover and is required to act on that certificate whilst engaged on work requiring a certificated person, shall be paid the amount per hour as set out in Item 38 of Table 2.

 

17.7.4   Spray Allowance - An employee engaged on all spray applications carried out in other than a properly constructed booth approved by WorkCover shall receive the amount per hour as set out in Item 39 of Table 2.

 

17.7.5   Power Tools (Painter) - Employees required to use power, electrical or pneumatically operated tools in the preparation of any surface for all work customary in the trade shall receive the amount per hour as set out in Item 40 of Table 2. The use of such tools shall be governed by the following provisions:

 

a)         The weight of each such machine shall not exceed 5.9 kgs.

 

b)         The employer shall ensure that each such electrical tool, together with all-electrical leads and associated equipment, are kept in a safe condition.

 

17.8      Builder’s Labourers

 

Special Rates as set out in this subclause shall be paid to Builder’s Labours

 

17.8.1   A builder's labourer required to work on the construction, alteration or repairs to acid furnaces, acid stills, acid towers and all other acid- resisting brickwork shall be paid an amount as set out in Item 42 of Table 2, per hour which shall be for all purposes of the award.

 

17.8.2   A builder's labourer engaged in the construction, alteration and repairs to boilers, flues, furnaces, retorts and kilns, shall be paid an amount as set out in Item 42 of Table 2, per hour which shall be for all purposes of the award.

 

17.9      Apprentices

 

17.9.1   Certificate Allowance - Apprentices who are the holders of a scaffolding or rigging certificate and are required to act on that certificate whilst engaged on work requiring a certificated person shall be paid an the amount as set out in Item 43 of Table 2.

 

17.9.2   The District Allowances as prescribed by clause 18.5.9 shall apply to apprentices.

 

18.       LEADING HANDS

 

In addition to the ordinary rate, an employee appointed as a leading hand shall be paid as set out in Item 44 of Table 2 Monetary Rates.

 

19.       MIXED FUNCTIONS

 

a)         Where the award, determination or agreement, Commonwealth or State, applicable to the majority of craft or tradesperson employees employed in the establishment of the employer does not make provision for mixed functions the provisions of 19(b) shall apply.

 

b)         A builder's labourer engaged for more than half of one day or shift on duties carrying a higher rate than their ordinary classification shall be paid the higher rate for such day or shift. If for less than half of one day or shift the employee shall be paid the higher rate for the time so worked.

 

20.       SHIP WORK - PAINTERS

 

20.1      Fares and Time Allowance

 

20.1.1   On ship work the working time shall commence and shall terminate at the employer's dock or workshop and all fares from such dock or workshop incurred by the employee shall be paid by the employer.

 

20.1.2   Where the employee is not required to attend at the employer's workshop or dock but goes direct to the ship, the employee shall be paid an allowance to cover fares and time equal to the excess fares and excess time, respectively, if any, actually and reasonably spent above what would be required to go direct to the employer's dock or workshop.

 

20.2      Sea Jobs (Ship Work)

 

20.2.1   Employees travelling from port to port shall be paid one day's pay for each Sunday or holiday at ordinary time if not working and overtime if working whilst absent from the port from which they were sent and, when the ship sails on a Sunday or on a holiday, a full day's pay shall be allowed for that day.

 

20.2.2   In the event of the work being finished in any other port, the employer shall pay the return fare and an employee shall be paid the wages prescribed in 16.3 until their return to the port from which the employee was sent.

 

20.3      Special Places (Ship Work)

 

20.3.1   Special places shall include:

 

a)         A compartment or space to which is through a manhole or similar opening or a place the dimensions of which necessitate an employee working in a stooped or otherwise cramped position without proper ventilation.

 

b)         All spaces on warships that have no port ventilation, including steering compartments (auxiliary) stores, magazines, shell rooms, magazine cooling compartments, switchboard rooms, ammunition lobbies, torpedo head magazines, small arm magazines, lower conning towers, fire controls, motor generating compartments, interiors of submarines and any place entered by a manhole or small watertight hatch doors.

 

20.3.2   Work in special places shall be paid an amount extra as set out in Item 45 of Table 2 Monetary Rates.

 

20.3.3   Special Rates

 

In addition to the wages prescribed 16.3, the following rates shall be paid for work under the conditions mentioned, irrespective of the times at which the work is performed, but such extra rate shall not be subject to penalty for overtime, Sunday or holiday duty, viz: insulations when granulated cork is used, an amount per hour as set out in Item 46 of the Table 2.

 

20.3.4   When more than one of the above rates provide payment for disabilities substantially of the same nature, then only the highest of such rates shall be payable.

 

20.4      Special Work

 

20.4.1   Employees required to remove bituminous compounds from woodwork by the use of sanding machines shall be paid an extra rate as set out in Item 47 of Table 2.

 

20.5      Painting New Cork-dusted Surfaces

 

20.5.1   An employee required to paint new cork-dusted surfaces either by brush or spray shall, if not given at least one-third of time of each working day on other work than the said work, be allowed 15 minutes rest in the morning working period and 15 minutes rest in the afternoon working period, to be taken either in one interval two hours after the commencement of the morning and afternoon working period, respectively, or in intervals of not less than five minutes, distributed through the morning and afternoon working period at the option of the employer.

 

21.       FARES AND TRAVELLING TIME

 

When an employee, after reporting to the usual place of work, is required to perform work at another place the employee shall be paid all fares and travelling time incurred. When an employee is required to report for work at a place other than the usual place of work the employee shall be paid all fares reasonably incurred in excess of those the employee normally would incur attending at the usual place of work and shall be paid all travelling time in excess of that taken to reach the usual place of work.

 

22.       LIVING AWAY FROM HOME - DISTANT WORK

 

22.1      Qualification

 

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

 

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

 

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

 

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

 

22.1.2   Subject to subclause 22.2 of this clause an employee is regarded as bound by the statement of their address and no entitlement shall exist if unknowingly to the employer the employee wilfully and without duress made a false statement in relation to the above.

 

22.2      Employee's Address

 

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

 

a)         the address of the place of residence at the time of application; and

 

b)         the address of the separately maintained residence, if applicable.

 

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

 

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

 

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

 

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

 

22.2.5   Any dispute arising in respect of this clause shall be dealt with via the dispute resolution procedures in clause 9 of this award.

 

22.3      Entitlement

 

22.3.1   Where an employee qualifies under 22.1 above, the employer shall either:

 

a)         provide the worker with reasonable board and lodging or pay an allowance set out in Item 50 of Table 2 per week of seven days but such allowance shall not be wages.

 

b)         In the case of broken parts of the week occurring at the beginning or the ending of the employment on a distant job the allowance set out in Item 51 of Table 2 per day.

 

c)         Provided that the foregoing allowances shall be increased if the employee satisfies the employer that the employee reasonably incurred a greater outlay than that prescribed. In the event of disagreement the matter may be referred to the Industrial Commission;

 

"Reasonable board and lodging" shall mean lodging in a well kept establishment with three adequate meals each day, adequate furnishings, good bedding, good floor coverings, good lighting and heating and with hot and cold running water in either a single or twin room if a single room is not available.

 

22.4      Travelling Expenses

 

22.4.1   An employee who is sent by their employer or selected or engaged by an employer or agent to go to a job which qualifies the employee to the provision of this clause shall not be entitled to any benefit prescribed by clause 21, of this award, for the period occupied in travelling from their usual place of residence to the distant job, but in lieu thereof shall be paid:

 

a)         Forward Journey

 

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

 

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

 

iii)        For any meals incurred while travelling at an amount set out in Item 52 of Table 2 per meal. Provided that the employer may deduct the cost of the forward journey fare from an employee who terminates or discontinues their employment within two weeks of commencing on the job and who does not forthwith return to their place of engagement.

 

b)         Return Journey

 

i)          An employee shall, for the return journey, receive the same time, fares and meal payments as provided in 22.4(a) above, together with an amount set out in Item 53 of Table 2 to cover the cost of transporting himself and their tools from the main transport terminal to their usual place of residence.

 

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

 

c)         Departure Point

 

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

 

22.5      Daily Fares Allowance

 

a)         An employee engaged on a job which qualifies the employee to the provisions of this clause and who is required to reside elsewhere than on the site (or adjacent to the site and supplied with transport) shall be paid the allowance prescribed by clause 22 of this award.

 

22.6      Weekend return Home

 

22.6.1   An employee who proceeds to a distant job may, after two months' continuous service thereon and thereafter at three-month periods of continuous service thereon, return to their home at the weekend.

 

22.6.2   If the employee does so, the employee shall be paid the amount of a second class return railway fare on the payday which immediately follows the date on which the employee returns to the job.

 

22.6.3   No delay not agreed to by the employer takes place in connection with the employee's commencement of work on the morning of the working day following the weekend. In the event of such a delay the employer shall not be required to pay the amount specified in 22.6.2

 

22.6.4   If the work upon which the employee is engaged will terminate in the ordinary course within a further 28 days after the expiration of any such period of two or three months as is hereinbefore mentioned, then the provisions of this subclause shall not be applicable.

 

22.6.5   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 their representative, no later than Tuesday of each week of their intention to return home at the weekend, and who returns home for the weekend, shall be paid an allowance as set out in Item 54 of Table 2 for each such occasion.

 

This shall not apply to an employee who is receiving the payment prescribed in subclause 22.3 of this clause, in lieu of board and lodging being provided by the employer.

 

22.6.6   Where an employee returns home for a weekend or part of a weekend and does not absent themself from the job for any of the ordinary working hours, no reduction of the allowance prescribed in subclause 23.3 of this clause shall be made

 

22.7      Air Travel

 

22.7.1   Notwithstanding the provisions 22.3, where the location of a job is such that the employer elects to provide air travel in lieu of other forms of transport, an employee may go home after six months' continuous service and shall, in such circumstances, be entitled to an additional two days' pay.

 

22.7.2   Payment for leave shall be made at completion of the first pay period commencing after the date of return to the job.

 

22.8      Termination

 

22.8.1   An employee while so employed on a distant job, shall be entitled to notice of termination in sufficient time to arrange suitable transport at termination or shall be paid as if employed until transport is available.

 

23.       PAYMENT OF WAGES

 

23.1      Time of Payment

 

a)         All wages shall be paid in cash, not later than Thursday of each week, provided that employers who have been paying on Friday prior to 3 September 1992 shall continue that practice.

 

23.2      Payment by cheque or electronic funds transfer

 

a)         Where an employer and employee agree, the employee may be paid their wages by cheque or direct transfer into the employee's bank (or other recognised financial institution) account. Notwithstanding this provision, if the employer and the majority of employees agree, all employees may be paid their wages by cheque or direct transfer into an employee's bank (or other recognised financial institution) account, provided that in the case of employees paid by cheque, the employer shall, on pay day, if it is required by the employee, have a facility available during ordinary hours for the encashment of the cheque.

 

b)         All time spent waiting by an employee in excess of fifteen minutes beyond the finishing time on pay day shall be paid at overtime rates.

 

c)         i)          Employees who actually work 38 ordinary hours each week in accordance with subclause

11.3.1 (a) and (b) shall be paid weekly according to the actual ordinary hours worked. 

 

ii)         Employees who work an average of 38 ordinary hours per week in accordance with subclause 11.3.1 (c) and (d) shall withhold 0.4 of an hour's pay per day for each 8 hour day worked. Such accrued time shall be paid on the employee's scheduled rostered day off.

 

23.3      Alternative Method of Payment

 

a)         Provided that in the case of an employee who prior to the making of this award was paid by a method different from that provided for in subclause 23.1(d) of this clause, such method shall continue.

 

b)         Provided further that, where the employer and the majority of employees concerned agree, an alternative method of paying wages to that provided in subclause 23.1(d) of this clause may be introduced.

 

23.4      Day Off coinciding with Pay Day

 

a)         In the event that an employee by virtue of the arrangement of their ordinary working hours is to take a day off on a day which coincides with pay day, such employee shall be paid no later than the working day immediately following pay day. Provided that, where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

 

23.5      Termination of Employment

 

a)         An employee discharged from employment for reasons other than misconduct before the recognised pay day shall be paid forthwith all wages due. 

 

b)         An employee who terminates their employment or is discharged for reasons of misconduct shall have their wages forwarded to them by post the next working day. 

 

c)         Provided that in the case of employees who work in accordance 11.3.1(c) and (d), such payments are to include the balance of accruals towards their next rostered day off.

 

23.6      Pay Slips

 

23.6.1   On or prior to pay day, the employer shall state to each employee in writing the amount of wages to which the employee is entitled, the amount of deduction made therefrom and the net amount being paid to the employee.

 

23.7      Employer Records

 

23.7.1   Section 129 of the Industrial Relations Act shall be read as a term of this Award.

 

24.       PROTECTION OF EMPLOYEES

 

24.1      All Employees

 

24.1.1   First Aid

 

a)         An appropriate first-aid kit and other equipment as required by the law of New South Wales shall be provided and maintained by the employer.

 

b)         Where an employee under this award is a qualified first-aid person and is appointed to carry out duties as a qualified first-aid person, such employee shall be paid an additional amount per day as set out in Item 55 of Table 2 Monetary Rates.

 

24.1.2   The employer shall comply with the provisions of the laws of the State in which the work is being performed concerning the installation and maintenance of guards for machinery.

 

24.1.3   Suitable asbestos sheets and/or coloured glasses shall be provided by the employer for the protection of employees working at Oxy- acetylene or electric arc welding.

 

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

 

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

 

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

 

24.2      Apprentices

 

24.2.1   Where necessary the employer shall provide overalls, boots goggles, gloves and masks for the use of apprentices engaged upon the classes of work covered by this award.

 

24.2.2   Gloves, and at the request of the apprentice, hand protective paste, shall be provided by the employer for apprentices engaged in handling hot bitumen, creosote, oiled formwork and in washing down brickwork.

 

24.2.3   The employer shall provide gas masks for apprentices engaged upon work where gas is present.

 

24.3      Carpenters and Bricklayers

 

24.3.1   The employer shall provide the following tools, when they are required, for the work to be performed by the employees: 

 

a)         Bricklayers - scutch combs; hammers excepting mash and brick hammers; rubber mallets; T-squares.

 

b)         Carpenters - dogs and cramps of all descriptions; augers of all sizes; bars of all descriptions over 60cm long; star bits not ordinarily used in a brace; hammers, excepting claw and tack hammers; glue pots and glue brushes; doll plates; trammels; hand and thumb screws; spanners and soldering irons. 

 

c)         Carpenters and Bricklayers shall be supplied, when required, with all power tools and steel tapes over 6 metres.

 

24.4      Painters

 

24.4.1   No employee shall be required to use a paint brush exceeding 12.7cm in width or 227g in weight or a kalsomine brush exceeding 20.3cm in width.

 

24.4.2   An employee shall not be required to use a roller in excess of 30cm in width on the painting or ceiling or walls.

 

24.4.3   Employees working in battery rooms or like places where acids or caustic soda are stored shall be provided with overalls. Such overalls shall be disinfected periodically in accordance with the Department of Health, NSW requirements for the disinfection of clothing whilst in use and before being issued to another person. 

 

24.4.4   An employee shall not be required to carry paint or other materials, the property of the employer, from job to job. By arrangement, brushes may be taken to and from a job by the painter. This provision shall not apply where paint or materials are carried to or from a job in a vehicle belonging to the employer. 

 

24.4.5   The employer shall provide sufficient facilities for washing and five minutes shall be allowed before lunch and before finishing time to enable employees to wash and put away gear.

 

24.5      Plumbers and Gasfitters

 

24.5.1   The following tools shall be provided by the employer: Metal pots, mandrills, long dummies, stock and dies for iron, copper and brass pipes, cutters, tongs, vices, taps and drills, ratchets, files, clamps, caulking tools, hacksaw and blades, welding and brazing outfits, goggles where necessary and liquid petroleum gas equipment where necessary, and all shop tools, the usual kit bag of tools only to be supplied by the employee.

 

24.5.2   The employer, if requested to do so by an employee who is required to work in any place, such as cooling or freezing chambers, where the temperature is below 4.5 degrees Celsius shall supply such employee with a clean blanket suit properly disinfected in accordance with the requirements of the Department of Health, NSW. In each case the blanket suit shall be washed and properly disinfected as aforesaid before being issued to another employee. 

 

24.5.3   All rope and gear shall be of sound material and shall be used or stored in such a way that it does not come in contact with sharp edges, acids or acid fumes.

 

24.5.4   Employees working in battery rooms or like places where acids or caustic soda are stored or used shall be provided with gloves, overalls, and rubber boots to be periodically disinfected in accordance with the requirements of the Department of Health, New South Wales, for disinfecting clothing while in use and before being issued to another person. 

 

24.5.5   The employer shall provide a suitable gas mask at the place of work where the employee is required to work on a live gas service.

 

24.5.6   The employer shall provide a trolley with rubber tyres for the conveyance of Oxy and/or acetylene bottles on and around shops and jobs where practicable. 

 

24.5.7   Where an employee is working in an area where there are signs of radiation the employee shall be supplied with protective clothing including gloves.

 

24.6      Builders' Labourers

 

24.6.1   Employers shall provide all necessary plant and tools, free of charge. The employee shall replace or shall pay for any tools so provided if lost through their negligence.

 

24.6.2   Where necessary the employer shall provide overalls, boots, gloves, goggles and masks for work in furnaces, retorts and cleaning down brickwork with acids.

 

24.7      Special Transport of Injured Persons

 

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

 

25.       AMENITIES

 

25.1      Tool Sheds, Dressing, Accommodation and Lockers

 

25.1.1   The employer shall provide, at the place of work, a suitable and secure waterproof lockup for the purpose of storing employee's tools. Where such lock up is not provided and tools are stolen by reason of the employer default the employer shall compensate the employee to the extent of the loss.

 

25.1.2   The employer shall provide suitable weatherproof dressing accommodation and lockers with suitable locks and protection against dust. Such lockers shall be suitable for the stowing of food and shall not contain paint material.

 

25.2      Provision of Boiling and Drinking Water

 

25.2.1   At meal times and rest periods boiling water, reasonably accessible, shall be provided by the employer.

 

25.2.2   Cool drinking water shall be provided by the employer, in a reasonably accessible place.

 

26.       TOOLS AND CLOTHING

 

26.1      Damage to Tools and Clothing

 

26.1.1   An employee whose clothing, spectacles, hearing aids or tools are damaged or destroyed by fire or spoiled by acids or sulphur or other deleterious substances due to the circumstances of the employee's employment shall be recompensed by the employer to the extent of the loss.

 

26.1.2   Employees engaged in installing brine or ammonia pipes or repairs to same who have their clothing or boots destroyed or damaged shall be reimbursed the amount of damage sustained.

 

26.2      Insurance of Tools and Clothing

 

26.2.1   An employee shall be reimbursed by their employer to a maximum as set out in Item 56 of Table 2, for loss of tools or clothes by fire or breaking and entering whilst securely stored at the employer's direction in a room or building on the employer's premises, job or workshop or in a lock-up, or if the tools are lost or stolen while being transported by the employee at the employer's direction, or if the tools are lost over water or if the tools are lost or stolen during an employee's absence after leaving the job because of injury or illness.

 

26.2.2a)           Where an employee is absent from work because of illness or accident and has advised the employer in accordance with clause 33, Sick Leave, of the parent award, the employer shall ensure that the employee's tools are securely stored during their absence.

 

b)         Where an employer requires an employee to wear spectacles with toughened glass lenses the employer will pay the cost of the toughening process.

 

c)         Provided that, for the purposes of this clause:

 

i)          Only tools used by the employee in the course of their employment shall be covered by this clause.

 

ii)         The employee shall, if requested to do so, furnish the employer with a list of tools so used.

 

iii)        Reimbursement shall be at the current replacement value of new tools of the same or comparable quality.

 

iv)        The employee shall report any theft to the police prior to making a claim on the employer for replacement.

 

26.2.3   Sharpening Tools

 

a)         The employer shall supply suitable sand grinding stone or carborundum stone for the use of the employees. Where such grindstone or carborundum stone is not driven by mechanical power the employer shall provide assistance in turning the grindstones and/or carborundum stone.

 

b)         Saw sharpening and tool grinding may be done by the employee during the progress of the work or the employer shall pay or shall provide the same.

 

27.       APPRENTICES

 

27.1      Proportion

 

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

 

27.1.2   If through lack of work the services of a tradesman must be dispersed with the foregoing proportion shall, as far as possible, be maintained by lessening the number of trainee apprentices employed.

 

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

 

27.1.4   This clause shall not affect the proportion of apprentices to tradesmen for whom approval has been granted prior to the operation of this award.

 

27.2      Transport of Apprentice's Tools

 

27.2.1   Where the apprentice is required to transfer from one job to another an employer shall provide transport for the apprentice's tools to the nearest public conveyance. On termination of employment, the employer shall provide transport for the apprentice's tools to the nearest public conveyance except where the apprentice gives notice in accordance with 30.8, Termination of Employment.

 

27.3      Special Conditions to Apply to Apprentices Engaged on Construction or Repairs to Refractory

 

27.3.1   Brickwork Gloves shall be supplied when apprentices are engaged on repair work and shall be replaced as required, subject to apprentices handing in the used gloves. Boots shall be supplied upon request of the apprentice after six weeks employment, the cost of such boots to be assessed as set out in Item 57 of Table 2, and apprentices are to accrue credit at the rate per week as set out in the said Item 57. Apprentices leaving or being dismissed before 20 weeks employment shall pay the difference between the credit accrued and the amount assessed for the cost of the boots. The right to accrue credit shall commence from the date of request for the boots. In the event of boots being supplied and the apprentice not wearing them while at work, the employer shall be entitled to deduct the cost of the boots if the failure to wear them continues after one warning by the employer. Upon issue of the boots apprentices may be required to sign an authority form. Boots shall be replaced each six months, dating from the first issue. Where necessary, when apprentices are engaged on work covered by clause 17 overalls will be supplied upon request of the employee and on the condition that they are worn while performing the work.

 

27.4      Term of Apprenticeship

 

27.4.1   The period of apprenticeship shall not exceed four years. 

 

NOTE: See also pre-apprenticeship credit under clause 16.5.2 with respect to periods of apprenticeship for persons who have completed the pre-apprenticeship course in the above mentioned trades.

 

27.4.2   Apprentices shall for every day of absence from their work during any year of the term of apprenticeship without the consent of their employer serve one day at the end of the calendar period of any such year of their apprenticeship if required so to do by the employer and the calendar period of the next succeeding year of apprenticeship shall be deemed not to begin until the said additional day or days have been served: Provided that in calculating the extra time to be so served the apprentice shall be credited with time which the employee has worked during the relevant year in excess of their ordinary hours of service.

 

27.5      Limitation of Overtime

 

27.5.1   No apprentice under the age of 18 years shall be required to work overtime unless the employee so desires.

 

27.5.2   No apprentice shall, except in an emergency work or be required to work overtime at times which would prevent their attendance at technical school as required by any statute, award or regulation application to the apprentice.

 

27.5.3   An apprentice shall not work overtime except under the direction of a tradesperson.

 

27.6      Prohibition of Labouring Work

 

27.6.1   An apprentice shall be deemed to be working at the trade when working in association with a tradesperson upon the material and with the tools of trade usually used by a tradesperson, as the case may be.

 

27.6.2   An apprentice shall not perform any other work than with the materials and tools of trade usually used by a tradesperson, as the case may be.

 

27.7      Termination of Employment of Trainee Apprentices

 

27.7.1   Two weeks' notice of the termination of employment shall be given by either party.

 

 

27.8      TAFE Fees

 

27.8.1   The fees for attending such school or correspondence class shall be paid by the employer by whom the apprentice is employed. Such fees shall be paid at the beginning of each school year. The obligation of the employer in regard to fees payable in respect of apprentices undergoing studying the certificate diploma or degree courses shall be limited to those prescribed for the appropriate trade course.

 

28.       ANNUAL LEAVE

 

a)         Except as otherwise provided in this clause every employee shall at the end of each year of employment by an employer become entitled to an annual holiday on ordinary pay, such annual holiday shall be four weeks.

 

b)         Except, as where otherwise provided in this clause, the provisions of the Annual Holidays Act 1944 shall apply.

 

29.       ANNUAL LEAVE LOADING

 

a)         In this clause, the Annual Holidays Act 1944 is referred to as "the Act".

 

b)         Before an employee is given and takes annual holidays, or where by agreement between the employer and the employees 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 (f) of this clause.)

 

c)         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.

 

d)         The loading is to be calculated in relation to any period of annual leave to which the employee becomes entitled under the Act and this award, or, where such leave is given in separate periods, then in relation to each period.

 

e)         The loading is the amount payable for the period or separate period, as the case may be, at the rate per week of 17.5 per cent of appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing their annual holiday, together with the following award allowances where applicable, namely: leading hand allowances, tool allowances, allowances for special rates (where those rates are deemed "all-purpose" as stipulated in this award), but shall not include any other allowances, penalty or disability rates, commissions, bonuses, incentive payments, overtime rates or other payments prescribed by this award.

 

f)          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 (d) of this clause applying the award rates of wages payable on that day.

 

g)         Where in accordance with the Act or this award the employee's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or a leave without pay to the employees concerned:

 

i)          an employee who is entitled under the Act or this award to an annual holiday and who is given and takes such holiday shall be paid the loading calculated in accordance with subclause (e) of this clause;

 

ii)         an employee who is entitled under the said Act of this award 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 this award such proportion of the loading that would have been payable under this clause if the employee had become entitled to an annual holiday prior to the close down, as their qualifying period of employment in completed weeks bears to 52.

 

h)       i)           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 (e) of this clause for the period not taken.

 

ii)         Except as provided by paragraph (i) of this subclause no loading is payable on the termination of an employee's employment

 

30.       SICK LEAVE

 

30.1

 

30.1.1   In any establishment where sick leave is prescribed by an award, determination or agreement, Commonwealth or State, for the majority of employees in that establishment such provision shall apply to an employee otherwise entitled to sick leave in accordance with the provisions of this clause in lieu of the said provisions: Provided that the employee shall, in any case, be entitled to qualify, subject to the aforesaid conditions for sick leave of not less than that prescribed in 30.2.1(c) of this clause

 

30.1.2   This clause shall not apply to Plumber and Gasfitters or Painters paid pursuant to clause 16.3.1(a) or clause 12.2.1(b)(ii).

 

30.2      Entitlement to Sick Leave

 

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

 

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

 

b)         The employee shall prove to the satisfaction of the employer (or in the event of dispute, the Industrial Relations Commission of New South Wales) that the employee was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed. 

 

c)         An employee shall be entitled to sick leave entitlement at the rate of 10 days for each year of service.

 

30.3      Accumulation of Sick Leave

 

a)         The rights under this clause shall accumulate from year to year so that any balance of the period of sick leave entitlement not taken may, subject to the conditions prescribed by this clause, be claimed by the employee and shall be allowed by the employer in any subsequent year of employment.

 

b)         Any rights which accumulate, pursuant to this subclause, shall be available the employee for a period of 4 years but for no longer, from the end of the year in which they accrued.

 

30.4      Workers Compensation and Sick Leave

 

34.4.1   If an employee is suffering from an illness or injury for which a workers' compensation claim is made, the employee shall be paid sick leave while waiting for the claim to be approved provided that:

 

a)         An appropriate medical certificate is produced.

 

b)         The employee has sick leave accrued.

 

c)         And further provided that:

 

i)           There shall be no double counting of workers' compensation and sick leave. 

 

ii)          If the claim is approved the employee's sick leave entitlements will be re-credited.

 

iii)        If the employee receives payment directly from an insurance company and has received sick leave payments from the employer, the dollar value of the sick leave payment shall be reimbursed to the employer.

 

30.5      Apprentices

 

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

 

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

 

30.5.3   A medical certificate shall be furnished for absence in excess of two days.

 

31.       STATE PERSONAL/CARER'S LEAVE

 

31.1      Use of Sick Leave

 

31.1.1   An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 31.1.3(b), 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 30, 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.

 

31.1.2   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. 

 

31.1.3   The entitlement to use sick leave in accordance with this subclause is subject to: 

 

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

 

b)         the person concerned being: 

 

i)           a spouse of the employee; or 

 

ii)         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

 

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

 

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

 

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

 

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

 

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

 

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

 

31.1.4   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.

 

31.2      Unpaid Leave for Family Purpose

 

31.2.1   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 31.1.3(b) who is ill.

 

31.3      Annual Leave

 

31.3.1   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. 

 

31.3.2   Access to annual leave, as prescribed in 31.3.1, shall be exclusive of any shutdown period provided for elsewhere under this award. 

 

31.3.3   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.

 

31.4      Time Off in Lieu of Payment for Overtime 

 

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

 

31.4.2   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. 

 

31.4.3   If, having elected to take time as leave in accordance with 31.4.1 leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

31.4.4   Where no election is made in accordance with 31.4.1 the employee shall be paid overtime rates in accordance with the award.

 

31.5      Make-up Time

 

31.5.1   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.

 

31.5.2   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.

 

31.6      Rostered Days Off

 

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

 

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

 

31.6.3   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. 

 

31.6.4   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.

 

32.       JURY SERVICE

 

a)         An employee required to attend for jury service shall be entitled to have their pay made-up by the employer to equal the employee's ordinary pay.

 

b)         The employee shall give the employer proof of such attendance and the amount received in respect of such jury service.

 

33.       BEREAVEMENT LEAVE

 

a)         An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death in Australia of a person prescribed in subclause (c) of this clause. Provided that by agreement with the employer an employee shall, in addition to paid bereavement leave, be entitled to reasonable unpaid bereavement leave of up to five working days.

 

b)         The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide, to the satisfaction of the employer, proof of death.

 

c)         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 31.1.3(b) provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

d)         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.

 

e)         Bereavement leave may be taken in conjunction with other leave available under subclauses 33.2, 33.3, 33.4, 33.5 and 34.6. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

34.       LONG SERVICE LEAVE

 

See Long Service Leave Act 1955.

 

35.       PIECEWORK

 

No employee shall execute any carpentry or joinery or bricklaying work for profit or reward except at the rates and under the conditions prescribed by this award.

 

36.       TERMS OF EMPLOYMENT

 

36.1      Assistant Riggers provided with statement on termination.

 

36.1.1   An employee classified or employed as an assistant rigger (as defined) shall, on termination of their employment or of their work in that classification for an employer, be supplied by such employer with a written statement signed by the employer showing the duration of their service with that employer as an assistant rigger.

 

37.       SUPERANNUATION

 

37.1      Definitions

 

37.1.1   For the purposes of this clause the following definitions shall apply:

 

a)         "Approved Fund" shall mean any one of the following funds: 

 

i)          C+BUS or the Australian Superannuation Savings Employment Trust (ASSET), as amended from time to time, and includes any superannuation schemes which may be made in succession thereto; or

 

ii)         an alternative superannuation scheme conforming to the Commonwealth Government's Operational Standards which is agreed to by the Union (as defined). Any dispute arising in relation to this issue shall be referred to the Industrial Relations Commission of New South Wales for determination. 

 

iii)        "Employee" means a person employed under the terms of this award and includes apprentices. 

 

iv)        "Ordinary-time earnings" of an employee shall mean the classification rate, and where applicable the leading hand allowance, supplementary payment, overaward payment, shift work premium and disability allowance (in the case of builders' labourers). 

 

v)         "Participating employer" shall mean an employer who has signed a deed of adherence to the trust deed of an approved fund.

 

37.2      Employer Contributions

 

37.2.1   After consultation with their employees, the employer shall nominate the approved fund to which the contributions shall become payable and shall apply to the trustee of the Fund to become a participating employer; and each employee shall make application to be a member of the approved fund.

 

37.2.2   Each employer shall pay to the trustee of the approved fund on behalf of each employee covered by this award, an amount equivalent of 3 per cent of ordinary time earnings (as defined) per pay period rounded to the nearest whole dollar.

 

37.3      Employers bound by other Schemes

 

An employer already paying contributions on behalf of an employee to a pre-existing superannuation scheme shall not be required to make additional contributions in accordance with subclause (2) of this clause where; provided that: 

 

a)         contributions have been made on behalf of an employee to a fund which conforms to the Government's Operational Standards for Occupational Superannuation; and 

 

b)         such contributions are not less than that stipulated in subclause (2) of this clause.

 

37.4      Majority

 

a)         Where the majority of employees in a particular mixed enterprise are already covered by a pre-existing superannuation scheme which conforms to the Commonwealth Government's Operational Standards for Occupational Superannuation this clause will not apply provided that: 

 

i)          the employer had been making contributions to that scheme for that majority prior to the operative date of the clause; and 

 

ii)         the employer makes contributions backdated to commence from the operative date of this clause or the date of commencement of employment, whichever is the later, at a rate not less than 3 per cent of ordinary time earnings for each employee otherwise covered by this clause.

 

37.5      Unpaid Absences - An employer shall not be required to make a contribution on behalf of an employee who is absent from work without pay.

 

37.6      Employee Contributions

 

a)         Subject to the rules of the Fund, employees who may wish to make contributions to the Fund additional to those being paid pursuant to subclause (2) of this clause shall be entitled to do so. Such employees may forward their own contributions directly to the Fund administrators or, where it is practicable to do so, authorise the employer to pay into the Fund from the employee's wages amounts specified by the employee. 

 

b)         Additional employee contributions to the Fund forwarded by the employer at the employee's request shall be subject to the following conditions. 

 

i)          The amount of contributions shall be expressed in whole dollars.

 

ii)         Employees shall have the right to adjust the level of their own contributions from the first of the month following the giving of one month's written notice to the employer. Provided that by agreement with the employer, employees may, at other times, vary their additional contributions in extenuating circumstances.

 

37.7      Cessation of Contributions

 

37.7.1   An employee's eligibility for employer contributions to the Fund will cease on the last day of employment with the employer and the employer shall not be required by this clause to make any contributions to the Fund in respect of any period beyond that last day of employment.

 

37.8      Approved Status

 

37.8.1   Should the Approved Fund lose its approved status under the Income Tax Assessment Act or if the scheme fails to conform fully to the standard laid down by the office of the Occupational Superannuation Commissioner the employer may suspend employer contributions immediately and until such time as compliance is achieved.

 

37.9      Exemptions

 

37.9.1   This award shall not apply to Australian Co-operative Foods Ltd.

 

38.       REDUNDANCY

 

38.1      APPLICATION

 

38.1.1   This clause shall apply to both full‑time and part‑time employees.

 

38.1.2   This clause shall apply to employers who employ 15 or more employees (including employees not covered by this award) immediately prior to the termination of employment of employees in the terms of subclause 38.4.

 

38.1.3   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 no 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.

 

38.1.4   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.

 

38.2      INTRODUCTION OF CHANGE

 

38.2.1   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 effects 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.

 

c)         Provided that where this award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

38.2.2   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 39.2.1(a), 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 discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph 39.2.1(a) of this subclause.

 

38.2.3   For the purpose of such discussion, 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 effect of the changes on 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.

 

 

38.3      REDUNDANCY

 

38.3.1   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 to be done by anyone pursuant to 39.2.1(a), 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 provision of subparagraph (a) of this paragraph and shall cover, inter alia, any reasons 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 purposes of the discussions the employer shall, as soon as 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.

 

38.4      TERMINATION OF EMPLOYMENT

 

38.4.1   Notice for changes in production, programme, organisation or structure:

 

a)         This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, programme, organisation or structure in accordance with subparagraph 39.2.1(a).

 

b)         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

 

c)         In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years continuous service shall be entitled to an additional week's notice.

 

d)         Payment in lieu of the 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.

 

38.4.2   Notice for technological change:

 

a)         This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from technology in accordance with subparagraph 39.2.1(a)

 

b)         In order to terminate the employment of an employee the employer shall give to the employee three months notice of termination.

 

c)         Payment in lieu of the 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

d)         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.

 

38.4.3   Time off during the 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 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.

 

38.4.4   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 as those to which the employee would have been entitled 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.

 

38.4.5   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.

 

38.4.6   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 the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

38.4.7   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.

 

38.4.8   Transfer to lower paid duties

 

Where an employee is transferred to lower paid duties for reasons set out in 39.2, 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 rates for the number of weeks of notice still owing.

 

38.5      SEVERANCE PAY

 

38.5.1   Where the employment of an employee is to be terminated pursuant to subclause 39.4, 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 ordinary weekly rate of pay for the employee concerned at the date of termination. It shall include, in addition to ordinary rates of pay, overaward payments, shift penalties and allowances paid in accordance with clause 19 ‘Leading Hands’.

 

38.5.2   Incapacity to Pay:

 

a)         Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph 39.5.1 of this subclause.

 

b)         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 39.5.1 will have on the employer.

 

38.5.3   Alternative Employment

 

Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in the said paragraph 39.5.1, if the employer obtains acceptable alternative employment for an employee.

 

38.5.4   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 arrangement, taken as a whole, between the union and any employer bound by this award.

 

39.       TRADE UNION TRAINING LEAVE

 

39.1      DEFINITIONS

 

39.1.1   "Union" means the Construction Forestry Mining and Energy Union Building and General Division (New South Wales Branch).

 

39.1.2   "Delegate" means any employee who is elected to represent the union by the other workers and who the union notifies the employers as being their duly elected representative.

 

39.2      TRADE UNION TRAINING LEAVE

 

39.2.1   Subject to all qualifications in this clause, an employee appointed or elected as an accredited representative of the union [as defined] to which he/she belongs shall, upon application in writing to the employer, be granted up to [5] five days leave with pay each calendar year non-cumulative to attend courses conducted or approved by the Australian Trade Union Authority.

 

39.2.2   Such Courses shall be designed and structured with the objective of promoting good industrial relations within the offsite building and construction industry associated with mixed enterprises.

 

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

 

39.2.4   For the purpose of this clause an "accredited" representative of the union shall mean a steward/delegate recognised by the employer.

 

39.2.5   The following scale shall apply -

 

No. of Employees

Maximum number of employees

Maximum No. of

covered by this

eligible to attend  per year

days permitted

award

 

 

Up to 15

1

5

16 - 30

2

10

31 - 50

3

15

51 - 100

4

20

101 and over

5

25

 

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

 

a)         the name of employee seeking the leave;

 

b)         the period of time for which the leave is sought [including course dates and the daily commencing and finishing times]; and

 

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

 

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

 

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

 

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

 

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

 

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

 

39.2.12    Where an employee is sick during a period when leave pursuant to this clause has been granted proof of attendance at the course is not required for that period and the employee shall receive payment, if entitled, under the provisions of clause 30 of this Award

 

39.2.13    Leave of absence granted pursuant to this clause shall count as service for all purposes of the Award.

 

Part B

 

Monetary rates

 

Table 1 -Wages

 

 

Base Rate

Supplementary

SWC

Tool

Ordinary

 

 

Payment

Adjustments

Allowance

Weekly Rate

 

$

$

$

$

$

Carpenters &

367.30

38.20

82.00

19.70

507.20

Joiners

 

 

 

 

 

Bricklayers

367.30

38.20

80.00

14.00

499.50

Plumbers

369.60

38.00

82.00

19.70

509.30

including:

 

 

 

 

 

Gasfitters &

 

 

 

 

 

Drainers

 

 

 

 

 

Painters,

367.30

38.00

82.00

4.90

492.20

Including:

 

 

 

 

 

Signwriters

 

 

 

 

 

Marblers,

 

 

 

 

 

Grainers &

 

 

 

 

 

Artworkers

 

 

 

 

 

 

 

Builders Labourer

 

Classification

Previous Ordinary

SWC Adjustment

Current

 

 

Weekly Rate

2001

Ordinary

 

 

 

 

Weekly Rate

 

1.          Rigger, Dogman

431.40

13.00

444.40

2.          Scaffolder (as defined), powder

420.20

13.00

433.20

monkey hoist or winch driver, foundation

 

 

 

shaftman (as defined), concrete finisher (as

 

 

 

defined), steel fixer including tack welder

 

 

 

3.          Bricklayer’s labourer, plaster’s

408.00

13.00

421.00

labourer, assistant rigger (as defined),

 

 

 

assistant powder monkey (as defined)

 

 

 

demolition work (after 3 months experience)

 

 

 

gear hand, pile driver (concrete),

 

 

 

hammerman, mixer driver (concrete), steel

 

 

 

erector, aluminium alloy structural erectors,

 

 

 

(whether pre-fabricated or otherwise), gantry

 

 

 

hand or crane hand, crane chaser, cement gun

 

 

 

operator, concrete cutting or drilling machine

 

 

 

operator, concrete gang including concrete

 

 

 

floater (as defined), roof layer (malthoid or

 

 

 

similar material) dump cart operator, under

 

 

 

pinner, steel or bar bender to pattern or plan,

 

 

 

concrete formwork stripper

 

 

 

4.          Builder’s labourer employed on

384.20

13.00

397.20

work other than that specified in (1) to (3)

 

 

 

hereof

 

 

 

 

Apprentices

 

Carpenters/Joiners/Bricklayers/Painters

 

 

Indentured

Trainees

1st Year

169.60

190.00

2nd Year

247.80

278.20

3rd Year

328.10

380.60

4th Year

383.80

405.10

 

Plumbers

 

1st Year

171.00

193.20

2nd Year

250.00

281.10

3rd Year

329.40

383.50

4th Year

387.40

409.00

 

 

Table 2 - Allowances

 

 

Item

Clause

Description

Amount

 

1

 

Tool Allowance

 

 

 

16.1

Carpenter/Joiner

$ 19.70 per week

 

 

16.1

Bricklayer

$ 14.00 per week

 

 

16.2

Plumber

$ 19.70 per week

 

 

16.3

Painter

$ 4.70 per week

 

 

16.4

Plumber - Registration Allowance

$ 0.50 per hour

 

2

 

Adjustments

 

 

 

16.2.2

Ships Plumber

$ 0.21 per hour

 

 

16.2.3

Drainer (amount to be deducted)

$ 0.05 per hour

 

 

16.3.2

Signwriter

$ 0.35 per hour

 

 

16.3.3

Marbler and Grainer

$ 0.35 per hour

 

 

16.3.4

Ship Painter

$ 0.28 per hour

 

 

16.3.4(b)

Casual Ships Painter

$ 10.92 per day

 

 

16.3.5

Signwriter, Grainer, Marbler on Ship work

$ 0.60 per hour

 

 

16.3.6(a)

Artworker Grade 2

$ 0.34 per hour

 

 

16.3.6(b)

Artworker Grade 1

$ 0.62 per hour

 

 

 

All Employees

 

3

17.2.1

Insulation

$ 0.53 per hour

 

4

17.2.2

Hot Work

 

 

 

 

between 46 and 54 degrees

$ 0.43 per hour

 

 

 

exceeding 54 degrees

$ 0.53 per hour

 

5

17.2.3

Cold Work

$ 0.43 per hour

 

6

17.2.4

Confined Spaces

$ 0.53 per hour

 

7

17.2.5

Swing Scoffold

 

 

 

 

first four hours

$ 3.12

 

 

 

every hour after

$ 0.61 per hour

 

8

17.2.6

Wet Work

$ 0.43 per hour

 

9

17.2.7

Dirty Work

$ 0.43 per hour

 

10

17.2.8

Towers Allowance

 

 

 

 

above 15 meters in height

$ 0.43 per hour

 

 

 

each additional 15 meters

$ 0.43 per hour

 

11

17.2.9

Toxic Substances

 

 

 

 

preparation and application

$ 0.53 per hour

 

 

 

when air conditioning plant not operating

 

 

 

 

Close Proximity to employees so engaged

$ 0.35 per hour

 

 

 

 

 

 

 

 

 

$ 0.43 per hour

 

12

17.2.11

Computing Quantities

 

 

 

 

All Trades except Plumbers

$ 3.12 per day

 

 

 

Plumbers

$ 0.43 per hour

 

13

17.2.12

Asbestos Eradication

$ 1.44 per hour

Carpenters, Joiners and Bricklayers Only

 

 

14

17.3.1

Roof Work

$ 0.53 per hour

 

15

17.3.2

Ship Repair

$ 10.46 per week

 

16

17.3.3

Second Hand Timber

$ 1.69 per day

 

17

17.3.4

Acid Work

$ 1.14 per hour

 

18

17.3.5

Cleaning Down Brick Work

$ 0.40 per hour

 

19

17.3.6

Bagging

$ 0.40 per hour

 

20

17.3.7

Brick Cutting Machine

$ 0.53 per hour

 

21

17.3.8

Heavy Blocks

 

 

 

 

weighting over 5.5 kg and under 9 kg

$ 0.43 per hour

 

 

 

weighting over 9 kg and under 18 kg

$ 0.77 per hour

 

 

 

weighting over 18 kg

$ 1.09 per hour

Carpenters, Joiners, Bricklayers and Painters

 

 

22

17.4.1

Tunnel and Shaft

$ 0.53 per hour

 

23

17.4.2

Furnace Work

$ 1.14 per hour

 

24

17.4.3

Explosive Power Tools

$ 1.02 per hour

Plumbers Only

 

 

25

17.5.1

Chokages

$ 4.92 per day

 

26

17.5.2

WC's Urinals

$ 0.53 per hour

 

27

17.5.3

Height Work

$ 0.43 per hour

 

28

17.5.4

Lead Burner

$ 0.54 per hour

 

 

 

Lead Burner in Chemical Works

$ 0.73 per hour

 

 

 

Oxyacetelyne or Electric Welding Certificate

 

 

 

 

Welding in Compliance with AS4041-1998

$ 0.40 per hour

 

 

 

 

 

 

 

 

Welding other then under 17.5.4(c)

$ 0.56 per hour

 

 

 

 

Min per day $ 4.38

 

 

 

 

$ 0.12 per hour

 

29

17.5.5

Using or inc close proximity to Asbestos

$ 0.53 per hour

 

30

17.5.6

Slaughter Yards

$ 1.02 per hour

 

31

17.5.7

Roof Work

$ 0.60 per hour

 

32

17.5.8

Use of Licences

 

 

 

 

Plumber’s Licence

$ 0.67 per hour

 

 

 

Gasfitter’s Licence

$ 0.67 per hour

 

 

 

Drainer’s Licence

$ 0.57 per hour

 

 

 

Plumber’s and Drainer’s Licence

$ 0.89 per hour

 

 

 

Plumber’s and Gasfitter’s Licence

$ 0.89 per hour

 

 

 

Gasfitter and Drainers Licence

$ 1.23 per hour

 

33

17.5.9

District Allowance

 

 

 

(a)

 

$ 0.71 per hour

 

 

(b)

 

$ 1.14 per hour

 

 

 (c)

 

$ 1.14 per hour

Ship Plumbers

 

 

34

17.6.1

Balast and Oil Tanks

$ 0.53 per hour

 

34

17.6.2

Bilges

$ 0.40 per hour

 

38

17.6.3

Diesel Engines

$ 0.40 per hour

Painters

 

 

37

17.7.2

Height Work

$ 0.40 per hour

 

38

17.7.3

Use of Rigging or Scaffold Certificate

$ 0.43 per hour

 

39

17.7.4

Spray Allowance

$ 0.43 per hour

 

40

17.7.5

Power Tools

$ 0.43 per hour

Builders Labours

 

 

41

16.4.2

Builders Labour on engaged on maintenance

$ 11.33 per week

 

 

16.4.3

Builders Labour other than on maintenance

$ 7.60 per week

 

42

17.8.1

Work on Acid Resistant Brick Work

$ 0.41 per hour

 

 

17.8.2

Boilers, furnaces, Kilns, etc

$ 0.41 per hour

 

 

 

 

 

 

43

17.9.1

Apprentices use of Rigging or Scaffold

$ 0.43 per hour

 

 

 

Certificate

 

 

44

18

 

Per week

 

 

 

Leading Hand

 

 

 

 

Carpenters and Bricklayers

 

 

 

 

In charge of:

 

 

 

 

not more than 1 person

$ 12.20 per week

 

 

 

more than 2 but not more than 5 persons

$ 26.90 per week

 

 

 

more then 5 but not more than 10 persons

$ 34.30 per week

 

 

 

more than 10 persons

$ 45.70 per week

 

 

 

 

 

 

 

 

Plumbers In charge of:

 

 

 

 

up to 2 journeymen

$ 0.56 per hour

 

 

 

3 to 5 journeymen

$ 0.70 per hour

 

 

 

5 to 10 journeymen

$ 0.89 per hour

 

 

 

over 10 journeymen

$ 1.14 per hour

 

 

 

 

 

 

 

 

 

Painters In charge of:

 

 

 

 

1 to 5 journeymen (and/or apprentices)

$ 5.38 per day

 

 

 

6 to 15 journeymen (and/or apprentices)

$ 6.72 per day

 

 

 

more than 15 journeymen (and/or apprentices)

$ 9.20 per day

 

 

 

Builders’ Labours In charge of

 

 

 

 

not less than 2 nor more than 5 persons

$ 22.29 per week

 

 

 

not less than 5 nor more than 10 persons

$ 27.91 per week

 

 

 

more than 10 persons

$ 37.68 per week

 

 

 

 

 

 

45

20.3.2

Ships Work - Special Places

$ 0.40 per hour

 

46

20.3.3

Insulations with granulated cork

$ 0.40 per hour

 

47

20.4

Removal Bitumus Compounds

$ 0.40 per hour

 

48

 

Industry Allowance

$ 19.50 per week

 

49

15.2

Overtime Meal Allowance

$ 8.30 per meal

 

50

22.3.1(b)

Living Away from Home - Weekly

$ 303.00 per week

 

51

22.3.1(c)

Living Away from Home - Daily

$ 43.30 per day

 

52

22.4.1(a)(iii)

Travel Expenses - Meal

$ 8.30 per meal

 

53

22.4.1(b)(i)

Return Journey

$ 15.70 per occasion

 

54

22.6.5

Weekend Return Home

$ 25.70 per occasion

 

55

24.1.1

First Aid Allowance

$ 1.84 per day

 

56

26.2.1

Loss of Tools and Clothing

$ 1146.00

 

 

 

 

 

B. W. O'NEILL, Commissioner

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.

 

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