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.