BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(647)

SERIAL C0701

SURVEYORS' FIELD HANDS (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

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

(No. IRC5067 of 1999)

Before Commissioner O'Neill

8 June 2001

REVIEWED AWARD

PART A

Clause No.	Subject Matter
1	Definitions
2	Hours of Labour
3	Wages
4	Wet Places
5	Shafts or Trial Holes and Boring Operations
6	Underground Work
7	Overtime and Weekend Work
8	Holidays
9	Annual Leave
10	Annual leave Loading
11	Sick Leave
12	Anti-Discrimination
13	Transfers
14	Distant Places
15	Tools
16	Tea Break
17	First‑Aid
18	Change and Shelter Shed
19	Fares
20	Country Work and Travelling Expenses
21	Camping Area
22	Meals
23	Termination of Employment
24	Provision Accounts
25	Payment of Wages and Overtime
26	Mixed Functions
27	Protective Clothing
28	Meal Allowance
29	Bereavement Leave
30	Jury Service
31	Personal Carer’s Leave
32	Redundancy
33	Training Wage
34	Settlement of Disputes
35	Leave Reserved
36	Superannuation
37	Working in the Rain
38	Area, Incidence and Duration

PART B

MONETARY RATES

Table 1	Wages Private Sector
Table 2	Other Rates and Allowances

PART C

MONETARY RATES - TRAINEESHIPS

Tables 1(a), 2(a) and 3(a)	Industry/ Skill Level A
Tables 1(b), 2(b) and 3(b)	Industry/ Skill Level B
Table 1(c), 2( c ) and 3(c )	Industry/ Skill Level C
Tables 1(d), 2(d) and 3(d)	School Based Traineeships
Tables 1(e), 2(e) and 3(e)	Hourly Rates for Trainees who have Left School
Tables 1(f), 2(f) and 3(f)	Hourly Rates for School- Based Traineeships

Appendix A - Industry/Skill Levels

1. DEFINITIONS

(i) Weekly hand shall mean an employee employed by the week and entitled to a week's pay for every week started.

(ii) Daily hand shall mean an employee employed by the day and paid by the day.

(iii) Survey field hand shall be classed as a special class field hand, first class field hand, second class field hand and operator of echo sounding machine.

(iv) First class field hand shall mean an employee who has had two years' experience as a surveyor's field hand; provided that an employee with two years' experience as a surveyors field hand who has had less than six months' experience as a field hand in any one of the following branches of surveying, i.e., country land surveying, urban land surveying or engineering surveying, may be employed as a second class field hand in any one of the above branches of surveying in which the employee has not had six months' experience as a second class field hand until the employee has had such period of experience and thereafter shall be classified as a first class field hand in that branch.

(v) Second class field hand shall mean an employee with less than two years' experience in the work of a survey field hand.

(vi) Instrument hand shall mean an adult employee who, under the direction of a surveyor, the major part of their time uses a theodolite, level or similar instruments and records the readings.

(vii) Special Class field hand means an adult employee who is a first class field hand with at lest two years' experience as such and who has been appointed by the employer for special duties as required.

2. HOURS OF LABOUR

(i) (a) Except as provided elsewhere in this award the ordinary working hours shall be thirty‑eight per week and shall be worked in accordance with the following provisions for a four‑week work cycle:

(1) The ordinary working hours shall be worked as a twenty‑day four‑week cycle Monday to Friday inclusive with nineteen working days of eight hours each between the hours of 7.00 a.m. and 5.00 p.m., with 0.4 of one hour on each day worked accruing as an entitlement to take the fourth Monday in each cycle as a day off paid for as though worked. Provided that where the majority of employees on any particular section of work agree, and the employer or employer's representative agrees in writing, an alternative day in the four‑week cycle may be substituted for the fourth Monday as the day off paid as though worked, and where such agreement is reached all provisions of this award shall apply as if such day was the prescribed fourth Monday.

Provided further than where such agreement is reached an alternative day in the four‑week cycle shall apply subject to the following procedure being observed:

I. Within twenty‑four hours of the employer obtaining agreement with its employees, the employer shall notify the union by letter or facsimile as to the existence of the agreement in writing between the employer and the majority of employees for an alternative day in the four‑week cycle.

II. The employer shall also inform a registered industrial union of employers which is a party to this award.

III. A period of five working days shall be allowed to pass from the day on which the employer informs the union before the agreement is implemented.

IV. Such an agreement shall be put into effect after the passage of the five‑day period of notice unless a party notified in accordance with the above provisions notifies the matter to the Industrial Relations Commission of New South Wales, in which event the agreement shall not be implemented until a final decision is made by the Industrial Relations Commission of New South Wales, pursuant to the New South Wales Industrial Relations Act 1996.

(2) Where such fourth Monday or agreed rostered day off prescribed by subparagraph (1) of this paragraph falls on a public holiday as prescribed in Clause 9 - Holidays, the next working day shall be taken in lieu of the rostered day off unless an alternative day in that four‑week cycle (or the next four‑ week cycle) is agreed in writing between the employer and the employee.

(3) Each day of paid leave taken and any public holidays occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

(4) An employee who has not worked, or is not regarded by reason of subparagraph (3) of this paragraph as having worked a complete four‑week cycle, shall receive pro rata accrued entitlements for each day worked (or each fraction of a day worked) or regarded as having been worked in such cycle, payable for the rostered day off or, in the case of termination of employment, on termination.

(5) The accrued rostered day off prescribed in subparagraphs (1) and (2) of this paragraph shall be taken as a paid day off provided that the day may be worked where that is required by the employer and such work is necessary to allow other employees to be employed productively or to carry out maintenance outside ordinary working hours or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project, in which case, subject to the provisions of subparagraph (6) of this paragraph, in addition to accrued entitlements the employee shall be paid at the rates prescribed for Saturday work in Clause 7 - Overtime and Weekend Work.

(6) Wherever it is practicable for the employer to give the rostered day off in accordance with this subparagraph, the provision of this subparagraph shall operate in lieu of subparagraph (5) of this paragraph.

The accrued rostered day off prescribed in subparagraphs (1) and (2) of this paragraph shall be taken as a paid day off provided that the day may be worked where that is required by the employer and such work is necessary to allow other employees to be employed productively or to carry out maintenance outside ordinary working hours or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project, in which case the employee shall take one paid day off before the end of the succeeding work cycle and the employee shall be paid for the day worked at the rates prescribed for Saturday work in Clause 7 - Overtime and Weekend Work..

(b) A majority of the employees concerned and their employers may mutually agree upon starting and ceasing times between the hours of 6.00 a.m. and 6.00 p.m. Notwithstanding anything contained in this subclause the time worked each day and the hours of work on any particular section of work may be varied by mutual agreement between the employer and the majority of the employees concerned so that the ordinary working hours may be 80 hours per fortnight in the first half of each 20 day cycle and 72 hours per fortnight in the second half of each 2~day cycle; provided that no more than 46 hours shall be worked in any one week and not more than nine hours and twelve minutes shall be worked in any one day without the payment of overtime. In the event of the employee being employed for one week only all time worked in excess of forty hours shall be paid for as Overtime; provided also that, by mutual agreement between the employer and the majority of the employees concerned, employees may work up lo eight hours on a Saturday and shall be allowed equivalent time off on first return to headquarters or at a time mutually convenient. Overtime shall not be payable for time so worked so long as eighty hours per fortnight are not exceeded; provided that employees of the Department of Land and Water Conservation may, by agreement between the Department of Land and Water Conservation and the majority of employees concerned, work up to eight hours on each alternate Saturday and shall be allowed equivalent time off at some other time as mutually arranged but being a week in which a public holiday occurs. Overtime shall not be payable for the additional time so worked so long as not more than eight hours per fortnight are worked.

(ii) Daily Hands

The working hours of daily hands shall not exceed thirty‑eight hours per week worked in accordance with the provisions of this clause.

(iii) (a) Where it is necessary for employees to leave camp or the surveyor's office to go to their work and to return to such camp or office the time so taken shall be counted as time worked. This applies only to the County of Cumberland.

(b) Outside the County of Cumberland the time of working shall start from leaving the camp or the surveyor's office but shall not include the time occupied in returning to such camp or surveyor's office; provided the distance to the camp or the office aforesaid does not exceed 6.44 kilometres. In such cases the time allowance to be allowed shall be twenty minutes per 1.62 kilometres for all excess unless transport is provided by the surveyor.

(c) In all cases where employees are required to travel direct from their homes to the job or return all time spent in travelling in excess of the time normally occupied in travelling to the surveyor's office shall be paid for at the ordinary rates or a time allowance made.

(iv) Employees of the Department of Information, Technology and Management

Provided that in respect of employees of the Department of Information, Technology and Management employed in connection with the trigonometrical survey of the State of New South Wales being carried out by the Department of Land and Water Conservation and employees of the Department of Land and Water Conservation employed in connection with State control surveys under the provisions of the Survey Co‑ordination Act 1949, the ordinary hours of working may be between 4 a.m. and midnight, Monday to Saturday inclusive, without the payment of overtime subject to the following conditions:

(a) employees shall work not more than eight hours per day or such hours as may be agreed upon mutually;

(b) all time worked in excess of the daily limits prescribed by paragraph (a) of this subclause, or in excess of eighty hours per fortnight in the first half of each 20 day cycle and 72 hours per fortnight in the second half of each cycle 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; provided that the calculation of the payment for Overtime shall be on the basis of each complete unbroken period of overtime;

(c) employees whose ordinary working day commences prior to 6 a.m. or finishes after 6 p.m. shall be paid for all ordinary hours of work on such day at the rate of ordinary time plus 10 per cent.

3. WAGES

(i) The minimum rates of pay for any classification shall, subject to the other provisions of this award, be the weekly rates as set out in Table 1 - Wages - Private Sector, of Part B, Monetary Rates.

NOTATION: Surveyor Field Hands working in the public sector shall have their rates of pay and allowances prescribed in the Crown Employees (Roads and Traffic Authority of New South Wales - Wages Staff) Award made in Matter IRC No. 5373 of 2000; the Crown Employees (Department of Land and Waste Conservation, Conservations Field Officers) Award [320 I.G. 700]; the Crown Employees (Department of Public Works and Services Wages Staff) Award, 2001; or the Crown Employees Wages Staff (Rates of Pay) Award 2001 made in Matter IRC No. 3174 of 2001, as applicable, or their replacement industrial instruments.

(a) Weekly Hands ‑ as set out in Tables 1 and 2 of Part B.

(b) Daily Hands shall be ascertained by adding the amount as set in Item 1 of Table 2, Other Rates and Allowances, of Part B, Monetary Rates, to the appropriate weekly rate and dividing such sum by five.

15 years of age	50%
16 years of age	75%
17 years of age	90%

When such junior employees attain the age of 18 years they shall be paid the adult rate applicable to second class field hands.

(ii) Where employees are required to drive a motor vehicle or motor launch they shall be paid the allowance extra per day as set out in Item 2 of Table 2 whilst so employed, provided that an employee who drives a four‑wheel drive vehicle off recognised roads and in paddocks or on unserviced bush roads shall be paid the allowance per day, or part of a day thereof, as set out in Item 3 of Table 2, and if a licence is required such employee's driver's licence fee shall be paid by the employer. Such employee shall not be required to perform motor vehicle repairs other than those necessary to keep the vehicle in running order whilst on the road.

(iii) Employees shall receive the allowance as set out in Item 4 of Table 2 of Part B per day whilst engaged in hydrographic duties involving soundings, current testing or tide gauge reading aboard a boat.

(iv) The sums prescribed by subclause (ii) as set out in Items 2 and 3 of Table 2 and the sum prescribed by subclause (iii) and set out in Item 4 of Table 2 shall not in any case be taken into account for the purpose of the calculation of overtime.

(v) In addition to the weekly wage rate prescribed in this clause, there shall be added the sum set out in Item 5 of Table 2 to compensate for the additional disabilities of being required to work when exposed to inclement weather.

For the purpose of this clause, "inclement weather" means wet weather and/or abnormal climatic conditions such as hail, cold, high winds, severe dust storms, extreme high temperatures or any combination thereof.

(vi) The rates of pay in this award include the adjustments payable under the State Wage Case of 2000. These adjustments may be offset against:

(a) any equivalent overaward payments; and/or

(b) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

4. WET PLACES

(i) Employees working in swamps, wet places or in boots where their feet or clothing become wet shall receive the amount prescribed by Item 6 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

(ii) For the purpose of this clause a place shall be deemed to be wet when water other than rain is falling so that the clothing of the employee becomes appreciably wet and/or when the water in the place where the employee is working saturates the boots of the employee.

5. SHAFTS OR TRIAL HOLES AND BORING OPERATIONS

Employees engaged excavating shafts or trial holes or in boring operations shall, whilst so engaged, be paid at the rates prescribed for such class of work by the General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award in force from time to time.

6. UNDERGROUND WORK

Employees engaged in underground work shall receive the amount extra per day as set out in Item 7 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, in addition to the daily allowance payable in wet places where such applies.

7. OVERTIME AND WEEKEND WORK

Subject to Clause 2 - Hours of Labour

(i) Overtime shall be payable for all time worked outside the ordinary hours prescribed in the said Clause 2, or in excess of eight hours in any one day at the rate of time and one‑half for the first two hours and double time thereafter, provided that all work performed after 12 noon on Saturday shall be paid for at double time; provided further that employees who are required to work regular Overtime which normally commences after 12 noon on a Saturday shall be paid at the rate of time and one‑half for the first two hours and double time thereafter. The calculation of such Overtime shall be on the basis of each complete unbroken period of Overtime.

(ii) Double time shall be paid for all time worked on a Sunday.

(iii) Employees called upon to work during the recognised meal hour shall be paid at ordinary overtime rates for all time worked until they receive a meal break of the usual period.

(iv) Employees who work so much overtime

(a) between the termination of their ordinary work day or shift and the commencement of their ordinary work in the next day or shift that they have not had at least ten consecutive hours off duty between these times; or

(b) on Saturdays, Sundays and holidays not being ordinary working days or on a rostered day off without having had ten consecutive hours off duty in the twenty‑four hours preceding their ordinary commencing time on their next ordinary day or shift;

shall, subject to this subclause, be released after completion of such Overtime until they have had ten hours off duty without loss of pay for ordinary working time occurring during such absence. Provided that if, on the instructions of the employer, such employees resume or continue to work without having had such ten consecutive hours off duty they shall be paid at double rates until they are released from duty for such period and they shall then be entitled to be absent until they have had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

(v) Employees shall not be required to report at the place of work earlier than the ordinary starting time or return later than the ordinary ceasing time without the payment of overtime.

(vi) An employee required to work on a Sunday or a public holiday shall be afforded at least 4 hours work or shall be paid for 4 hours at the appropriate rate.

(vii) Employees directed to report for work on Saturday or Sunday, and not being required, shall be paid two hours at appropriate overtime rates and all fares actually and necessarily incurred in travelling to and from the job.

(viii) Where employees report as hereinbefore mentioned on Saturday or Sunday and are instructed to remain on the job, though not started, they shall be paid at Overtime rates whilst waiting until such time as otherwise notified.

(ix) Employees recalled to work

When employees are recalled to work after leaving their jobs they shall be paid a minimum of four hours at overtime rates.

(x) Cribs

(a) An employee who is required to work overtime for 2 hours or more after the normal ceasing time shall be allowed, at the expiration of the said 2 hours, 30 minutes for a meal or crib and thereafter a similar time allowance after every additional 4 hours of overtime worked. Time for meals or crib through overtime periods shall be allowed without loss of pay, provided that overtime work continues after such break.

Provided that where an employee is eligible for a meal(s) or crib break(s) (as defined above) and having regard to statutory requirements, an employer and employee may agree for the meal(s) or crib break(s) to be taken at any time. Where such a meal(s) or crib break(s) is not taken, the employee shall be entitled to be paid for the meal(s) or crib break(s) at the appropriate Overtime rate.

(b) Where overtime is worked on a Saturday, if work continues after 12 noon, a break for a meal of 30 minutes shall be allowed between 12 noon and 1 p.m., which meal break shall be taken without loss of pay.

(xi) Compulsory Overtime

An employer may require an employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements.

8. HOLIDAYS

(a) Employees shall be granted the following public holidays without deduction of pay, viz.,

* New Year's Day

* Australia Day

* Good Friday

* Easter Monday

* Anzac Day

* Queen's Birthday

* Labour Day

* Christmas Day

* Boxing Day

and any day proclaimed as a public holiday throughout the State.

For any work performed on any such public holiday double time and one‑half shall be paid; provided that, by agreement between the employer and a majority of the employees, such holidays may be worked at ordinary rates and time off in lieu thereof shall be allowed or one day and one‑half for each day worked shall be added to the annual leave.

(b) The first Monday in December of each year shall be a holiday as the Picnic Day of The Australian Workers' Union, New South Wales.

(c) Employees not required to work on the said Picnic Day shall be paid for the holiday at the ordinary rates of pay prescribed in Clause 3 - Wages.

(d) Employees required to work on the Picnic Day shall be paid at the rate of double time and one‑half for all time worked.

(e) Employers may require from their employees the butts of their tickets as evidence of the employees' attendance at the picnic.

(f) The provisions for a Picnic Day shall apply only to employees of an employer working in the County of Cumberland, the County of Northumberland and the County of Camden; provided that employees of Government Departments or quasi‑government bodies outside the boundaries of the aforesaid counties shall be entitled to the Picnic Day where such is actually held in an area; provided further that one month's notice of such Picnic Day is given in writing by the union to the employer.

(g) Where employers hold a regular Picnic Day for their employees on some other working day during the year then such day may be given and may be taken in lieu of the Picnic Day here fixed.

(h) Should the employment of an employee be terminated by the employer otherwise than for misconduct or should an employee be stood off within fourteen days prior to any holiday or to the commencement of any group of holidays; prescribed in this clause such employee shall be paid for such holiday or group of holidays; provided that such employee has been employed by the employer for a period of at least one week prior to the termination of the employment.

(i) For the purpose of this clause when any two or more of the holidays prescribed in this clause occur within two weeks of one another such holidays shall be deemed to be a group of holidays.

(j) Where an additional or substitute public holiday is proclaimed by Order in Council or otherwise gazetted by authority of the Australian or a State Government under any acts throughout any State or part thereof, such a day shall within the defined locality be deemed to be a holiday for the purposes of this award; provided that an employee shall not be entitled to the benefit of more than one holiday upon such occasion.

9. ANNUAL LEAVE

(i) See Annual Holidays Act 1944.

(ii) Government and quasi‑government bodies: See Uniform Leave Conditions for Ministerial Employees or the Public Sector Management (General) Regulation, 1996.

10. ANNUAL LEAVE LOADING

(i) Government and quasi‑government bodies: See Uniform Leave Conditions for Ministerial Employees or for persons employed under the Public Sector Management Act, 1988, relevant provisions of Crown Employees (Public Service Conditions of Employment 1997) Award, as varied or any replacement award.

(ii) In this clause the Annual Holiday Act 1944 is referred to as "the Act".

(iii) Before employees are given and take their annual holiday or, where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance ‑ see subclause (vii) of this clause.)

(iv) 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.

(v) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled, or where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause (vii) of this clause as to holidays taken wholly or partly in advance.)

(vi) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (v) of this clause at the rate per week of 17½ per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing their annual holiday.

(vii) 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 continued 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 (vi) of this clause applying the award rates of wages payable on that day.

(viii) Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

(a) Employees who are entitled under the Act to an annual holiday and who are given and take such a holiday shall be paid the holiday calculated in accordance with subclause (iv) of this clause;

(b) Employees who are not entitled under the Act to an annual holiday and who are given and take leave without pay shall be paid in addition to the amount payable to them under the Act such proportion of the loading that would have been payable to them under this clause if they had become entitled to an annual holiday prior to the close down as their qualifying period of employment in completed weeks bears to 52.

(ix) (a) When the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled, the employee shall be paid a loading calculated in accordance with subclause (vi) of this clause for the period not taken.

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

11. SICK LEAVE

(i) Government and quasi‑government bodies: See Uniform Leave Conditions for Ministerial Employees or Public Sector Management (General) Regulation, 1996.

(ii) Employees who have completed three months' service and who are unable to perform their duties on account of ill health shall, subject to satisfactory proof of such illness, be entitled to ten days sick leave on full pay during each year of their employment. Such leave shall be cumulative for a period of six years from the end of the year from which it accrues.

(iii) Where employees are ill or incapacitated (within the meaning of this clause) on their rostered day off they shall not be entitled to payment for sick leave on that day nor shall their sick leave entitlement be reduced as a result of such illness or incapacity (within the meaning of this clause).

12. 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, age and responsibilities as a carer.

(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;

(iv) a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

(e) 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."

13. TRANSFERS

Reasonable facilities shall be given to employees to transfer from one survey gang to another.

14. DISTANT WORK

(i) All employees working in districts west and north of and excluding State Highway No. 17 from Tocumwal to Gilgandra, State Highway No. 11 from Gilgandra 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, shall be paid the amount extra per day set out in Item 8 of Table 2 ‑ Other Rates and Allowances, of Part B, Monetary Rates.

All employees in the Western Division of the State shall be paid an amount set out in the said Item 8 extra per day.

(ii) 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 south‑west to Waleragang and on to the Murray River, thence in a south‑easterly direction along the New South Wales border to the point of commencement, shall be paid the amount set out in Item 9 of the said Table 2.

15. TOOLS

All necessary tools shall be provided free of charge by the employer.

16. TEA BREAK

A tea break during the morning period of not more than twenty minutes' duration shall be allowed to each individual employee, at a time to be arranged by the employer, without deduction from the employee’s wages.

Provided that an employer may grant a tea break of not more than ten minutes' duration during both the morning and afternoon periods of the working day, under the same conditions as above. Where an afternoon tea break is taken the employer may direct that it be taken immediately prior to ceasing time.

The taking of the tea break shall not necessarily involve a complete stoppage of work.

17. FIRST-AID

(i) The employer shall provide and continuously maintain, at a place reasonably accessible to all employees, a first-aid kit as prescribed in the Occupational Health and Safety Act 2000.

(ii) In the event of any serious accident happening to an employee whilst at work or going to or from a worksite, the employer shall, at their expense, provide transport facilities to the nearest hospital or doctor.

(iii) Employees appointed by the employer to perform first‑aid duties shall be paid the amount set out in Item 10 of Table 2 ‑ Other Rates and Allowances, of Part B, Monetary Rates in addition to their ordinary rates.

18. CHANGE AND SHELTER SHED

Where necessary and practicable a change and/or shelter shed for employees shall be provided on all jobs and shall be used exclusively for that purpose.

19. FARES

Except for travelling between their residence and the permanent office or depot of the employer, all fares actually and reasonably incurred by employees in connection with their work shall be paid by the employer. This clause shall not apply to country work as defined in Clause 20 - Country Work and Travelling Expenses.

20. COUNTRY WORK AND TRAVELLING EXPENSES

(i) Country work shall mean employment at a place which requires the employees to live away from their usual places of residence.

(ii) Employees sent by the employer to country work shall:

(a) have their fares provided by the employer and, on remaining until the completion of the job or until the special work which they were sent to perform is completed and no other work is provided by the employer, shall be entitled to fares back to the place of engagement;

(b) where employees are required to travel overnight, be provided with sleeping accommodation, where available;

(c) be paid by the employer all necessary expenses incurred in providing their own board and lodging, unless camping facilities or board and lodging are provided by the employer;

(d) be paid at ordinary rates for all time occupied in travelling to and from work in addition to wages otherwise earned and also shall be provided with satisfactory meals or shall be paid a meal allowance as set out in Item 11 of Table 2 ‑ Other Rates and Allowances, of Part B, Monetary Rates, for every meal hour whilst travelling or whilst waiting en route and, if required to spend the night at some place en route, shall be allowed the amount set out in Item 12 of Table 2 for a bed. No employee shall be entitled to more than an ordinary day's wages (eight hours) excluding allowance for meals and bed provided herein for any day occupied in travelling. "Day" for the purposes of this subclause shall mean the period from midnight to midnight.

(iii) A person selected for work and sent to work by an agent of the employer, including a National Service Office, a Government employment bureau or a private employment agency shall, for the purpose of this clause, be deemed to have been sent by the employer.

(iv) Employees transferred to another job at their own request shall not be entitled to fares, travelling time and/or allowances prescribed by this clause.

(v) (a) Employees who work as required during the ordinary hours of work on the working day before and the working day after a weekend and who notify the employer or their representative no later than the Tuesday of each week of their intention to return home at the weekend and who return home for the weekend, shall be paid an allowance as set out in Item 13 of Table 2 for each such occasion. The payment of this allowance shall disentitle an employee to payment of the camping allowance prescribed in the Camping Area clause of the General Construction and Maintenance, Civil and Mechanical Engineering (State) Award, for the weekend in question for the day or days on which they are absent.

(b) This subclause shall not apply to an employee:

(1) who is receiving payment of an allowance in lieu of board and lodging being provided by the employer; or

(2) where a conveyance is provided by the employer to transport the employee to and from the place of work and the established centre at which the organisation is based.

(c) Employees shall be deemed to have returned home at the weekend only if this involves them in being absent from their accommodation for not less than half the hours between ceasing work in one week and commencing work in the next.

(vi) If an employer and employee engaged on country work agree in writing, and subject to the procedure outlined in paragraph (a) of Clause 2 - Hours of Labour, as defined, the paid rostered day off prescribed in that subclause may be taken and paid for at a time mutually agreed upon. The agreement shall only provide for a paid day or days off work up to a maximum accrual of five days.

(vii) This subclause shall not apply to private sector employees or employees who report each day to the same fixed establishment, permanent office or depot of the employer. Where camping facilities are not provided and travel cannot be made by a public conveyance, employees required to travel to and/or from the place of work shall, unless a conveyance can be provided by the employer to transport them to and from the place of work at a point not more than three kilometres distant from the employees' residences, be paid the allowances as set out in Item 14 of Table 2 of Part B, Monetary Rates, namely, where employees commence and/or cease work at a greater distance from their residences than the distances as set out in the said Item 14.

21. CAMPING AREA

(i) When camping areas are necessary for employees such shall be provided by the employer free of charge.

(ii) No camps shall be erected within 33kms of the General Post Office, Sydney or 16km of the General Post Office, Newcastle.

(iii) The employer shall provide the minimum facilities, conditions and standards for camps as prescribed in the Camping Area clause of the General Construction and Maintenance, Civil and Mechanical Engineering &c., (State) Award, as varied, from time to time, or by any award replacing the said award, under the same conditions as prescribed in that clause of the General Construction and Maintenance, Civil and Mechanical Engineering (State) Award.

(iv) Where employees are required to camp either by direction of the employer or because no reasonable transport facilities are available to enable them to proceed to and from their home each day they shall be paid the appropriate allowances prescribed in the Camping Area clause of the General Construction and Maintenance, Civil and Mechanical Engineering &c., (State) Award.

(v) Where an employee is required to camp by direction of the employer and because the normal camping provisions of this clause cannot be reasonably provided the use of tents shall be permitted; such tents shall not be less than 2.44m x 3.05m covered by a fly 3.05m x 3.66m. Cooking utensils, tableware, suitable lamp an fuel sufficient for each tent shall be provided by the employer. Where practicable, such tents shall be pitched on frames with full boarded floors and a timber wall rising not less than 15.2cm, above the floor level.

22. MEALS

(i) Employees shall be entitled to a meal break each day of not less than 30 minutes in duration and not more than one hour in duration; provided that the said meal break shall be taken between 11.30 a.m. and 1.30 p.m. Such meal break shall not count as time worked.

23. TERMINATION OF EMPLOYMENT

(i) Except in the case of misconduct, one week's notice in writing on either side shall terminate the engagement of weekly hands or in lieu thereof a week's wages shall be paid.

(ii) Daily Hands shall be notified at the termination of each day's work as to any further engagement or shall be paid at least one hour's wages in lieu of notice.

24. PROVISION ACCOUNTS

(i) All accounts in connection with camp messing arrangement shall be submitted to the employees at a reasonable time before settlement of same and, in any event, shall be made up and shall be submitted every four weeks and at the termination of the camp.

(ii) Should employees leave or be discharged prior to the monthly settlement of their mess account they shall pay the average of the preceding month.

(iii) The employees may appoint one member to check all mess accounts including receipts for all purchases connected therewith and such member shall be designated messing representative.

(iv) The employer shall keep or shall cause to be kept a complete provision account from the commencement to the conclusion of the camp.

(v) Complaints from employees regarding camp messing shall receive proper attention from the employer and shall be conveyed to the employer by the messing representative.

25. PAYMENT OF WAGES AND OVERTIME

(i) All wages and overtime due to employees within the County of Cumberland shall be paid weekly and not later than the usual ceasing time each Friday unless otherwise arranged by mutual agreement. All wages and overtime due to employees outside the County of Cumberland shall be paid fortnightly. In the event of employees leaving or being discharged in accordance with this award, they shall be paid all wages due to them on demand or shall be paid waiting time at ordinary rates; provided that an employer may, in the case of employees who leave or are discharged and who fail to settle their mess account, deduct the amount so owing from any moneys due or becoming due to the employees and shall pay such sums to the mess representative.

(ii) In the event that a scheduled day off falls on pay day the employer shall pay wages to the employee on the following working day. Subject to the employer being able to make payment the wages may be paid on the working day preceding the scheduled day off.

(iii) Provided that where the scheduled day off falls on a pay day which is a Friday the employer shall pay wages on the working day prior to the day off.

(iv) In the case of employees of Government and quasi‑Government bodies wages shall be paid into a bank or other account except in isolated areas, hardship or other exceptional circumstances where payment will be made by cheque subject to cashing facilities being available within twenty‑four hours of the employees' normal pay day; provided further that where the employees' normal pay day is a Friday cashing facilities shall be available by 5.00 p.m. on that day.

26. MIXED FUNCTIONS

Employees engaged for more than two hours during one day on duties carrying a higher rate than their ordinary classification shall be paid the higher rate for such day; if so engaged two hours or less during one day they shall be paid the higher rate for the time so worked.

27. PROTECTIVE CLOTHING

(i) Employees shall be supplied with all necessary protective clothing.

(ii) Such protective clothing shall remain the property of the employer and shall be produced by the employee for inspection by the employer when required.

(iii) Loss due to any cause arising out of the neglect or misuse by the employee shall be a charge against the wages of the employee. A deduction at a reasonable rate may be made by the employer from the wages of the employee; provided that no such deduction shall be made for reasonable wear and tear.

28. MEAL ALLOWANCE

An employee required to work overtime for more than one and one‑half hours after the ordinary ceasing time shall be provided with a meal or shall be paid the allowance set out in Item 11 of Table 2 ‑ Other Rates and Allowances, of Part B, Monetary Rates, for such meal and, after the completion of each four hours on continuous overtime, shall be paid the allowance set out in the said Item 11 for each subsequent meal in addition to his/her overtime payment.

29. BEREAVEMENT LEAVE

(ii) An employee other than a daily hand shall be entitled up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause (iv) of this clause.

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

(iv) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purpose of Personal Carer’s Leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of Clause 31 - Personal Carer’s Leave, provided that for the purposes of bereavement leave the employee need not have been responsible for the care of the person concerned.

(v) 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.

(vi) Bereavement leave may be taken in conjunction with the other leave available under subclauses (2), (3) (4) (5) and (6) of the said Clause 36. In determining such a request the employer will give special consideration to the circumstances of the employee and the reasonable operational requirements of the business.

30. JURY SERVICE

(ii) Employees on weekly hiring required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wage they would have received in respect of the ordinary time they would have worked had they not been on jury service.

Employees shall notify their employer as soon as practicable of the date upon which they are required to attend for jury service and shall provide the employer with proof of attendance, the duration of such attendance and the amount received in respect thereof

31. PERSONAL/CARER’S LEAVE

(i) Use of Sick Leave

(a) An employee other than a daily hand, with responsibilities in relation to a class of person set out in 31(i)(c) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause 11 - Sick Leave, of the award, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

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

(2) the person concerned being:

(a) a spouse of the employee; or

(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

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

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

(e) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

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

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

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

(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

(ii) Unpaid Leave for Family Purpose

(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 31(i)(c)(2) above who is ill.

(iii) Annual Leave

(a) An employee may elect with the consent of the employer, subject to the Annual Holidays Act, 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

(b) Access to annual leave, as prescribed in 31(iii)(a) above, shall be exclusive of any shutdown period provided for elsewhere under this award.

(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

(iv) Time Off in Lieu of Payment for Overtime

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

(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

(c) If, having elected to take time as leave in accordance with paragraph 36(iv)(a), the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

(d) Where no election is made in accordance with paragraph 31(iv)(a), the employee shall be paid overtime rates in accordance with the award.

(v) Make-Up Time

(i) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off during 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.

(ii) 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.

(vi) Rostered Days Off

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

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

(iii) 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 time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

(iv) 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. REDUNDANCY

(A) Application

(i) This clause shall apply in respect of full-time persons employed in the classifications specified by Clause 3 - Classification Structure.

(ii) In respect to employers who employ more than 15 employees immediately prior to the termination of employment of employees, in the terms of paragraph (i) of subclause (D) of this clause.

(iii) Notwithstanding anything contained elsewhere in this award, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be not more than to give such employees an indication of the impending redundancy at the first reasonable opportunity and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(iv) Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(B) Introduction of Change

(i) Employer's duty to notify

(a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effect on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

(b) 'Significant effects' include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

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

(ii) Employer's duty to discuss change

(a) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subparagraph (a) of paragraph (i) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

(b) The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said paragraph (a).

(c) For the purposes of such discussions, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on the employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(i) Discussions before terminations

(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subclause (B) - Introduction of Change, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(b) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provisions of subparagraph (a) of this paragraph and shall cover, inter alia, any reason for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(c) For the purpose of the discussion the employer shall, as soon as is practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(D) Termination of Employment

(i) Notice for changes in production, program, organisation or structure

This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, program, organisation or structure, in accordance with subparagraph (a) of paragraph (i.) of subclause (B) of this clause.

(a) In order to terminate the employment of an employee the employer shall give to the employee the following notice:

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

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

(c) Payment in lieu of notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(ii) Notice for technological change

This paragraph sets out the notice provision to be applied to terminations by the employer for reasons arising from technology in accordance with subparagraph (a) of paragraph (I) of subclause (B) of this clause.

(a) In order to terminate the employment of an employee the employer shall give to the emp

yee three months notice of termination.

(b) Payment in lieu of notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(c) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

(iii) Time off during notice period

(a) During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

(iv) Employee leaving during the notice period

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(v) Statement of employment

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

(vi) Notice to Centrelink

Where a decision has been made to terminate employees, the employer shall notify Centrelink thereof as soon as possible, giving relevant information, including the number and categories of employees likely to be affected and the period over which the terminations are intended to be carried out.

(vii) Centrelink Separation Certificate

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by Centrelink.

(viii) Transfer to lower paid duties

Where an employee is transferred to lower paid duties for reasons set out in subparagraph (a) of paragraph (I) of subclause (B) of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated and the employer may, at the employer’s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rate for the number of weeks notice still owing.

(E) Severance Pay

(i) Where the employment of an employee is to be terminated pursuant to subclause (D) of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service.

(a) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Years of Service	Under 45 Years of Age Entitlement
Less than 1 year	Nil
1 year and less than 3 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 Weeks

(b) Where an employee is 45 years of age or over, the entitlement shall be in accordance with the following scale:

Years of Service	45 Years of Age and Over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

(c) ‘Week’s pay means the all-purpose rate of pay for the employee concerned at the date of termination and shall include in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with this award.

(ii) Incapacity to pay

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

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said paragraph (i.) will have on the employer.

(iii) Alternative employment

(F) Savings Clause

Nothing in this clause shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy agreement, taken as a whole, between the union and any employer bound by this award.

33. TRAINING WAGE

(1) Application

(a) Subject to paragraph (c) of this subclause, this clause shall apply to persons who are undertaking a traineeship (as defined) and is to be read in conjunction with this award.

(b) Notwithstanding (a), this clause shall apply provisionally for an interim period:

(i) Starting upon the commencement date as recorded on a valid "Application to Establish a Traineeship" signed by both the employer and the Trainee, which has been lodged with the Relevant NSW Training Authority; and

(ii) Ending upon the expiry of one calendar month period immediately following the employer’s receipt of the Indenture Papers from the Relevant NSW Training Authority. In any case, the duration for which this clause may provisionally apply shall be no longer than two calendar months, or such longer period as may be required to accommodate a delay in processing the "Application to Establish a Traineeship" which is beyond the control of the employer.

(d) Notwithstanding the foregoing, this clause shall not apply to employees who were employed by an employer under this award prior to the date of approval of a traineeship relevant to the employer, except where agreed upon between the employer and the relevant union(s).

(e) This clause does not apply to the apprenticeship system or any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 27 April, 1998 or in an award that binds the employer.

(f) At the conclusion of the traineeship, this clause shall cease to apply to the employment of the trainee.

(2) Objective

The objective of this clause is to assist in the establishment of a system of traineeships which provides approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees, particularly young people, and the long term unemployed. The system is neither designed nor intended for those who are already trained and job ready. It is not intended that existing employees shall be displaced from employment by trainees. Nothing in this clause shall be taken to replace the prescription of training requirements in this award.

(3) Definitions

Structured Training means that training which is specified in the Training Plan which is part of the Training Agreement registered with the relevant NSW Training Authority. It includes training undertaken both on and off-the-job in a Traineeship and involves formal instruction, both theoretical and practical, and supervised practice. The training reflects the requirements of a Traineeship approved by the relevant NSW Training Authority and leads to a qualification set out in paragraph (f) subclause (4).

Trainee is an individual who is a signatory to a training agreement registered with the relevant NSW Training Authority and is involved in paid work and structured training which may be on or off the job. A trainee can be full-time, part-time or school-based.

Traineeship means a system of training, which has been approved by the relevant NSW Training Authority, and includes full time traineeships and part time traineeships including school-based traineeships.

Training Agreement means an instrument which establishes a Traineeship under the Industrial and Commercial Act 1989. (Note: Under the Industrial and Commercial Training Act a training agreement is also referred to as an indenture).

Training Plan means a programme of training which forms part of a Training Agreement registered with the Relevant NSW Training Authority.

School-Based Trainee is a student enrolled in the Higher School Certificate, or equivalent qualification, who is undertaking a traineeship which forms a recognised component of their HSC curriculum, and is endorsed by the relevant NSW Training Authority and the NSW Board of Studies as such.

Relevant NSW Training Authority means the Department of Education and Training, or successor organisation.

Year 10 For the purposes of this clause any person leaving school before completing Year 10 shall be deemed to have completed Year 10.

(4) Training Conditions

(a) The Trainee shall attend an approved training course or training program prescribed in the Training Agreement or as notified to the trainee by the Relevant NSW Training Authority in an accredited and relevant traineeship.

(b) A Traineeship shall not commence until the relevant Training Agreement, has been signed by the employer and the trainee and lodged for registration with the Relevant NSW Training Authority.

(c) The employer shall ensure that the Trainee is permitted to attend the training course or program provided for in the Training Agreement and shall ensure that the Trainee receives the appropriate on-the-job training.

(d) The employer shall provide a level of supervision in accordance with the Training Agreement during the traineeship period.

(e) The employer agrees that the overall training program will be monitored by officers of the Relevant NSW Training Authority and that training records or work books may be utilised as part of this monitoring process.

(f) Training shall be directed at:

(i) the achievement of key competencies required for successful participation in the workplace (e.g. literacy, numeracy, problem solving, team work, using technology) and an Australian Qualification Framework Certificate Level I.

This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise; and/or

(ii) the achievement of key competencies required for successful participation in an industry or enterprise (where there are endorsed national standards these will define these competencies) as are proposed to be included in an Australian Qualification Framework Certificate Level II or above.

(5) Employment Conditions

(a) A Trainee shall be engaged as a full-time employee for a maximum of one year's duration or a part-time trainee for a period no greater than the equivalent of one year full-time employment.

For example, a part-time trainee working 2 ½ days per week (including the time spent in Structure training) works (and trains) half the hours of a full-time trainee and therefore their traineeship could extend for a maximum of two years.

In any event, unless the Relevant NSW Training Authority directs, the maximum duration for a traineeship shall be thirty six months.

By agreement in writing, and with the consent of the relevant NSW Training Authority, the relevant employer and the Trainee may vary the duration of the Traineeship and the extent of Structured training provided that any agreement to vary is in accordance with the relevant Traineeship.

(b) A trainee shall be subject to a satisfactory probation period of up to one month which may be reduced at the discretion of the employer.

(c) Where the trainee completes the qualification in the Training Agreement, earlier than the time specified in the Training Agreement then the traineeship may be concluded by mutual agreement.

(d) A traineeship shall not be terminated before its conclusion, except in accordance with the Industrial and Commercial Training Act 1989, or by mutual agreement.

An employer who chooses not to continue the employment of a trainee upon the completion of the traineeship shall notify, in writing, the Relevant NSW Training Authority of their decision.

(e) The Trainee shall be permitted to be absent from work without loss of continuity of employment and/or wages to attend the structured training in accordance with the Training Agreement.

(f) Where the employment of a Trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of the award or any other legislative entitlements.

(g) (i) The Traineeship Agreement may restrict the circumstances under which the Trainee may work overtime and shift work in order to ensure the training program is successfully completed.

(ii) No Trainee shall work overtime or shift work on their own unless consistent with the provisions of this award.

(iii) No Trainee shall work shift work unless the relevant parties to the award agree that such shift work makes satisfactory provision for structured training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period no less than the amount of training required for non-shift work Trainees.

(iv) The Trainee wage shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by this award.

(h) All other terms and conditions of this award that are applicable to the Trainee or would be applicable to the Trainee but for this clause shall apply unless specifically varied by this clause.

(i) A Trainee who fails to either complete the Traineeship or who cannot for any reason be placed in full time employment with the employer on successful completion of the Traineeship shall not be entitled to any severance payment.

The following employment conditions apply specifically to part-time and school-based trainees.

(j) A part time trainee shall receive, on a pro rata basis, all employment conditions applicable to a full time trainee. All the provisions of clause shall apply to part time trainees except as specified in this subclause.

(k) A part time trainee may, by agreement; transfer from a part time to a full time traineeship position should one becomes available.

(l) The minimum daily engagement periods applying to part-time employees specified in the award shall also be applicable to part time trainees.

Where there is no provision for a minimum daily engagement period in the Parent Award(s) or other industrial instrument(s), applying to part-time employees, then the minimum start per occasion shall be 3 continuous hours, except in cases where it is agreed that there shall be a start of 2 continuous hours, on 2 or more days per week, provided that:

(i) a 2 hour start is sought by the employee to accommodate the employee’s personal circumstances, or

(ii) the place of work is within a distance of 5km from the employee’s place of residence.

(m) School-based trainees shall not be required to attend work during the interval starting four weeks prior to the commencement of the final year Higher School Certificate Examination period and ending upon the completion of the individual’s last HSC examination paper.

(n) For the purposes of this clause, a school-based trainee shall become an ordinary trainee as at January 1 of the year following the year in which they ceased to be a school student.

(6) Wages

Wages - Full-Time Trainees

(a) The weekly wages payable to full time trainees shall be as prescribed in Part C of the award, as follows:

Industry/Skill Level A	Tables 1(a), 2(a), 3(a)
Industry/Skill Level B	Tables 1(b), 2(b), 3(b)
Industry Skill Level C	Tables 1(c), 2(c), 3(c)
School-Based Trainees	Tables 1(d), 2(d), 3(d)

(b) These wage rates will only apply to Trainees while they are undertaking an Traineeship which includes structured training as defined in this clause.

(c) The wage rates prescribed in this clause do not apply to complete trade level training, which is covered by the Apprenticeship system.

(d) Appendix A sets out the skill level of a traineeship. The industry/skill levels contained in Appendix A are, illustrative of the appropriate levels but are not determinative of the actual skill levels (i.e., skill levels A, B or C) that may be contained in a traineeship. The determination of the appropriate skill level for the purpose of determining the appropriate wage shall be based on the following criteria:

(i) Any agreement of the parties or submission by the parties

(ii) The nature of the industry

(iii) The total training plan

(iv) Recognition that training can be undertaken in stages

(v) The exit skill level in the award contemplated by the traineeship.

In the event that the parties disagree with such determination, it shall be open to any party to the award to seek to have the matters in dispute determined by the Industrial Relations Commission of New South Wales.

(e) For the purposes of this provision, "out of school" shall refer only to periods out of school beyond Year 10, and shall be deemed to

(i) include any period of schooling beyond Year 10 which was not part of nor contributed to a completed year of schooling;

(ii) include any period during which a Trainee repeats in whole or part a year of schooling beyond Year 10;

(iii) not include any period during a calendar year in which a year of schooling is completed; and

(iv) have effect on an anniversary date being January 1 in each year.

Wages For Part-Time And School-Based Trainees

(f) This clause shall apply to trainees who undertake a traineeship on a part time basis by working less than full time ordinary hours and by undertaking the approved training at the same or lesser training time than a full-time trainee.

(g) Tables 1(e), 2(e) and 3(e) - Hourly Rates for Trainees Who Have Left School and Tables 1(f), 2(f), and 3(f) - Hourly Rates for School-based Traineeships of Part C, Monetary Rates are the hourly rates of pay where the training is either fully off-the-job or where 20% of time is spent in approved training. These rates are derived from a 38 hour week.

(h) The hours for which payment shall be made are determined as follows:

(i) Where the approved training for a traineeship (including a school based traineeship) is provided off-the-job by a registered training organisation, for example at school or at TAFE, these rates shall apply only to the total hours worked by the part time trainee on-the-job.

(ii) Where the approved training is undertaken on-the-job or in a combination of on-the-job and off-the-job, and the average proportion of time to be spent in approved training is 20% (i.e. the same as for the equivalent full time traineeship):

(1) If the training is solely on-the-job, then the total hours on-the-job shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.

(2) If the training is partly on-the-job and partly off-the-job, then the total of all hours spent in work and training shall be multiplied by the applicable hourly rate, and then 20 per cent shall be deducted.

NOTE: 20 per cent is the average proportion of time spent in approved training which has been taken into account in setting the wage rates for most full time traineeships.

(iii) Where the normal full time weekly hours are not 38 the appropriate hourly rate may be obtained by multiplying the rate in the table by 38 and then dividing by the normal full time hours.

(i) For traineeships not covered by clause 8(b) above, the following formula for the calculation of wage rates shall apply:

The wage rate shall be pro-rata the full time rates based on variation in the amount of training and/or the amount of work over the period of the traineeship which may also be varied on the basis of the following formula:

Wage = Full-time wage rate x Trainee hours - average weekly training time

30.4*

* NOTE: 30.4 in the above formula represents 38 ordinary full time hours less the average training time for full time trainees (i.e. 20%) a pro rata adjustment will need to be made in the case where the Parent Award specifies different ordinary full time hours: for example where the ordinary weekly hours are 40, 30.4 will be replaced by 32.

(i) "Full time wage rate" means the appropriate rate as set out in Table 1 - Industry/Skill Level A, Table 2 - Industry/Skill Level B, Table 3 - Industry/Skill Level C and Table 4 - School-based Traineeships of Part B, Monetary Rates.

(ii) "Trainee hours" shall be the hours worked per week including the time spent in approved training. For the purposes of this definition, the time spent in approved vocational training may be taken as an average for that particular year of the traineeship.

(iii) "Average weekly training time" is based upon the length of the traineeship specified in the training agreement as follows:

Average Weekly Training Time = 7.6 x 12 _ length of the traineeship in months

Note 1: 7.6 in the above formula represents the average weekly training time for a full time trainee whose ordinary hours are 38 per week. A pro rata adjustment will need to be made in the case where this Award specifies different ordinary time hours for example, where the ordinary weekly hours are 40, 7.6 will be replaced by 8.

Note 2: The parties note that the training agreement will require a trainee to be employed for sufficient hours to complete all requirements of the traineeship, including the on the job work experience and demonstration of competencies. The parties also note that this would result in the equivalent of a full day’s on the job work per week.

Example of the Calculation for the Wage Rate for a Part-Time Traineeship

A school student commences a traineeship in year 11 the ordinary hours of work in the Parent Award are 38. The training agreement specifies two years (24 months) as the length of the traineeship.

"Average weekly training time" is therefore 7.6 x 12/24 = 3.8 hours.

"Trainee hours" totals 15 hours; these are made up of 11 hours work which is worked over two days of the week plus 1-1/2 hours on the job training plus 2-1/2 hours off the job approved training at school and at TAFE.

So the wage rate in year 11 is:

$181 x 15 - 3.8 = $66.68 plus any applicable penalty rates under the Parent Award.

30.4

The wage rate varies when the student completes year 11 and passes the anniversary date of 1 January the following year to begin year 12 and/or if "trainee hours" changes.

(7) Grievance Procedures for Trainees

(a) Procedures relating to grievances of individual trainees

(i) A trainee shall notify the employer as to the substance of any grievance and request a meeting with the employer for bilateral discussions in order to settle the grievance.

(ii) If no remedy to the trainee’s grievance is found, then the trainee shall seek further discussions and attempt to resolve the grievance at a higher level of authority, where appropriate.

(iii) Reasonable time limits must be allowed for discussions at each level of authority.

(iv) At the conclusion of the discussions, the employer must provide a response to the trainee’s grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy. At this stage an employer or a trainee may involve an industrial organisation of employers or employees of which he/she is a member.

(v) If no resolution of the trainee’s grievance can be found, then the matter may be referred to the Industrial Relations Commission of New South Wales by either the trainee or the employer or the industrial organization representing either party.

(vi) While this grievance procedure is being followed, normal work shall continue.

(b) Procedures relating to disputes, etc., between employers and their trainees:

(i) A question, dispute or difficulty must initially be dealt with at the workplace level where the problem has arisen. If the problem cannot be resolved at this level, the matter shall be referred to a higher level of authority.

(ii) If no resolution can be found to the question, dispute or difficulty the matter may be referred to the Industrial Relations Commission of New South Wales by any party to the dispute or the industrial organization representing any of the parties to the dispute.

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

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

(v) The employer may be represented by an industrial organisation of employers and the trainees may be represented by an industrial organisation of employees for the purpose of each procedure.

34. SETTLEMENT OF DISPUTES

Subject to the provisions of the Industrial Relations Act 1996, any dispute shall be dealt with in the following manner:

(i) where a dispute arises at a particular job location which cannot be resolved between the employees or their representative and the supervising staff, it shall be referred to the Industrial Officer or other officer nominated by the employer who will then arrange for the matter to be discussed with the union or unions concerned;

(ii) failing settlement of the issue at this level the matter should be referred to senior management and if appropriate the assistance of an officer of the relevant employer organisation requested;

(iii) if the matter remains unresolved it should be referred to the Industrial Relations Commission under the Industrial Relations Act 1996;

(iv) whilst these procedures are continuing, no stoppage of work or any other form of limitation of work shall be applied;

(v) the right is reserved to the parties to vary this procedure where a safety factor is involved.

35. LEAVE RESERVED

(i) Leave is reserved to apply for variation of this award following any variation in the General Construction and Maintenance, Civil and Mechanical Engineering, &c (State) Award.

36. SUPERANNUATION

(a) The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act, 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and s124 of the Industrial Relations Act 1996 (NSW). The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

(b) Subject to the requirements of this legislation, superannuation contributions may be made to:

Australian Superannuation Savings Employment Trust (ASSET)

Australian Primary Industry Superannuation Fund (APISF)

First State Super (FSS)

Australian Public Superannuation (APS)

Or such other funds that comply with the requirements of this legislation.

NOTATION: Employer contributions under relevant legislation are set at 7% until 30 June 2000, when they will increase to 8% and a final adjustment of 9% from 1 July 2002.

37. WORKING IN THE RAIN

All employees called upon to work in the rain shall be paid the allowance prescribed by Item 15 of Table 2 - Other Rates and Allowances, of Part B - Monetary Rates, in addition to their ordinary rates, irrespective of the time worked.

38. AREA, INCIDENCE AND DURATION

The award published on 20 March 1998 took effect from the first full pay period to commence on or after 11 June 1997.

(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 Awards made by the Industrial Relations Commission of the New South Wales on 18 December 1998 (308 IG 307) take effect on and from 8 June 2001.

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Surveyors’ Field Hands (State) Award published 20 March 1998 (303 I.G. 1167) and all variations thereof. It shall apply to all employees of the classes mentioned in Clause 3, Wages, within the jurisdiction of the Surveyors' Assistants (State) Industrial Committee in the State, excluding the County of Yancowinna and also excluding those employees covered by the Crown Employees (Roads & Traffic Authority of NSW - Wages Staff) Award.

This award remains in force until varied or rescinded, the period for which it was made already having expired.

PART B

MONETARY RATES

Table 1 - Wage Private Sector

Weekly Hands Classification	Old Rate $	SWC 2000 $	Weekly Rate $
Instrument Person	458.40	15.00	473.40
	456.00	15.00	471.00
	432.60	15.00	447.60
	422.00	15.00	437.00
	452.90	15.00	467.90

Table 2 - Other Rates and Allowances

Item No.	Clause No.	Brief Description	Amount ($)
1	3(i)(b)	Daily Hands	4.35
2	3(ii)	Motor Vehicle/Launch Allowance	1.85 per day
3	3(ii)	Four-wheel-drive Allowance	2.40 per day
4	3(iii)	Hydrographics Duties Allowance	1.90 per day
5	3(v)	Inclement Weather Allowance	21.15
6	4(i)	Wet Places Allowance	0.43 per day
7	6	Underground Work Allowance	0.48 per day
8	14(i)	Distant Places Allowance	0.85 per day
	14(i)	Distant Places Western Division	1.45 per day
9	14(ii)	Distant Places Snowy River	1.45 per day
10	17(iii)	First-aid Allowance	1.85 per day
11	20(ii)(d)	Meal Allowance	9.30
	28	Meal Allowance	9.30
	28	Each Subsequent Meal	7.90
12	20(ii)(d)	Bed Allowance	50.05
13	20(v)(a)	Return Home Allowance	37.50
14	20(vii)	Travelling Allowance (Public Sector)	Per Day
		More than 3 but not more than 10 km	3.70
		More than 10 but not more than 20 km	7.75
		More than 20 but not more than 30 km	11.60
		More than 30 but not more than 40 km	15.50
		More than 40 but not more than 50 km	19.05
		More than 50 but not more than 60 km	22.75
		More than 60 but not more than 70 km	26.70
		More than 70 but not more than 80 km	30.40
		More than 80 but not more than 90 km	34.10
		More than 90 but not more than 100 km	38.05
15	37	Rain Allowance	2.05

PART C

MONETARY RATES - TRAINEESHIPS

(1) The following monetary rates shall apply from the beginning of the first full pay period on or after 8 June 2001.

Table 1(a) - Weekly Rates - Industry/Skill Level A

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level A.

	Highest Year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School leaver	138.00 (50%) 161.00 (33%)	171.00 (33%) 193.00 (25%)	235.00
Plus 1 year out of school	193.00	235.00	274.00
Plus 2 years	235.00	274.00	319.00
Plus 3 years	274.00	319.00	364.00
Plus 4 years	319.00	364.00
Plus 5 years or more	364.00

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

Table 1(b) - Weekly Rates - Industry/Skill Level B

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level B.

	Highest Year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School leaver	138.00 (50%) 161.00 (33%)	171.00 (33%) 193.00 (25%)	225.00
Plus 1 year out of school	193.00	225.00	259.00
Plus 2 years	225.00	259.00	304.00
Plus 3 years	259.00	304.00	346.00
Plus 4 years	304.00	346.00
Plus 5 years or more	346.00

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

Table 1(c) - Weekly Rates - Industry/Skill Level C

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level C.

	Highest Year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School leaver	138.00 (50%) 161.00 (33%)	171.00 (33%) 193.00 (25%)	214.00
Plus 1 year out of school	193.00	214.00	240.00
Plus 2 years	214.00	240.00	269.00
Plus 3 years	240.00	269.00	301.00
Plus 4 years	269.00	301.00
Plus 5 years or more	301.00

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

Table 1(d) - School-Based Traineeships

	Year of Schooling
	Year 11	Year 12
	$	$
School based traineeships Skill Levels A, B and C	176.00	193.00

Table 1(e) - Hourly Rates for Trainees Who Have Left School

Skill Level A	Year 10 $	Year 11 $	Year 12 $
School leaver	5.79	6.34	7.73
Plus 1 year after leaving school	6.34	7.73	9.01
Plus 2 years	7.73	9.01	10.49
Plus 3 years	9.01	10.49	11.97
Plus 4 years	10.49	11.97
Plus 5 years or more	11.97
Skill Level B
School leaver	5.79	6.34	7.40
Plus 1 year after leaving school	6.34	7.40	8.52
Plus 2 years	7.40	8.52	10.00
Plus 3 years	8.52	10.00	11.38
Plus 4 years	10.00	11.38
Plus 5 years or more	11.38
Skill Level C
School leaver	5.79	6.34	7.04
Plus 1 year after leaving school	6.34	7.04	7.89
Plus 2 years	7.04	7.89	8.85
Plus 3 years	7.89	8.85	9.90
Plus 4 years	8.85	9.90
Plus 5 years or more	9.90

Table 1(f) - Hourly Rates for School-Based Traineeships

Year of Schooling

Year 11

Year 12

Skills levels A, B and C

5.79

6.34

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

(2) The following monetary rates shall apply from the beginning of the first full pay period on or after 8 August, 2001.

Table 2(a) - Weekly Rates - Industry/Skill Level A

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level A.

	Highest Year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School leaver	142.00 (50%) 165.00 (33%)	176.00 (33%) 198.00 (25%)	241.00
Plus 1 year out of school	198.00	241.00	281.00
Plus 2 years	241.00	281.00	327.00
Plus 3 years	281.00	327.00	374.00
Plus 4 years	327.00	374.00
Plus 5 years or more	374.00

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

Table 2(b) - Weekly Rates - Industry/Skill Level B

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level B.

	Highest Year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School leaver	142.00 (50%) 165.00 (33%)	176.00 (33%) 198.00 (25%)	231.00
Plus 1 year out of school	198.00	231.00	266.00
Plus 2 years	231.00	266.00	312.00
Plus 3 years	266.00	312.00	356.00
Plus 4 years	312.00	356.00
Plus 5 years or more	356.00

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

Table 2(c) - Weekly Rates - Industry/Skill Level C

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level C.

	Highest Year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School leaver	142.00 (50%) 165.00 (33%)	176.00 (33%) 198.00 (25%)	221.00
Plus 1 year out of school	198.00	221.00	248.00
Plus 2 years	221.00	248.00	278.00
Plus 3 years	248.00	278.00	311.00
Plus 4 years	278.00	311.00
Plus 5 years or more	311.00

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

Table 2(d) - School-Based Traineeships

	Year of Schooling
	Year 11	Year 12
	$	$
School based traineeships Skill Levels A, B and C	181.00	198.00

Table 2(e) - Hourly Rates for Trainees Who Have Left School

Skill Level A	Year 10 $	Year 11 $	Year 12 $
School leaver	5.95	6.51	7.93
Plus 1 year after leaving school	6.51	7.93	9.24
Plus 2 years	7.93	9.24	10.76
Plus 3 years	9.24	10.76	12.30
Plus 4 years	10.76	12.30
Plus 5 years or more	12.30
Skill Level B
School leaver	5.95	6.51	7.60
Plus 1 year after leaving school	6.51	7.60	8.75
Plus 2 years	7.60	8.75	10.26
Plus 3 years	8.75	10.26	11.71
Plus 4 years	10.26	11.71
Plus 5 years or more	11.71
Skill Level C
School leaver	5.95	6.51	7.27
Plus 1 year after leaving school	6.51	7.27	8.16
Plus 2 years	7.27	8.16	9.14
Plus 3 years	8.16	9.14	10.23
Plus 4 years	9.14	10.23
Plus 5 years or more	10.23

Table 2(f) - Hourly Rates for School-Based Traineeships

Year of Schooling

Year 11

Year 12

Skills levels A, B and C

5.95

6.51

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

(3) The following monetary rates shall apply from the beginning of the first full pay period on or after 8 October, 2001.

Table 3(a) - Weekly Rates - Industry/Skill Level A

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level A.

	Highest Year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School leaver	187.00	205.00	249.00
Plus 1 year out of school	205.00	249.00	290.00
Plus 2 years	249.00	290.00	337.00
Plus 3 years	290.00	337.00	386.00
Plus 4 years	337.00	386.00
Plus 5 years or more	386.00

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

Table 3 (b) - Weekly Rates - Industry/Skill Level B

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level B.

	Highest Year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School leaver	187.00	205.00	239.00
Plus 1 year out of school	205.00	239.00	275.00
Plus 2 years	239.00	275.00	323.00
Plus 3 years	275.00	323.00	368.00
Plus 4 years	323.00	368.00
Plus 5 years or more	368.00

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

Table 3(c) - Weekly Rates - Industry/Skill Level C

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at Skill Level C.

	Highest Year of Schooling Completed
	Year 10	Year 11	Year 12
	$	$	$
School leaver	187.00	205.00	230.00
Plus 1 year out of school	205.00	230.00	258.00
Plus 2 years	230.00	258.00	289.00
Plus 3 years	258.00	289.00	323.00
Plus 4 years	289.00	323.00
Plus 5 years or more	323.00

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

Table 3 (d) - School-Based Traineeships

	Year of Schooling
	Year 11	Year 12
	$	$
School based traineeships Skill Levels A, B and C	187.00	205.00

Table 3(e) - Hourly Rates for Trainees Who Have Left School

Skill Level A	Year 10 $	Year 11 $	Year 12 $
School leaver	6.15	6.74	8.19
Plus 1 year after leaving school	6.74	8.19	9.54
Plus 2 years	8.19	9.54	11.09
Plus 3 years	9.54	11.09	12.70
Plus 4 years	11.09	12.70
Plus 5 years or more	12.70
Skill Level B
School leaver	6.15	6.74	7.86
Plus 1 year after leaving school	6.74	7.86	9.05
Plus 2 years	7.86	9.05	10.63
Plus 3 years	9.05	10.63	12.11
Plus 4 years	10.63	12.11
Plus 5 years or more	12.11
Skill Level C
School leaver	6.15	6.74	7.57
Plus 1 year after leaving school	6.74	7.57	8.49
Plus 2 years	7.57	8.49	9.51
Plus 3 years	8.49	9.51	10.63
Plus 4 years	9.51	10.63
Plus 5 years or more	10.63

Table 3(f) - Hourly Rates for School-Based Traineeships

Year of Schooling

Year 11

Year 12

Skills levels A, B and C

6.15

6.74

The average proportion of time spent in structured training which has been taken into account in setting the above rates is 20 per cent.

APPENDIX A - INDUSTRY SKILL LEVELS

Industry/Skill Level A:

Office Clerical

Commonwealth Public Sector Clerical

State Public Sector Clerical

Local Government Clerical

Finance, Property and Business Services

Industry/Skill Level B:

Wholesale and Retail

Recreation and Personal Services

Transport and Storage

Manufacturing

Industry/Skill Level C:

Community Service and Health

Pastoral

Environmental

Wholesale and Retail - Vehicle Repair Services and Retail Sector

SURVEYORS' ASSISTANTS (STATE) INDUSTRIAL COMMITTEE

INDUSTRIES AND CALLINGS

Surveyors' assistants in the State, excluding the County of Yancowinna;

excepting employees of -

State Rail Authority of New South Wales;

State Transit Authority of New South Wales;

The Water Board;

The Hunter District Water Board;

The Council of the City of Sydney;

Sydney Electricity;

The Electricity Commission of New South Wales, trading as Pacific Power;

The Broken Hill Proprietary Company Limited;

Shire and Municipal Councils;

Australian Iron and Steel Proprietary Limited, within the jurisdiction of the Iron and Steel Works Employees (Australian Iron & Steel Proprietary Limited) Industrial Committee and the Quarries (Australian Iron and Steel Pty Limited) Industrial Committee;

Australian Wire Industries Pty Ltd at its Newcastle Wiremill;

Blue Circle Southern Cement Limited;

The Council of the City of Newcastle;

The Australian Gas Light Company;

and excepting -

Employees within the jurisdiction of the Special Steels and Steel Products Manufacture (Commonwealth Steel Company Limited) Industrial Committee; the Tubemakers of Australia Limited, Newcastle Industrial Committee; the County Councils (Electricity Undertakings) Employees Industrial Committee; the Crown Employees (General) Industrial Committee (other than surveyors' labourers); the Crown Employees (Professional) Industrial Committee; the John Lysaght (Australia) Limited Port Kembla Industrial Committee; the John Lysaght (Australia) Limited Unanderra Industrial Committee and the Cement Workers, &c. (State) Industrial Committee.

B. W. O'NEILL, Commissioner

____________________

Printed by the authority of the Industrial Registrar.

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