BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(534)

SERIAL C0733

PLANT, &C., OPERATORS ON CONSTRUCTION (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

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

(Nos. IRC 5825 of 1999 and 1743 of 2000)

Before Commissioner O'Neill

25 June 2001

REIVEWED AWARD

1. ARRANGEMENT

Clause No	Subject Matter
1	Arrangement
2	Interpretation
3	Anti-Discrimination
4	Definitions
5	Wage Rates
6	Structural Efficiency Exercise
7	Award Modernisation
8	Casual Labour
9	Contract of Employment
10	Termination of Employment
11	Hours, Day Workers
12	Hours of Work - Part Time Employment
13	Meal Interval
14	Meal Interval During Overtime
15	Overtime
16	Public Holidays and Holiday Work
17	Weekend Work
18	Shift Work
19	Sick Leave
20	Personal/Carer's Leave
21	Jury Service
22	Annual Leave
23	Long Service Leave
24	Parental Leave
25	Mixed Functions
26	Superannuation
27	Right of Entry
28	Payment of Wages
29	Annual Leave Loading
30	Redundancy
31	Fares and travel Pattern Allowance
32	Union Representative
33	Country Work
34	Camping Area
35	Caravan Allowance
36	Automation and Mechanisation
37	Distant Place Allowance
38	Miscellaneous
39	Bereavement Leave
40	Trade Union Training Leave
41	Exemptions
42	Leave Reserved
43	Settlement of Disputes
44	Prohibition of Bans, Limitations and Restrictions
45	Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Rates of Pay

Table 2 - Other Rates and Allowances

2. INTERPRETATION

Unless the context of this award indicates otherwise, classifications and words in the masculine gender shall be read as being equally applicable to the feminine gender.

3. ANTI‑DISCRIMINATION

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

3.2 It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

3.3 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.

3.4 Nothing in this clause is to be taken to affect:

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

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

3.4.3 any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

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

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

NOTES

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

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

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

4. DEFINITIONS

Self-propelled - Capable of moving under its own propulsion.

Mobile - Capable of being towed over a long distance.

Semi-mobile - Capable of being towed intact over a work site for a short distance.

Portable - Capable of being carried intact.

Chassis-mounted - Mounted on a chassis but having an independent power unit.

Stationary - Usually fixed in location.

Aggregate Spreader - A device which will spread aggregate at a predetermined rate and width and operating on the fantail hopper or rotary principle.

Bituminous Pre-mix Batch Plant - A machine for producing mixtures of aggregate with bitumen or tar binder - consists of aggregate storage hopper pug mill for incorporating a binder in the aggregate and deliver hopper. May also include an aggregate drier and binder heating unit. When a mixer includes an aggregate drier it may be called a Hot Mixer. Mixers may be mobile or semi-mobile.

Crane - A specially designed structure equipped with mechanical means for moving a load by raising and/or lowering and transporting it whilst it is in a state of motion or suspension.

Crane Mobile - A crane, usually of the job type, mounted on a specially designed chassis to permit both load manipulation and travelling under its own power.

Crane Tower - A cantilever or job-type crane, mounted on a tower to facilitate the handling of load to heights that would not otherwise be possible.

Dumper - A self-propelled unit designed for the transportation of soil, sand, rock, etc., off the highway.

Earth or Rock Boring Machine Operator - A mobile, truck mounted or self-propelled machine incorporating a cutting bit or auger for boring holes of various diameters and depths in earth or rock; the bit or auger is raised or lowered by mechanical means.

Excavator, basic unit - A unit which consists of a revolving or fixed super-structure, including "A" frame or mast mounted on a base. The super-structure usually carries the power unit and operating machinery and mobility is achieved through crawler tracks, wheels, walkers and pontoons. Particular attachments may be connected in order that particular operations may be performed.

Greaser excavator - Means an employee who is assigned to an excavating unit to carry out lubrication and/or fuelling of that unit.

Greaser - Workshop or Service Area - An employee who carries out the lubrication and/or fuelling of various items of mechanical equipment in a workshop or other fixed servicing area.

Loader - Bucket - A machine fitted with a gathering device and endless elevating chain or belt to which is attached a series of buckets.

Loader - belt force feed - A self-propelled or mobile machine fitted with an endless elevating belt and gathering device.

Loader - front end - A self-propelled machine fitted with a bucket from which the loaded material can be discharged at the loaded end only.

Loader - overhead - A self-propelled machine fitted with a bucket which is passed over the top of the machine for discharging.

Loader - belt - A stationary machine fitted with endless elevating belts with a hopper device.

Tractor (a) A prime-mover mounted on continuous self-elevating tracks and normally used for pushing or pulling other equipment or attachments.

(b) A prime-mover mounted on two or more wheels and normally used for pushing or pulling other equipment or attachments.

Trencher - A heavy machine designed for digging trenches. It consists essentially of a power-operated endless chain or circular frame, equipped with buckets or digging arms and means for discharging the excavated material on one or both sides of the trench.

Winch - A hand or power operated machine usually having a geared winding drum(s) with or without clutches and brakes, used for exerting a pull by means of a rope wound round the drum(s).

Winder - A type of power operated winch fitted with additional safety devices to make it suitable for the hauling of men and materials up vertical or inclined tracks.

Casual employee - An employee who is dismissed or is refused work through no fault of his own before the expiration of fourteen days from the date he starts work. A casual employee does not include an employee usually engaged in another capacity by the employer concerned, and who is called upon to do work coming under the terms of this award.

Operator in Charge of Plant - An employee shall be deemed to be in charge of his plant item where:

(a) two or more operators are employed on a unit of plant at the same time and he, the operator, is specifically entrusted with the superintendence and responsibility;

(b) when an operator is instructed by the supervisor of the work that his duties are to include repairs to his unit of plant, in addition to the work of operating the plant, but not when he merely assists the fitter or engineer to do such work.

Spreader - Concrete - A machine designed to be moved on edge form work or rails and used for spreading un-compacted concrete to pre-determined thickness.

Drag Spreader - A drag, with or without a series of blades, arranged to deliver aggregate or bituminous mixtures to a single blade which spreads material evenly over the road surface.

Spreader - Aggregate - A device which will spread aggregate at a pre-determined rate and width, and operating on the Fantail, Hopper or Rotary Principle - (see also Drag Spreader).

Act - Unless otherwise specified, Act means the Industrial Relations Act 1996 (NSW)

5. WAGE RATES

(i) (a) Employees under this award shall be paid, as a minimum, the relevant rate as prescribed in Table 1 of Part B, Monetary Rates.

(b) Floating/Mobile/Other Crane Capacity Adjustment - For every five tonnes in excess of 20 tonnes an amount as set out in Item 9 of Table 1 of Part B, Monetary Rates shall be added to the base rate for Group D in paragraph (c) of this subclause below.

Group A -

Air Compressor Operators

Electric Motor Attendants

All Winch Drivers

Service People

Operators of other cranes up to and including 5 tonnes.

Group B -

Operator of Tractor - up to but not exceeding 48kw (65hp)

Operator of Skid Steer Tractor - up to but not exceeding 48kw (65hp)

Operator of Compactor - up to but not exceeding 48kw (65hp)

Operator of Fork Lift - up to but not exceeding 48kw (65hp)

Operator of Mobile Crane - up to and including 10 tonnes

Operator of Floating Crane - up to and including 10 tonnes

Operator of Other Cranes - over 5 and not exceeding 15 tonnes

Operator of Road Roller

Operator of Road Sealing and Surfacing Plant

Group C -

Operator of Tractor - from 48kw (65hp) up to but not exceeding 96kw (130hp)

Operator of Loader - front-end and overhead - from 48kw (65hp) up to but not exceeding 96kw (130hp)

Operator of Dragline/Shovel Excavator - up to 0.5 cubic metres

Operator of Dumper - up to but not exceeding 25 tonnes

Operator of Grader - up to and including 90kw (120hp)

Operator of Compactor - from 48kw (65hp) but not exceeding 96kw (130hp)

Operator of Skid Steer Tractor - from 48kw (65hp) up to but not exceeding 96kw (130hp)

Operator of Fork Lift - from 48kw (65hp) up to but not exceeding 96kw (130hp)

Operator of Mobile Crane - over 10 but not exceeding 20 tonnes

Operator of Floating Crane - over 10 but not exceeding 20 tonnes

Operator of Other Cranes - over 15 but not exceeding 20 tonnes

Group D -

Operator of Tractor - from 96kw (130hp) up to but not exceeding 220kw (295hp)

Operator of Excavator - Hydraulic Telescopic Boom Type

Operator of Dragline/Shovel Excavator - from 0.5 cubic metres up to but not exceeding 1.5 cubic metres

Operator of Fork Lift - from 96kw (130hp) up to but not exceeding 220kw (295hp)

Operator of Dumper - from 25 tonnes up to but not exceeding 40 tonnes

Operator of Grader - from 96kw (130hp) up to but not exceeding 148kw (200hp)

Operator of Loader - front end and overhead from 96kw (130hp) up to but not exceeding 220kw (295hp) capacity

Operator of Slide Boom/Pipe Layer - up to but not exceeding 96kw (130hp)

Operator of Compactor - from 96kw (130hp) up to but not exceeding 220kw (295hp)

Operator of Skid Steer Tractor - from 96kw (130hp) up to but not exceeding 220kw (295hp)

Group E -

Operator of Grader - from 148kw (200hp)

Operator of Tractor - from 220kw (295hp) up to but not exceeding 370kw (500hp)

Operator of Dumper - from 40 tonnes up to but not exceeding 100 tonnes

Operator of Loader - front end and overhead, from 220kw (295 hp) up to but not exceeding 370kw (500hp)

Operator of Compactor - from 220kw (295hp)

Operator of Skid Steer Tractor from 220kw (295hp)

Operator of Dragline/Shovel Excavator - from 1.5 metres up to but not exceeding 3.0 metre capacity

Operator of Side Boom/Pipe Layer - from 96kw (130hp) but not exceeding 220kw (295hp)

Group F -

Operator of Tractor - from 370kw (500hp) up to but not exceeding 450kw (600hp)

Operator of Dragline/Shovel Excavator - from 3.0 cubic metres up to but not exceeding 5 cubic metres

Operator of Dumper - from 100 tonnes truck capacity

Operator of Loader - front end and overhead, from 370kw (500hp) up to but not exceeding 450kw (600hp)

Group G -

Operator of Dragline/Shovel Excavator - from 5 cubic metres

Operator of Side Boom/Pipe Layer - from 220kw (295hp)

Group H -

Operator of Tractor - from 450kw (600hp)

Operator of Tower Crane

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

(a) any equivalent overaward payments and/or

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

(iii) Additions to the Total Weekly Wage shall be paid an amount as set out in Item 1 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates.

An employee shall be deemed to be in charge of his plant item where:

(a) Two or more operators are employed on a unit or plant at the same time and he is the operator specifically entrusted with the superintendence and responsibility.

(b) When an operator is instructed by his supervisor of the work that his duties are to include repairs to his unit or plant in addition to the work of operating the plant and not when he merely assists the fitter or engineer to do such work.

(c) For the purpose of this allowance a Field Service Grease Truck will be regarded as a unit or plant and an employee placed in charge of such truck shall be eligible for payment. Extra rates payable under this subclause shall be regarded as part of an employee's ordinary wage for the purposes of this award.

(iv) Industry Allowance -

(a) Employees working in the open on civil and/or mechanical engineering projects and thereby being subject to climatic conditions, that is, dust blowing in the wind, drippings from newly-poured concrete, sloppy and muddy conditions, the lack of usual amenities associated with factory work (for example, meal rooms, change rooms, lockers, etc) shall be paid an additional amount as set out in Item 2 of Table 2 for all purposes of the award.

(b) Employees working on civil and/or mechanical engineering projects shall be paid an allowance as set out Item 3 of Table 2. This allowance shall be treated as part of the employees ordinary for all purposes of the award.

This allowance is intended to compensate employees for the additional disabilities of being required to work when exposed to inclement weather and for working in isolated and undeveloped locations.

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

(c) Waste Disposal - In addition to the allowances prescribed in paragraphs (a) and (b) of this subclause, employees engaged in waste disposal depots shall be paid a disability allowance as set out in Item 4 of Table 2 for each hour worked with a minimum payment of three hours each day. This allowance is to compensate for the special disabilities associated with the offensive and obnoxious nature of the duties of solid and liquid waste and garbage disposal. The allowance prescribed by this paragraph shall be paid for each hour the employees are suffering the disabilities and shall not form part of ordinary wage for all purposes of the award.

(viii) Leading Hands - An employee appointed as a leading hand shall be paid in addition to the wage rate otherwise prescribed, an amount as set out in Item 5 of Table 2.

Leading hand shall mean an employee who shall be in charge of any number of employees and who shall, if required, keep a record of the times of employees under his control.

(ix) Special Allowance - Employees within the Steel Works at Australian Iron & Steel, Port Kembla, shall be paid an additional amount as set out in Item 6 of Table 2 when loading/handling manganese.

(x) Employees involved in road construction work in the Illawarra region working in areas where coal wash is being unloaded, handled or spread shall be paid the sum as set out in Item 7 of Table 2. This allowance shall be paid in substitution for any rate which might otherwise be payable for dirty, wet confined spaces or similar disability.

6. STRUCTURAL EFFICIENCY EXERCISE

(a) (i) An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Award provided that such duties are not designed to promote de-skilling.

(ii) Any direction issued by an employer shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.

(b) The parties to this Award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the Building and Construction Industry and to enhance the career opportunities and job security of employees in the industry.

(c) The state parties note that the federal parties have established working parties for the testing and/or trailing of various skill levels and to enable proper consultation with both employees and employers in the industry on matters consistent with the objectives of sub-clause (b) herein. The parties shall process any such matters through a state working party.

(d) Measures raised for consideration consistent with sub-clause (c) herein shall be related to implementation of a new classification structure, any facilitative provisions contained in this Award and matters concerning training.

(e) Without limiting the rights of either an employer or a Union to arbitration, any other measure designed to increase flexibility on a site or within an enterprise sought by any party shall be notified to the relevant working party and by agreement of the parties involved shall be implemented subject to the following requirements:

(i) the changes sought shall not affect provisions reflecting national standards;

(ii) the working party will consider the implications of the proposed measures for existing on-site arrangements;

(iii) the majority of employees affected by the change at the site or enterprise must genuinely agree to the change;

(iv) no employee shall lose income as a result of the change;

(v) the relevant Union or Unions must be a party to the agreement;

(vi) any agreement shall be subject, where appropriate, to approval by the Industrial Commission and, if approved, shall operate as a Schedule to this Award and take precedence over any provision of this Award to the extent of any inconsistency.

(f) Award restructuring should be given its wider meaning, and Award restructure should not be confined to the restructuring of classifications but may extend to the review of other restrictive provisions which currently operate. To that end, such restrictive provisions will be reviewed on an ongoing basis.

(g) The parties to this Award recognise that in order to increase the efficiency, productivity and international competitiveness of industry, a greater commitment to training and skill development is required. Accordingly, the parties commit themselves to:

(i) developing a more highly skilled workforce;

(ii) providing employees with career opportunities through appropriate training to acquire additional skills; and

(iii) removing barriers to the utilization of skills acquired.

(h) Any disputes arising in relation to the implementation of this clause shall be subject to the provisions of the Settlement of Disputes Clause.

7. AWARD MODERNISATION

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

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

(i) Acceptance in principle that the new Award skill level definitions will be more suitable for the needs of the industry, sometimes more broadly based, in other matters more truly reflective of the different skill levels of the tasks now performed, but which shall incorporate the ability for an employee to perform a wider range of duties where appropriate.

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

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

8. CASUAL LABOUR

A casual employee (as defined) shall receive a loading of 15 per cent.

9. CONTRACT OF EMPLOYMENT

(i) Except as provided in clause 8, Casual Labour, of this award, employment shall be by the week. An employee to become entitled to payment on a weekly basis shall, except as provided by clause 19, Sick Leave, of this award, perform such work as the management shall from time to time require on the days and during the hours usually worked by the class of employees affected.

(ii) Employment for the first two weeks of service shall be from day to day at the weekly rate fixed; Provided that any employee who has once served a probationary period of two weeks with any employer shall not be subject to be employed for a second probationary period with the same employer except when his re-engagement takes place at least one month after the termination of this employment; Provided further than an employee shall be paid for any holiday or holidays which occur during any period he is employed on probation pursuant to this clause.

(iii) (a) An employee not attending for duty shall, except as provided by the said clause 19, lose his pay for the actual time of such non-attendance.

(b) Notwithstanding anything hereinbefore contained any employer in the State of New South Wales who by reason of the failure or shortage of electric power is unable to carry on his undertaking during all the working hours of the day may deduct from the wages of an employee payment for any part of a day in excess of 20 minutes such employee cannot be usefully employed; Provided that any employee who is required to attend for work on any day but from whom for the reason abovementioned no work is provided, shall be entitled to two hours' pay; Provided further that where any employee commences work he shall be entitled to be provided with four hours' employment or failing which be entitled to be paid for four hours' work.

(iv) Employment shall be terminated by a week's notice on either side, such notice to be given at any time during the week or by the payment or forfeiture of a week's wages, as the case may be. This shall not affect the right of the management to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases wages shall be paid up to the time of dismissal only or to deduct payment for any day the employee cannot be usefully employed because of any strike by the claimant organisations of employees or any other union or through any breakdown of machinery or any stoppage of work by any cause for which the employer cannot reasonably be held responsible; Provided that where an employer orders employees not to work on any day because of the state of the weather such orders shall not deprive the employees of their claim for payment under their weekly engagement, but if such employees cease work in any day because of the state of weather without being ordered to do so they shall not be entitled to payment for time so lost.

(v) Part-time Employment - Subject to the provisions of clauses 12, 16, 21, 22 and 24, the following shall apply to all classifications contained in this award:

(a) An employee may be employed to work ordinary hours on a part-time basis on any of the days Monday to Friday, pursuant to the provisions of clause 24, Parental Leave.

(b) An employee so engaged shall be classified as a part-time employee and be paid for ordinary hours worked at the appropriate hourly rate for the applicable work classification.

(c) Unless specifically provided by the clauses referred to above and subject to the provisions of subclause 24(D)(5) and the matters agreed to in accordance with subclause 24(D)(8), Part-time employment shall be in accordance with the provisions of this award which shall apply pro rata.

10. TERMINATION OF EMPLOYMENT

(a) One week's notice of termination of employment shall be given on either side or one week's pay shall be paid or forfeited.

(b) Subject to the termination provisions of clause 33, notice given at or before the usual starting time of any ordinary working day shall be deemed to expire at the completion of that day's work.

(c) The employer shall provide to the employee a written statement specifying the period of his/her employment and the classification of or the type of work performed by the employee.

(d) Nothing in this clause shall affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty.

11. HOURS, DAY WORKERS

11.1 Except as provided elsewhere in this award, the ordinary working hours shall be 38 per week, worked between 7.00 a.m. (6.00 a.m. in Queensland) and 6.00 p.m., Monday to Friday, in accordance with the following procedure.

11.2 Hours of work and rostered days off

11.2.1 The ordinary working hours shall be worked in a 20-day 4-week cycle, Monday to Friday inclusive, with eight hours worked for each of nineteen days and with 0.4 of an hour on each of those days accruing towards the twentieth day, which shall be taken as a paid day off. The twentieth day of that cycle shall be known as the rostered day off and shall be taken as outlined in 11.2.2 to 11.2.5 hereof. Payment on such a rostered day off shall include accrued entitlement to the allowances prescribed in clause 31 Fares and Travel Patterns Allowance (i)(a) of this award.

11.2.2 A rostered day off shall be taken on the fourth Monday in each four-week cycle, except where it falls on a public holiday, in which case the next working day shall be taken in lieu.

11.2.3 Before October each year the parties at State level will meet to programme the RDO’s for the following year, ensuring that they coincide with the public holidays to the greatest extent practicable.

11.2.4 Agreement on alternate RDO’s

(a) Where an employer, who is not a party to an industry agreement dealing with rostered days off, and a majority of employees at an enterprise agree, another day may be substituted for the nominated industry rostered day off.

(b) Where there are union members employed at the enterprise, and the majority of the members request it, the consent of the State Branch of the union shall be obtained at least five days prior to the alternate RDO being implemented.

(c) Where there is a dispute in relation to an alternate RDO, the matter may be determined in accordance with clause 43 - Settlement of Disputes of this award.

11.2.5 Agreement on banking of RDO’s

(a) Where employees are employed on distant work covered by clause 37 of this award, an employer (who is not a party to an industry agreement dealing with RDO’s) and a majority of those employees on distant work may agree to accrue up to five RDO’s for the purpose of creating a bank to be drawn upon by the employee at times mutually agreed by the employer or subject to reasonable notice by the employee.

(c) Where there is a dispute in relation to the operation of this subclause, the matter may be determined in accordance with clause 43 - Settlement of Disputes of this award.

11.2.6 Provided further that thirteen rostered days are taken off by an employee for twelve months’ continuous service.

11.2.7 Each day of paid leave taken and any holiday (as prescribed in clause 17 - Public Holidays and Holiday Work of this award), occurring during any cycle of four weeks shall be regarded as a day worked for accrual purposes.

11.2.8 An employee who has not worked, or is not regarded by reason of paragraph 12.2.7 hereof as having worked a complete nineteen-day four week cycle, shall receive pro rata accrued entitlements for each 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.

11.2.9 Except where agreement has been reached in accordance with 11.2.4 and 11.2.5 hereof, the prescribed RDO or any substituted 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 out-of-hours maintenance 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, in addition to accrued entitlements, the employee shall be paid penalty rates and provisions as prescribed for Saturday work in clause 18 - Weekend work of this award.

11.3 Agreement on working other than the RDO cycle

11.3.1 Where an employer, who is not party to an industrial agreement dealing with rostered days off, and the majority of employees employed at a particular enterprise agree that due to the nature of an employer’s operations it is not practicable for the foregoing four week cycle to operate, they may agree to an alternate method of arranging working hours. Provided that the ordinary hours worked in any one week from Monday to Friday are within the spread of hours set out in 11.1 hereof, and that no more than eight ordinary hours are worked in any one day.

11.3.2 If the employees involved are members of the union then the employer shall notify the union.

11.4 Early starts

By agreement between the employer, the employees and if requested by union members, the appropriate union, the working day may start at 6.00 a.m. or at any other time between that hour and 8.00 a.m. and the working time shall then begin to run from the time so fixed, with a consequential adjustment to the meal cessation period.

11.5 Washing time

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

12. HOURS OF WORK - PART-TIME EMPLOYMENT

(i) This clause shall only apply in respect of the operation of clause 24, Parental Leave.

(ii) Notwithstanding the provisions of clauses 11, Hours, Day Workers and 18, Shift Work, an employee working on a part-time basis pursuant to the provisions of the said clause 24 may be paid for actual hours worked and in such instances the employee shall not be entitled to accrue time towards a rostered day off, and further provided that such employee shall not work on the nominated industry rostered day off.

(iii) An employer and employee may agree that the part-time employee accrues time towards a rostered day off as provided by the said clauses 11 and 18. In such instances the part-time employee shall accrue pro rata entitlements to rostered days off in accordance with paragraph 7(i)(c)(4).

(iv) The actual ordinary hours of part-time work shall be arranged or varied as applicable by mutual agreement between the employer and the employee from time to time under the provisions of subclause 24 (D)(8).

13. MEAL INTERVAL

(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 subject meal break shall be taken between 11:30 a.m. and 1:30 p.m.

(ii) 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 provided that where it is necessary to alter the time of the recognised meal hour employees may be called upon to work for not more than 30 minutes during such recognised meal hour without additional rates of pay provided that they receive the equivalent meal time.

14. MEAL INTERVAL DURING OVERTIME

Cribs:

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

(ii) Any employee required to work overtime for more than one and one-half hours after ordinary ceasing time shall be provided with a meal or shall be paid an amount set out in item 8 of Table 2 of Part B for such meal and after the completion of each four hours' continuing overtime, shall be paid an amount set out in item 8 of Table 2 of Part B, for each subsequent meal in addition to overtime payment.

15. OVERTIME

(i) For all time worked on week days outside the hours prescribed in clause 11, Hours, Day Workers, of this award, overtime shall be paid at the rate of time and one-half for the first two hours and double time thereafter.

(ii) An employee recalled to work overtime after leaving his employer's business premises (whether notified before or after leaving the premises) or a day worker required to work overtime on a Saturday shall be paid for a minimum of four hours' work at the appropriate rate for each time he is so recalled; Provided that, except in the case of unforeseen circumstances arising the employee shall not be required to work the full four hours, if the job he was recalled to perform is completed in a shorter period.

This subclause shall not apply in cases where it is customary for an employee to return to his employer's premises to perform a specific job outside his ordinary working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time, or on a Saturday when overtime commenced on the day previous. Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of subclause (v) of this clause, where the actual time worked is less than four hours on such recall or on each of such recalls.

(iii) An employee occasionally required to hold himself in readiness either at his home, his place of work or elsewhere to work before or after ordinary hours or on a Saturday, which is not an ordinary working day, or on a Sunday or holiday shall be paid standing time at his ordinary rate of wage for the time which he is told to hold himself in readiness until released.

(iv) When an employee finishing overtime work or in order to commence overtime work has to travel at a time when reasonable means of transport are not available the employer shall provide him with a conveyance to or from his home or pay him at his ordinary rate of wage for the time occupied in reaching his home or work, respectively.

(v) An employee who works so much overtime -

(1) (a) between the termination of his ordinary work day or shift, and the commencement of his ordinary work in the next day or shift that he has not had at least ten consecutive hours off duty between these times,

(b) or 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 his ordinary commencing time on his next ordinary day shift, shall, subject to this subclause be released after completion of such overtime until he has had ten hours off duty without loss of pay for ordinary working time occurring during such absence.

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

(3) The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked

(a) for the purpose of changing shift rosters, or

(b) where a shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker, or

(vi) An employer may require any employee to work overtime in accordance with such requirement.

16. PUBLIC HOLIDAYS AND HOLIDAY WORK

(i) (a) An employee, other than a casual employee (as defined) shall be entitled to the following holidays without deduction of pay. Provided that if any other day be by a State Act of Parliament or State Proclamation substituted for any of the said holidays, the day so substituted shall be observed:

New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen's Birthday, Christmas Day, Boxing Day and Eight Hour Day provided that in any district where Eight Hour Day is not celebrated, Sydney Eight Hour Day shall be observed in such district and thereafter the employees shall not be entitled to any further holidays during the year on account of Eight Hour Day.

(b) Where an additional or substitute public holiday is proclaimed by Order in Council or otherwise gazetted by authority of the Australian or 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 purpose of this award, provided that an employee shall not be entitled to the benefit of more than one holiday upon such occasion.

(ii) (a) The first Monday in December of each year shall be a holiday as the Picnic Day.

(b) An employer may require from an employee evidence of his attendance at the picnic and the production of the butt of a picnic ticket issued for the picnic shall be sufficient evidence of such attendance. Where such evidence is requested by the employer payment need not be made unless the evidence is produced.

(c) This clause shall apply only to employees working in the counties of Cumberland, Northumberland and Camden and any other district where an organised picnic is held.

(iii) Where an employer holds a regular picnic for this employees on some other working day during the year such day may be given and may be taken as a picnic day in lieu of the picnic day here fixed.

(iv) All time worked on any of the holidays prescribed in this clause or substituted in lieu thereof shall be paid at a rate of double time and one-half.

(v) Employees required to work on a holiday shall be paid for a minimum of four hours' work.

(vi) Where an employee is working on a part-time basis pursuant to the provisions of clause 24, Parental Leave, the holiday provisions in this clause shall only apply in respect of that part of a holiday or group of holidays which coincide with the ordinary hours of part-time work applicable to that employee.

17. WEEKEND WORK

(i) Overtime work on a Saturday shall be paid for at the rate of time and a half for the first two hours and double time thereafter, provided that all overtime worked after 12 noon on Saturday shall be paid for at the rate of double time.

(ii) Any time worked on Sundays shall be paid at the rate of double time.

(iii) An employee required to work overtime on a Saturday or Sunday shall be paid for a minimum of four hours work, provided that, except in the case of unforeseen circumstances arising, employees shall not be required to work the full four hours, if the job they were recalled to perform is completed in a shorter period.

(iv) Where overtime is worked on a Saturday, if work continues after 12.00 noon a break for a meal of thirty minutes shall be allowed between 12.00 noon and 1.00 p.m., which meal break shall be taken without loss of pay.

Any employee required to work overtime for more than one and one-half hours after ordinary ceasing time shall be provided with a meal or shall be paid an amount as set out in Item 9 of Table 2- Other Rates and Allowances of Part B, Monetary Rates for such meal and after the completion of each four hours continuing overtime shall be paid an amount as set out in the said Item 9 for each subsequent meal in addition to the employee’s overtime payment.

18. SHIFT WORK

Where it is necessary that work is performed in shifts the following conditions shall apply.

18.1 For the purposes of this clause:

18.1.1 Afternoon shift means a shift finishing at or after 9.00 p.m. and at or before 11.00 p.m.

18.1.2 Night shift means a shift finishing after 11.00 p.m. and at or before 7.00 a.m.

18.1.3 Morning shift means a shift finishing after 12.30 p.m. and at or before 2.00 p.m.

18.1.4 Early afternoon shift means a shift finishing after 7.00 p.m. and before 9.00 p.m.

18.2 Provided that the employee is employed continuously (inclusive of public holidays) for five shifts Monday to Friday, the following rates shall apply:

18.2.1 Afternoon and night shift - ordinary time plus 50%.

18.2.2 Morning and early afternoon shifts - ordinary time plus 25%.

18.3 In the case of broken shifts (i.e. less than five consecutive shifts Monday to Friday) the rates prescribed shall be - ordinary time plus 50% for the first two hours and double ordinary time rates thereafter. Provided that where a job finishes after proceeding on shift work for more than five consecutive days or the employee terminates the employee’s services during the week, the employee shall be paid at the rate specified in 18.2 hereof for the time actually worked.

18.4 The ordinary hours of both afternoon and night shift shall be eight hours daily inclusive of meal breaks. Provided that where shift work comprises three continuous and consecutive shifts of eight hours each per day, a crib time of twenty minutes duration shall be allowed on each shift, and shall be paid for as though worked. Such crib time shall be in lieu of any other rest period or cessation of work elsewhere prescribed by this award.

18.5 For the purpose of this clause an employee shall not be required to work for more than five hours without a meal break.

18.6 An employee shall be given at least 48 hours notice of the requirements to work shift work.

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

18.8 For all work performed on a Saturday or Sunday, the normal rates of pay applicable to weekend overtime shall apply. Provided that an ordinary night shift commencing before and extending beyond midnight Friday shall be regarded as a Friday shift.

18.9 All work in excess of shift hours, Monday to Friday, other then holidays shall be paid for at double time based on the ordinary rates of pay (excluding shift rates).

18.10 The provisions of this award relating to hours of work and leave shall apply to employees working shift work.

19. SICK LEAVE

An employee who, after not less than three months' continuous service in his current employment, is unable to attend for duty during his ordinary working hours by reason of personal illness or personal incapacity (including incapacity resulting from injury within the Workers' Compensation Act 1987 (NSW), the Workplace Injury Management and Workers compensation Act 1998 (NSW), or any successor legislation) not due to his own serious and wilful misconduct shall be entitled to be paid at ordinary time rate of pay for the time of such non-attendance subject to the following:

(i) Payment in connection with sick leave is to be made on the next regular pay day after the employee reports sick and such payment shall continue on regular pay days until the employee exhausts his sick leave or resumes work.

(ii) The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to workers' compensation. Where a claim for workers' compensation is made by an employee payment of such leave under this clause shall not be payable in respect of the period covered by the said claim until such claim has been disposed of.

(iii) The employee shall within twenty-four hours of the commencement of such absence inform the employer or the employee’s representative of the employee’s inability to attend duty and as far as possible, state the nature of the illness or incapacity and the estimated duration of the same.

(iv) The employee shall prove to the satisfaction of his employer that he is or was unable on account of such illness or incapacity to attend for duty on the day or days for which payment under this clause is claimed.

(v) Subject to the provisions of subclause (vi), the employee shall not be entitled in any one year of continuous employment to sick pay for more than ten ordinary working days. Any period of paid sick leave allowed by the employer to an employee in any such year shall be deducted from the period of sick leave which may be allowed or may be carried forward under this award in or in respect of such year.

(vi) The rights under this clause shall accumulate from year to year so long as the employment continues with the employer, whether under this or any other award, so that any part of ten days which has not been allowed in any one year may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of continuous employment. Any rights which accumulate pursuant to this subclause shall be available to the employee for a period of six years, but for no longer, from the end of the year in which they accrued.

(vii) For the purpose of this clause continuous service shall be deemed not to have been broken by:

(a) any absence from work or leave granted by the employer; or

(b) any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall in each case be upon the employee); Provided that any time so lost shall not be taken into account in computing the qualifying period of three months.

(viii) Service with his employer before the date of coming into force of this award shall be counted as service for the purpose of qualifying thereunder.

20. PERSONAL/CARER'S LEAVE

(1) Use of sick leave

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 19, Sick Leave, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

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

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

(ii) the person concerned being:

(a) a spouse of the employee; or

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

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

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

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

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

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

(2) Unpaid Leave for Family Purpose

(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.

(3) Annual Leave

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

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

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

(4) Time Off in Lieu of Payment for Overtime

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

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

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

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

(5) Make-up Time

(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours take off.

(6) Rostered Days Off

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

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

(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

21. JURY SERVICE

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

An employee shall notify his employer as soon as practicable of the date upon which he is required to attend for jury service, and shall provide his employer with proof of his attendance, the duration of such attendance and the amount received in respect thereof.

An employee working part-time pursuant to clause 24, Parental Leave, required to attend for jury service during their agreed ordinary hours shall be paid in accordance with this clause on a pro-rata basis.

22. ANNUAL LEAVE

See Annual Holidays Act 1944.

23. LONG SERVICE LEAVE

See Long Service Leave Act 1955.

24. PARENTAL LEAVE

Part 4 of Chapter 2 of the Industrial Relations Act 1996 shall be read as a provision of this award.

25. MIXED FUNCTIONS

Where employment or work involves functions of a mixed character the minimum wages to be paid to the employee for the day or part of a day he is so employed shall be calculated as if he performed such only of the said functions as involve the highest rates of wages under this award. If so employed for any part of a day he shall be paid at the highest rate for the whole of such day.

26. SUPERANNUATION

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

(ii) Definitions-

"Fund" shall mean an established fund meeting all the requirements of the Superannuation Guarantee (Administration) Act, 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993, and shall include CTRF, ASSET and APS or any alternative fund as specified in paragraph (a) of subclause (iv), Exemptions, of this clause.

"ASSET" shall mean the Australian Superannuation and Savings Employment Trust.

"APS" shall mean Australian Public Superannuation.

"CTRF" shall mean Combined Trade Union Retirement Fund

"Alternative Fund" shall mean any fund which complies with the Commonwealth’s Operational Standards for Occupational Superannuation Funds and which has received the appropriate preliminary listing for taxation purposes from the Insurance and Superannuation Commission.

"The employer" shall mean any employer engaged in the industry to which subclause (ii) of clause 45, Area, Incidence and Duration, of this award applies.

"The employee" shall mean any employee engaged under the terms of this award.

"Ordinary-time earnings" shall mean the rate of wage as specified in clause 5. Wage Rates, of this award, plus the allowances specified in paragraphs (a) and (b) of subclause (iv), Industry Allowance, of the said clause 5 and paragraph (b) of subclause (I) of clause 31, Fares and Travel Pattern Allowance, of this award.

(iii) Employer Contributions to Superannuation - Subject to the rules of the Fund an employer shall contribute to the Fund in respect of each eligible employee an amount not less than 3% of ordinary time earnings calculated to the nearest 10 cents.

NOTATION: Employer contributions under relevant legislation are set at 8% and will be set at 9% from 1 July 2002.

(iv) Exemptions-This clause shall not apply in the following circumstances:

(a) Where on-site work in the construction industry is being performed and employers are contributing, for the period of such works on behalf of their employees to:

Combined Trade Union Retirement Fund (Building & Construction Fund); or

Construction Building Unions Superannuation Scheme (CBUSS); or

Allied Unions Superannuation Trust (AUST),

In which case the Trustees of the Fund will grant an exemption from the terms of this clause.

(b) The provisions of this clause shall not apply to employers who are affiliated solely with The Australian Industry Group and not with any other employer organisation and who have a majority of employees engaged in metal/manufacturing work.

(v) Expenses- The expenses incurred in the administration of the Fund shall be paid out of the assets of the Fund, not by the employers or the unions.

27. RIGHT OF ENTRY

See Part 7 of Chapter 5 of the Industrial Relations Act 1996.

28. PAYMENT OF WAGES

(i) Where the employer and majority of employees agree, employees may be paid by transfer of pay into the employee's account(s) at an employee nominated facility/facilities, such transfer being made to ensure that funds are available in those accounts by no later than the normal pay day. Provided that individual arrangements as above may be made by consent between the employer and the employee.

(ii) An employee may nominate for accounts such facilities as banks, credit unions, building societies or such other similar financial institutions.

(iii) Each employee will inform the employer on commencement or no later than the end of the first full pay period after commencement of such nominated facilities and accounts.

(iv) Provided that where an employee is situated for a period exceeding one full day on a site located at a distance in excess of 40 kilometres round trip from a suitable financial facility, the employer and the employee may mutually agree to an alternative.

(v) The employer will recompense the employee for such costs/charges as are necessary to establish such initial nominated account(s) but will not be responsible for any ongoing recurrent costs/charges.

(vi) On payment by an employer of any wages to an employee, the employer shall furnish to the employee either by noting on the pay envelope of the employee or by way of a statement in writing handed to the employee at the time when payment is made, the particulars prescribed by the Industrial Relations Act 1996 and the regulations thereto.

(vii) One day of each pay period shall be recognised as the pay day for the job. It shall not be later than the same day in each period. Employees shall be paid during their ordinary working hours. If they are paid during the ordinary mealtime, such time so occupied shall be added to the actual mealtime.

An employee kept waiting for his wages for more than one-quarter of an hour after the usual time of ceasing work shall be paid overtime rates after that quarter of an hour with a minimum of a quarter of an hour.

(viii) When employees are discharged, except for misconduct, they shall be paid all wages due to them at the time of their discharge. In the case of discharge for misconduct or of resignation they shall be paid all wages due to them within 24 hours after discharge or after the expiry of the period of notice. The pay period shall close not more than three working days before the recognised pay day.

(ix) The time occupied by an employee in filling in any time record or cards or in the making of records shall be treated as time of duty but this does not apply to checking in or out when entering or leaving the employer's premises.

(x) In the event that a scheduled day off falls on payday, the employer shall pay wages to the employees 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. 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.

(xi) Part-time Employees - The method of paying wages to an employee working on a part-time basis shall be in terms recorded as being agreed between the employer and the employee pursuant to clause 24, Parental Leave.

29. ANNUAL LEAVE LOADING

(i) In this clause the Annual Holidays Act 1944 is referred to as the Act.

(ii) Before an employee is given and takes his annual leave or, where by agreement between the employer and employee the annual leave is given and taken in more than one separate period, then before each of such separate periods, the employer shall pay his employee a loading determined in accordance with this clause. (NOTE - The obligation to pay in advance does not apply where an employee takes annual leave wholly or partly in advance - see subclause (vi).)

(iii) The loading is payable in addition to the pay for the period of annual leave taken and given and due to the employee under the Act.

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

(v) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (v) of the rate per week of 171/2 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 his annual leave.

(vi) No loading is payable to an employee who takes annual leave wholly or partly in advance; Provided that, if the employment of such an employee continues until the day when he would have become entitled under the Act to annual leave, the loading then becomes payable in respect of the period of such leave and is to be calculated in accordance with subclause (v) of this clause, applying the award rate of wages payable on that day.

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

(a) An employee who is entitled under the Act to annual leave and who is given and takes such leave shall be paid the loading calculated in accordance with subclause (v) of this clause.

(b) An employee who is not entitled under the Act to annual leave and who is given and takes leave without pay, shall be paid in addition to the amount payable to him under the Act, such proportion of the leading that would have been payable to him under this clause if he had become entitled to annual leave prior to the close-down as his qualifying period of employment in completed weeks bears to 52.

(viii) (a) When the employment of an employee is terminated by his 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 annual leave to which he became entitled, he shall be paid a loading calculated in accordance with subclause (v) for the period not taken.

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

(ix) An employee who is given and takes annual leave and who would have worked as a shift worker if he had not been on leave; Provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, that amount shall be paid to the employee in lieu of the loading.

30. REDUNDANCY

(a) Definition: "Redundancy" means a situation where an employee ceases to be employed by a employer, respondent to this award, other than for reasons of misconduct or refusal of duty. "Redundant" has a corresponding meaning.

(b) Redundancy Pay: A redundant employee shall receive redundancy/severance payments, calculated as follows, in respect of all continuous service (as defined by this Award) with his or her employer provided that any service prior to 22 March, 1989 shall not be counted as service unless the employee is made redundant by the Employer.

Period of continuous service with an employer	Redundancy/ Severance Pay
1 year or more but less than 2 years	2.4 weeks pay plus, for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks pay.
2 years or more but less than3 years	4.8 weeks pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks pay.
3 years or more but less than 4 years	7 weeks pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks pay.
4 years or more	8 weeks pay.

Provided that an employee employed for less than twelve (12) months shall be entitled to a redundancy/severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee.

(d) If an employee dies with a period of eligible service which would have entitled that employee to redundancy pay, such redundancy pay entitlement shall be paid to the estate of the employee.

(e) (i) Any period of service as a casual shall not entitle an employee to accrue service in accordance with this clause for that period.

(ii) Service as an apprentice will entitled an employee to accumulate credits towards the payment of a redundancy benefit in accordance with this clause if the employee completes an apprenticeship and remains in employment with that employer for a further 12 months.

(f) An employer bound by this award may utilise a fund to meet all or some of the liabilities created by this clause. Where an employer utilises such a fund:

(i) payments made by a fund designed to meet an employer's liabilities under this clause, to employees eligible for redundancy/severance pay shall be set off against the liability of the employer under this clause, and the employee shall receive the fund payment or the award benefit whichever is the greater but not both; or

(ii) where a fund, which has been established pursuant to an agreement between unions and employers, does not make payments in accordance with this clause, contributions made by an employer on behalf of an employee to the fund, shall, to the extent of those contributions, be set off against the liability of the employer under this clause, and payments to the employee shall be made in accordance with the rules of the fund or any agreement relating thereto and the employee shall be entitled to the fund benefit or the award benefit whichever is greater but not both.

(g) Service as an employee for the Crown in the Right of the State of New South Wales shall not be counted as service for the purpose of this clause.

(h) Employee leaving during notice

An employee whose employment is to be terminated in accordance with this clause may terminate his or her employment during the period of notice and if this occurs, shall be entitled to the provisions of this clause as if the employee remains with the employer until expiry of such notice. Provided that in such circumstances, the employee shall not be entitled to payment in lieu of notice.

(i) Transmission of Business

(i) Where a business is, before of after the date of this award, transmitted from an employer (in this subclause called "the transmittor") to another employer (in this subclause called "the transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

(a) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

(b) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

(ii) In this subclause "business" includes trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

31. FARES AND TRAVEL PATTERN ALLOWANCE

(i) (a) An allowance as set out in item 10, of Table 2 of Part B shall be paid by employers to employees to compensate for excess fares and travelling time to and from places of work: Provided that the above stated allowance shall not be payable if the employer provides or offers to provide transport free of charge to any employee from and to a point established at a distance of not more than 3.2 kilometres from the employee's residence in which case an allowance as set out in item 10, of Table 2 of Part B shall be paid. Provided further that the provision of this sub-clause shall not apply to any employee when required to report to a fixed establishment or a fixed place of reporting such not being a construction site.

(b) In addition to the above, a travel pattern loading as set out in item 10, of Table 2 of Part B shall be paid for all purposes of the award to compensate employees of private contractors for excess travelling time incurred.

(ii) General Provisions

(a) Time taken by the vehicles provided by the employer shall not be made more than reasonable allowing for the speed of the vehicle and the condition of the road. In all cases where vehicles are provided by the employer they shall leave promptly on cessation of work and an employee shall not be required to travel a further distance than is required.

Explosives shall not be carried on vehicles which are used for the conveyance of employees.

(b) Where an employee are required to travel to and from work in the employer's vehicle the employer shall provide the vehicle with suitable seating accommodation together with a cover to protect the employees from the weather.

(c) Where an employee is sent during working hours from job to job the employer shall pay all travelling times and fares incurred in addition to the amounts the employee may be liable to pay under subclause (i), of this clause.

(d) Where an employee is not notified by the employer the day before of a transfer the employer shall be required if requested by the employee, to return the employee to the point from which the employee was transferred by time of cessation of work: provided that the provision shall only apply on the first day of transfer.

(iii) The provisions of this clause shall not apply to an employee camped or resident at the place of work. Such an employee shall be paid in accordance with the provisions of subclause (xix), of Clause 8, Camping Area, of this award.

(iv) (a) Where an employee's place of work is at a construction site located more than 40 kilometres from the employer's depot, by nearest practicable route, an employee required to provide, maintain and drive their own vehicle or where public transport is not available to enable them to get to and from such place of work shall be paid an allowance as set out in item 11, of Table 2 of Part B per kilometre for the distance travelled each way in excess of such 40 kilometres. The minimum payment under this paragraph shall not be les than item 11, of Table 2 of Part B inclusive of the allowance under subclause (i) of this clause.

(b) Where an employee during working hours is directed by the employer to use private vehicle for the purpose of the employer's business shall be paid an allowance as set out in item 11, of Table 2 of Part B. This allowance is payable in addition to any payment made under subclause (i) of this clause or under paragraph (a) of this subclause.

(c) Where an employee is directed by the employer during working hours to use private vehicle for the purpose of road escort duty shall be paid an allowance of item 11, of Table 2 of Part B. This allowance is payable in addition to any payment made under subclause (i) of this clause or under paragraph (a) of this subclause.

(d) Where an employee is required to use their private vehicle to transfer from one place to another during working hours and this requires them to travel a greater distance from the depot shall be paid an allowance as set out in item 11, of Table 2 of Part B but only for the distance travelled to and from the place of work from which they were transferred.

(e) Provided that where an employer and the union representative elect to adopt an alternative system no less favourable than the above, they may adopt those arrangements in lieu of the foregoing.

(f) Nothing in this clause shall act to reduce any existing agreement between the employer and the union that is more favourable than the provisions of this clause.

(v) An employee required by the employer to carry any fuel, oils and/or greases in his own vehicle for the use in the employer's plant shall be paid an allowance of the amount set out in Item 12, of Table 2 of Part B per day in addition to any amount payable under subclause (iv), of this clause, for each day the employee is so required by the employer to carry such materials.

32. UNION REPRESENTATIVE

An accredited job representative shall be allowed the necessary time during working hours to interview the employer or his representative on matters affecting the employees whom he represents.

33. COUNTRY WORK

(i) Country work shall mean employment at a place which requires the employee to live away from the employee's usual place of residence.

(ii) All employees, sent by the employer from the city to the country or from one country centre to another country centre, or from a country centre to the city shall have 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.

(iii) (a) Where employees are sent from one place to another, as prescribed by this clause, the employer shall provide reasonable board and lodging or shall pay an allowance as set out in item 13, of Table 2 of Part B per week of seven days but such allowance shall not be wages.

(b) In the case of broken parts of a week the allowance shall be all living expenses actually and reasonably incurred but not exceeding the amount as set out in Item 13, of Table 2 of Part B; provided that the foregoing allowance shall not be paid where camping facilities are provided.

(c) (1) An employee who is required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or the employer's representative no later than the Tuesday of each week of the employees intention to return home at the weekend and who returns home for the weekend by private transport, shall be paid an allowance a set amount in item 14, of table 2 of Part B for each such occasion.

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

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

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

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

(iv) Time occupied in travelling to and from country work shall be paid for at ordinary rates in addition to wages otherwise earned; provided that no employee shall be paid more than an ordinary day's wages for any time not exceeding twenty-four hours spent in travelling.

(v) Where employees are sent from one place to another, as prescribed by this clause, they shall be allowed an amount set out in Item 15, of Table 2 of Part B for each meal hour whilst travelling or waiting or en route and if required to spend the night at some place and all reasonable expenses. The provisions also shall apply to the return journey.

(vi) If employees are transferred to another job at their own request they shall not be entitled to fares or any allowances under this clause.

(vii) If an employer and employee engaged on country work agree in writing and subject to the procedure outlined in paragraph (c)(i) of Clause 12, Hours Day Workers, as provided for in the Parent award as defined, the paid rostered day off prescribed in that subclause may be taken and paid for at a time mutually agreed.

The agreement shall only provide for a paid day or days off work up to a maximum accrual of five days.

(viii) An employee shall be entitled to notice of termination in sufficient time to arrange suitable transport at termination, or shall be paid as if employed up to the end of the ordinary working day before transport is available.

34. CAMPING AREA

(i) When camping areas are necessary for employees such shall be provided by the employer, free of charge, and where necessary the areas shall be enclosed with a stock-proof fence. No camps shall be erected within 32.3km of the General Post Office, Sydney, nor 16.1km of the General Post Office, Newcastle.

(ii) The employer shall provide for such employees a camp with accommodation in single cubicles, each cubicle being of a size of not less than 14.2 cubic metres. Each cubicle shall be fitted with a bedstead and innerspring or rubber mattress. Each cubicle shall have a timber floor with floor covering provided, shall be fitted with a door and a moveable window of reasonable dimension and shall be furnished with a gauze screen. Each cubicle shall be ceiled and lined. Artificial lighting shall be provided in each cubicle; such lighting to be by electricity or L.P. Gas. If reasonably required, provision shall be made for heating of cubicles by means of electricity, L.P. Gas. If reasonably required, provision shall be made for heating of cubicles by means of electricity, L.P. Gas or Liquid Fuel supplied by the employer. Except where corridor type barracks are supplied a veranda 0.9m x 1.2m wide with a 0.9m square concrete slab shall be constructed in front of each room.

(iii) Facilities for locking each cubicle shall be provided by the employer.

(iv) Where the circumstances so require, the employer may, as an alternative, provide for the use of such employees caravans containing single sleeping cubicles with a floor space of not less than 4.18 square metres. Caravans shall be fitted with an Electric or Porta Gas Stove, Hot and Cold Running Water for showering and bathing facilities. Two berth caravans shall be a minimum of 4.87 metres in length. Beds shall be fitted with innerspring or rubber mattresses. Caravans shall be provided with heating as provided in subclause (ii) of this clause.

(v) In all camps, the employer shall provide free of charge, a suitable mess room, lined, ceiled and fly proofed. It shall be fitted with suitable cooking facilities, adequate tables and seating accommodation, suitable storage for food to prevent contamination, adequate refrigeration, heating and floor space for recreation.

(vi) Employers shall provide adequate water supply, reasonably convenient to all parts of the camp, and at meal times shall provide boiling water for employees in camp and on the job. Such water supply, shall be stored to prevent pollution in a covered receptacle with a tap attached. Such receptacle shall be inspected frequently and when necessary shall be cleaned out.

(vii) All fuel for heating, cooking and refrigeration shall be supplied free of charge, to employees and to mess rooms in the camping area. Patrolmen shall be provided, free of charge, with fuel and water.

(viii) The employer shall provide a lined and ceiled bathhouse fitted with showers, one to every ten employees, and washbasins, one to every five employees.

(ix) Hot and cold running water shall be available for use in showers and hand basins at ceasing time.

(x) In all camps the employer shall provide an adequate washhouse equipped with a copper and wash tubs to enable employees to wash their clothes. The copper shall be of the electric or gas type. The employer shall provide an adequate clothes line to enable employees to dry their clothes.

(xi) The employer shall install fly proof sanitary conveniences, one seat to every ten employees and each seat to be partitioned off, in all camps and on the job and shall maintain these conveniences in a clean condition. Sufficient covering to ensure decency and provide shade and protection from the weather shall be provided. Sanitary conveniences shall be sewered where reasonably practicable, and situated within reasonable distance from the living quarters with adequate access thereto provided by properly lighted paths. Such sanitary accommodation shall be so situated as to preclude possibility of contamination of the water supply and/or foodstuffs of the employees. Provisions shall be made for the effluent from the galley, laundry and showers to be carried away and dispersed in such a way to avoid any risk to health. The employer also shall supply sufficient and proper material to keep the sanitary accommodation innocuous.

(xii) The employer shall provide adequate drainage in all camps.

(xiii) In camps exceeding thirty men a camp attendant must be employed full time and in all camps the employer shall maintain the camp in a clean and sanitary condition.

(xiv) The employer shall make proper provision for the disposal of garbage and any night soil. The employer shall keep the camping area free from undergrowth, long grass, dangerous trees and vermin.

(xv) (a) An employee, who works as required during the ordinary hours of work on the working day before and the working day after a weekend and who notifies the employer or the employee's representative no later than the Tuesday of each week of the employee's intention to return home at the weekend and who returns home at the weekend, shall be paid an allowance as set out in item 16, of Table 1 of Part B for each occasion. The payment of this allowance shall disentitle an employee to payment of the camping prescribed in sub-clause (xix) of this clause, for the weekend in question for the day or days on which the employee is absent.

(b) This subclause shall not apply to an employee where a conveyance is provided by the employer to transport the employee to and from the place of work and the established centre from which the organisation is based.

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

(xvi) Where a store is not available at the camp to supply commodities to the employees and where trades people do not call, the employer shall provide free transport up to three time per week, if necessary, to enable commodities to be obtained by the employees from the nearest town.

(xvii) Employees shall elect a delegate who shall be responsible for the collection and distribution of orders for supplies.

(xviii) Where an employee is required to camp either by direction of the employer or because no reasonable transport facilities are available to enable the employee to proceed to and from home each day shall be paid the camping allowance prescribed in the General Construction and Maintenance, Civil and Mechanical Engineering, &c., (State) Expense Related Allowances Award, (Matter No. IRC2337 of 1992) 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, &c., (State) Award.

(xix) All time occupied in travelling in excess of 20 minutes each way between the camp or place of residence at a construction site and the place of work shall be paid for at the prescribed rate. Employees shall not be required to leave camp earlier than is reasonably necessary to get them to work at starting time.

35. CARAVAN ALLOWANCE

(i) This clause shall apply to an employee who resides in a caravan (either owned or rented) for the purpose of following the employee's employment from site to site providing that:

(a) The employee has been directed by the employer to reside in the caravan in order to work at the employer's site; or

(b) The employee elects to reside in the caravan because it is impracticable to travel to and from the employer's site and their original place of residence.

(NOTATION: The employee's original place of residence shall be taken to mean the residence of the employee immediately prior to becoming a caravan dweller).

The employee having established at the commencement of employment at a particular site that the employee is not a caravan dweller, will not be eligible to the benefits of this clause whilst working at that site.

(ii) An employee referred to in subclause (i) of this clause shall be paid an allowance as set out in item 17, of Table 2 of Part B of seven days or the amount as set out in item 17, of Table 2 of Part B per day for broken parts of a week and the allowance shall take account of all expenses incurred by the employee in connection with the employee's occupation of the caravan. Such allowance shall not be wages for purposes of this award.

(iii) The allowance payable pursuant to subclause (ii) of this clause shall be in substitution for and not additional to any payment otherwise due pursuant to Clause 8, Country Work, or Clause 9, Camping Area, of this award; provided that the employee shall not be entitled to the allowance prescribed in subclause (ii) of this clause for any working day in which the employee is absent from duty except in cases of sickness or for any reason beyond the employee's control.

(iv) This clause will not apply to any employee whose employer is paying an allowance for the use of the caravan following custom and practice or agreement under conditions not less favourable than the provisions of this clause.

(v) This clause shall have the effect of rescinding and replacing all previous judicial determinations as to caravan allowances.

(vi) Notation

If an employer terminates the services of an employee with the intention of avoiding their obligations under this clause, then, not withstanding the termination of the employee's services, that employee shall be entitled to the benefits of the clause if the employee is re-employed within a period of one month from the termination.

36. AUTOMATION AND MECHANIZATION

Where on account of the introduction or proposed introduction by an employer of mechanization or technological changes in the industry in which he is engaged, the employer terminates the employment of an employee who has been employed by him for the preceding twelve months, he shall give the employee three months' notice of the termination of his employment - provided that, if he fails to give such notice in full, (a) he shall pay the employee at the ordinary rate of pay applicable under this award for a period equal to the difference between three months and the period of the notice given, and (b) the period of notice required by this clause to be given shall be deemed to be service with the employer for the purpose of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of those Acts; and provided further that the right of the employer summarily to dismiss an employee for malingering, inefficiency, neglect of duty or misconduct shall not be prejudiced by the fact that the employee has been given notice pursuant to this clause of the termination of his employment.

37. DISTANT PLACE ALLOWANCE

(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 as set out in Item 20 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates; all employees working in the Western Division of the State shall be paid an amount as set out in the said Item 20.

(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 southwest to Welaregang 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 as set out in Item 21 of Table 2 or part thereof.

38. MISCELLANEOUS

(i) Boiling Water - Employers shall provide boiling water for employees at meal times.

(ii) Crib Facilities - Each employer shall make suitable provision to enable his employees to keep and eat their cribs free from duty unless he provides to the satisfaction of the conciliation committee that it is impracticable so to do.

(iii) Damage to Clothing - Compensation to the extent of the damage sustained shall be made where in the course of the work clothing is damaged or destroyed by fire or molten metal or through the use of corrosive or other deleterious substances.

(iv) Drinking Water - Employers shall provide for the use of employees a sufficient supply of wholesome cool drinking water.

(v) Lockers, Showers, Washing and Sanitary Conveniences:

(a) An employer shall at some reasonably convenient place on his premises, provide a suitable locker for each employee or hanging facilities which afford reasonable protection for employees' clothes.

In any case in which compliance with the paragraph necessitates the provision of lockers or new or improved hanging facilities they shall be provided unless the employer proves to the satisfaction of the conciliation committee that he is unable by reason of shortage of material or labour or any other difficulties to provide such new or improved facilities, in which case their provision may be postponed for such period or periods as the conciliation committee determines;

(b) Employers shall provide proper and sufficient washing and sanitary conveniences.

(vi) Protective Clothing -

(a) Employees who are required in the course of their duty to work in wet weather where no shelter is provided or in wet conditions shall be supplied with protective clothing.

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

(c) 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. The employer may make a deduction at a reasonable cost from the wages of the employee, provided that no such deduction shall be made for reasonable wear and tear.

(vii) Protective Glasses - Any crane operator who during the course of his work, passes over oxy-welding shall, on application to the employer, be supplied by the employer with suitable glasses, for the protection of the eyes, which glasses shall at all times remain the property of the employer.

(viii) Radiators - Where necessary, each cabin, where fitted to an item of plant, unless otherwise heated, shall be provided with a radiator.

(ix) Respirators - Respirators shall be supplied to persons engaged inside the gas or water space of any boiler, flue or economizer in cleaning or scraping work; Provided that if an employee does not wear the respirator supplied it may be recalled by the employer.

(x) Hygiene and Safety First-aid Outfit:

Note: The Occupational Health and Safety Regulation 2000 prescribes that a first-aid kit with specified contents shall be provided and maintained by the employer on each job.

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

(b) At a place of work where fifty or more men are employed the employer shall provide a stretcher and where practicable include amongst his employees a qualified first-aid man.

(1) (i) is appointed by his or her employer to be responsible for carrying out first aid duties as they may arise; and

(ii) holds a recognised first aid qualification (as set out hereunder) from the Australian Red Cross Society, St John Ambulance Association or similar body; and

(iii) is required by his or her employer to hold a qualification at that level; and

(iv) the qualification satisfies the relevant statutory requirement pertaining to the provision of first-aid services at the particular location where the employee is engaged;

(v) those duties are in addition to his or her normal duties, recognising what first-aid duties encompass by definition;

shall be paid at the following additional rates to compensate that person for the additional responsibilities, skill obtained, and time spent acquiring the relevant qualifications.

(A) an employee who holds the minimum qualification recognised under the relevant State or Territory Occupational Health and Safety legislation, the amount as set out in Item 18 of Table 2 per day.

(B) an employee who holds a higher first-aid certificate recognised under the relevant State or Territory Occupational Health and Safety legislation, the amount as set out in Item 19 of Table 2 per day.

(2) In payment of an allowance under this clause, a person shall be paid only for the level of qualification required by their employer to be held, and there shall be no double counting for employees who hold more than one qualification.

(3) An employer shall be under no obligation to provide paid training leave or other payment of any kind to employees to acquire or update first-aid qualifications.

(xi) Lime Work -

(a) Employees engaged in the loading and unloading and spreading of lime used in the stabilization of road making material shall be supplied with the undermentioned protective clothing:

1.	Combination overalls (boiler suit)
2.	Cloth beret
3.	36 cm P.V.C. gloves
4.	P.V.C. aprons
5.	Wide vision goggles
6.	Respirator
7.	Spats

These items of protective clothing should be kept and used only for work involving the use of lime.

(b) In addition, the employer shall maintain at or near the work site or other place where such lime is being used, adequate facilities to enable any employee whose skin is contaminated with lime either directly or through his ordinary clothing to wash the affected area. A supply of barrier cream and hand cleanser shall be provided for the use of any employee required to handle lime.

(c) Employees engaged in carrying out the said work shall be obliged to wear the protective clothing supplied by the employer pursuant to subclause (a) thereof.

(d) Each employee engaged in carrying out such work shall during the time he is so engaged to paid 34 cents per hour in addition to all other rates payable under this award.

39. BEREAVEMENT LEAVE

(i) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay, up to and including the day of the funeral, on each occasion of the death in Australia of a person prescribed in subclause (iii) of this clause. Provided that, with the consent of the employer, which consent shall not be unreasonably withheld, an employee shall, in addition to this entitlement to paid bereavement leave, be entitled to reasonable unpaid bereavement leave up to ten working days in respect of the death within Australia or overseas of a person to whom this clause applies.

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

(iii) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 20, State Personal/Carer’s Leave Case - August 1996, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

(iv) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

(v) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 20. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

40. TRADE UNION TRAINING LEAVE

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

(i) Such courses shall be designed and structured with the objective of promoting good industrial relations within the building and construction industry.

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

(b) For the purposes of this clause an "accredited representative of the union" shall mean a shop steward recognised by the employer in accordance with clause 32, Union Representatives.

No. of employees covered by this award	Max. No. of Employees Eligible to Attend Per Year	Max. No. of Days Permitted Per Year
Up to 15	1	5
16- 30	2	10
31- 50	3	15
51-100	4	20
101 and over	5	25

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

(i) The name of the employee seeking the leave;

(ii) The period of time for which the leave is sought (including course dates and the daily commencing and finishing times); and

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

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

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

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

(h) Leave rights granted in accordance with this clause will not result in additional payment for alternative time off to the extent that the course attended coincides with an employee's day off in the 19 month work cycle or with any concessional leave.

(i) An employee on request by their employer shall provide proof of their attendance at any course within 7 days. If an employee fails to provide such proof, the employer may deduct any amount already paid for attendance from the next week's pay or from any other moneys due to the employees.

(j) Where an employee is sick during a period when leave pursuant to this clause has been granted proof of attendance at the course is not required for that period and the employee shall receive payment, if entitled under the provisions of Clause 14 of this award.

(k) Leave of absence granted pursuant to this clause shall count as service for all purposes of this award.

(l) This clause shall not apply to government authorities in New South Wales bound by this award.

(m) Any dispute as to any aspect of the operation of this clause shall be resolved in accordance with the dispute settlement procedure of this award.

41. EXEMPTIONS

This award shall not apply to the following employers:

Murray Publishers Pty Ltd

Kosciusko Thredbo Pty Ltd

Mt Blue Cow Ski Bowl Pty Ltd

Guthega Development Pty Ltd

Mt Selwyn Snowfield Pty Ltd

Charlotte's Pass Village Pty Ltd

who are covered by the Ski Industry (State) Award.

42. LEAVE RESERVED

Leave is reserved to the parties to apply as they may be advised in respect of Country Work, Camping Area, Casual Labour, Caravan Allowance and Operator in Charge of Plant Allowance.

43. 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 workman or his representatives 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 it is unable to be resolved at establishment level, the matter shall be referred to the State Secretary of the association concerned or his deputy, at which level a conference of the parties shall be convened without delay.

(iv) If the matter remains unresolved it should be referred to the Industrial Relations Commission of New South Wales.

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

44. PROHIBITION OF BANS, LIMITATIONS AND RESTRICTIONS

(i) An employee shall perform such work as may be lawfully required by the employer provided that such work is consistent with:

(a) The classification in which the employee is usually employed; and

(b) The relevant State laws relating to occupational health and safety.

(ii) An employee who refuses or fails to perform such work shall not be entitled to payment of any wages or allowances for the period of non-performance of such work.

(iii) Where an employee acts in accordance with any bans, limitations or restrictions on the performance of normal work or engages in strike action for all or any part of a day such employee shall be suspended and work shall be deemed to be non-performance.

45. AREA, INCIDENCE AND DURATION

(i) This award rescinds and replaces the Plant, &c., Operators on Construction (State) Award published 18 December 1974 and reprinted 22 October 1984, further reprinted 4 May 1990 and further reprinted 10 December 1993 (277 I.G. 607) and the Plant Operators on Construction 1996 Wages Adjustment (State) Award published 7 February 1997 (296 I.G. 281), and all variations thereof.

(ii) It shall apply to persons operating, attending, fuelling, greasing, cleaning and maintaining (excepting work usually performed by skilled tradesmen) mobile and stationary machines, cranes, winches, and other motors and mechanical equipment and appliances used in construction work on the surface or underground and in excavation work within the jurisdiction of the Labourers, Railway and Road Construction, &c. (State) Conciliation Committee.

(iii) It shall not apply to:

(a) The driving of any internal combustion engine of 30 or less bhp or any engine or electric motor or any pump or air compressor on which no driver or fireman or grease is employed as such but the starting and stopping of and attention to which is done by an employee the greater part of whose time is taken up with work other than work of a plant operator and/or greaser; or

(b) the operation of pneumatic and small hoists and two-motion electric manpower cranes; or

(iv) The changes made to this award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) take effect on and from 25 June 2001.

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

PART B

MONETARY RATES

Table 1 - Rate of Pay

Item	Clause		Brief Description		Base Rate Per Week		Safety Net Adjust. Per Week			Total Amount Per Week
Building and Construction Worker (Operators)
1		5(i)(c)		Group A, base weekly rate		392.80		75.00	467.80
2		5(i)(c)		Group B, base weekly rate		410.60		75.00	485.60
3		5(i)(c)		Group C, base weekly rate		426.50		75.00	501.50
4		5(i)(c)		Group D, base weekly rate		433.90		75.00	508.90
5		5(i)(c)		Group E, base weekly rate		442.60		75.00	517.60
6		5(i)(c)		Group F, base weekly rate		448.00		75.00	523.00
7		5(i)(c)		Group G, base weekly rate		457.20		75.00	532.20
8		5(i)(c)		Group H, base weekly rate		469.60		73.00	542.60
9		5(i)(b)		Floating/Mobile/other cranes for every 5 tonnes in excess of 20 tonnes					$1.73

Table 2 - Other Rates and Allowances

Item	Clause	Brief Description	Amount
1	5(iii)	Operator in charge of plant	$ 11.60 per week
2	5(iv)(a)	Industry allowance	$ 18.50 per week
3	5(iv)(b)	Employees working on civil and/or mechanical	$ 18.00 per week
		engineering projects
4	5(iv)(c)	Employees engaged in waste disposal depots	$ 0.86 per hour
5	5(viii)	Leading hands-
		In charge of more than 2 and up to 5 employees	$ 16.30 per week
		In charge of more than 5 and up to 10 employees	$ 23.10 per week
		In charge of more than 10 employees	$ 29.40 per week
6	5(ix)	Special Allowance - Employees within A.I. & S,
		Port Kembla	$ 0.66 per hour
7	5(x)	Employees involved in road construction work in
		the Illawarra region near coal wash	$ 0.42 per hour
8		Meal Allowance	$ 8.30
		each subsequent meal	$ 6.75
10	31(i)(a)	Excess Fares Per Day	$ 12.60
		Small Fares Per Day	$ 4.80
		Travel Pattern Loading Per Week	$ 7.25
11	31(iv)(a)	Travel in excess of 40 kilometres from the depot -
		payment per kilometre	$ 0.69
		Minimum Payment	$ 12.60
	31(iv)(b)	Use of Own Vehicle	$ 0.69
	31(iv)(c)	Road Escort - Own Vehicle	$ 0.69
	31(iv)(d)	Transfer - One job to another Own Vehicle	$ 0.69
12	31(v)	Carrying of Fuels of Oils and/or grease	$ 7.00
13	33(iii)(a)	Country Work Allowance - Unbroken Week	$303.00
	33(iii)(b)	-Broken Week	$ 43.30
14	33(iii)(c)(i)	Travel Allowance - Weekend Return	$ 25.70 per occasion
15	33(v)	Meal Allowance whilst travelling	$ 8.30
16	34(v)(a)	Camping Area - Weekend return	$ 25.70
17	35(ii)	Caravan Allowance - Unbroken Week	$141.50
		Broken Week	$ 20.20
18	38(x)(c)(1)(v)	First Aid Allowance	$ 1.79
	(A)
19	38(x)(c)(1)(v)	First Aid Allowance	$ 2.79
	(B)

Labourers, Railway and Road Construction, &c. (State) Conciliation Committee

Industries and Callings

Labourers engaged in the construction and/or maintenance of railways, tramways, roads, bridges, water conservation and irrigation works, and harbour and reclamation works; construction work on civil and/or mechanical engineering projects; the operation of concrete batching plants; cement mixers, concrete workers, platelayers, hammer and drill men, timberers, pipe layers, manhole builders, tool sharpeners, navvies with or without horses and drays, rock choppers, sewer miners, and all labourers and assistants, employed in connection with any such callings; persons operating, attending, fuelling, greasing, cleaning and maintaining (excepting work usually performed by skilled tradesmen) mobile and stationary machines, cranes, winches and other motors, and mechanical equipment and appliances used in construction work on the surface or underground and in excavation work; and also all jumper men, pick, shovel, axe, and moyle men, scabblers, sprawlers, knappers, fencers, grubbers, and clearers, excepting persons of the foregoing occupations who are engaged as general farm or station hands or in and about gravel and sand pits; cleaners and sweepers, employed by The Maritime Services Board of New South Wales on roads and wharves, and maintenance men on racecourses; and excepting also all herdsmen and rangers and fence repairers who are employees of shire and municipal councils which are trustees of commons, and all employees of sanitary and garbage contractors with such councils in the State, excluding the Municipality of Broken Hill;

Excepting employees of -

State Rail Authority of New South Wales;

The Commissioner for Motor Transport;

The Metropolitan Water, Sewerage and Drainage Board;

The Hunter District Water Board;

South Maitland Railways Pty Limited;

The Council of the City of Sydney;

The Sydney County Council;

Shire and Municipal Councils;

Electricity Commission of New South Wales;

The Electrolytic Refining and Smelting company of Australia Proprietary Limited, the Metal Manufactures Limited, the Australian Fertilizers Limited, and the Austral Standard Cables Proprietary Limited, at Port Kembla; including employees employed by Australian Fertilizers Limited on the bone-crushing and fertilizer-mixing and bagging plant at Granville; and in connection with the manufacture of acids, chemicals and fertilizers at Villawood;

Blue Circle Southern Cement Limited;

The Kandos Cement Company Limited;

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

The Australian Gas Light Company;

The North Shore Gas Company Limited;

The Broken Hill Proprietary Company Limited at Newcastle;

Australian Wire Industries Pty Ltd at its Newcastle Wiremill;

Commissioner for Main Roads engaged in the maintenance of the Sydney Harbour Bridge, other than employees engaged in the maintenance of the pavement of the roadway and footpaths of the Bridge;

Electric Light and Power Supply Corporation Limited;

Parramatta-Granville Electric Supply Company Limited;

The Council of the City of Newcastle;

And excepting employees -

In or about coal mines north of Sydney, in or about coal mines in the South Coast District, in or about coal and shale mines west of Sydney.

And excepting also -

Surveyors Labourers;

Labourers employed in or in connection with the manufacture of cement, monier, and/or concrete pipes by hand or machines in factories;

Carters, grooms, stablemen, yardmen, and drivers of motor and other power-propelled vehicles;

Labourers employed in the maintenance of privately-owned railways;

Employees within the jurisdiction of the following Conciliation Committees:

Race Clubs, &c., Employees (Cumberland and Newcastle);

Race Clubs, &c., Employees (Country);

Special Steels and Steel Products Manufacture (Commonwealth Steel Company Limited);

Labourers, Pastures Protection Boards and Dingo Destruction Boards (State);

Tubemakers of Australia Limited, Newcastle;

Showgrounds, &c., Employees (State);

Shortland County Council;

Smelting and Fertilizer Manufacturing (Sulphide Corporation Pty Limited and Greenleaf Fertilizers Limited);

John Lysaght (Australia) Pty Ltd Newcastle;

John Lysaght (Australia) Pty Ltd Port Kembla;

Australian Wire Industries Pty Ltd - Newcastle Ropery;

Commonwealth Steel Company Limited, Unanderra;

Builders' Labourers (State)

Painters, &c., (State);

Tubemakers of Australia Limited, Yennora;

Sugar Manufacturers (State);

Cement Workers, &c., (State);

Shoalhaven Scheme;

Googong Dam Project;

And excepting also -

Persons within the jurisdiction of the Engine Drivers, &c., Coal Mining (State) and Engine Drivers, &c., Metalliferous Mining (State) Conciliation Committees.

B. W. O'NEILL, Commissioner

____________________

Printed by the authority of the Industrial Registrar.

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