BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(343)

SERIAL C0891

GANGERS (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Review of awards pursuant to section 19 of the Industrial Relations Act 1996.

(Nos. IRC 2611, 2613, 2615 and 2616 of 1999)

Before The Honourable Justice Walton, Vice-President	20 August 2001
Mr Deputy President Sams
Commissioner O'Neill
Before Commissioner O'Neill	23 August 2001

REVIEWED AWARD

Clause No.	Subject
1.	Interpretation
2.	Wages - Private Sector
3.	Hours of Labour
4.	Overtime
5.	Superannuation
6.	Holidays
7.	Country Work
8.	Annual Leave
9.	Long Service Leave
10.	Sick Leave
10A.	Personal/Carer's Leave
11.	Shed Accommodation
12.	Tea Breaks
13.	Travelling Time
14.	Payment of Wages and Termination of Employment
15.	Terms of Engagement
16.	Distant Places
17.	Camping Area Allowance
18.	Travelling Expenses
19.	Conveyance
20.	Wet Places and Slurry
21.	Working in the Rain
22.	Bad or Dangerous Ground
23.	Meal Allowance
24.	Employees Recalled for Work
25.	Cylinders with Air Pressure
26.	First-aid
27.	Reporting for Duty on Non-working Days
28.	Height Money
29.	Test of Workings
30.	Mixed Functions
31.	Jury Service
32.	Bereavement Leave
33.	Damage to Clothing
34A.	Award Modernisation
34B.	Structural Efficiency Exercise
34C.	Enterprise Arrangements
35.	Settlement of Disputes
36.	Redundancy
36A	Training Wage
37.	Anti-Discrimination
38	Area, Incidence and Duration

PART B

MONETARY RATES

Table 1 - Private Sector - Rates of Pay

Table 2 - Other Rates and Allowances

Table 3 - Weekly Rates - Industry/Skill Level A

Table 4 - Weekly Rates - Industry/Skill Level B

Table 5 - Weekly Rates - Industry/Skill Level C

Table 6 - School Based Traineeships

Table 7 - Hourly Rates for Trainees Who Have Left School

Table 8 - Hourly Rates for School Based Traineeships

APPENDIX A - INDUSTY/SKILL LEVELS

1. 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.

2 WAGES - PRIVATE SECTOR

Private Sector - The minimum rates of pay for the respective classifications as follows are as set out in Table 1 - Private Sector - Rates of Pay, of Part B, Monetary Rates.

Classification -

(i) Gangers in charge of a gang which includes -

(a) Up to nine men - an amount as set out in Item 1 of the said Table 1.

(b) From ten to 15 men - an amount as set out in Item 2 of Table 1.

Where gangs include one or more plant items as defined, a ganger shall be paid for each day or part thereof an amount as set out in the following items of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates:

Up to three major plant items - an amount as set out in Item 10 of the said Table 2.

Four to five major plant items - an amount as set out in Item 11 of Table 2.

Six or more major plant items - an amount as set out in Item 12 of Table 2.

(ii) A ganger in charge of 12 men or more -

(a) Plate laying - permanent way - an amount as set out Item 4 of Table 1.

(b) In a tunnel, drive or shaft - an amount as set out in Item 5 of Table 1.

The rates prescribed in this subclause are inclusive of a rate for supervising plant items.

(iii) Major plant items shall mean tractors, front or back end loaders, concrete pavers or power graders, provided that such items are of 30 kilowatts or more and any other item of earthmoving, stone crushing or sand getting equipment of 30 kilowatts or more but shall not include motor lorries.

Rates of pay prescribed for a ganger and a ganger-in-charge include the requirement to be able to read plans.

(iv)

(a) A ganger working in the open on civil and/or mechanical engineering projects and thereby being subject to climatic conditions, i.e., dust blowing in the wind, drippings from newly poured concrete, sloppy and muddy conditions, the lack of the usual amenities associated with factory work (e.g., meal rooms, change rooms, lockers, etc.) and the disability of working at heights or on all types of scaffolds, shall be paid in lieu an amount as set out in Item 13 of Table 2.

(v)

Classifications	Less than 100 men on time sheets in Table 1 - Private Sector - rates of Pay	100 men or more on time sheets in Table 1 - Private Sector - rates of Pay
Timekeepers who are responsible for computing payments and allocating costs
On works where cash orders or cheques for advance pay are issued	Item No. 6	Item No. 11
Where no cash order or pay cheques for advance pay are issued	Item No. 7	Item No. 12
Assistant or check-time keeper	Item No. 8	Item No. 13
Timekeepers and storekeepers (combined)	Item No. 9	Item No. 14
Storekeepers	Item No. 10	Item No. 15

(vi) In addition to the weekly rate prescribed in this clause, there shall be added the sum calculated in accordance with the amount as set out in Item 14 of Table 2, to compensate for the additional disabilities of being required to work when exposed to inclement weather.

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

(vii) The rates of pay in this award include the adjustments payable under the State Wage Case of 2001. These adjustments may be offset against:

(a) any equivalent overaward payments, and/or

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

3. HOURS OF LABOUR

(i)

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

(1) The ordinary working hours shall be worked as a twenty-day four-week cycle Monday to Friday inclusive with nineteen working days of eight hours each between the hours of 7.00 a.m. and 5.00 p.m., with 0.4 of one hour on each day worked accruing as an entitlement to take the fourth Monday in each cycle as a day off paid for as though worked.

Provided that in lieu of the fourth Monday in the cycle falling in April 1985, (i.e., Monday 15 April), Friday 26 April, 1985 shall be taken as the day off paid for as though worked. Where the majority of employees and employer agree the paid day off shall remain Monday 15 April 1985.

Provided that where the majority of employees on any particular section of work agree, and the employer or employer's representative agrees in writing, an alternative day in the four-week cycle may be substituted for the fourth Monday as the day off paid as though worked, and where such agreement is reached all provisions of this award shall apply as if such day was the prescribed fourth Monday.

Provided further that where such agreement is reached an alternative day in the fourth-week cycle shall apply subject to the following procedure being observed:

(i) Within twenty-four hours of the employer obtaining agreement with his employees, he shall notify the union by letter or telegram, as to the existence of the agreement in writing between the employer and the majority of employees for an alternative day in the four-week cycle.

(ii) The employer shall also inform a registered industrial union of employers, which is a party to this award,

(iii) A period of five working days shall be allowed to pass from the day on which the employer informs the Union, before the agreement is implemented.

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

(2) Where such fourth Monday or agreed rostered day off prescribed by subparagraph (1) of this paragraph falls on a public holiday as prescribed in clause 6, Holidays, of this award, the next working day shall be taken in lieu of the rostered day off unless an alternative day in that four-week cycle (or the next four-week cycle) is agreed in writing between the employer and the employee.

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

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

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

(i) From the twenty-fourth day of May nineteen hundred and eighty-two to the first day of January nineteen hundred and eighty-three, for work performed in ordinary hours the employee shall be paid at the rate of time and one half, and for work performed outside ordinary hours the employee shall be paid at the rate of double time.

(ii) From the second day of January nineteen hundred and eighty-three an employee shall be paid at the rates prescribed in clause 4, Overtime, of this award.

(6) Wherever it is practicable for the employer to give the rostered day off in accordance with this subparagraph, the provision of this subparagraph shall operate in lieu of subparagraph (5) of this paragraph: The accrued rostered day off prescribed in subparagraphs (1) and (2) of this paragraph shall be taken as a paid day off provided that the day may be worked where that is required by the employer and such work is necessary to allow other employees to be employed productively or to carry out maintenance outside ordinary working hours or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project, in which case, the employee shall take one paid day off before the end of the succeeding work cycle, and the employee shall be paid for the day worked as follows:

(i) From the twenty-fourth day of May nineteen hundred and eighty-two to the first day of January nineteen hundred and eighty-three, for work performed in ordinary hours the employee shall be paid at the rate of time and one-half, and for work performed outside ordinary hours the employee shall be paid at the rate of double time.

(ii) from the second day of January nineteen hundred and eighty-three an employee shall be paid at the rates prescribed in clause 4, Overtime, of this award.

(b) A majority of the employees concerned and their employers may mutually agree upon starting and ceasing times between the hours of 6.00 a.m. and 6.00 p.m. Notwithstanding anything contained in this subclause the time worked each day and the hours of work on any particular section of work may be varied by agreement between a majority of the employees and the employer, subject to limits of nine hours maximum in any one day and eighty hours each fortnight, for the purpose of enabling employees to cease work early or to make connections with transport.

(ii) A ganger working in connection with underground work or in connection with the excavation of sandstone or in shafts or cylinders with or without air pressure shall work the same ordinary hours (not exceeding thirty-eight per week) as the maximum hours worked by any employees in his gang.

(iii) Where a ganger works a less number of hours than thirty-eight per week, pursuant to subclause (ii), of this clause, he shall suffer no reduction in the amount of his weekly wage.

(iv) Shift Work-Where it is necessary that work be performed in shifts the following conditions shall apply:

(a) If two shifts are worked they shall be worked between the hours of 6.00 a.m. and midnight or between the hours to be fixed by agreement between the employer and the majority of the employees concerned. If three shifts are worked, the third (night) shift shall be of seven hours seventeen minutes duration and shall be paid for at the rate of time and one-quarter. Employees shall be paid at the rate of time and one-quarter when working on the second (afternoon) shift on either a two- or three-shift system.

(b) Where employees are required to work on a shift not worked on a two- or three-shift system, which commences at or after 8.00 p.m. and which finishes at or before 6.00 a.m. such shift shall be of no longer duration than eight hours and shall be paid for at the rate of time and one-half.

(c) Where the arrangement for working shifts provides for shifts on less than five continuous working days then overtime rates shall be applicable; provided also that in cases where less than a full week is worked due to the action of the employee then in such cases the rate payable for the actual time worked shall be ordinary shift rates.

(d) When working shifts exceed four hours, crib time amounting to thirty minutes shall be allowed and shall be paid for on each shift.

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

(f) Notice of any alteration to shift hours shall be given to the employee not later than ceasing time of the previous shift.

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

(h) Shift work hours shall be worked between Monday to Friday inclusive. Time worked on a Saturday, Sunday or a Public Holiday shall be paid for at overtime rates; provided that an ordinary night shift commencing before and extending beyond midnight Friday, shall be regarded as a Friday shift.

(i) No employee who is employed during ordinary working hours shall be employed on afternoon or night shifts except at overtime rates.

(j) Employees engaged for work under the terms of this subclause, shall accrue 0.4 of one hour for each shift worked to allow one shift to be taken off as a paid shift for every twenty shift cycle. The twentieth shift shall be paid for at the shift rate(s) prescribed in paragraphs (a), (b) and (c) of this subclause, provided that no employee shall be disadvantaged in the introduction of this paragraph' as to the receipt of appropriate shift rates in a cycle.

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

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

(m) The employer and employees shall agree in writing upon arrangements for rostered paid days off during the twenty shift cycle or for accumulation of accrued days, provided that such accumulation shall be limited to no more than five such accrued days before they are taken as paid days off, and when taken the days shall be regarded as days worked for accrual purposes in the particular twenty shift cycle.

(n) Once such shifts have been rostered they shall be taken as paid shifts off provided that where an employer, for emergency reasons requires an employee to work on his rostered shift off, the provisions of subparagraph (5) and/or subparagraph (6) of paragraph (a) of subclause (i) of this clause shall apply as if relating to shift work.

(o) The variations to the subclause introduced from the twenty-fourth day of May nineteen hundred and eighty-two shall not apply so as to reduce the weekly wage and/or conditions of work on any employee.

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

(vi) Employees shall not be required to commence duty at the depot or sub-depot earlier than the ordinary starting time or return later than the ordinary ceasing time without the payment of overtime; provided that for the purpose of this subclause a tool box shall not be regarded as a sub-depot.

4. OVERTIME

(i) All time worked in excess of or outside the limits prescribed by clause 3, Hours of Labour, of this award, shall be paid for at the rate of time and a half for the first two hours and double time thereafter except as hereinafter provided, For the purposes of calculating overtime payments each unbroken period of overtime shall stand alone.

(ii) An employee who works so much overtime

(a)

(1) 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 at least ten consecutive hours off duty between such times

(2) or on Saturdays, Sundays or 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 or 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: Provided that if, on the instructions of his employer, such an employee resumes work 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.

(b) 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 -

(1) or the purpose of changing shift rosters, or

(2) where a shift worker does not report for duty and a dayworker or a shift worker is required to replace him, or

(3) where a shift is worked by arrangement between the employees themselves.

(iii) Double time shall be paid for all time worked after 12 noon on Saturdays, provided further that employees who are required to work regular overtime (in accordance with subclause (iv) of clause 3, Hours of Labour, of this award) which normally commences after 12 noon on a Saturday shall be paid at the rate of time and one- half for the first two hours and double time thereafter. The calculation of such overtime shall be on the basis of each complete unbroken period of overtime. Double time shall be paid for all time worked on Sundays with a minimum payment of four hours at such rate. Double time and one- half shall be paid for all time worked on Public Holidays with a minimum payment of four hours at such rate.

(iv) 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, for special reasons, it is necessary to alter the time of the recognised meal hour employees engaged on the construction of concrete and/or hot-mix roads and culverts and/or bridges in connection therewith may be called upon to work for not more than thirty minutes during such recognised meal hour, without additional rates of pay; provided that they receive equivalent meal time.

(v) Cribs -

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

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

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

(vi) Compulsory Overtime-An employer may require any employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirement.

5. SUPERANNUATION

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

(b) The employer shall be a participating employer in any of the following funds:

* Australian Superannuation Savings Employment Trust (ASSET)

* An alternative superannuation scheme that conforms with relevant legislation and shall participate in accordance with the Trust Deed of that fund.

(c) The employer shall contribute to the Fund in accordance with the legislation provided that employer contributions do not fall below 3% of ordinary time earnings:

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

(d) The employer shall provide each employee upon commencement of employment with membership forms of the fund and shall forward the completed membership form to the fund within 14 days.

(e) An employee may make contributions to the fund in addition to those made by the employer.

(f) An employee who wishes to make additional contributions must authorise the employer in writing to pay into the fund from the employee’s wages a specified amount in accordance with the Trust Deed and the rules of the fund.

(g) An employee may vary his or her additional contributions by a written authorisation and the employer must alter the additional contributions within 14 days of the receipt of the authorisation.

(h) All contributions shall be made at the completion of each calendar month.

6. HOLIDAYS

(i) The following days shall be observed as holidays and no reduction shall be made from the weekly wage of an employee although no work is performed on such holidays:

(a) New Year's Day, Australia Day, Queen's Birthday, Good Friday, Easter Monday, Anzac Day, Christmas Day, Boxing Day, Eight-hour Day or Labour Day and any other gazetted Federal and State Holidays.

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

(c) Employees not required to work on the said Picnic Day shall be paid for the holiday at the ordinary rates of pay prescribed in clause 2, Rates of Pay, of this award.

(d) Employees required to work on the Picnic Day shall be paid at the rate of double time and one-half with a minimum of 4 hours.

(e) Employers may require from their employees the butt of the ticket as evidence of their attendance at the picnic; where such evidence is not produced the employer may withhold payment for such picnic day.

(f) The said picnic day shall, in respect to employers not being Government Departments or Quasi-Government Bodies, apply to employees working within the county of Cumberland, the county of Northumberland and the County of Camden. In respect of Government Departments or Quasi-Government Bodies the picnic day shall apply to employees working within the Counties of Cumberland, Northumberland and Camden, and in such other areas where a picnic is actually held and in respect of which one month's notice is given in writing by the union to the employer.

Provided that in Departments to which the Public Service Act 1979 applied, employees who, at the making of this award, received Bank Holiday as a paid holiday, may continue to do so in lieu of the Picnic Day prescribed in this clause.

(g) Where an employer holds a regular picnic for his employees on some other working day during the year, then such day may be given and may be taken as a picnic day in lieu of the picnic day hereinbefore prescribed.

(ii) Reasonable time off shall be allowed by the employer for voting on election and referendum days.

(iii) Where an additional or substitute Public Holiday is proclaimed by order in council or otherwise Gazetted by the Authority of the Australian or State Governments under any Act 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 benefits of more than one holiday upon such occasion.

7. COUNTRY WORK

(i) Country work shall mean employment at a place which requires the employees to live away from their usual places 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) Any person selected for work and sent by an employer or the employer's agent, including a Government employment bureau or private employment agency, from the city to the country or from one country centre to another country centre or from a country centre to the city shall have the necessary fares provided by the employer.

(iv)

(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 the country work allowance prescribed in Item 15 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

(b) In the case of broken parts of a week, the allowance shall be all living expenses actually or reasonably incurred but not exceeding the amount prescribed for such allowance in the said award.

(c)

(1) Employees who work as required during the ordinary hours of work on the working day before and the working day after a weekend and who notify the employer or the employer's representatives no later than the Tuesday of each week of their intention to return home at the weekend by private transport for distances of up to 100 km shall be paid the amount set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, on each occasion.

Employees who receive an allowance in accordance with this subclause shall be paid, in addition to that allowance, the amount set out in Item 2 of the said Table 2 for each ten kilometres or part thereof in excess of 100 kms.

(2) This subclause shall not apply to employees:

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

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

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

(v) Where employees are sent from one place to another, as prescribed in this clause, they shall be allowed the amount set out in Item 3 of Table 2 for each meal while travelling or waiting en route and, if required to spend the night at some place en route, shall be allowed the amount set out in Item 4 of Table 2 for a bed. Where all-night travelling is involved, the fares allowed under this clause shall be first class. All-night travelling shall mean travel which extends beyond midnight. These provisions shall also 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 allowance under this clause.

(vii) Except in the case of emergency, employees required to report for duty on country work shall be notified at least the day before it is necessary for them to travel.

(viii) If an employer and employee engaged on country work agree in writing and subject to the procedure outlined in subparagraph (1) of paragraph (a) of subclause (i) of clause 3, Hours of Labour, the employee shall be granted a paid rostered day off prescribed in that subclause which may be taken and paid for at a time mutually agreed upon. The agreement shall only provide for a paid day or days off work up to a maximum accrual of five days.

8. ANNUAL LEAVE

Annual leave shall be prescribed in the Annual Holidays Act, 1944. Employees proceeding on annual leave shall be transported by the employer from the job to the nearest railway station, free of charge, and shall be issued with a rail warrant, free of charge, enabling them to travel between the railway station to which they have been transported and the railway station nearest their place of residence and return; provided that the employees are able reasonably to satisfy their employer that they have a fixed place of residence.

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

9. LONG SERVICE LEAVE

See Long Service Leave Act, 1955, and First Schedule for list of exemptions granted. Government and quasi-government bodies: see Uniform Leave Conditions for Ministerial Employees or for persons employed under the Public Sector Management Act 1988, relevant provisions of the Crown Employees (Public Services Conditions of Employment) Award 1997 as varied, or any replacement award.

10. SICK LEAVE

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

(ii) Employees who have completed 3 months service and who are unable to perform their duties on account of ill health shall, subject to satisfactory proof of such illness, be entitled to ten ordinary working days sick leave on full pay during each year of employment. Such leave shall be cumulative for a period of 6 years from the end of the year from which it accrues.

10A. 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 10, 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 taken off.

(6) Rostered Days Off

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

(b) 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.

11. SHED ACCOMMODATION

Gangers shall be provided with proper shed accommodation on the job; such shed shall be of adequate size having regard to the number of gangers occupying the shed. It shall be fitted with no less than one window; furnished with a clothes cubicle, lined or protected against draught and properly roofed. Wash basins shall be provided unless adequate washing facilities are provided elsewhere on the job. The shed shall be placed in a convenient position adjacent to the work. Where it is not reasonably practicable to provide the abovementioned accommodation The Australian Workers, Union, New South Wales Branch, or its representatives on the job and the respondent or respondents concerned agree that the accommodation mentioned or any part of it is unnecessary in particular circumstances such accommodation as is reasonably practicable, including temporary tarpaulin structures or such as is agreed upon between the parties as mentioned above, may be substituted.

12. TEA BREAKS

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

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

(ii) The employer shall provide the necessary facilities and labour to brew tea for employees.

13. TRAVELLING TIME

(i) Employees in Camp - All time occupied in travelling in excess of 20 minutes each way between the camp and the place of work shall be paid for at the prescribed rate. Walking time shall be at the rate of one kilometre in 12 minutes. Employees shall not be required to leave the camp earlier than is reasonably necessary to get them to work at starting time.

(ii) Employees not Camped -

(a) Fares - The provisions of this subclause shall apply where a fare can be established by a recognised public transport route from the employee's residence to the place of work or established pick-up point. Payment under this paragraph shall not apply when payment is made under paragraph (b) of this subclause.

(1) Employees who travel to and from their place of work by a public conveyance shall be paid all fares actually and necessarily incurred in excess of the amount set out in Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, provided that where the employer provides camping facilities or the equivalent and employees travel to and from their residence daily, the employer shall not be liable to pay fares in excess of the amount set out in Item 6 of the said Table 2.

(2) All time occupied in travelling in excess of ten minutes each way between the nearest stopping place of any public conveyance and the place of work shall be paid for at the prescribed rate. Walking time shall be at the rate of one kilometre in 12 minutes.

(3) Where employees elect to travel by their own conveyance, or do so because the use of available public transport is impracticable, fares shall be calculated and paid for as if travel were made in the ordinary way by public transport. Where any payment is made under this paragraph, the provisions of subparagraph (2) of this paragraph shall not apply.

(4) Fares need not be paid unless claimed by the employee within 14 days after the date at which they were incurred.

(b) Travelling Allowance - The provisions of this paragraph shall not apply where payment is made in accordance with paragraph (a), Fares, of this subclause.

(1) Where camping facilities are not provided and travel cannot be made by a public conveyance, employees required to travel to and/or from the place of work shall, unless a conveyance be provided by the employer to transport them to and from the place of work and a point not more than three kilometres distant from the employees' residences, be paid allowances detailed in the scale set out in Item 7 of Table 2.

(2) Where the work or established reporting place is in excess of 100 km from the employees' residences, the employer shall provide camping facilities, transport in a conveyance provided by the employer or accommodation as prescribed by this award: provided that where the employer establishes a camp or equivalent facilities and the employees elect to travel to and from their residences daily, the employer shall not be liable to pay travel allowances in excess of the camping allowance prescribed by this award.

(c) Conveyance by Employer - Where a conveyance is provided by the employer to transport the employee to and from the place of work at an established pick-up point, or where an established pick-up point does not apply to a point not more than three kilometres distant from the employee's residence, an employee who is transported therein shall be paid at the prescribed rate for all time in excess of ten minutes each way occupied in travelling to and from the place of work in such conveyance.

(d) Definitions - Residence, for the purpose of this clause, shall mean the place to which the employee normally returns to sleep each night while employed on the particular work to and from which the employee is required to travel.

(iii) General Provisions -

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

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

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

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

(d) Where employees are not notified by the employer the day before of a transfer, the employer shall be required, if requested by the employees, to return them to the point from which they were transferred by the time of cessation of work; provided that this provision shall only apply on the first day of transfer.

(iv) 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 clause 17, Camping Area Allowance.

14. PAYMENT OF WAGES AND TERMINATION OF EMPLOYMENT

(i) Wages shall be paid weekly on the recognised pay day of each job, which shall be the same each week, unless in the opinion of the employer it is not reasonably practicable to make such weekly payment; in which case the existing system of payment may be continued.

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

(ii) When or before the payment of wages is made to an employee he shall be issued with a docket showing at least the gross amount of wages and the amount of any deductions which are made from his earnings. Employees shall be paid during ordinary working hours. If they are paid during the usual meal times such time so occupied shall be added to the actual meal time. Any employee required to wait for more than fifteen minutes after his ordinary ceasing time to receive his wages shall be paid at overtime rates for all time he is kept waiting to be paid.

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 on resignation they shall be paid all wages due to them within twenty-four hours after discharge or after the officer-in-charge is notified of resignation by the employee.

In the case of any delay beyond the time herein stated they shall be paid at ordinary rates for all working time they are kept waiting. The pay period shall close not more than three working days before the recognised pay day.

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

Where applicable the remaining conditions set out in this clause shall apply.

(iv) When employees are discharged, except for misconduct, they shall be paid all wages due to them at the time of their discharge. In the case of discharge for misconduct or of resignation they shall be paid all wages due to them within twenty-four hours after discharge or after the timekeeper and/or ganger is notified of resignation by the employee.

(v) In the case of any delay, beyond the time herein stated, the employees shall be paid at ordinary rates for all working time they are kept waiting. The pay period shall close not more than three working days before the recognised pay day.

15. TERMS OF ENGAGEMENT

Employment shall be terminated by a week's notice on either side given at any time during the week or by the payment of a week's wages in lieu thereof. This shall not effect the right of the employer to dismiss any employee without notice for misconduct and in such cases the wages shall be paid up to the time of dismissal only.

16. DISTANT PLACES

(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 an amount as set out in Item 16 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates per day extra.

All employees working the Western Division of the State shall be paid an amount as set out in Item 17 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates per day or part thereof extra.

(ii) All employees engaged on road construction within the area bounded by and inclusive of the Queensland border on the north, Main Road No. 374 from Wallangarra to Tenterfield, State Highway No. 9 from Tenterfield to Bendemeer on the west, State Highway No. 11 from Bendemeer to Port Macquarie on the south and the coastline from Port Macquarie to Tweed Heads on the east shall be paid an amount as set out in Item 18 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates per day or part thereof extra.

(iii) 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 to Adaminaby, thence to Blowering, thence by a line drawn from Blowering southwest to Welaregang and on to the Murray River, thence in a southwesterly direction along the New South Wales border to the point of commencement shall be paid an amount as set out in Item 19 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates per day or part thereof extra.

17. CAMPING AREA ALLOWANCE

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

(ii) No camps shall be erected within 33 km of the General Post Office, Sydney nor 16 km of the General Post Office, Newcastle.

(iii) The employer shall provide the minimum facilities, conditions and standards for camps as prescribed in clause 24, Camping Area, of the General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award, as varied, or by any award replacing the said award under the same conditions as prescribed in that clause of the said award.

(iv) Where employees are required to camp, either by direction of the employer or because no reasonable transport facilities are available to enable them to proceed to and from their homes each day, they shall be paid the appropriate allowances prescribed in the camping area clause of the said award.

18. TRAVELLING EXPENSES

When any employee is away from his home quarters for more than eight hours he shall be paid his actual and reasonable out-of-pocket expenses.

19. CONVEYANCE

Employees who, in the performance of their duties, have to travel more than 8 kilometres per day shall be provided with suitable conveyance where practicable.

20. WET PLACES AND SLURRY

(i) Employers shall pay to employees working in wet places an amount as set out in Item 20 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates per hour, in addition to their ordinary rates, irrespective of the time worked. For the purpose of this clause a place shall be deemed to be wet when water, other than rain, is falling so that the clothing of the employee shall be appreciably wet and/or when the water in the place where the employee is working is sufficient to saturate the boots of the employee.

(ii) In all underground workings which are wet, waterproof overalls shall be provided by the employer, free of charge, if necessary. When an employee is required to work in water to a depth of:

Over 457.2 mm he shall be paid the amount as set out in Item 21 of Table 2 per day extra.

Over 914.4 mm he shall be paid the amount as set out in Item 21 of Table 2 per day extra.

(iii) When an employee is called upon to work in slurry he shall be paid an amount as set out in Item 22 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates per hour in addition to the ordinary rate, irrespective of the time worked.

(iv) An employee shall not be entitled to wet pay and slurry pay on the same day.

(v) The rate prescribed in this clause shall not be payable to an employee who is provided with suitable protective clothing and/or footwear except when working in slurry over 15.25 cm deep.

21. WORKING IN THE RAIN

All employees called upon to work in the rain shall be paid an amount as set out in Item 23 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates per day in addition to their ordinary rates, irrespective of the time worked.

22 BAD OR DANGEROUS GROUND

The employer shall take all reasonable steps to have the place of working made safe.

It shall be the duty of the ganger to bring under the notice of the foreman, promptly, any place where he alleges working is dangerous and to request him to take any reasonable steps to have the place made safe. In the event of a dispute between the ganger and foreman or other representative of the employer the matter shall be determined by the engineer.

23. MEAL ALLOWANCE

(i) An employee required to work overtime for more than one and a half hours after the ordinary ceasing time without being notified the previous day shall be provided with a meal or shall be paid the amount set out in Item 8 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for such meal and after the completion of each four hours on continuous overtime shall be paid the amount set out in the said Item 8 for each subsequent meal in addition to the overtime payment.

(ii) Excepting as provided by section (iv), Shift Work, of subparagraph (6) of paragraph (b), of subclause (i), of clause 6, Hours of Labour, of the parent award, as defined, time taken for such meal or meals shall not be paid for.

(iii) An employee who, pursuant to notice, provides a meal and who is not required to work overtime shall be paid the amount set out in Item 9 of the said Table 2 for such meal.

24. EMPLOYEES RECALLED FOR WORK

When an employee is recalled to work after leaving his job he shall be paid a minimum of four hours at overtime rates. No employee who is employed during the ordinary working hours shall be employed on afternoon or night shifts except at overtime rates.

25. CYLINDERS WITH AIR PRESSURE

Working conditions of gangers with gangs employed in cylinders with air locks shall be, except as to hours of work, as provided by the S.A.A. Code for working in compressed air, Part l, Air Lock Operation. Gangers who are required to work a full shift in cylinders under air pressure shall work the same hours and at the same time, for calculation of penalty rates, as the men they are controlling who are also working in the cylinders under air pressure.

26. FIRST-AID

(i) In the event of any serious accident happening to any employee whilst at work or going to or from the camp, the employer shall at his expense provide transport facilities to the nearest hospital or doctor.

(ii) An employee appointed by the employer to perform first-aid duty shall be paid an amount as set out in Item 24 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates per day in addition to his ordinary rate.

27. REPORTING FOR DUTY ON NON-WORKING DAYS

(i) An employee directed to report on Saturdays and not being required, shall be paid two hours at overtime rates and all fares actually and necessarily incurred in travelling to and from the job.

(ii) An employee required to work on a Sunday or public holiday set out in clause 6, Holidays, of this award, and not being required shall be afforded at least 4 hours' work or shall be paid for 4 hours at the appropriate rate and all fares actually and necessarily incurred in travelling to and from the job.

28. HEIGHT MONEY

Employees, working on any structure at a height of more than 9 metres where an adequate support not less than .76 metres wide is not provided, shall be paid an amount as set out in Item 25 of Table 2 - Other Rates and Allowances of Part B, Monetary Rates per hour in addition to their ordinary rates.

29. TEST OF WORKINGS

(i) The employer shall, when required by The Australian Workers' Union, New South Wales Branch, have all tunnels and other places of work in sandstone tested for atmospheric conditions. One copy of the test taken shall be posted to the shelter shed used by the ganger working at the particular place where the tests are taken.

(ii) A copy of all tests shall be forwarded to The Australian Workers' Union, New South Wales Branch, and the chief Medical Officer of Industrial Hygiene and the tests shall be carried out under his direction and control.

If the tested condition of the tunnel shows more than 200 particles per cubic centimetre of sandstone dust then mechanical means shall be operated to clear the atmosphere of dust to less than 200 particles per cubic centimetre or work in the said tunnel shall cease and all employees engaged therein shall be paid their wages in full for the time they are kept waiting.

(iii) If any rock containing silica (as opposed to free silica) to the amount of 25 per cent or over is being worked, and the tested conditions in any tunnel or other place of work show the presence of more than 400 particles per cubic centimetre of dust, then mechanical means shall be operated to clear the atmosphere of dust to less than 400 particles per cubic centimetre in the said tunnel or other place of work; or work shall cease and all employees engaged shall be paid their wages in full for the time they are kept waiting.

(iv) For the purpose of this award "sandstone" shall mean and include:

(a) Sandstone, indurated shale, conglomerate, quartz, quartzite, chertz and any other rock containing more than 50 per cent of free silica.

(b) Granite, porphyry, gneiss, schist, slate and any other rock containing 50 per cent or more silica (as opposed to free silica) and 20 per cent of free silica when working in a tunnel, cutting with head, shaft, drive trench ( 1 or more metres deep), quarry (whilst being worked with at least two faces), or other confined space and the rock is in hard formation requiring the use of percussion tools.

30. MIXED FUNCTIONS

(i) An employee engaged for more than 2 hours during any one day on duties carrying a higher rate than his ordinary classification shall be paid the higher rate for the whole of such day. An employee engaged for 2 hours or less during any one day on duties carrying a higher rate shall be paid the higher rate for the time so worked.

(ii) Where an employee is required to temporarily perform work for which a lower rate is provided he shall not have his rate reduced whilst so engaged. Any work of less than one week's duration shall be deemed to be temporary.

31. JURY SERVICE

(ii) 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.

32. BEREAVEMENT LEAVE

(i)

(a) Government and quasi-government bodies shall be bound by the provisions of the uniform leave conditions for ministerial employees.

(b) Maritime Services Board, New South Wales: see Employees Code of Holidays and Leave Conditions.

(ii)

(a) An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in paragraph (c) of this subclause.

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

(c) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 10A, Personal/Carer s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

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

(e) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 10A. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

33. DAMAGE TO CLOTHING

An employee whose clothing is spoiled by acids or sulphur or other deleterious substance due to the circumstances of his employment shall be recompensed by his employer to the extent of his loss.

34A. AWARD MODERNISATION

(i) 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.

(ii) 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:

(a) 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.

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

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

(iii) Enterprises shall establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.

34B. STRUCTURAL EFFICIENCY EXERCISE

(i)

(a) 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 to this award provided that such duties are not designed to promote de-skilling.

(b) An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

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

(ii) The parties to this award are committed to co-operating positively to increase the efficiency, productivity and international competitiveness of the civil construction industry and to enhance career opportunities and job security of employees in the industry.

(iii) Measures raised for consideration shall be related to implementation of a new classification structure, any facilitative provisions contained in this award and matters concerning training.

(iv) 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.

(v) 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:

(a) developing a more highly skilled workforce;

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

(vi) Any disputes arising in relation to the implementation of this clause shall be subject to the provisions of the settlement of disputes clause.

34C. ENTERPRISE ARRANGEMENTS

(i)

(a) As part of the Structural Efficiency exercise and as an ongoing process for improvements in productivity and efficiency, discussion should take place at an enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process and to encourage consultation mechanisms across the workplace to all employees in an enterprise and consideration of a single bargaining unit in all multi-union/union award workplaces. Union delegates at the place of work may be involved in such discussions.

(b) In respect of the public sector only, an enterprise arrangement shall be an arrangement for an enterprise being a business, undertaking or project.

(c) The terms of any proposed genuine arrangement reached between an employer and employee(s) in any enterprise shall, after due processing, substitute for the provisions of this award to the extent that they are contrary, provided that:

(1) a majority of employees affected genuinely agree;

(2) such arrangement is consistent with the current State Wage Case principles.

(d)

(1) Before any arrangement requiring variation to the award is signed and processed in accordance with subclause (ii), details of such arrangements shall be forwarded in writing to the union or unions with members in that enterprise affected by the changes and the employer association, if any, of which the employer is a member. A union or an employer association may, within 14 days thereof, notify the employer or the Public Employment Industrial Relations Authority, as may be appropriate, in writing of any objection to the proposed arrangements, including the reasons for such objection.

(2) When an objection is raised, the parties are to confer in an effort to resolve the issue.

(ii) Such enterprise arrangements shall be processed as follows:

(a) All employees will be provided with the current prescriptions (e.g., award, industrial agreement or enterprise arrangement) that apply at the place of work.

(b)

(1) Where an arrangement is agreed between the employer or the Public Employment Industrial Relations Authority, as may be appropriate, and the employees or their authorised representative at an enterprise, such arrangement shall be committed to writing.

Where the arrangement is agreed between the employer or the said Authority, as may be appropriate, and an absolute majority of permanent employees under this award at an enterprise, such arrangement shall be committed to writing.

(2) The authorised representative of employees at an enterprise may include a delegate, organiser or official of the relevant union if requested to be involved by the majority of employees at the establishment.

(c) The arrangement shall be signed by the employer, or the said Authority, as may be appropriate, or the employer's duly authorised representative, and the employees or their authorised representative with whom agreement was reached.

(d) Where an arrangement is objected to in accordance with subclause (i)(d)(1) and the objection is not resolved, an employer or the said Authority, as may be appropriate, may make application to the Industrial Relations Commission to vary the award to give effect to the arrangement.

(e) The union and/or employer association shall not unreasonably withhold consent to the arrangement agreed upon by the parties.

(f) If no party objects to the arrangement, then a consent application shall be made to the Industrial Relations Commission to have the arrangement approved and the award varied in the manner specified in paragraph (g).

Such applications are to be processed in accordance with the appropriate State Wage Case principles.

(g) Where an arrangement is approved by the Industrial Relations Commission and the arrangement is contrary to any provisions of the award, then the name of the enterprise to which the arrangement applies, the date of operation of the arrangement, the award provisions from which the said enterprise is exempt and the alternative provisions which are to apply in lieu of such award provisions (or reference to such alternative provisions), shall be set out in a schedule to the award.

(h) Such arrangement when approved shall be displayed on a notice board at each enterprise affected.

(i) No existing employee shall suffer a reduction in entitlement to earnings, award or overaward, for working ordinary hours of work as the result of any award changes made as part of the implantation of the arrangement.

35. SETTLEMENT OF DISPUTES

This procedure for the resolution of grievances and industrial disputation concerning matters arising under this award shall be in accordance with the following procedural steps:

(i) Procedure relating to a grievance of an individual employee -

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

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

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

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

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

(ii) Procedure relating to a dispute between an employer and the employees

(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

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

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

36. REDUNDANCY

(i) Application

(a) This clause shall apply in respect of full-time and part-time employees.

(b) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

(c) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

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

(ii) Introduction of Change

(a) Employer’s duty to notify

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

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

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

(b) Employer’s duty to discuss change

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

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

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

(iii) Redundancy

(a) Discussions before terminations

(1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subparagraph (1) of paragraph (a) of subclause (ii) above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(2) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (1) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

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

(iv) Termination of Employment

(a) Notice for changes in production, programme, organisation or structure

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with subclause (ii) (a)(1) above.

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

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

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

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

(b) Notice for technological change

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause (ii)(a)(1) above:

(1) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

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

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

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

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

(d) Employee leaving during the notice period

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

(e) Statement of employment

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

(f) Notice to Centrelink

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

(g) Separation Certificate

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

(h) Transfer to lower paid duties

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

(v) Severance Pay

(a) Where an employee is to be terminated pursuant to subclause (iv) above, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

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

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

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

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

(3) "Week's Pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in accordance with clauses 3, Wages - Private Sector, 13, Travelling Time, 16, Distant Places, and 26, First-aid, of this award

(b) Incapacity to pay

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

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

(vi) Savings Clause

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

36A. TRAINING WAGE

1. Application

(a) Subject to subclause (c) of this clause this award shall apply to persons who are undertaking a traineeship (as defined).

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

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

(ii) Ending upon the expiry of one calendar month period immediately following the employer’s receipt of the Indenture Papers from the Relevant NSW Training Authority.

In any case, the duration for which this award may provisionally apply shall be no longer than two calendar months, or such longer period as may be required to accommodate a delay in processing the "Application to Establish a Traineeship" which is beyond the control of the employer.

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

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

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

2. Objective

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

3. Definitions

Structured Training means that training which is specified in the Training Plan which is part of the Training Agreement registered with the relevant NSW Training Authority. It includes training undertaken both on and off-the-job in a traineeship scheme and involves formal instruction, both theoretical and practical, and supervised practice. The training reflects the requirements of a Traineeship approved by the relevant NSW Training Authority and leads to a qualification set out in clause 5(f).

Relevant Union means a union party to the making of this Award and which is entitled to enrol the Trainee as a member.

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

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

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

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

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

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

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

4. Training conditions

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

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

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

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

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

(f) Training shall be directed at:

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

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

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

5. Employment conditions

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

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

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

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

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

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

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

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

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

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

(g)

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

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

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

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

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

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

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

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

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

(l) The minimum daily engagement periods applying to part-time employees shall be 3 continuous hours, except in cases where it is agreed that there shall be a start of 2 continuous hours, on 2 or more days per week, provided that:

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

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

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

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

6. Wages

Wages - Full-time Trainees

(a) The weekly wages payable to full time trainees shall be as follows:

Industry/Skill Level A	Table 1
Industry/Skill Level B	Table 2
Industry Skill Level C	Table 3
School-Based Trainees	Table 4

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

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

(d) The rates of pay in this award include the adjustments payable under the State Wage Case of May 2001. These adjustments may be offset against:

(i) any equivalent overaward payments, and/or

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

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

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

(ii) The nature of the industry

(iii) The total training plan

(iv) Recognition that training can be undertaken in stages

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

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

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

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

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

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

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

Wages for Part-Time and School-Based Trainees

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

(h) Table 5 - Hourly Rates for Trainees Who Have Left School and Table 6 - Hourly Rates for School-based Traineeships of Part B, Monetary Rates are the hourly rates of pay where the training is either fully off-the-job or where 20% of time is spent in approved training. These rates are derived from a 38 hour week.

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

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

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

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

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

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

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

(j) For traineeships not covered by clause 7(h) above, the following formula for the calculation of wage rates shall apply:

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

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

30.4*

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

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

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

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

Average Weekly Training Time = 7.6 x 12

length of the traineeship in months

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

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

Example of the calculation for the wage rate for a part time traineeship

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

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

"Trainee hours" totals 15 hours; these are made up of 11 hours work which is worked over two days of the week plus 1½ hours on the job training plus 2½ hours off the job approved training at school and at TAFE.

So the wage rate in year 11 is:

$169* x 15 - 3.8 = $62.26 plus any applicable penalty rates under the Parent Award.

30.4

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

* See Table 4 - School-Based Traineeships, of Part B - Monetary Rates

7. Grievance procedures relating to trainees

(a) Procedures relating to grievances of individual trainees ‑

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

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

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

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

(v) If no resolution of the trainee's grievance can be found, then:

(i) if the dispute relates to issues of training then the matter may be referred to the NSW Commissioner for Vocational Training in accordance with the Industrial and Commercial Training Act 1989; or

(ii) if the dispute relates to industrial issues then the matter may be referred to the Industrial Relations Commission of New South Wales by either the employer, an industrial organisation of employers or a union representing the trainee.

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

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

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

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

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

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

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

37. ANTI-DISCRIMINATION

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

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

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

(4) Nothing in this clause is taken to affect:

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

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

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

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

(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by 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 this 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".

38. AREA, INCIDENCE AND DURATION

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Gangers (State) Award published 29 January 1975 and reprinted 2 January 1985 (236 IG 6), the Gangers Training Wage (State) Award published 8 December 1995 (289 IG 1119), the Gangers Redundancy Award published 4 April 1996 (291 IG 1009) and the Gangers (State) Wages Award published 4 August 1995 (287 IG 91), and all variations thereof.

It shall apply to all employees specified herein within the State of New South Wales excluding the Municipality of Broken Hill within the jurisdiction of the Gangers (State) conciliation committee.

The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) take effect on and from 23 August 2001.

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

Gangers (State) Industrial Committee Industries and Callings

Gangers, timekeepers, storekeepers, transport officers, foremen and sub-foremen, sub-inspectors and all assistants employed in connection with any such callings, engaged in the construction and/or maintenance of railways, tramways, roads, bridges, water conservation and irrigation works, and harbour and reclamation works, aerodromes, air strips, water and sewerage reticulation, construction work on civil and/or mechanical engineering projects in the State excluding the Municipality of Broken Hill;

Excepting employees of:

State Rail Authority of New South Wales and Urban Transit Authority of New South Wales;

The Commissioner for Motor Transport:

The Metropolitan Water, Sewerage and Drainage Board;

The Hunter District Water Board;

The Council of the city of Sydney;

The Sydney County Council;

Shire and Municipal councils;

The Electricity commission of New South Wales;

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

Broken Hill Proprietary Company Limited;

Australian Wire Industries Pty Ltd at its Newcastle Wiremill;

Blue Circle Southern Cement Limited;

The Council of the City of Newcastle;

The North Shore Gas Company Limited;

The Australian Gas Light Company;

And excepting also -

Employees in or about coal or shale mines west of Sydney;

Employees within the jurisdiction of the following Industrial 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); Carpenters, Bridge and Wharf (State); Tubemakers of Australia Limited' Newcastle; Showgrounds, &c.,

Employees (State); County Councils (Electricity Undertakings) Employees;

John Lysaght (Australia) Limited Newcastle; John Lysaght (Australia)

Limited Port Kembla. John Lysaght (Australia) Limited Unanderra;

Tubemakers of Australia Limited, Yennora; Cement Workers, &c. (State);

Timekeepers, storekeepers and foremen employed by the Crown or by any person or corporation on behalf of the Government of the State of New South Wales.

PART B

MONETARY RATES

Table 1 - Private Sector - Rates of Pay

Item	Clause	Classification	Rate
No.	No.		$
Gangers in Charge of a gang which includes:
1	2(i)(a)	Up to 9 persons	535.00
2	2(i)(b)	From 10 to 15 persons	544.30
3	2(i)(c)	16 persons or more	551.20
A Ganger in charge of 12 persons or more:
4	2(ii)(a)	Plate Laying - Permanent way	563.40
5	2(ii)(b)	In tunnel, drive or shaft	563.40
The rates prescribed in subclause (ii) of clause 2, Wages - Private Sector are inclusive of a rate for
supervising plant items.
New South Wales, including the County of Yancowinna
Less than 100 persons on time sheets -
Timekeepers who are responsible for computing payments and allocating costs -
6	2(v)	On works where cash orders or cheques for advance pay are issued	506.30
7		Where no cash order or pay cheques for advance pay are issued	497.50
8		Assistant or check-time keeper	488.10
9		Timekeepers and store-keepers (combined)	497.50
10		Storekeepers	495.90
New South Wales, including the County of Yancowinna
100 persons or more on time sheets -
Timekeepers who are responsible for computing payments and allocating costs -
11	2(v)	On works where cash orders or cheques for advance pay are issued	511.00
12		Where no cash order or pay cheques for advance pay are issued	506.30
13		Assistant or check-time keeper	496.40
14		Timekeepers and store-keepers (combined)	506.30
15		Storekeepers	497.00

Table 2 - Other Rates and Allowances

Item	Clause No.	Brief Description		Amount
No.				$
1	7(iv)(c)(1)	Return home up to 100 km		37.35
2	7(iv)(c)(1)	Each additional 10 km		1.60
3	7(v)	Meal while travelling		9.20
4	7(v)	Bed while travelling		44.55
5	13(ii)(a)(1)	Fares - persons not camped		1.15 per week
				0.26 per day
6	13(ii)(a)(1)	Maximum Fares		2.70 per week
7	13(ii)(b)(1)	Travelling Allowance		Per day
		More than 3 but not more than 10 km		4.00
		More than 10 but not more than 20 km		8.00
		More than 20 but not more than 30 km		12.00
		More than 30 but not more than 40 km		16.10
		More than 40 but not more than 50 km		19.70
		More than 50 but not more than 60 km		23.80
		More than 60 but not more than 70 km		27.70
		More than 70 but not more than 80 km		31.60
		More than 80 but not more than 90 km		35.70
		More than 90 but not more than 100 km		39.60
8	23(i)	Meal allowance		9.20
		Each subsequent meal		7.65
9	23(iii)	Meal allowance		9.20
Where gangs include one or more plant items, as defined, a Ganger shall be paid for each day or part
thereof the following allowance:
10	2(i)	Up to 3 major plant items	2.47
11	2(i)	4 to 5 major plant items	4.10
12	2(i)	6 or more major plant items	6.59
13	2(iv)(a)	Industry Allowance	18.60 per week
14	2(vi)	Inclement Weather	20.80 per week
15	7(iv)(a)	Country Work	313.50 per week
16	16(i)	Distant Places	0.92 per day
17	16(i)	Western Division	1.50 per day
18	16(ii)	Distant Places	0.92 per day
19	16(iii)	Distant Places	1.50 per day
20	20(i)	Wet Places	0.43 per hour
21	20(ii)	Water Depth
		Over 457.2mm	2.87 per day
		Over 914.4mm	3.48 per day
22	20(iii)	Slurry	0.40 per hour
23	21	Working in the rain	2.16 per day
24	26(ii)	First Aid	1.95 per day
25	28	Height Money	0.43 per hour

NOTE: Expense related allowances appearing in this award have been increased up to and including the respective CPI indexes as of 30 March 2001. Other allowances are inclusive of adjustments in accordance with the May 2001 State Wage Case decision of the Industrial Relations Commission of New South Wales.

Table 3 - Weekly Rates - Industry/Skill Level A

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

	Highest year of Schooling Completed
	Year 10 $	Year 11 $	Year 12 $
School leaver	193.00	211.00	256.00
Plus 1 year out of school	211.00	256.00	298.00
Plus 2 years	256.00	298.00	346.00
Plus 3 years	298.00	346.00	396.00
Plus 4 years	346.00	396.00
Plus 5 years or more	396.00

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

Table 4 - Weekly Rates - Industry/Skill Level B

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

	Highest year of Schooling Completed
	Year 10 $	Year 11 $	Year 12 $
School leaver	193.00	211.00	246.00
Plus 1 year out of school	211.00	246.00	283.00
Plus 2 years	246.00	283.00	332.00
Plus 3 years	283.00	332.00	378.00
Plus 4 years	332.00	378.00
Plus 5 years or more	378.00

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

Table 5 - Weekly Rates - Industry/Skill Level C

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

	Highest year of Schooling Completed
	Year 10 $	Year 11 $	Year 12 $
School leaver	193.00	211.00	237.00
Plus 1 year out of school	211.00	237.00	266.00
Plus 2 years	237.00	266.00	298.00
Plus 3 years	266.00	298.00	333.00
Plus 4 years	298.00	333.00
Plus 5 years or more	333.00

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

Table 6 - School-Based Traineeships

	Year of schooling
	Year 11	Year 12
	$	$
School based traineeships Skill Levels A, B and C	193.00	211.00

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

Table 7 - Hourly Rates for Trainees Who Have Left School

SKILL LEVEL A	Year 10 $	Year 11 $	Year 12 $
School leaver	6.35	6.94	8.42
Plus 1 year after leaving school	6.94	8.42	9.80
Plus 2 years	8.42	9.80	11.38
Plus 3 years	9.80	11.38	13.03
Plus 4 years	11.38	13.03
Plus 5 years or more	13.03
SKILL LEVEL B
School leaver	6.35	6.94	8.09
Plus 1 year after leaving school	6.94	8.09	9.31
Plus 2 years	8.09	9.31	10.92
Plus 3 years	9.31	10.92	12.43
Plus 4 years	10.92	12.43
Plus 5 years or more	12.43
SKILL LEVEL C
School leaver	6.35	6.94	7.80
Plus 1 year after leaving school	6.94	7.80	8.75
Plus 2 years	7.80	8.75	9.80
Plus 3 years	8.75	9.80	10.95
Plus 4 years	9.80	10.95
Plus 5 years or more	10.95

Table 8 - Hourly Rates for School-Based Traineeships

	Year of Schooling
	YEAR 11 $	YEAR 12 $
Skills levels A, B and C	6.35	6.94

APPENDIX A - INDUSTRY SKILL LEVELS

Industry/Skill Level A:

Office Clerical

Commonwealth Public Sector Clerical

State Public Sector Clerical

Local Government Clerical

Finance, Property and Business Services

Industry/Skill Level B:

Wholesale and Retail

Recreation and Personal Services

Transport and Storage

Manufacturing

Industry/Skill Level C:

Community Service and Health

Pastoral

Environmental

Wholesale and Retail - Vehicle Repair Services and Retail Sector

M. J. WALTON J. Vice -President

P. J. SAMS D.P.

B. W. O'NEILL, Commissioner.

____________________

Printed by the authority of the Industrial Registrar.

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