Crown Employees (Transport Drivers, &c.) Award 2024
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by Industrial Relations Secretary.
(Case No. 344247 of 2024)
|
Before The
Honourable Justice Chin, Vice President
|
19
September 2025
|
AWARD
Arrangement
PART A
Clause No. Subject
Matter
1. Title
2. Rates of Pay
3. Deduction of Union Membership Fees
4. Shift Allowances
5. Anti-Discrimination
6. Domestic and Family Violence Leave
6A. Leave for employees providing support to
people experiencing domestic and family violence
7. Grievance and Dispute Settling
Procedures
8. General
9. No Extra Claims
10. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates
of Pay
PART A
1. Title
This award shall be
known as the Crown Employees (Transport Drivers &c.) Award 2024.
2. Rates of Pay
The rates of pay
are set out in Table 1 of Part B, Monetary Rates. The rates are provided by the
Crown Employees Wages Staff (Rates of Pay) Award 2024.
3. Deduction of Union Membership Fees
(i) The union will provide the employer with
a schedule setting out union fortnightly membership fees payable by members of
the union in accordance with the union's rules.
(ii) The union will advise the employer of any
change to the amount of fortnightly membership fees made under its rules. Any variation to the schedule of union
fortnightly membership fees payable will be provided to the employer at least
one month in advance of the variation taking effect.
(iii) Subject to (i) and (ii) above, the employer
will deduct union fortnightly membership fees from the pay of any employee who
is a member of the union in accordance with the union's rules, provided that
the employee has authorised the employer to make such deductions.
(iv) Monies so deducted from employee's pay will
be forwarded regularly to the union together with all necessary information to
enable the union to reconcile and credit subscriptions to employees' union
membership accounts.
(v) Unless other arrangements are agreed to
by the employer and the union, all union membership fees will be deducted on a
fortnightly basis.
(vi) Where an employee has already authorised
the deduction of union membership fees from their pay prior to this clause
taking effect, nothing in this clause shall be read as requiring the employee
to make a fresh authorisation in order for such deductions to continue.
4. Shift Allowances
For the ordinary
hours of shift, shift workers shall be paid the following loadings in addition
to the rates prescribed for their respective classifications:
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Loadings
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per shift
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%
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(a)
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ordinary afternoon
or night shifts (other than shifts referred to hereunder).
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15
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(b)
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permanently working
afternoon or night shifts or a combinations of such shifts.
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30
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(c)
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an ordinary
shift, the major portion of which falls on a Saturday or Sunday will in
substitution for the loading specified in paragraphs (a) or (b) of this
clause, be paid for at the rate of 50 per cent or 75 per cent respectively in
addition to the ordinary rate for such shift.
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(d)
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where, at the
employees own request and to suit the employees own personal requirements,
any employee works permanently on a combination of such shifts, the employer
notifies the union of the agreement in writing, and the union agrees, the
employee will be paid 15 per cent extra per shift in lieu of the shift
loading of 30 per cent specified in paragraph (b) of this clause.
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(e)
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for an ordinary
shift worked on a public holiday, an employee will receive an additional one
and half day’s ordinary pay in addition to the normal shift payment
calculated in accordance with paragraph (a) or (b) of this clause.
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5. Anti-Discrimination
(i) 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.
(ii) 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.
(iii) 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.
(iv) Nothing in this clause is to be 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.
(v) This clause does not create legal rights
or obligations in addition to those imposed upon the parties by the legislation
referred to in this clause.
6. Domestic and Family Violence Leave
6.1 Definitions
For
the purpose of this clause:
(a) “Domestic violence” is any behaviour in
an intimate, family or domestic relationship, which is violent, threatening,
coercive, controlling or causes a person to live in fear for their own or
someone else’s safety. It may be a pattern of ongoing controlling or coercive
behaviour.
(b) An “intimate relationship” refers to
people who are or have been in an intimate partnership, whether or not the
relationship involves or has involved a sexual relationship, for example,
married, engaged to be married, separated, divorced, de facto partners, couple
promised to each other under cultural or religious tradition, or who are
dating.
(c) A “family relationship” has a broader
definition and includes people who are related to another through blood,
marriage or de facto partnerships, adoption and fostering relationships,
sibling, and extended family relationships. It includes the full range of
kinship ties in Aboriginal and Torres Strait Islander communities, and extended
family relationships. People living in the same house may also be in a domestic
relationship if their relationships exhibit dynamics which may foster coercive
and abusive behaviours.
(d) Examples of behaviours that constitute
domestic and family violence include but are not limited to:
(i) physical and sexual violence;
(ii) verbal abuse;
(iii) emotional or psychological abuse;
(iv) stalking and intimidation;
(v) technology facilitated abuse;
(vi) social and geographical isolation;
(vii) financial abuse;
(viii) cruelty to pets;
(ix) damage to property; or
(x) threats to be violent in the above ways.
6.2 Employees, including casual employees, are
entitled to 20 days of paid domestic and family violence leave in each calendar
year. This leave is not cumulative.
6.3 Paid domestic and family violence leave is
not pro-rata for part-time or casual employees.
6.4 Employees can take paid domestic and
family violence leave in part-days, single days, or consecutive days. There is
not a minimum number of hours that an employee must take in a day.
6.5 Employees experiencing domestic and family
violence may take domestic and family violence leave including for the
following purposes:
(a) seeking safe accommodation or
establishing safety;
(b) attending medical, legal, police or
counselling appointments relating to their experience of domestic and family
violence;
(c) attending court and other legal
proceedings relating to their experience of domestic and family violence;
(d) organising alternative care or education
arrangements for their children or person(s) in their care;
(e) other activities that will help them to
establish safety and recover from their experience of domestic and family
violence; or
(f) any other purpose associated with the
impact of experiencing domestic and family violence which is impractical to do
outside of their normal hours of work.
6.6 Domestic and family violence leave does
not need to be approved before it can be accessed. However, employees would
advise their employer of the need to take domestic and family violence leave as
soon as possible.
6.7 The leave entitlement can be accessed
without the need to exhaust other available leave entitlements first.
6.8 The employer should only require evidence
of the occurrence of domestic and family violence in exceptional circumstances
and should use their discretion when assessing whether evidence is needed, and
if so, what type of evidence.
6.9 Evidence of the occurrence of domestic and
family violence may include:
(a) a document issued by the police, a court,
a domestic violence support service or a member of the legal profession;
(b) a provisional, interim or final
Apprehended Violence Order (AVO), Apprehended Domestic Violence Order (ADVO),
certificate of conviction or family law injunction;
(c) a medical certificate;
(d) a statutory declaration by the employee
experiencing domestic and family violence; or
(e) any other evidence that would satisfy a
reasonable person that domestic and family violence has occurred.
6.10 Evidence provided by an employee should be
sighted and must be returned to the employee. The evidence must not be retained
by the employer or stored on the employee’s personnel file.
6.11 The intent of paid domestic and family
violence leave is to provide employees with the same remuneration as they would
have received, inclusive of penalties that would have applied, if they did not
take the leave.
6.12 Full-time and part-time employees are
entitled to be paid at their full rate of pay for the hours they would have
worked had they not taken the leave.
6.13 Casual employees will be paid at their full
rate of pay for the hours they were rostered for and would have worked had they
not taken the leave. For the purposes of this clause, “Rostered” means the
employer has offered specific hours of work and the casual employee has
accepted that offer.
6.14 Employers must keep personal information
about domestic and family violence (including information about support
provided by the employer) confidential. This includes not recording instances
of or information about domestic and family violence leave on:
(a) payslips,
(b) the employee’s personnel file, or
(c) rosters.
6.15 Any information regarding an employee’s
experience of domestic or family violence, including any domestic and family
violence leave or supports provided (under this clause or otherwise), can only
be accessed by senior HR personnel or, with the employee’s consent, a relevant
senior manager.
6.16 Employers must not take adverse action
against an employee because they:
(a) have experienced, or are experiencing,
domestic and family violence;
(b) use the paid domestic and family violence
leave provisions; or
(c) are a casual employee who declines to
take a shift they are not rostered for because they are attending to a matter
connected with domestic and family violence at that time.
6.17 The employer will provide support to an
employee experiencing domestic and family violence, including but not limited
to the provision of flexible working arrangements, including changing working
times, work locations, telephone numbers and email addresses.
6A. Leave for Employees Providing Support to
People Experiencing Domestic and Family Violence
6A.1 Employees providing care and support to a
member of their family or household experiencing domestic and family violence
may, if the criteria are met, access existing Family and Community Service
Leave entitlements consistent with clause 71 of the Crown Employees (Public
Service Conditions of Employment) Reviewed Award 2009.
6A.2 The “family” or “household” member that the
employee is providing care and support to must meet the definition of these
terms, as referred to at:
(a) Clause 71 Family and Community Service
Leave as per the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009.
(b) Clause 81 Sick Leave to Care for a Family
Member as per the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009.
6A.3 If the employer needs to establish the
reasons for an employee accessing existing leave entitlements under these
provisions, the employee may be required to provide evidence consistent with
clause 80 Sick Leave – Requirements for Evidence of Illness of the Crown
Employees (Public Service Conditions of Employment ) Reviewed Award 2009 award
or any other form of evidence that is considered acceptable by the employer
such as a statutory declaration.
6A.4 Evidence provided by an employee should be
sighted and must be returned to the employee. The evidence must not be retained
by the employer or stored on the employee’s personnel file.
7. Grievance and Dispute Settling Procedures
(i) All grievances and disputes relating to
the provisions of this award will initially be dealt with as close to the
source as possible, with graduated steps for further attempts at resolution at
higher levels of authority within the appropriate department, if required.
(ii) An employee is required to notify in
writing their immediate manager, as to the substance of the grievance, dispute
or difficulty, request a meeting to discuss the matter, and if possible, state
the remedy sought.
(iii) Where the grievance or dispute involves
confidential or other sensitive material (including issues of harassment or
discrimination under the Anti-Discrimination
Act 1977) that makes it impractical for the employee to advise their
immediate manager the notification may occur to the next appropriate level of
management, including where required, to the Secretary or delegate.
(iv) The immediate manager, or other appropriate
officer, will convene a meeting in order to resolve the grievance, dispute or
difficulty within two (2) working days, or as soon as practicable, of the
matter being brought to attention.
(v) If the matter remains unresolved with the
immediate manager, the employee may request to meet the appropriate person at
the next level of management in order to resolve the matter. This manager will
respond within two (2) working days, or as soon as practicable. The employee
may pursue the sequence of reference to successive levels of management until
the matter is referred to the Secretary.
(vi) The Secretary may refer the matter to the
Industrial Relations Secretary for consideration.
(vii) If the matter remains unresolved, the
Secretary will provide a written response to the employee and any other party
involved in the grievance, dispute or difficulty, concerning action to be
taken, or the reason for not taking action, in relation to the matter.
(viii) An employee, at any stage, may request to be
represented by the union.
(ix) The employee or the union on their behalf,
or the Secretary may refer the matter to the New South Wales Industrial
Relations Commission if the matter is unresolved following the use of these
procedures.
(x) The employee, union, Secretary and
Industrial Relations Secretary will agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
(xi) Whilst the procedures outlined in
subclauses (i) to (x) of this clause are being followed, normal work undertaken
prior to notification of the dispute or difficulty shall continue unless
otherwise agreed between the parties, or, in the case involving occupational
health and safety, if practicable, normal work shall proceed in a manner which
avoids any risk to the health and safety of any employee or member of the
public
8. General
(i) Except as otherwise provided for in this
award, the provisions of the Transport Industry (State) Award shall apply.
(ii) For employees engaged under the Government Sector Employment Act 2013
the provisions of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2009 or its replacement, shall apply in respect of the following
entitlements:
Recreation
Leave
Extended Leave
Sick Leave
FACS Leave
9. No Extra Claims
The Industrial
Relations Commission recognises that the parties have provided an undertaking
that other than as provided for in the Industrial Relations Act 1996,
there will be no further claims/demands or proceedings instituted before the
NSW Industrial Relations Commission for extra or reduced wages, salaries, rates
of pay, allowances or conditions of employment with respect to the Employees
covered by the Award that take effect prior to the nominal expiry of the Award
unilaterally made by a party to the Award unless otherwise agreed by the
parties.
This undertaking
does not prevent the Parties from continuing collaborative discussions during
the life of the Award to deliver additional enhancements to remuneration and/or
conditions of employment, and to achieve additional industry wide and systemic efficiencies
and productivity improvements to the delivery of Government services to the
public. Changes to conditions or salaries may be jointly progressed and, if
agreed, an application to vary the Award may be made by consent prior to the
nominal expiry of the Award.
Parties are not
prevented from commencing any proceedings with respect to the interpretation,
application or enforcement of existing award provisions.
10. Area, Incidence and Duration
(i) This award shall apply to all employees
in the classifications specified in Table 1 - Rates of Pay, of Part B, Monetary
Rates, of this Award and clause 1 of the Transport Industry (State) Award,
employed in organisations to which the Government
Sector Employment Act 2013 applies.
(ii) This Award rescinds and replaces the Crown
Employees (Transport Drivers &c.) Award 2022 published 20 October 2023
(396I.G398) and all variations thereof.
(iii) This Award will come into effect from the
first full pay period after 1 July 2024, and remains in force for three years.
PART B
MONETARY
RATES
Table 1 - Rates
of Pay
Crown. Employees (Transport Drivers, &C.) Award
- Rates of Pay
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Clause 2 Wages
|
Classification
|
Per week as from the first full pay period
on or after 1.7.23
|
Per week as from the first full pay period
on or after 1.7.24
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Per week as from the first full pay period
on or after 1.7.25
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Per week as from the first full pay period
on or after 1.7.26
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(4%)
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(4%)
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(3%)
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(3%)
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$
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$
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$
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$
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|
1. Drivers of
motor wagons - having a manufacturer's gross vehicle mass in kilograms
|
|
(a)
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Up to 295 -
|
1047.10
|
1,089.00
|
1,121.70
|
1,155.40
|
|
(b)
|
Over 2950 and up to 4650
|
1056.10
|
1,098.30
|
1,131.20
|
1,165.10
|
|
(c)
|
Over 4650 and up to 6250
|
1064.60
|
1,107.20
|
1,140.40
|
1,174.60
|
|
(d)
|
Over 6250 and up to 7700
|
1064.60
|
1,107.20
|
1,140.40
|
1,174.60
|
|
(e)
|
Over 7700 and up to 9200
|
1075.90
|
1,118.90
|
1,152.50
|
1,187.10
|
|
(f)
|
Over 9200 and up to 10800
|
1075.90
|
1,118.90
|
1,152.50
|
1,187.10
|
|
(g)
|
Over 10800 and up to 12350
|
1085.30
|
1,128.70
|
1,162.60
|
1,197.50
|
|
(h)
|
Over 12350 and up to 13950
|
1085.30
|
1,128.70
|
1,162.60
|
1,197.50
|
|
(i)
|
Over 13950 and up to 15500
|
1093.80
|
1,137.60
|
1,171.70
|
1,206.90
|
|
(j)
|
Over 15500 and up to 16950
|
1104.40
|
1,148.60
|
1,183.10
|
1,218.60
|
|
(k)
|
Over 16950 and up to 18400
|
1104.40
|
1,148.60
|
1,183.10
|
1,218.60
|
|
(l)
|
Over 18400 and up to 19750
|
1104.40
|
1,148.60
|
1,183.10
|
1,218.60
|
|
(m)
|
Over 19750 and up to 21100
|
1104.40
|
1,148.60
|
1,183.10
|
1,218.60
|
|
(n)
|
Over 21100 and up to 22450
|
1113.00
|
1,157.50
|
1,192.20
|
1,228.00
|
|
(o)
|
Over 22450 and up to 23850
|
1113.00
|
1,157.50
|
1,192.20
|
1,228.00
|
|
(p)
|
Over 23850 and up to 25200
|
1113.00
|
1,157.50
|
1,192.20
|
1,228.00
|
|
(q)
|
Over 25200 and up to 26550
|
1123.90
|
1,168.90
|
1,204.00
|
1,240.10
|
|
(r)
|
Over 26550 and up to 27900
|
1123.90
|
1,168.90
|
1,204.00
|
1,240.10
|
|
(s)
|
Over 27900 and up to 29300
|
1123.90
|
1,168.90
|
1,204.00
|
1,240.10
|
|
(t)
|
Over 29300 and up to 30650
|
1123.90
|
1,168.90
|
1,204.00
|
1,240.10
|
|
(u)
|
Over 30650 and up to 32000
|
1000.50
|
1,040.50
|
1,071.70
|
1,103.90
|
|
(v)
|
Over 32000 and up to 33350
|
1000.50
|
1,040.50
|
1,071.70
|
1,103.90
|
|
(w)
|
Over 33350 and up to 34750
|
1143.80
|
1,189.60
|
1,225.30
|
1,262.10
|
|
(x)
|
Over 34750 and up to 36100
|
1143.80
|
1,189.60
|
1,225.30
|
1,262.10
|
|
(y)
|
Over 36100 and up to 37450
|
1143.80
|
1,189.60
|
1,225.30
|
1,262.10
|
|
(z)
|
Over 37450 and up to 38800
|
1143.80
|
1,189.60
|
1,225.30
|
1,262.10
|
|
(aa)
|
Over 38800 and up to 40200
|
1155.30
|
1,201.50
|
1,237.50
|
1,274.60
|
|
(ab)
|
Over 40200 and up to 41550
|
1155.30
|
1,201.50
|
1,237.50
|
1,274.60
|
|
(ac)
|
Over 41550 and up to 42900
|
1155.30
|
1,201.50
|
1,237.50
|
1,274.60
|
|
(ad)
|
Over 42900 and up to 44250
|
1164.70
|
1,211.30
|
1,247.60
|
1,285.00
|
|
(ae)
|
Over 44250 and up to 45650
|
1164.70
|
1,211.30
|
1,247.60
|
1,285.00
|
|
2. Drivers of
mobile cranes
- employed in
connection with the carriage and delivery of goods, merchandise and the like
performance of work incidental to the loading, unloading, handling and/or
placement of goods
- where the
mobile crane has a lifting capacity in kilograms
|
|
(a)
|
Up to and not exceeding 3050
|
1064.60
|
1,107.20
|
1,140.40
|
1,174.60
|
|
(b)
|
Over 3050 and not exceeding 5100
|
1075.90
|
1,118.90
|
1,152.50
|
1,187.10
|
|
(c)
|
Over 5100 and not exceeding 6100
|
1085.30
|
1,128.70
|
1,162.60
|
1,197.50
|
|
(d)
|
Over 6100 and not exceeding 7100
|
1085.30
|
1,128.70
|
1,162.60
|
1,197.50
|
|
(e)
|
Over 7100 and not exceeding 8100
|
1085.30
|
1,128.70
|
1,162.60
|
1,197.50
|
|
(f)
|
Over 8100 and not exceeding 9150
|
1085.30
|
1,128.70
|
1,162.60
|
1,197.50
|
|
(g)
|
Over 9150 and not exceeding 10150
|
1093.80
|
1,137.60
|
1,171.70
|
1,206.90
|
|
(h)
|
Over 10150 and not exceeding 11200
|
1093.80
|
1,137.60
|
1,171.70
|
1,206.90
|
|
(i)
|
Over 11200 and not exceeding 12200
|
1093.80
|
1,137.60
|
1,171.70
|
1,206.90
|
|
(j)
|
Over 12200 and not exceeding 13200
|
1104.40
|
1,148.60
|
1,183.10
|
1,218.60
|
|
(k)
|
Over 13200 and not exceeding 14200
|
1104.40
|
1,148.60
|
1,183.10
|
1,218.60
|
|
(l)
|
Over 14200 and not exceeding 15250
|
1104.40
|
1,148.60
|
1,183.10
|
1,218.60
|
|
(m)
|
Over 15250 and not exceeding 16250
|
1104.40
|
1,148.60
|
1,183.10
|
1,218.60
|
|
(n)
|
Over 16250 and not exceeding 17250
|
1113.00
|
1,157.50
|
1,192.20
|
1,228.00
|
|
(o)
|
Over 17250 and not exceeding 18300
|
1113.00
|
1,157.50
|
1,192.20
|
1,228.00
|
|
(p)
|
Over 18300 and not exceeding 19300
|
1113.00
|
1,157.50
|
1,192.20
|
1,228.00
|
|
(q)
|
Over 19300 and not exceeding 20300
|
1113.00
|
1,157.50
|
1,192.20
|
1,228.00
|
|
(r)
|
Over 20300 and not exceeding 21350
|
1123.90
|
1,168.90
|
1,204.00
|
1,240.10
|
|
(s)
|
Over 21350 and not exceeding 22350
|
1123.90
|
1,168.90
|
1,204.00
|
1,240.10
|
|
(t)
|
Over 22350 and not exceeding 23350
|
1123.90
|
1,168.90
|
1,204.00
|
1,240.10
|
|
(u)
|
Over 23350 and not exceeding 24400
|
1123.90
|
1,168.90
|
1,204.00
|
1,240.10
|
|
(v)
|
Over 24400 and not exceeding 25500
|
1123.90
|
1,168.90
|
1,204.00
|
1,240.10
|
|
(w)
|
Over 25500 and not exceeding 26400
|
1123.90
|
1,168.90
|
1,204.00
|
1,240.10
|
|
(x)
|
Over 26400 and not exceeding 27450
|
1123.90
|
1,168.90
|
1,204.00
|
1,240.10
|
|
(y)
|
Over 27450 and not exceeding 28450
|
1132.70
|
1,178.00
|
1,213.30
|
1,249.70
|
|
(z)
|
Over 28450 and not exceeding 29450
|
1132.70
|
1,178.00
|
1,213.30
|
1,249.70
|
|
(aa)
|
Over 29450 and not exceeding 30500
|
1123.90
|
1,168.90
|
1,204.00
|
1,240.10
|
|
And for each
additional 1000 kg or part thereof over
|
0.43
|
0.45
|
0.46
|
0.47
|
|
3. Drivers of
fork lifts - of a capacity
|
|
(a)
|
Up to 4500 kg
|
1064.60
|
1,107.20
|
1,140.40
|
1,174.60
|
|
(b)
|
Over 4500 to 9100
|
1085.30
|
1,128.70
|
1,162.60
|
1,197.50
|
|
(c)
|
Over 9100 kg
|
1093.80
|
1,137.60
|
1,171.70
|
1,206.90
|
|
4. Drivers of
prime movers - where the crane has a lifting capacity of
|
|
(a)
|
Up to 20350 kg
|
1075.90
|
1,118.90
|
1,152.50
|
1,187.10
|
|
(b)
|
Over 20350 kg
|
1104.40
|
1,148.60
|
1,183.10
|
1,218.60
|
|
5. Extra Hands
|
1024.00
|
1,065.00
|
1,097.00
|
1,129.90
|
|
|
|
|
|
|
|
D. CHIN J, Vice President
____________________
Printed by the authority of the
Industrial Registrar.