Crown Employees (Skilled
Trades) Award 2024
INDUSTRIAL
RELATIONS COMMISSION OF NEW SOUTH WALES
Application
by Industrial Relations
Secretary.
(Case No. 344214 of 2024)
|
Before The
Honourable Justice Chin, Vice President
|
10 September 2025
|
AWARD
Arrangement
PART
A
Clause No.       Subject
Matter
1.        Definitions
2.        Hours - Day Workers
3.        Rates of Pay
4Â Â Â Â Â Â Â Â Â Allowances
5.        Tool Allowance
6.        Leading Hands
7.        Mixed Functions
8.        Excess Fares and Travelling Time
9.        Overtime
10.     Shift Work
11.     Holidays and Sunday Work
12.     Payment of Wages
13.     Contract of Employment
13AÂ Â Â School Based Apprentices
14.     Distant Work
15.     Chokages
16.     Special Conditions
17.     Hygiene and Safety First-Aid Outfit
18.     Conveniences
19.     Piecework
20.     Damage to Clothing or Tools
21.     Sharpening Tools
22.     Special Tools and Clothing
23.     Insurance of Tools
24.     Exhibition of Award
25.     Anti-Discrimination
26.     Carer’s Leave
27.     Union Delegates
28.     Dispute Resolution
29.     Transport of Employee's Tools
30.     Picnic Day
31.     General Leave Conditions and Accident Pay
32.     Deduction of Union Membership Fees
33.     Work Health and Safety for Employees of
Labour Hire Employers
34.     No Extra Claims
35.     Area, Incidence and Duration
PART
B
RATES
AND ALLOWANCES
Table
1 - Rates of Pay
Table
2 - Tool Allowances
Table
3 - Allowances
PART A
This
award will be known as the Crown Employees (Skilled Trades) Award 2024.
1. Definitions
1.1Â Â Â Â Â For the purpose of this award, the
definitions of the various classes specified in clause 3, Rates of Pay, of this
award, will be those which are contained in the respective State Craft Awards
in relation to similar classes.
1.2Â Â Â Â Â "Plant Mechanic" will mean a
Worker engaged in making, repairing, altering and testing metal parts
(including electrics) of engine, frames, tracks, transmissions and auxiliaries
of machines used on construction, earthmoving or similar operation.
1.3Â Â Â Â Â Mechanical Tradesperson - Special Class
means a Mechanical Tradesperson who is mainly engaged in any combination of
installing, repairing and maintaining, testing, modifying, commissioning or
fault finding on complex machinery and equipment which utilises hydraulic
and/or pneumatic principles. They must be able in the course of such work to
read and understand hydraulic and/or pneumatic circuitry that controls fluid
power systems.
To be classified as a Mechanical
Tradesperson - Special Class a tradesperson must have had a minimum of two
years on-the-job experience as a tradesperson working predominantly on fluid
power systems to enable the carrying out of such work with minimum supervision
and technical guidance; and
Additionally, they must have satisfactorily
completed a prescribed post-trades course or reached a comparable standard of
skill and knowledge by other means including in-plant training or on-the-job
experience.
1.4Â Â Â Â Â Electronic Tradesperson - for the purpose
of this definition "mainly engaged" means regularly over a period or
intermittently during a week.
(a)Â Â Â Â Â Â "Electronic Tradesperson" means
an electrical tradesperson who is engaged in applying their knowledge and
skills to the task of installing, repairing, maintaining, servicing, modifying,
commissioning, testing, fault finding and the diagnosing of various forms of
machinery and equipment which are electronically controlled by complex digital
and/or analogue control systems utilising integrated circuitry. The application of this skill and knowledge
would require an overall understanding of the operating principles of the
systems and equipment on which the tradesperson is required to carry out their
tasks.
To be classified as an Electronic
Tradesperson, the employee must have at least three years on-the-job experience
as a tradesperson in electronic systems utilising integrated circuits and in
addition, must have satisfactorily completed a post trades course in
electronics equivalent to at least two years’ part time study. In addition, to be classified as an
electronic tradesperson, a tradesperson must be capable of:
(i)Â Â Â Â Â Â Â Maintaining
and repairing multi-function printed circuitry using circuit diagrams and test equipment;
(ii)Â Â Â Â Â Working under minimum supervision and
technical guidance;
(iii)Â Â Â Â Providing technical guidance within the
scope of the work described in this definition;
(iv)Â Â Â Â Preparing reports of a technical nature on
specific tasks or assignments as directed and within the scope of the work
described in this definition.
2. Hours - Day Workers
2.1Â Â Â Â Â Except as provided elsewhere in this Award
the ordinary working hours will be thirty-eight per week and will be worked in
accord with the following provisions for a four-week work cycle:
(a)Â Â Â Â Â Â The ordinary working hours will 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 6.00a.m. and 6.00p.m.
Employees will be credited with 0.4 of one hour on each day worked. This time will accrue as an entitlement to
take the fourth Monday in each cycle as a day off with pay.
(b)Â Â Â Â Â Â By agreement in writing between the
employer and the employee(s) an alternate day may be substituted for the fourth
Monday. All provisions of the relevant award will apply to the alternate day as
to the usual rostered day off (RDO).
(c)Â Â Â Â Â Â The agreement regarding the substituted
day will be made at least seven (7) clear days prior to the date of the RDO.
(d)Â Â Â Â Â Â Where an employee works on their rostered
day off in accordance with this sub-clause, they may elect, where practicable,
to have another day off before the end of the succeeding work cycle. In such a
case the accrued entitlements are transferred to the substituted day off.
(e)Â Â Â Â Â Â Provisions of subclause 2.5 will not
apply where 7 days clear notice is given in accordance with subclause 2.1 of
this clause.
(f)Â Â Â Â Â Â Â No later than the 1st
December each year the employer organisation and the Unions NSW Building Trades
Group of Unions will meet to program the calendar so as to
ensure that where appropriate    rostered
days off fall together with Public Holidays as prescribed in clause 11,
Holidays and Sunday Work, of the award.
2.2Â Â Â Â Â Where the fourth Monday or agreed RDO
falls on a public holiday, the next working day will 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.
2.3Â Â Â Â Â Each day of paid, sick or recreation leave
taken and any public holidays occurring during any cycle of four weeks will be
regarded as a day worked for accrual purposes.
2.4Â Â Â Â Â Where an employee has not worked a
complete 4 week cycle, they will be entitled to
pro-rata accrued entitlements towards an RDO for each day (or fraction thereof)
worked or regarded as worked in the cycle.Â
This provision will also apply to their entitlements on termination of
employment.
2.5Â Â Â Â Â In addition to their accrued entitlements,
employees will be paid at the rates for Saturday work as provided in Clause 9
of this award, if required by the employer to work on an accrued RDO. The requirement to work will apply in
circumstances where it is necessary to enable other workers to be employed
productively, or to carry out maintenance outside ordinary working hours, or
for any other reasons arising from unforeseen delays and/or emergency
circumstances on a project.
2.6Â Â Â Â Â A paid rest period of ten minutes will be
provided between 9a.m. and 11a.m. or at such earlier time as may be mutually
agreed upon. Employees will be allowed a tea break during the afternoon period
at a time to be arranged by the employer.Â
The taking of the tea break will not involve a complete stoppage of
work. Where the
majority of employees on a particular site are covered by awards other
than this award, the conditions for the taking of morning and afternoon rest
breaks that apply to the majority will be observed by mutual agreement.
2.7Â Â Â Â Â Painters will be allowed five minutes
before lunch and before knock off time to clean and
put away their brushes, tools, etc., and bridge and wharf carpenters will be
allowed five minutes before ceasing time to wash and put away gear.
3. Rates of Pay
An
employee of a classification specified in Part B, Table 1 - Rates of Pay, will
be paid the weekly rate of pay assigned to that classification as shown in
Table 1.
4. Allowances
4.1Â Â Â Â Â In addition to the wages and tool
allowances prescribed in Part B, Table 1 and Table 2 of this Award, the
following special rates and allowances as set out in Part B, Table 3 -
Allowances will be paid to employees.
4.2Â Â Â Â Â Carpenter Diver: The hourly rate of pay
for a Carpenter Diver will be calculated by adding the allowance rate specified
in Part B, Table 3 to the weekly rate for a bridge and wharf carpenter and
dividing the result by 31.
4.3Â Â Â Â Â The following provisions will apply when a
bridge and wharf carpenter is called upon to work as a diver.
(a)Â Â Â Â Â Â In the period before the lunch break,
payment will be at the carpenter-diver rate for all time worked, with a minimum
payment of three hours.
(b)Â Â Â Â Â Â After the lunch break, payment at
carpenter-diver rate is for time worked or for three hours, whichever is the
greater.
(c)Â Â Â Â Â Â Where the employee undertakes work as a
carpenter-diver both before and after the daily meal break on the same day,
payment for the whole day of six hours twelve minutes will be at the
carpenter-diver rate.
(d)Â Â Â Â Â Â For any other work on a day during a
period when not paid as a carpenter diver they will receive the rates for a
bridge and wharf carpenter.
(e)Â Â Â Â Â Â A carpenter-diver required on any day or
shift to work at depths of twelve metres or over will be paid a minimum of six
hours twelve minutes at the Carpenter Divers' rate for such day or shift.
4.4Â Â Â Â Â Electricians - An electrician who is the
holder of a New South Wales Electrician’s licence will be paid the allowance
rate specified in Part B, Table 3.
4.5Â Â Â Â Â Lead Burner - The ordinary rates for lead
burners will be calculated by adding to the rate prescribed for journeyman
plumbers in this award the allowance rate specified in Part B, Table 3.
4.6Â Â Â Â Â Plumber and Drainer - The ordinary rate of
wages for employees in each of the undermentioned classifications will be
calculated by adding to the rate specified in Part B, Table 1 the allowance
rate specified in Part B, Table 3:
4.6.1Â Â When required to act on their Plumber's licence;
4.6.2Â Â When required to act on their Gasfitter's licence;
4.6.3Â Â When required to act on their Drainer's licence;
4.6.4Â Â When required to act on their Plumber's and
Gasfitter's licence;
4.6.5Â Â When required to act on their Plumber's and
Drainer's licence;
4.6.6Â Â When required to act on their Gasfitter's and
Drainer's licence;
4.6.7Â Â When required to act on their Plumber's,
Gasfitter's and Drainer's licence.
4.7Â Â Â Â Â Electric Welding - An additional allowance
as specified in Part B, Table 3 will be paid to employees holding a New South
Wales Government issued oxy-acetylene or electric welding certificate and who
operate at the skill levels required for the certificate. The allowance will be paid in addition to the
rates for a journeyman/plumber contained in the award for work necessitating
the holding of a certificate, supervision by a certificate holder or while
supervising such work.
4.8Â Â Â Â Â Boot or Shoe Repairer - A boot or shoe
repairer who for the major part of the week is
required to repair anatomical, surgical or orthopaedic boots or shoes will be
paid the allowance rate specified in Part B Table 3.
4.9Â Â Â Â Â Shipwright-Boat builder - The ordinary
rate of wages for Liner Off, Lofts person and Model Maker will be calculated by
adding to the rate prescribed in clause 3, Rates of Pay, the allowance rate
specified in Part B, Table 3.
4.10Â Â Â Computing Quantities - Employees, excluding
leading hands and charge hands, who are regularly required to compute or
estimate quantities or materials in respect to the work performed by the other
employees will be paid the allowance rate specified in Part B, Table 3.
4.11Â Â Â Joiners, NSW Public Works: A Joiner employed
in the NSW Public Works division of the Department of Primary Industries and
Regional Development will be paid the allowance rate specified in Part B, Table
3. This rate is fixed for all purposes
of the award.
The provisions of this subclause will only
apply to a joiner when required to work at their regular place of employment.
Where a joiner works away from their regular
place of employment, a deduction specified in Part B, Table 3 will be made from
the allowance rate so specified for each day so worked.
4.12Â Â Â Registration Allowance - A Plumber and/or
Gasfitter and/or Drainer who is or will be required to be the holder of a
Certificate of Registration will be paid the allowance rate specified in Part
B, Table 3. This allowance will be paid
for all purposes of the award with the exception of
Clause 9, Overtime, and Clause 10, Shift Work, of this award. In this case it will be paid as a flat rate
for all hours worked.
4.13Â Â Â Marking Off/Setting Out - A building
tradesperson mainly employed marking and/or setting out work for other
employees will be paid the allowance rate specified in Part B, Table 3.
4.14Â Â Â Cold Places - Employees working in places
where the temperature is reduced by artificial means to less than 0 degrees
Celsius will be paid the allowance rate specified in Part B, Table 3. Where
such work continues for more than two hours, employees will be entitled to
twenty minutes rest after every two hours work without loss of pay.
4.15Â Â Â Confined Spaces - Employees required to work
in a confined space will be paid the allowance rate specified in Part B, Table
3. Confined space means a place the
dimensions or nature of which necessitate working in a cramped position or
without sufficient ventilation.
4.16Â Â Â Dirty Work -
4.16.1 Work which is considered by both a supervisor
and worker to be of a dirty or offensive nature by comparison with the work
normally encountered in the trade concerned, and for which no other special
rates are prescribed, will be paid for by the allowance rate specified in Part
B, Table 3.
In the case of disagreement between the
supervisor and worker the latter will be entitled within twelve hours to ask
for a decision on their claim by the employer, their industrial officer,
manager, superintendent or engineer. A
decision will be given on the worker's claim within twenty-four hours of its
being asked for (unless the time expires on a non-working day, in which case it
will be given on the next working day) or else the said rate will be paid. In any case where the union is dissatisfied
with the decision of the employer, their industrial officer, manager or
engineer, it will have the right to bring such case before the Industrial
Commission of New South Wales.
4.16.2 In addition to the minimum rates of pay
specified by this award, a bridge and wharf carpenter will receive an allowance
as specified in Part B, Table 3 when working in the following circumstances:
(a)Â Â Â Â Â Â when using creosote, tar, bitumen, wood
preservative or any other material or liquid that is damaging to clothes or
unduly objectionable to the employee or damaging to their tools; and
(b)Â Â Â Â Â Â when working with materials which have
been treated with any of the said substances in such a way as to pollute the
clothes or the person of the employee or damage their tools.
4.16.3 Oil or other suitable solvents will be provided
by the employer free of charge to bridge and wharf carpenters to remove tar,
bitumen, creosote or similar preparations from their persons.
4.16.4 In addition to the minimum rates of pay
provided by this award, a special hourly allowance set out at Part B, Table 3
is available to a bridge and wharf carpenter in the following
circumstances. The allowance is payable
where the employee is working in such dirty or dusty conditions that they incur
damage to their clothing or injuries to their person. This may include work on, or engagement in,
construction, repair, demolition or renovation of coal hoppers or bins, or
metal hoppers or bins, or on the repair, demolition or renovation of wharves or
gantries, bridges, piers, towers or flying-foxes, jetties, dolphins or works of
a like nature.
4.16.5 In the event of any dispute arising as to
whether any work is of a character entitling a bridge and wharf carpenter to a
special payment in terms of paragraphs 4.16.2 and 4.16.4 of this clause, the matter may be referred to the Industrial
Relations Commission of New South Wales. A decision in respect of any claim
will be made by the employer or their engineer within forty-eight hours of the
claim being made.
4.16.6 A Shipwright Boat builder who is:
(a)Â Â Â Â Â Â stripping, caulking, tarring and
sheathing on old work below the waterline;
(b)Â Â Â Â Â Â doing work in connection with coal
bunkers and holds in which coal has been carried and dirty steering gear;
(c)Â Â Â Â Â Â doing work in connection with wooden
ceilings in hatches, sheathing in holds, replacing timber on ceilings and
sheathing in connection therewith (old work only);
(d)Â Â Â Â Â Â doing work where laykold,
risqué steel, never reust, adfast,
wetted lead, on azote or any similar materials are used by shipwrights;
(e)Â Â Â Â Â Â doing work with a portable sanding
machine when an adequate dust catcher is not fitted to such machine;
(f)Â Â Â Â Â Â doing work in places where bulk sugar,
scrap iron, hides and cement have been carried;
(g)Â Â Â Â Â Â doing work which is rendered unusually
dirty by the presence of coal ;
will receive a special hourly rate as set
out at Table 3 whilst so employed in addition to the minimum rates of pay
provided by this award.
4.17Â Â Â Height Money: - Employees, working at a
height of 7.5 metres from the ground, deck, floor or water will be paid the
allowance rates specified in Part B, Table 3.Â
Height will be calculated from where it is necessary for the employee to
place their hands or tools in order to carry out the
work to such ground, deck, floor or water.Â
For the purpose of this subclause, deck or
floor means a substantial structure that, even though temporary, is sufficient
to protect an employee from falling any further distance. Water level means in
tidal waters mean water level. This
subclause will not apply to employees working on a suitable scaffold erected in
accordance with the Work Health &
Safety Act 2011.
4.18Â Â Â Hot Places: - Employees working in the shade
in places where the temperature is raised by artificial means to between 46
degrees and 54 degrees Celsius will be paid the allowance rate specified in
Part B, Table 3. In places where the
temperature exceeds 54 degrees Celsius such employees will be paid the
allowance rate specified in Part B, Table 3.
Where work continues for more than two hours
in temperatures exceeding 54 degrees Celsius, employees will also be entitled
to twenty minutes' rest after every two hours work without deduction of
pay. The work supervisor will decide as
to the temperature level, after consultation with the employees who claim the
extra rate.
4.19Â Â Â Insulation Material: An employee handling
charcoal, pumice, granulated cork, silicate of cotton, insulwool,
slag wool or other recognised insulating material of a like nature, will be
paid the allowance rate specified in Part B, Table 3. This rate will also apply to employees
working in such close proximity so
as to be affected by the insulating material.
4.20Â Â Â Smoke-boxes, etc.:
Employees working on repairs to smoke-boxes, furnace
or flues of boilers will be paid an additional hourly allowance. An employee
engaged on repairs to oil fired boilers, including the casings, uptakes and
funnels, or flues and smoke stacks, will, while
working inside such boiler, be paid entitled to an allowance. The rates for both allowances are specified
in Part B, Table 3.
4.21Â Â Â Wet Places: -
4.21.1
(a)Â Â Â Â Â Â An employee working in any place where
water is continually dripping on the employee, or where there is water
underfoot so that clothing and boots become wet, will be paid the allowance
rate specified in Part B, Table 3. This
extra rate is not payable where an employee is provided with suitable and
effective protective clothing and/or footwear.Â
An employee who becomes entitled to this extra rate will be paid at that
rate for any part of the day or shift that they are required to work in wet
clothing or wet boots.
(b)Â Â Â Â Â Â Where a plumber is required to work in
the rain he will be paid the allowance rate specified in Part B, Table 3 for
time so worked.
4.21.2Â Â Â Â Â Â Â Â Â Â Â Â An
employee who is called upon to work on a raft or open boat, or on a punt or
pontoon having a freeboard of 305 mm or less will be entitled to the allowance
rate specified in Part B, Table 3.
4.21.3Â Â Â Â Â Â Â Â Â Â Â Â An
employee called upon to work knee-deep in mud or water, will be paid at the
rate of the allowance rate specified in Part B, Table 3. This subclause will not apply to an employee
who is provided with suitable protective clothing and/or footwear.
4.22Â Â Â Acid furnaces, Stills, etc.:
4.22.1Â Â Â Â Â Â Â Â Â Â Â Â A
bricklayer required to work on the construction or repairs to acid furnaces,
acid stills, acid towers and all other acid resisting brickwork, will be paid
the allowance rate specified in Part B, Table 3. This additional rate will be regarded as part
of the wage rate for all purposes of the award.
4.22.2Â Â Â Â Â Â Â Â Â Â Â Â An
employee engaged on the construction or alteration or repairs to boilers,
flues, furnaces, retorts, kilns, ovens, ladles and similar refractory work will
be paid the allowance rate specified in Part B, Table 3. This additional rate will be regarded as part
of the wage rate for all purposes.
4.23Â Â Â Towers Allowance: An employee working on a
chimney stack, spire, tower, radio or television mast or tower, air shaft
(other than above ground in a multi-storey building), cooling tower, water
tower or silo over fifteen metres in height will be paid the allowance rates
specified in Part B, Table 3, for all work above fifteen metres.
4.24Â Â Â Depth Money: - An employee working in
tunnels, cylinders, caissons, coffer dams and sewer work, and in underground
shafts exceeding 3 metres in depth will be paid the allowance rate specified in
Part B, Table 3.
4.25Â Â Â Swing Scaffolds: - The allowance rates
specified in Part B, Table 3 for the first four hours or any portion thereof,
and for each hour thereafter on any day will be made to any persons employed:
(a)Â Â Â Â Â Â on any type of swing scaffold or any
scaffold suspended by rope or cable, bosun's chair, etc.
(b)Â Â Â Â Â Â on a suspended scaffold requiring the use
of steel or iron hooks or angle irons at a height of 6 metres or more above the
nearest horizontal plane.
4.25.1 Solid plasterers when working off a swing
scaffold will receive an additional hourly payment as set out in Part B, Table
3.
4.26Â Â Â Spray Application: - A painter engaged on
all spray applications carried out in other than in a approved properly constructed booth will be paid
the allowance rate specified in Part B, Table 3.
4.27Â Â Â An allowance will be paid as specified in
Part B, Table 3 for all work, other than chokages,
that is done in connection with lavatories, urinals, soil or waste pipes where used principally for venereal patients in hospitals or
ships. The allowance need not be paid if
suitable gloves and (where necessary) suitable boots are supplied to the
employee concerned for use during such work.Â
Gloves and boots remain the property of the employer.
4.28Â Â Â Working Second hand Timber: If, while
working with second hand timber, a Bridge and Wharf Carpenter's tools are
damaged by nails, dumps or other foreign matter in the timber, the Carpenter
will be entitled to the allowance rate specified in Part B, Table 3 for each
day upon which their tools are so damaged. Payment of the allowance is
contingent upon the damage being reported immediately to the employer's
representative on the job in order that the claim can be proved.
4.29Â Â Â Roof Work: Employees engaged in the fixing
or repairing of a roof or any other work in excess of
12 metres from the nearest floor level will be paid the allowance rate
specified in Part B, Table 3.
4.30Â Â Â Electric Welding - Plumbers: A plumber
engaged on electric welding applicable to plumbing will be paid the allowance
rate specified in Part B, Table 3 for the time so worked.
Extra Rate Not Cumulative - When more than
one of the above rates provide payment for disabilities of substantially the
same nature, then only the highest of such rates will be payable.
Rates not subject to Penalty Provisions -
The special rates herein prescribed will be paid irrespective of the times at
which the work is performed and will not be subject to any premium or penalty
conditions.
4.31Â Â Â Explosive Powered Tools -
4.31.1 Employees required to use explosive powered
tools will be paid the allowance rate specified in Part B, Table 3.
4.31.2 If bridge and wharf carpenters are required to
use power driven tools they will be paid the allowance rate specified in Part
B.
4.32Â Â Â Scaffolding Rigging - An employee who is the
holder of a scaffolding or rigging certificate issued by the New South Wales
Government and undertakes work that requires a person to have such a
certificate, will be paid the allowance rate specified in Part B, Table 3.
4.33Â Â Â Corrective Establishments - An employee of
the NSW Public Works division of the Department Primary Industries and Regional
Development who is required to work in the maximum security sections of the
following Corrective establishments - Cessnock, Goulburn, Lithgow, Mulawa, Parklea, Special Purpose Centre, Metropolitan
Remand & Reception Centre, Metropolitan Special Programs Centre,
Metropolitan Medical Transient Centre/Long Bay Hospital, Endeavour House and
Minda Patterson House) and Bathurst will
be paid the hourly allowance rate specified in Part B, Table 3.
4.33.1 Mental Institutions - Employees of the NSW
Public Works division of the Department of Primary Industries and Regional
Development working in mental institutions will be paid the allowance rate
specified in Part B, Table 3 in addition to all other rates payable under this
award. This payment is not applicable to overtime or other penalty rates:
Payment under this subclause will not be
made in respect of work done in such areas as may be agreed upon between the
respective unions and the Industrial Relations Secretary.
4.33.2 Geriatric Hospitals - Employees working or
required to work in the following geriatric hospitals: namely, Allandale, Garrawarra and Strickland, will be paid an allowance as set
out in Part B, Table 3. Those working or
required to work at Lidcombe Hospital will be paid the allowance rate specified
in Part B, Table 3, in addition to all other rates payable under this Award.
This payment is not applicable to overtime or other penalty rates:
4.33.3
(a)Â Â Â Â Â Â A Plumber who will be required to work in
hot and/or cold water tanks for the purpose of the
control of Legionella Pneumophilia will be required to use and wear the
appropriate respiratory equipment and safety clothing as directed by the NSW
Health. They will be paid the allowance rate specified in Part B, Table 3, per
hour or part thereof while undertaking such work.
The allowance prescribed by this subclause
will be in lieu of the special rates prescribed in subclauses 4.14, Cold
Places, 4.15, Confined Spaces, 4.18, Hot Places and 4.21, Wet Places of this
clause.
(b)Â Â Â Â Â Â An employee who is required to assist a
plumber in the performance of work described in (a) above will not be entitled
to the allowance as so prescribed but will be entitled to any other special
rates prescribed under clause 4, Allowances, if applicable.
4.34Â Â Â Distant Places -
4.34.1 All employees working in districts west and
north of and excluding:
(i)Â Â Â Â Â Â Â State
Highway No. 17 from Tocumwal to Gilgandra
(ii)Â Â Â Â Â State Highway No. 11 from Gilgandra to
Tamworth
(iii)Â Â Â Â Trunk Road No. 63 to Yetman and State
Highway No. to Boggabilla up to the Western Division boundary and excluding the
municipalities through which the road passes.
will be paid the allowance rate specified in
Part B, Table 3.
4.34.2 All employees working the in Western Division
of the State will be paid the allowance rate specified in Part B, Table 3.
4.34.3 All employees working within the area bounded
by and inclusive of:
(i)Â Â Â Â Â Â Â Snowy River
from the New South Wales border to Dalgety, then by road directly from Dalgety
to Berridale
(ii)Â Â Â Â Â on the Snowy Mountain Highway at Adaminaby
to Blowering
(iii)Â Â Â Â from Blowering
southwest to Welaregang and on the Murray River
(iv)Â Â Â Â in a south-easterly direction along the New
South Wales border to the point of commencement.
will be paid the allowance rate specified in
Part B, Table 3 extra per day or part thereof.
4.34.4 Bridge and Road Construction: - Employees
engaged on road and bridge construction and repair within the area bounded by
and inclusive of
(i)Â Â Â Â Â Â Â Queensland
border on the north
(ii)Â Â Â Â Â State Highway No. 9 from Tenterfield to
Bendemeer on the west
(iii)Â Â Â Â State Highway No. 11 from Bendemeer to Port
Macquarie on the south
(iv)Â Â Â Â the coastline from Port Macquarie to Tweed
Heads on the east.
will be paid the allowance rate specified in
Part B, Table 3 per day extra.
4.35Â Â Â Morgues - An employee required to work in a
morgue will be paid the allowance rate specified in Part B, Table 3, per hour
whilst so employed.
4.36Â Â Â Applying Obnoxious Substances -
4.36.1 An employee engaged in either the preparation
and/or the application of epoxy based materials or
materials of a like nature will be paid the allowance rate specified in Part B,
Table 3.
4.36.2 In addition, employees applying such material
in buildings which are normally air conditioned will be paid the allowance rate
specified in Part B, Table 3.
4.36.3 Where there is an absence of adequate natural
ventilation, the employer will provide ventilation by artificial means and/or
supply an approved type of respirator. In addition, protective clothing will be
supplied where recommended by the NSW Health.
4.36.4 Employees working in close
proximity to employees so engaged will be paid the allowance rate
specified in Part B, Table 3.
4.36.5 For the purpose of this clause, all materials
which include or require the addition of a catalyst hardener and reactive additives or two pack catalyst system will be deemed to be
materials of a like nature.
4.37Â Â Â Bricklayers laying other than Standard
Bricks - Bricklayers employed laying blocks (other than concrete blocks for
plugging purposes) will be paid the allowance rates specified in Part B, Table
3 in relation to the weight of the blocks.
(a)Â Â Â Â Â Â Where the block weighs over 5.5 kg and
under 9 kg.
(b)Â Â Â Â Â Â Where the block weighs 9 kg or over and
up to 18 kg.
(c)Â Â Â Â Â Â Where the block weighs over 18 kg.
4.37.1 An employee will not be required to lift a
building block in excess of 20 kg in weight unless
provided with a mechanical aid or an assistant. An employee will not be
required to manually lift any building block in excess of
20 kg in weight to a height of more than 1.2 metres above the working platform.
4.37.2 This subclause will not apply to employees
being paid the extra rate for refractory work.
4.38Â Â Â Bagging - Employees engaged upon bagging
bricks or concrete structures will be paid the allowance rate specified in Part
B, Table 3.
4.39Â Â Â Cleaning down Brickwork - A bricklayer
required to clean down bricks using acids or other corrosive substances will be
paid the allowance rate specified in Part B, Table 3. Employees will be
supplied with gloves by the employer when undertaking such work.
4.40Â Â Â Asbestos - Employees required to work with
materials containing asbestos or to work in close proximity
to employees using such materials will be provided with, and will use,
all necessary safeguards as required by the appropriate occupational health
authority. Where it is mandatory to wear protective equipment, the employees
will be paid the allowance rate specified in Part B, Table 3 whilst engaged on
such work.
4.41Â Â Â Pneumatic Tool Operation - A stonemason in
New South Wales using pneumatic tools of 2.75 kilograms or over in weight will
be paid the allowance rate specified in Part B, Table 3 each day on which he
uses such a tool.
4.42Â Â Â Brick Cutting Machine - One bricklayer on
each site to operate the cutting machine and to be paid the allowance rate
specified in Part B, Table 3 per hour or part thereof while so engaged.
4.43Â Â Â Asbestos Eradication -
This subclause will apply to employees
engaged in the process of asbestos eradication on the performance of work
within the scope of this award.
Asbestos eradication is defined as work on
or about building, involving the removal or any other method of neutralisation
of any materials that consist of, or contain asbestos.
All aspects of asbestos eradication work
will be conducted in accordance with the Work
Health and Safety Act 2011 concerning construction work involving asbestos
and asbestos cement.
In addition to the rates prescribed in this
Award an employee engaged in asbestos eradication (as defined) will receive the
allowance rate specified in Part B, Table 3.Â
This is in lieu of special rates as prescribed in Clause 4, Allowances, with the exception of subclauses 4.14, cold places; 4.18,
hot places; 4.25, swing scaffold; 4.26, spray application and 4.28, working
second hand timber.
Other Conditions -
The conditions of employment rates and
allowances, except so far as they are otherwise specified in this subclause
will be the conditions of employment, rates and allowances of the award as
varied from time to time.
4.44Â Â Â Animal Houses -
An employee who is required to work in an
Animal House will be paid an additional hourly allowance as set out in Part B
Table 3 whilst so employed.
4.45Â Â Â Coal Wash: Employees of Transport for NSW
involved in road construction work in the Illawarra region working in areas
where coal wash is being unloaded, handled or spread will be paid an hourly
allowance as set out in Part B Table 3.Â
5. Tool Allowance
In
addition to the rate of pay as prescribed in Part B, Table 1 - Rate of Pay an
employee of a classification specified in Part B, Table 2, clause 5, Tool
Allowances, will be paid a tool allowance as prescribed in that table. The tool allowance is applicable to both
skilled tradespeople and apprentices and is to form part of the ordinary pay
for all purposes.
6. Leading Hands
Leading
hands will be paid allowances prescribed in Part B, Table 3 - Allowances as
follows:
6.1Â Â Â Â Â Employees appointed to be
in charge of up to and including five employees as per Part B, Table 3.
6.2Â Â Â Â Â Employees appointed to be
in charge of more than five and up to and including ten employees as per
Part B, Table 3.
6.3Â Â Â Â Â Employees appointed to be
in charge of more than ten employees as per Part B, Table 3.
7. Mixed Functions
Where
an employee is engaged for more than two hours daily or per shift on higher
duties, including duties entitling them to a leading hand allowance, they will
be entitled to a higher duties allowance or rate allowance for the whole of
such day or shift.
If
the higher duties are undertaken for two hours or less during
one day, payment at the higher rate will apply only to hours worked. If an employee is required to act as leading
hand at the commencement of a day or shift, they will be paid the appropriate
allowance for the whole of such day or shift.
8. Excess Fares and Travelling Time
8.1Â Â Â Â Â An allowance specified in Part B, Table 3,
will be paid by employers to employees to compensate for excess fares and
travelling time to and from places of work:
8.1.1Â Â the above stated allowance will not be
payable if the employer provides or offers to provide transport free of charge
to the employees in which case the allowance rate specified in Part B, Table 3,
will be paid.
8.1.2Â Â An employee is still entitled to the
allowance, subject to the foregoing provisions if instead of using public
transport they have used other means of travel or walked to their places of
work.
8.1.3Â Â Entitlement to an allowance under the
provisions of this subclause applies only when tradespeople work away from
their regular place of employment.
8.2Â Â Â Â Â Allowances specified in Part B, Table 3,
clause will be paid to first year apprentices (or probationers) and to 2nd,
3rd, 4th and 5th year apprentices to compensate for excess fares and travelling
to and from work.
8.2.1Â Â The above stated allowance will not be
payable if the employing Authority provides or offers to provide transport free
of charge to the apprentices in which case the allowance rates specified in
Part B, Table 3, will be paid.
8.2.2Â Â An apprentice is still entitled to the
allowance, subject to the foregoing provisions if instead of using public
transport they use other means of travel or walk to their places of work.
The provisions of this subclause apply to an
apprentice only when working away from his/her regular place of employment
and/or workshop.
8.3Â Â Â Â Â An employee who is required by their
employer to work at a job away from their accustomed workshop will report for
work at the job at their usual starting time. For each day spent on such work,
employees will be entitled to an allowance as set out in Part B Table 3 and at
Item 52 for apprentices. Where the travel time and fares are in
excess of those normally incurred in travelling to their customary
workshop, they will be paid an allowance for the excess travel time and fares
as set out in Part B, Table 3.
If the employee receives approval from their
employer to use their own means of transport to and from outside jobs, they are
entitled to payment of excess fares based on public transport rates, unless
they have an arrangement with their employer for a regular allowance.
8.4Â Â Â Â Â If an employee is sent during working
hours to undertake work at one or more different sites to their usual
workplace, the employer will, in addition to the amount they are liable to pay
under subclauses 8.1 and/or 8.2 of this clause, pay all travelling time and
fares incurred,
8.5Â Â Â Â Â Electricians and/or electrical apprentices
will be paid in accordance with the fares and travelling allowances prescribed
from time to time, by the Electricians, &c. (State) Award published 14
March 2008 (365 I.G. 181), as varied.
8.6Â Â Â Â Â Except as provided by subclause 8.4 of
this clause, this clause will not apply to employees of Transport for NSW or
the Department of Primary Industry and Regional Development. Employees of these organisations will be paid
the rates in respect of fares and travelling time as provided by the General
Construction and Maintenance, Civil and Mechanical Engineering &c. (State)
Award public sector rates within the (Crown Employees Wages Staff (Rates of
Pay) Award 2024.
9. Overtime
9.1Â Â Â Â Â Overtime will be payable for all time
worked outside the ordinary hours prescribed in clause 2 for any one day,
including accrued time. The rates of pay
will be time and a half for the first two hours and double time thereafter,
such double time to continue until the completion of the overtime work.
Except as provided in this subclause or
subclause 9.2 of this clause, in computing overtime each day's work will stand
alone.
9.2Â Â Â Â Â Rest Period after Overtime:Â Following completion of overtime, an employee
will either;
(a)Â Â Â Â Â Â Be released from resuming ordinary duty
for a period of 10 consecutive hours.Â
This number of hours does not include time spent travelling; or,
(b)Â Â Â Â Â Â If required to resume or continue working
without having had a break of ten (10) consecutive hours, excluding travel,
will be paid at the rate of double time until such a break is given. This break
will be granted without loss of pay for ordinary working time occurring during
such absence.
(c)Â Â Â Â Â Â In the case of shift workers, the
provisions of this subclause will apply as if eight hours were substituted for
ten hours when overtime is worked: -
9.2.1Â Â for the purpose of changing shift rosters; or
9.2.2Â Â where a shift worker does not report for duty
and a day worker or a shift worker is required to replace such shift worker; or
9.2.3Â Â where a shift is worked by arrangement
between the employees themselves.
9.3Â Â Â Â Â Call Back:
9.3.1Â Â An employee recalled to
work overtime after leaving their employer's business premises (whether
notified before or after leaving the premises) will be paid for a minimum of
four hours' work at the appropriate rate for each time recalled. In the case of
unforeseen circumstances arising, the employee will not be required to work the
full four hours if the job their was recalled to perform is completed within a shorter period. This
subclause does not apply:
(a)Â Â Â Â Â Â in cases where it is customary for an
employee to return to his/her employer's premises to perform a specific job
outside his/her ordinary working hours or
(b)Â Â Â Â Â Â where the overtime is continuous (subject
to a reasonable meal break) with the completion or commencement of ordinary
working time.
9.3.2Â Â Overtime worked in the circumstances
specified in this subclause will not be regarded as overtime for the purposes
of subclause 9.2 of this clause, where the actual time worked is less than
three hours on such recall or on each of such recalls.
9.3.3Â Â If an employee is required to work in excess of four hours, he/she will be paid a meal
allowance specified in Item 55 of Part B, Table 3, for each subsequent meal.
The employee will be allowed a crib time of 20 minutes without deduction of pay
at the end of each four hours' work, provided work is to continue after the said period of four hours.
9.4Â Â Â Â Â Saturday Work - Five Day Week:
A day worker on a five day
week who is required to work on a Saturday will be paid for not less than four
hours' work, except where such overtime is continuous with overtime commenced
the previous day. All work performed in the afternoon will be paid for at
double time rates. Tea Breaks will be allowed in accordance with subclause 2.2
of clause 2, Hours - Day Workers, of this Award.
9.5Â Â Â Â Â Standing By:
An employee required to hold themself in
readiness to work after ordinary hours will, until released, be paid
standing-by time at ordinary rates from the time he/she is advised of the
requirement to stand by. This is subject to any custom now prevailing under
which an employee is required regularly to hold themself in readiness for a
call back,
9.6Â Â Â Â Â Meal Hours - General:
Except as provided in subclause 9.7 of this
clause, work done during meal hours thereafter until a meal-hour break is
allowed will be paid for at double time rates.Â
An employee will not be compelled to work for more than six hours
without a break for a meal.
9.7Â Â Â Â Â Meal Hours - Maintenance Employees,
Concrete Pours etc.
9.7.1Â Â Where breakdowns of plant occur or routine
maintenance of plant can only be done while such plant is idle, an employee
employed as a regular maintenance person will, whenever instructed to do so,
work during meal breaks at the ordinary rates prescribed herein. This will be subject to the provisions of
subclause 9.6 of this clause.
9.7.2Â Â Where, for special reasons, it is necessary
to alter the time of the recognised meal hours for the purpose of finishing the
pouring of concrete, hot mix, etc. or where work is affected by tides, the
employer may alter the lunch break either forward or backward by one hour.
9.8Â Â Â Â Â Tea Money:
An employee required to work overtime for
one and a half hours or more without being notified on the previous day or
earlier of such requirement will be supplied with a meal by the employer or
paid the allowance rate specified in Item 56 of Part B, Table 3. After the completion of each four hours on
continuous overtime the employee will be paid the allowance rate specified in
Item 56 of Part B, Table 3 for each subsequent meal in addition to his/her
overtime payment. Such payment need not
be made to employees living in the same locality as their place of work who can
reasonably return home for meals.
9.9Â Â Â Â Â Transport of Employees:
An employer will provide transport for an
employee who finishes overtime work or a shift not part of their regular
roster, at a time when reasonable means of transport are not available. If transport is not provided the employee
will be paid at their current rate for the time reasonably occupied in reaching
their home. This subclause will not
apply to an employee who uses their own vehicle to travel to and from their
place of work).
9.10Â Â Â Compulsory Overtime:
An employer may direct any employee to work
reasonable overtime at overtime rates provided it is reasonable for the
employee to be required to do so. An
employee may refuse to work overtime in circumstances where the working of such
overtime would result in the employee working unreasonable hours. In determining what is unreasonable, the
following factors will be taken into account:
(a)      the employee’s prior commitments outside
the workplace, particularly the employee’s family and carer responsibilities,
community obligations or study arrangements,
(b)      any risk to employee’s health and safety,
(c)Â Â Â Â Â Â the urgency of the work required to be
performed during overtime, the impact on the operational commitments of the
organisation and the effect on client services,
(d)Â Â Â Â Â Â the notice (if any) given by the employer
regarding the working of the overtime, and by the employee of their intention
to refuse overtime, or
(e)Â Â Â Â Â Â any other relevant matter.
9.11Â Â Â Cribs:
9.11.1 An employee who is required to work overtime
for two hours or more after the normal ceasing time will be allowed, at the
expiration of the said two hours, 30 minutes for a meal or crib and thereafter
a similar time allowance after every four hours of overtime worked. Time for meals or crib through overtime
periods will be allowed without loss of pay, provided that
overtime work continues after such break.Â
For the purposes of this paragraph "normal ceasing time" is at
the end of ordinary hours inclusive of time worked for accrual purposes as
prescribed in clause 2, Hours, Day Workers and clause 10, Shift Work, of this
award.
9.11.2 Where overtime is worked on a Saturday, if work
continues after 12 noon, a break for a meal of 30 minutes will be allowed
between 12 noon and 1 pm without loss of pay.
9.12Â Â Â Limitation of Overtime:
No employee, including a night shift worker,
will work for more than 16 hours' overtime in any week excepting in the case of
extreme urgency such as urgent repairs or delay causing unemployment.
9.13Â Â Â Availability Allowance - Roads and Maritime
Services (RMS)
9.13.1 Notwithstanding the provisions of subclause 9.5
of this clause, an electrical tradesperson employed by the RMS who is rostered
to be available in connection with emergency repairs to toll collection
equipment will be paid a daily availability allowance of three hours at
ordinary rates of pay for each week night (Monday to Friday) (excluding public
holidays) the employee is available between normal ceasing time and commencing
time on each day.
9.13.2 An employee rostered to be available in
connection with emergency repairs to toll collection equipment on a Saturday,
Sunday and Public Holidays from 6.00 am Saturday to 6.00 am Sunday and 6.00 am
Sunday to 6.00 am Monday and the same hours on a Public Holiday will be paid
7.6 hours pay at ordinary rates for each twenty-four hours he is actually available.
9.13.3 The allowance set out in paragraphs 9.13.1 and
9.13.2 of this subclause, will be in compensation for
the employee being available for the periods between normal ceasing time and
normal commencing time during week days and for being
available for twenty-four hours on each Saturday, Sunday or Public Holidays, to
answer emergency calls from the toll collection centres.
9.13.4 Any overtime worked on a call-out during the
time covered by the rostered period will be paid for in accordance with
subclause 9.3 of this clause.
10. Shift Work
PART
A
OTHER THAN
CONSTRUCTION WORK
(a)Â Â Â Â Â Â Definitions
10.1Â Â Â For the purpose of this clause
10.1.1 "Afternoon Shift" means any shift
finishing after 6 pm and at or before midnight.
10.1.2 "Continuous Work" means work carried
on with consecutive shifts of employees throughout the twenty-four hours of
each of at least six consecutive days without interruption, except during
breakdowns or meal breaks or due to unavoidable causes beyond the control of
the employer.
10.1.3 "Night Shift" means any shift
finishing subsequent to midnight and at or before 8
am.
10.1.4 "Rostered Shift", means a shift of
which the employee concerned has had at least forty-eight hours' notice.
(b)Â Â Â Â Â Â Hours - General
10.2Â Â Â Employees on shift work will accrue 0.4 of
an hour for each eight hour
shift worked to allow one complete shift to be taken off as a paid shift for
every 20 shift cycle.Â
This 20th shift will be paid for at the appropriate shift rate as
prescribed by this clause.
10.3Â Â Â Paid leave taken during any cycle of four
weeks and public holidays as prescribed by Clause 11, Holidays and Sunday Work,
of this award will be regarded as shifts worked for accrual purposes.
10.4Â Â Â Except as provided above, employees not
working a complete four week cycle will be paid
accrued pro-rate accrued entitlements for each shift worked on the programmed
shift off, or in the case of termination of employment on termination.
10.5Â Â Â The employer and employees will agree in
writing upon arrangements for rostered paid days off during the 20 day cycle or for accumulation of accrued days to be taken
at or before the end of the particular contract. This accumulation will be limited to no more
than 5 days before they are taken as paid days off. When taken, the days will
be regarded as days worked for accrual purposes in the particular
20 shift cycle.
10.6Â Â Â Where an employer, for emergency reasons
requires an employee to work on his/her rostered day off, the terms and
conditions prescribed in clause 2 Hours - Day Workers, of this award will
apply.
Hours
(a)Â Â Â Â Â Â Continuous Work Shifts And
(b)Â Â Â Â Â Â Other Than
Continuous Work Shifts
Hours
- Continuous Work Shifts
10.7Â Â Â This subclause will apply to shift workers
on continuous work as defined in clause 10.1.
10.7.1 The ordinary hours of such shift workers will
not exceed -
(a)Â Â Â Â Â Â eight in any one day; nor
(b)Â Â Â Â Â Â forty-eight in any one week; nor
(c)Â Â Â Â Â Â eighty-eight in fourteen consecutive
days; nor
(d)Â Â Â Â Â Â one hundred and fifty
two in twenty-eight consecutive days.
10.7.2 Subject to the following conditions such shift
workers will work at such times as the employer may require:
a shift will consist of not more than eight
hours, inclusive of crib time;
Hours - Other than Continuous Work
10.8Â Â Â This subclause will apply to shift workers
not upon continuous work as defined. The ordinary hours of such shift workers
will not exceed -
10.8.1 forty in any week to be worked in five shifts
of eight hours on Monday to Friday, inclusive; or
10.8.2 eighty in fourteen consecutive days in which
case an employee will not, without payment for overtime, be required to work
more than eight consecutive hours on any shift or more than six shifts in any week;
10.8.3 one hundred and twenty-one consecutive days in
which case an employee will not, without payment of overtime, be required to
work more than eight consecutive hours on any shift or more than six shifts in
any week.
Such ordinary hours will be worked
continuously except for meal breaks at the discretion of the employer. An
employee will not be required to work for more than six hours without a break
for a meal.
10.8.4 Rosters
Shift rosters will specify the commencing
and finishing times of ordinary working hours of the respective shifts.
10.8.5 Variation by Agreement
The method of working shifts may in any case
be varied by agreement between the employer and the accredited representative
of the Union to suit the circumstances of the establishment.
Determined commencing and finishing times of
shifts may be varied by agreement between the employer and the accredited
representative of the Union to suit the circumstances of the
establishment. In the absence of agreement,
variation can occur by the employer giving seven days' notice of alteration to
the employee.
10.8.6 Afternoon or Night Shift Allowances
Shift workers whilst on afternoon or night
shifts will be paid 15 per cent more than the ordinary rate for such shifts.
Shift workers who work on any afternoon or
night shift which does not continue for at least five successive afternoons or
nights will be paid at the rate of time and a half for the first three hours
and double time thereafter.
An employee who -
(i)Â Â Â Â Â Â Â during a
period of engagement on shifts, works night shift only; or
(ii)Â Â Â Â Â remains on night shift for a longer period
than four consecutive weeks; or
(iii)Â Â Â Â works on a night shift which does not
rotate or alternate with another shift or with day work so as
to give them at least one-third of their working time off night shift in
each shift cycle;
will during such engagement, period or cycle
be paid 30 per centum more than their ordinary rate for all time worked
ordinary working hours on such night shifts.
10.8.7 Saturdays
The minimum rate to be paid to any shift
worker for work performed between midnight on Friday and midnight on Saturday
will be time and a half. Such extra rate will be in substitution for and not
cumulative upon the shift premiums prescribed in the first and second
paragraphs of subclause 10.8.6 of this clause.
10.8.8 Overtime
An employer may require any employee to work
reasonable overtime at overtime rates and such
employee will work in accordance with such requirement.
10.8.9 Sundays and Holidays
(i)Â Â Â Â Â Â Â Shift
workers on continuous shifts for work on a rostered shift the major portion of
which is performed on a Sunday will be paid at the rate of time and three
quarters. Shift workers on continuous shifts for work on a rostered shift the
major portion of which is performed on a public holiday will be paid at the
rate of double time and one half.
(ii)Â Â Â Â Â Shift workers on other than continuous
work for all time worked on a Sunday or holiday will be paid at the rates
prescribed by clause 11, Holidays and Sunday Work, of this award. Where shifts commence between 11 pm and
midnight on a Sunday or a holiday the time so worked before midnight will not
entitle the employee to the Sunday or holiday rate. The time worked by an employee on a shift
commencing before midnight on a Saturday or preceding a holiday and extending
into a Sunday or holiday will be regarded as time worked on such Sunday or
holiday.
Where the major portion of shifts fall
partly on a holiday, that shift will be regarded as the holiday shift.
10.8.10Â Â Â Â Â Â Â Â Â Â Seven
Day Shift Workers - A seven day or continuous shift worker is a shift worker
who is rostered to work regularly on Sundays and holidays. When their rostered day off falls on a public
holiday prescribed by this clause, they will, at the discretion of the
employer, be paid for that day at the ordinary rate or have an additional day
added to their annual leave. This
subclause will not apply when the holiday on which they are rostered off falls
on a Saturday or Sunday.
PART B
CONSTRUCTION WORK
10.9Â Â Â Notwithstanding the foregoing provisions of
this clause, the terms and conditions prescribed by the General Construction
and Maintenance Civil and Mechanical Engineering &c. (State) Award may
apply in lieu for employees carrying out shift work in
the following circumstances:
(a)Â Â Â Â Â Â whenever it may be found necessary in the
erection, alteration, renovation or demolition of buildings or on work in
connection with the construction
(b)Â Â Â Â Â Â and/or maintenance of water supply and
sewerage works, roads, bridges, water conservation and irrigation works or harbour and reclamation and irrigation works to
work wholly by night or in a two or three shift system.
10.10Â An employee employed for less than five
continuous shifts in any working week will be paid in accordance with clause 9,
Overtime, of this award. Where an
employee is employed on night shift for more than one week continuously and the
job finishes mid-week, the employer may terminate the engagement. In this instance the employee will be paid
the current shift rate for time actually worked. In
cases where due to the action of the employee, less than a full week is worked,
the employee is paid for the actual time worked at ordinary night shift rates.
11. Holidays and Sunday Work
11.1Â Â Â Employees will be entitled to the following
public holidays without loss of pay:Â New
Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Queen's
Birthday, Labour Day, Anzac Day, Christmas Day, Boxing Day, and all other
gazetted holidays proclaimed to operate throughout the State.
11.2Â Â Â Except as provided in paragraph 10.8.9,
Sundays and Holidays, of Part A, Other than Construction Work, of clause 10,
Shift Work, of this award, an employee not engaged on continuous work will be
paid at the rate of double time for work done on Sundays, such double time to
continue until he is relieved from duty, and double time and one half for work
done on public holidays, such double time and one half to continue until he is
relieved from duty.
11.3Â Â Â An employee not engaged on continuous work
who works on a Sunday or a public holiday and (except for meal breaks)
immediately thereafter continues such work, will on being relieved from duty be
entitled to be absent until he has had ten consecutive hours off duty. The 10 hour break
will be without deduction of pay for ordinary time of duty occurring during
such absence.
11.4Â Â Â An employee, other than on shift, who
attends for work as required on a Sunday or public holiday will be paid for not
less than four hours' work.
11.5Â Â Â Where an employee is absent from their
employment on the working day before or the working day after a public holiday
without reasonable excuse or without the consent of the employer, they will not
be entitled to payment for such holiday.
Where public holidays fall on successive
days an employee will be entitled to payment for the holiday closest to the
said day if they have worked on either the day preceding or the day after such
holiday but not on both. No payment will
be made if the employee has ceased work without permission on either of the
said days.
11.6Â Â Â Where an employee, other than a shift
worker, is required to work after 12 noon on a Sunday or holiday, the employee
will be allowed a meal break of 30 minutes between 12 noon and 1 pm for a crib
without loss of pay.
11.7Â Â Â The provisions of clause 2, Hours - Day
Workers, of this award will apply to employees working on Sundays and Holidays.
11.8Â Â Â Where an additional or substitute public
holiday is proclaimed by Order in Council or otherwise gazetted by authority of
the Australian or a State Government under any Act throughout any State or part
thereof, such day will, within the defined locality, be deemed to be a holiday
for the purposes of this Award. An
employee will not be entitled to the benefit of more than one holiday upon such
occasion.
12. Payment of Wages
12.1Â Â Â Wages will be paid fortnightly. For the purpose of any increase to the wages, the wages will
be made up on a weekly basis.
12.2Â Â Â Wages will be paid into a bank or other
account, except in isolated areas where payment will be made by cheque.
12.3Â Â Â The employer will not keep more than 3 days pay in hand.
12.4Â Â Â Upon termination of the employment wages
will be paid according to the usual method no later than the next working
day. Where an employee is summarily
dismissed, as provided for in clause 13, Contract of Employment, of this award,
the employer will make payment according to the usual method, within 48 hours
of dismissal.
13. Contract of Employment
13.1Â Â Â Weekly Employment
Except as provided for in this clause,
employment will be by the week.
13.2Â Â Â Employment will be terminated by a week's
notice on either side given at any time during the week or by the payment or
forfeiture of a week's wages as the case may be. This will not affect the right of the
employer to dismiss any employee without notice for malingering, inefficiency,
neglect of duty or misconduct. In such
cases wages will be paid only up to the time of dismissal.
13.3Â Â Â Payment will be deducted for any day the
employee cannot be usefully employed because of any strike or through any
breakdown in machinery or any stoppage of work by any cause for which the
employer cannot reasonably be held responsible.Â
This is not including time lost for wet weather. Where an employee has given or been given
notice in line with subclause 13.2, employment is continued until the date of
the expiration of such notice, except by agreement between the parties.
An employee who has given or been given
notice in line with subclause 13.2, must provide a reasonable explanation for
any absences during the period of notice.Â
Proof of the reason for such absence must be able to be provided by the
employee. If no proof is provided, the
employee will be deemed to have abandoned their employment and will not be
entitled to payment for work done within the period of notice.
13.4Â Â Â An employee (other than an employee who has
given or received notice in accordance with subclause 13.2,
of this clause) not attending for duty will, except as provided by clause 11,
Holidays and Sunday Work, of this award, will receive no payment for the actual
time of such non-attendance.
13.5Â Â Â During the first week of employment, an
employee's services may be terminated by the giving of one hour's notice on
either side.
13.6Â Â Â Late Comers: Notwithstanding anything
elsewhere contained in this award, employees who report for duty after their
appointed starting time or stop work before their appointed finishing time may
have their wages adjusted by a fraction or decimal proportion of an hour (not
exceeding a quarter of an hour). This
subclause does not apply where an employee has a legitimate reason for coming
late or leaving early and promptly advises the employer of such. An employer
who adopts a proportion for the purposes of this clause will apply the same
proportion for the calculation of overtime.
13A. School Based Apprentices
(a)Â Â Â Â Â Â Definition
A school-based apprentice is an employee who
is undertaking an apprenticeship under a training contract while also enrolled
in the Higher School Certificate.
(b)Â Â Â Â Â Â Wages
(i)Â Â Â Â Â Â Â The hourly
rates for full time apprentices as set out in this Award will apply to
school-based apprentices for total hours worked including time deemed to be
spent in off-the-job training.
(ii)Â Â Â Â Â Â For the purposes of paragraph (i) of this subclause, where a school-based apprentice is a
full-time school student, the time spent in off the job training for which the
school-based apprentice is paid is deemed to be 25 per cent of the actual hours
worked on the job each week.
(iii)Â Â Â Â The wages paid for training time may be
averaged over the school term or year.
(iv)Â Â Â Â Â Where this Award specifies a weekly rate
for full time apprentices, the hourly rate will be calculated by dividing the
applicable weekly rate by 38.
(c)Â Â Â Â Â Â Progression through the Wage Structure
(i)Â Â Â Â Â Â Â School-based
apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice.
(ii)Â Â Â Â Â Â The rates of pay are based on a standard
apprenticeship of four years. The rate of progression reflects the average rate
of skill acquisition expected from the typical combination of work and training
for a school-based apprentice undertaking the applicable apprenticeship.
(d)Â Â Â Â Â Â Conversion from a school-based apprentice
to a full-time apprenticeship
Where an apprentice converts from a school
based to a full-time apprenticeship, all time spent as a full-time apprentice
counts for the purpose of progression through the wage scale set out in this
Award. This progression applies in addition to the progression achieved as a
school-based apprentice.
(e)Â Â Â Â Â Â Conditions of Employment
Except as provided by this clause,
school-based apprentices are entitled to pro rata entitlements of all other
conditions of employment contained in this Award.
14. Distant Work
14.1Â Â Â Distant work is defined as work that
requires employees to live away from their usual place of residence. An applicant for a position involving distant
work will provide the employer with a statement in writing of their usual place
of residence. If the employee, whilst
employed on distant work changes their usual place of residence one or more
times, determination of whether the work can still be defined as distant work
is based on the location of the new place of residence. The employee must
inform the employer in writing of any change to their usual place of residence.
This clause will not apply to an employee
who, after four weeks employment is appointed to work as a regular employee at
a permanent workshop, while they are employed at such a workshop.
14.2Â Â Â An employee who is engaged on distant work
will be transported, with tools, to and from the work location once per day at
the employer’s expense. If the employee
is called back to the work site after finishing their daily duties, they again
will be transported to and from the worksite at the employer’s expense for each
occurrence.
14.3Â Â Â Return fares and travelling time need not be
paid to an employee who:
(a)Â Â Â Â Â Â leaves their employment of their own free
will; or
(b)Â Â Â Â Â Â is discharged for misconduct
before completion of three months employment
or before the job is completed, whichever occurs first; or is discharged for
incompetence within one week of engagement.
14.4Â Â Â Time occupied in travelling to and from
distant work will be paid for at ordinary rates. No employee will be paid more than an
ordinary day’s wages for any day spent in travelling unless they are on the
same day occupied in working for an employer.Â
An allowance to cover any expenses incurred in reaching home and for
transporting tools is set out in Item 57 of Part B, Table 3.
14.5
14.5.1 On distant work reasonable board and lodging
will be provided by the employer or a weekly (7 day) allowance as set out in
Item 58 of Part B, Table 3. This
allowance will not be wages. In the case
of broken parts of the week occurring at the beginning or the ending of the
employment on a distant job, the allowance per day will be as set out in Item
58 of Part B, Table 3.
14.5.2 The foregoing allowances may be increased if an
employee can satisfy an employer that they reasonably incurred greater expenses
than those covered by such allowances.Â
In the event of disagreement, the Dispute Resolution procedures
contained in clause 28 of the reviewed award should be utilised. This does not preclude the matter being
referred to the Industrial Relations Commission of New South Wales.
14.5.3 Reasonable board and lodging will mean lodging
in a well-kept establishment with adequate furnishing, good bedding and floor
coverings, good lighting and heating with hot and cold running water, in either
a single room or twin room if a single room is not available.
14.6Â Â Â Where an employee is required to camp either
by direction of the employer or because no reasonable transport facilities are
available for the employee to proceed to and from their home each day,
subclauses 14.5.1, 14.5.2 and 14.5.3 of this clause will not apply to the
following:
Employees in respect of the following work:
Construction and/or maintenance of water
supply and sewerage works; roads, bridges, water conservation and irrigation works, harbour and reclamation works
or forest works.
For such employees, the employer will
provide a camp with accommodation in single cubicles, not less than 14 cubic
metres in size. Each cubicle will be
fitted with a bed with mattress. Each
cubicle will have a timber floor covering, be fitted with a door and a moveable
window of reasonable size, with wire screen covering. The cubicle will be furnished with a table or
suitable substitute, a seat and a wardrobe. Each cubicle will be ceiled and lined and artificial lighting provided. If reasonably required, the employer will
provide a suitable heating appliance for each cubicle.
Provision will be made in the camp for
suitable washing facilities; including hot and cold showers, provided that an
adequate water supply is available.Â
Employees will also be provided with sufficient facilities to wash their
clothes. Sanitary conveniences will be
adequate, sewered where reasonably practicable and situated within reasonable
distance from the living quarters. The
conveniences will have adequate access by properly lighted paths. Effluent from kitchen, laundry and showers
should be dispersed in such a way as to avoid any health risk. A veranda will be constructed in front of
each room, except where corridor-type barracks are provided.
The employer shall provide a qualified cook
for a camp of ten or more. Where the camp is ten or less the employer shall
provide reimbursement for food purchased by the employees for their own use or
will reimburse each employees member for meals
consumed in the nearest recognised centre. In camps over 30 people the employer
shall employ a camp attendant, and in all other camps the employer shall
provide labour, for the purpose of maintaining the camp in a clean and hygienic
condition.
Where the circumstances so require, the
employer may, as an alternative provide caravans for employees. The caravans should contain as far as
practicable, amenities at least equal to those specified above.
An employee who is required to camp has an
entitlement to a daily allowance as specified in Item 59 of Table 3 for each
day they remain in camp. The allowance is not paid for any working day the
employee is absent from duty, except in such cases of sickness or for any
reason beyond the employee’s control.
Leave is reserved to the employers to apply
in respect of the standards of accommodation under this subclause.
14.7Â Â Â Employees who wish to return home for the
weekends will be paid an allowance at the rate shown in Item 60 of Part B,
Table 3 on each occasion they return home provided they:
(i)Â Â Â Â Â Â Â work as
required during the ordinary working hours, and
(ii)Â Â Â Â Â Â work on the working day both before and
after a weekend, and
(iii)Â Â Â Â notify the employer no later than the
Tuesday of each week, and
(iv)Â Â Â Â Â return home for the weekend.
Employees in receipt of this allowance will
not be entitled to payment of the camping allowance prescribed in subclause
14.6 of this clause, for the day or days on which they are absent.
14.7.1 This subclause will not apply to an employee
who is receiving the allowance rate specified in Item 57 of Part B, Table 3, in
lieu of board and lodging being provided by the employer.
14.7.2 An employee will be deemed to have returned
home at the weekend only if this involves the employee in being absent from his
accommodation for not less than half the hours between ceasing work in the one
week and commencing work in the next week.
14.8Â Â Â The provisions of this clause will apply
wherever the employee is engaged.
14.9Â Â Â Where an employee is engaged upon distant
jobs and is required to reside elsewhere than on the site of the job they will be paid the fares and travelling time
allowance prescribed by clause 8, Excess Fares and Travelling Time, of this
award.
14.10Â An employee on distant work may return to
their home at a weekend after three months' continuous service and thereafter
at three monthly intervals. The employee
will be paid the fares reasonably incurred in so travelling to their home and
to the place of work. If the work upon
which the employee is engaged will be completed within twenty-eight days after
the expiration of any such period of three months, then the provisions of this
subclause will not apply.
14.11Â If any employer and employee engaged on
distant work agree in writing and subject to the procedure outlined in
subclause 2.1 of clause 2, Hours-Day Workers, of this award, the employee may
take a paid rostered day off as prescribed in that subclause, at a mutually
agreed time. The agreement will only
provide for a paid day or days off work up to a maximum accrual of five days.
15. Chokages
15.1Â Â Â If an employee is employed upon any chokage and is required to;
(i)Â Â Â Â Â Â Â open up any soil pipe, waste pipe, drain
pipe or pump conveying offensive material
(ii)Â Â Â Â Â Â or a scupper containing sewerage
(iii)Â Â Â Â or required to work in a septic tank in
operation
the employee will be paid the allowance rate
specified in Item 47 of Part B, Table 3 per day or part of a day thereof.
15.2Â Â Â Fouled Equipment
An employee who is required to work on any
pipeline or equipment containing body fluids or body waste and encounters same,
will be paid the allowance rate specified in Item 48 of Part B, Table 3. This
allowance will not apply in circumstances where subclause 15.1 of this clause
would normally be paid.
16. Special Conditions
16.1Â Â Â Employees engaged in installing brine or
ammonia pipes or repairs to same who have their clothing or boots destroyed or
damaged will be reimbursed the amount of damage sustained.
16.2Â Â Â All rope and gear will be of sound material,
used or stored in such a way that it does not come in contact
with sharp edges, acids or acid fumes. At all times the Work Health and Safety Act 2011 and Work
Health and Safety Regulation 2011, will be complied with.
16.3Â Â Â Employees working in battery rooms or like
places where acids or caustic soda are stored or used will be provided with
gloves, overalls and rubber boots. These are to be periodically disinfected in
accordance with the requirements of the NSW Health for disinfecting clothing
while in use and before being issued to another person.
16.4Â Â Â The employer will provide a suitable gas
mask at the place of work when the employee is required to work on a live gas
service.
17. Hygiene and Safety First- Aid Kit
17.1Â Â Â The employer will provide at the place of
work and continuously maintain an efficient first-aid kit and appliances in
line with the provisions of the Work
Health and Safety Act 2011 and Work Health and Safety Regulation 2011.
17.2Â Â Â In the event of any serious accident
happening to any employee whilst at work or going to or from the camp, the
employer will, at their expense, provide transport facilities to the nearest
hospital or doctor.
17.3Â Â Â At a place of work where 50 or more persons
are employed the employer will provide a stretcher and, where practicable,
include amongst the employees a qualified first-aid person. Where an employee
is a qualified first-aid person and is employed to carry out the duties of a
qualified first-aid person, they will be paid an additional daily rate as set
out in Item 49 of Table 3.
18. Conveniences
18.1Â Â Â The employer will provide at the place of
work sanitary conveniences in accordance with the requirements of the local
health authority providing that such conveniences will at least measure up to
the following minimum standard:
They will be at least 1.066 metres wide and
1.371 metres long and 2.34 metres high internal measurement and will have a
hinge door capable of being fastened both inside and on the outside.
The walls and roof and door will be of
weatherproof material and will be so constructed as to ensure privacy.
Each convenience will be provided with a
suitable receptacle for, and an adequate supply of, deodorising or
fly-repellent material, blue oil or kerosene or phenol. It will also be provided with a means for
disposing of sanitary items.
A fly-proof cover and seat will be provided
should sewerage not be accessible or connected to the toilet or convenience:
The ratio of such accommodation will be one convenience to eight employees or
part of eight employees.
18.2Â Â Â The employer will provide at the place of
work a suitable and secure weatherproof lock-up solely for the purpose of
storing employees' tools. Where tools
are stolen because no lock-up has been provided, the employee will be
compensated to the extent of their loss.
18.3Â Â Â Where a total of fifteen tradespeople are working on site, whether employed under this award or
otherwise, and the job has been or will be of two months' duration or longer,
the employer will provide for employees at the work site weatherproof
accommodation for changing clothes. This
accommodation will be not less than .84 square metres to each employee.
18.4Â Â Â At permanent places of work, the employer
will provide weather and dust proof accommodation for dressing, and lockers
securely fixed with suitable locks, solely for the use of their employees.
18.5Â Â Â At meal times and
rest periods, boiling water will be provided by the employer at a location that
is reasonably accessible to employees.
18.6Â Â Â The employer will provide for employees an
adequate supply of cool and wholesome drinking water.
19. Piecework
19.1Â Â Â Piecework is prohibited.
19.2Â Â Â No employee will execute any work for profit
or reward except at the rates and under the conditions prescribed by this
award.
20. Damage to Clothing or Tools
An
employee whose clothing or tools are spoiled by acids or sulphur or other
deleterious substance due to the circumstances of their employment will be
recompensed by their employer to the extent of their loss.
21. Sharpening Tools
21.1Â Â Â The employer will provide at the place of
work a suitable sand grindstone or a carborundum stone for the use of
carpenters and/or bridge and wharf carpenters.
21.2Â Â Â Where such a grindstone or carborundum stone
is not driven by mechanical power, the employer will provide
assistance in turning the grindstone or carborundum stone.
21.3Â Â Â Saw sharpening and tool grinding may be done
by the employee during the progress of work.
21.4Â Â Â Where the provisions of subclauses 21.1 and
21.2 of this clause are not observed by the employer, the employer will pay for
or provide for grinding of the tools.
21.5Â Â Â Bridge and Wharf Carpenters and/or
Shipwright Boat Builder will be supplied with saw files.
22. Special Tools and Clothing
22.1Â Â Â The employer will provide the following
tools and protective clothing when they are required for the work to be
performed by the employees:
22.1.1 Bricklayers: Scutch combs, hammers (excepting
mash and brick hammers), rubber mallets and T squares.
22.1.2 Carpenters: Dogs and cramps of all
descriptions, bars of all descriptions over 61 cm. long, augers, of all sizes,
star bits and bits not ordinarily used in a brace, hammers (except claw hammers
and tack hammers), glue pots and glue brushes, dowel plates, trammels, hand
thumb screws, and soldering irons.
22.1.3 Plasterers will be provided with overalls when
required to brush on to walls and ceilings bondcrete,
plaster weld or similar substances. The approved grass brush to perform the
work prescribed in this subclause will be provided by the employer.
22.1.4 Plumber: Metal pots, mandrills, long dummies,
stock and dies for iron, copper and brass pipes, cutters, tongs, vices, taps
and drills, ratchets, files, cramps caulking tools, hacksaw and blades, welding
and brazing outfits, goggles where necessary and liquid petroleum gas equipment
where necessary, and all shop tools, the usual kit bag of tools only to be
supplied by the employee.
22.1.5 Shipwright-Boat builder: Beetles, horse irons,
cramps, pitch ladles, mops, drift bolts, spanners, stripping bars and punches,
all augers 32 mm and over, dowelling bits, plumbs and levels and boring tools
for power machines.
22.1.6 Sign writers to be supplied with all brushes.
22.1.7 All power tools will be provided where, in the
opinion of the employers, they are necessary.
22.2Â Â Â Where necessary, the employer will provide
overalls, boots, goggles, gloves and masks for the use of employees engaged on
the classes of work covered by subclause 4.20, of clause 4, Allowances, of this
award.
22.3Â Â Â If, in the course of their employment, an
employee is required to use any alkaline or acid based
products he will be provided with protective clothing.
22.4Â Â Â The employer will supply to employees,
rubber gloves when working on any sewerage or drainage work and protective
clothing and goggles when engaged on welding work.
22.5Â Â Â Painters. When working in cooling or
freezing chambers where the temperature is below 4 degrees Celsius, painters
will be supplied with suitable boots and a clean blanket suit properly
disinfected in accordance with the requirements of the NSW Health.
22.6Â Â Â Bricklayers.Â
A bricklayer required to work on the construction or repairs to acid
furnaces, acid stills, acid towers and all other acid resisting brickwork
and/or engaged to work on the construction or alteration or repairs to boilers,
flues, furnaces, retorts or kilns, will be supplied with gloves, boots and
overalls as set out hereunder:
22.6.1 Gloves will be supplied and will be replaced as
required, subject to employees handing in the used gloves.
22.6.2 Boots will be supplied upon request of the
bricklayer after six weeks' employment, the cost of such boots to be assessed
at a rate set out in Item 61 of Table 2 of Part B. Employees are to accrue credit at the weekly
rate set out in Item 61 of Table 2 of Part B, of this
award.
A
bricklayer leaving or being dismissed before 20 weeks' employment will pay the
difference between the credit accrued and the Item 61 rate.
The right to accrue credit will commence
from the date of request for the boots.
In the event of boots being supplied and the
bricklayer not wearing them while at work, the employer will be entitled to
deduct the cost of the boots if the failure to wear them continues after one
warning by the employer.
Upon issue of the boots the bricklayer may
be required to sign the authority form in or to effect of the Annexure to this
clause. Boots will be replaced each six months dating from the first issue.
22.6.3 Overalls will be supplied upon request of the
bricklayer and on the condition that they are worn while performing the work.
Annexure
Authority Form
|
|
,
acknowledge receipt of one (1) pair of boots provided in accordance with
|
|
the
provisions of subclause 22.6.2 of clause 22, Special Tools and Clothing of
this award.
|
Should
the full cost of the boots ($Â Â Â Â Â Â Â Â Â Â ) not be met by
accumulation of credit (at the rate of $xx  Â
per week) from ………….……… I authorise deduction from any moneys due to me
by my employer of an amount necessary to meet the difference between the credit
accrued and $xx
Signed:
Date:
23. Insurance of Tools
23.1Â Â Â The employer will insure and keep insured
against loss or damage by fire whilst on the employer's premises such tools of
the employee as are used by the employee in the course of their employment.
23.2Â Â Â An employee will be entitled to be
reimbursed by their employer for loss of tools up to a value as set out in Item
65 of Table 2, when such tools are lost by theft from a breaking and entering
outside ordinary working hours, where the tools are stored at the employer's
direction on the job.
23.3Â Â Â The employee will, if requested so to do,
furnish the employer with a list of their tools so used.
24. Exhibition of Award
An
up-to-date copy of this award will be posted and kept posted by the employer in
a prominent place on the employer’s premises that is accessible to all
employees.
25. Anti-Discrimination
25.1Â Â Â 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.Â
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
25.2Â Â Â 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.
25.3Â Â Â 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.
25.4Â Â Â Nothing in this clause is to be taken to
affect:
(a)Â Â Â Â Â Â any conduct or act which is specifically
exempted from anti-discrimination legislation;
(b)Â Â Â Â Â Â offering or providing junior rates of pay
to persons under 21 years of age;
(c)Â Â Â Â Â Â 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)Â Â Â Â Â Â a party to this award from pursuing
matters of unlawful discrimination in any State or federal jurisdiction.
25.5Â Â Â 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.
25.6Â Â Â Employers and employees may also be subject
to Commonwealth anti-discrimination legislation.
25.7Â Â Â Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any
other act or practice of a body established to propagate religion that conforms
to the doctrines of that religion or is necessary to avoid injury to the
religious susceptibilities of the adherents of that religion."
26. Carer’s Leave
26.1Â Â Â The definition of "family" and
"relative" for the purpose of this clause is the person who needs the
employee’s care and support and is referred to as the "person
concerned" and is:
(a)Â Â Â Â Â Â a spouse of the officer; or
(b)Â Â Â Â Â Â a de facto spouse, who in relation to a
person, is a person of the opposite sex to 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)Â Â Â Â Â Â a child or an adult child (including an
adopted child, a step child, a foster child or an ex nuptial) parent (including a foster parent and legal
guardian), grandparent, grandchild or sibling of the officer or spouse or de
facto spouse of the officer; or
(d)Â Â Â Â Â Â a same sex partner who lives with the
officer as the de facto partner of that officer on a bona fide domestic basis;
or
(e)Â Â Â Â Â Â a relative of the officer who is a member
of the same household, where for the purposes of this paragraph:
(i)Â Â Â Â Â Â Â 'relative'
means a person related by blood, marriage or affinity;
(ii)Â Â Â Â Â 'affinity' means a relationship that one
spouse because of marriage has to blood relatives of
the other; and
(iii)Â Â Â Â 'household' means a family group living in
the same domestic dwelling.
26.2Â Â Â Use of sick leave to care for a sick
dependant - entitlement
(a)Â Â Â Â Â Â The entitlement to use sick leave in
accordance with this clause is subject to:
(i)Â Â Â Â Â Â Â the employee
being responsible for the care and support of the person concerned, and
(ii)Â Â Â Â Â the person concerned being as defined as
above.
(b)Â Â Â Â Â Â An employee with responsibilities in
relation to a person who needs their care and support will be entitled to use
sick leave available from that year’s annual sick leave entitlement minus any
sick leave taken from that year’s entitlement to provide care and support for
such persons when they are ill.
(c)Â Â Â Â Â Â Sick leave accumulates from year to
year. In addition to the current year’s
grant of sick leave, sick leave accrued from the previous 3 years may also be
accessed by an employee with responsibilities in relation to a person who needs
their care and support.
(d)Â Â Â Â Â Â In special circumstances, the Department
Head may make a grant of additional sick leave. This grant can only be taken
from sick leave accrued prior to the period referred to in paragraph 26.2 (c).
(e)Â Â Â Â Â Â If required, a medical certificate or
statutory declaration must be made by the employee to establish the illness of
the person concerned and that the illness is such to require care by another
person.
(f)Â Â Â Â Â Â Â The employee is not required to state
the exact nature of the relevant illness on either a medical certificate or
statutory declaration and has the right to choose which of the two methods to
use in the establishment of grounds for leave.
(g)Â Â Â Â Â Â Wherever practicable, the employee will
give the Department Head prior notice of the intention to take leave, the name
of the person requiring care and that person’s relationship to the
employee. They must also give reasons
for taking such leave and the estimated length of absence. If the employee is
unable to notify the Department Head beforehand, notification should be given
by telephone at the first opportunity on the day of absence.
(h)Â Â Â Â Â Â In normal circumstances, the employee
must not take leave under this subclause where another person has taken leave
to care for the same person.
26.3Â Â Â Time Off in Lieu of Payment for Overtime
26.3.1 An employee may elect, with the consent of the
employer, to take time off in lieu of payment for overtime at a time or times
agreed with the employer within 12 months of the said election.
26.3.2 Overtime taken as time off during ordinary time
hours will be taken at the ordinary time rate, that is an hour for each hour
worked.
26.3.3 If, having elected to take time as leave in
accordance with paragraph 3.1 of this subclause, the leave is not taken for
whatever reason payment for time accrued at overtime rates will be made at the
expiry of the 12-month period or on termination.
26.3.4 Where no election is made in accordance with
the said paragraph 3.1, the employee will be paid overtime rates in accordance
with the award.
26.4Â Â Â Make-up Time
26.4.1 An employee may elect, with the consent of the
employer, to work "make-up time", under which the employee takes time
off ordinary hours, and works those hours at a later time,
during the spread of ordinary hours provided in the award, at the ordinary rate
of pay.
27. Union Delegates
An
employee appointed shop steward in the shop or department in which they are
employed will, upon notification, be recognised by the employer as an
accredited representative of the Union.Â
The union delegate will be allowed the necessary time during working
hours to interview the employer or their representative on matters affecting
the employees who are represented by the delegate.
28. Dispute Resolution
The
procedure for the resolution of grievances and industrial disputation
concerning matters arising under this award will be in accordance with the
following:
28.1Â Â Â Procedure relating to a grievance of an
individual employee:
28.1.1 The employee will notify (in writing or
otherwise) the employer as to the substance of the grievance, request a meeting
with the employer for bilateral discussions and state the remedy sought.
28.1.2 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.
28.1.3 Reasonable time limits must be allowed for
discussion at each level of authority.
28.1.4 At the conclusion of the discussion, the
employer must provide a response to the employee's grievance if the matter has
not been resolved, including reasons for not implementing any proposed remedy.
28.1.5 While a procedure is being followed, normal
work must continue. No party will be
prejudiced as to the final settlement by the continuation of work in accordance
with this subclause.
28.1.6 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.
28.2Â Â Â Procedure for a dispute between an employer
and the employees:
28.2.1 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.
28.2.2 Reasonable time limits must be allowed for
discussion at each level of authority.
28.3Â Â Â While a procedure is being followed, normal
work must continue. No party will be prejudiced as to the final settlement by
continuation of work in accordance with this subclause.
28.4Â Â Â 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.
29. Transport of Employee's Tools
When
an employee on construction or maintenance work is required to transfer from
one job to another, an employer will provide transport for the employee's tools
to the nearest public conveyance. On
termination of employment, the employer will provide transport for the
employee's tools to the nearest public conveyance except where the employee
gives notice or is dismissed for misconduct.
30. Picnic Day
30.1Â Â Â The first Monday in December of each year
will be the Union Picnic Day.
30.2Â Â Â All employees will, as far as practicable,
be given and will take this day as a picnic day at their ordinary rate of pay
including accrual for a rostered day off.Â
Any employee required to work on such day will be paid at the rate of
double time and one-half for all time worked on such day, with a minimum
payment for four hours work. An employee
who is required to work on picnic day and who fails to comply with such
requirement will not be entitled to payment for the day.
30.3Â Â Â Where an employer holds a regular picnic for
their 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 here fixed.
30.4Â Â Â This clause will apply to employees working
within the Local Government areas 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.
30.5Â Â Â In Departments to which the Government Sector Employment Act 2013
applies, employees may take a day designated by their Department Head as a
public service holiday during the period between Boxing Day and New Year’s Day
in lieu of the Picnic Day prescribed in this clause.
31. General Leave Conditions and Accident Pay
31.1Â Â Â General leave conditions and accident pay of
employees engaged by Government bodies under the provisions of the Government Sector Employment Act 2013
will be bound by the Government Sector Employment Regulation 2014.
31.2Â Â Â General leave conditions and accident pay of
employees engaged under Ministerial authority in Government and
quasi-government bodies will be regulated by the Government Uniform Leave
Conditions.
31.3Â Â Â In addition to the leave entitlements
provided in 31.1 and 31.2, the following provisions will also apply.
(a)Â Â Â Â Â Â Right to request
(i)Â Â Â Â Â Â Â An employee
entitled to parental leave may request the employer to allow the employee:
(A)Â Â Â Â Â to extend the period of simultaneous
unpaid parental leave use up to a maximum of eight weeks;
(B)Â Â Â Â Â to extend the period of unpaid parental
leave for a further continuous period of leave not exceeding 12 months;
(C)Â Â Â Â Â to return from a period of parental leave
on a part-time basis until the child reaches school age;
to assist the employee in reconciling work
and parental responsibilities.
(ii)Â Â Â Â Â The employer will consider the request
having regard to the employee’s circumstances and, provided the request is
genuinely based on the employee’s parental responsibilities, may only refuse
the request on reasonable grounds related to the effect on the workplace or the
employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(iii)    Employee’s request and the employer’s
decision to be in writing.
The employee’s request and the employer’s
decision made under subparagraph 31.3(a)(i) and 31.3
(a)(ii) above, must be recorded in writing.
(iv)Â Â Â Â Request to return to work part-time
Where an employee wishes to make a request
under 31.3 (a)(i)(C) above, such a request must be
made as soon as possible but no less than seven weeks prior to the date upon
which the employee is due to return to work from parental leave.
(b)Â Â Â Â Â Â Communication during parental leave
(i)Â Â Â Â Â Â Â Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer will take
reasonable steps to:
(A)Â Â Â Â Â make information available in relation to
any significant effect the change will have on the status or responsibility
level of the position the employee held before commencing parental leave; and
(B)Â Â Â Â Â provide an opportunity for the employee to
discuss any significant effect the change will have on the status or
responsibility level of the position the employee held before commencing
parental leave.
(ii)Â Â Â Â Â The employee will take reasonable steps to
inform the employer about any significant matter that will affect the
employee’s decision regarding the duration of parental leave to be taken,
whether the employee intends to return to work and whether the employee intends
to request to return to work on a part-time basis.
(iii)Â Â Â Â The employee will also notify the employer
of changes of address or other contact details which might affect the
employer’s capacity to comply with subparagraph 31.3 (b)(i).
32. Deduction of Union Membership Fees
32.1Â Â Â 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.
32.2Â Â Â 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.
32.3Â Â Â Subject to 32.1 and 32.2 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.
32.4Â Â Â 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.
32.5Â Â Â Unless other arrangements are agreed to by
the employer and the union, all union membership fees will be deducted on a
fortnightly basis.
32.6Â Â Â Where an employee has already authorised the
deduction of union membership fees from his or her pay prior to this clause
taking effect, nothing in this clause will be read as requiring the employee to
make a fresh authorisation in order for such
deductions to continue.
33. Work Health and Safety for Employees of
Labour Hire Employers
(i)Â Â Â Â Â Â Â For the
purposes of this subclause, the following definitions will apply:
(1)Â Â Â Â Â Â A "labour hire business" is a
business (whether an organisation, business enterprise, company, partnership,
co-operative, sole trader, family trust or unit trust, corporation and/or
person) which has as its business function, or one of its business functions,
to supply staff employed or engaged by it to another employer for the purpose
of such staff performing work or services for that other employer.
(2)Â Â Â Â Â Â A "contract business" is a
business (whether an organisation, business enterprise, company, partnership,
co-operative, sole trader, family trust or unit trust, corporation and/or
person) which is contracted by another employer to provide a specified service
or services or to produce a specific outcome or result for that other employer
which might otherwise have been carried out by that other employer’s own
employees.
(ii)Â Â Â Â Â Any employer which engages a labour hire
business and/or a contract business to perform work wholly or partially on the
employer’s premises will do the following (either directly, or through the
agency of the labour hire or contract business):
(1)Â Â Â Â Â Â consult with employees of the labour hire
business and/or contract business regarding the workplace work health and
safety consultative arrangements;
(2)Â Â Â Â Â Â provide employees of the labour hire
business and/or contract business with appropriate work health and safety
induction training including the appropriate training required for such
employees to perform their jobs safely;
(3)Â Â Â Â Â Â provide employees of the labour hire
business and/or contract business with appropriate personal protective
equipment and/or clothing and all safe work method statements that they would
otherwise supply to their own employees; and
(4)Â Â Â Â Â Â ensure employees of the labour hire
business and/or contract business are made aware of any risks identified in the
workplace and the procedures to control those risks.
(iii)Â Â Â Â Nothing in this subclause is intended to
affect or detract from any obligation or responsibility upon a labour hire
business arising under the Work Health
and Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act 1998.
(iv)Â Â Â Â Disputes Regarding the Application of this
Clause
Where a dispute arises as to the application
or implementation of this sub clause, the matter will be dealt with pursuant to
the disputes settlement procedure of this award.
(v)Â Â Â Â Â Â This clause has no application in respect
of organisations which are properly registered as Group Training Organisations
under the Apprenticeship and Traineeship
Act 2001 (or equivalent interstate legislation) and are deemed by the
relevant State Training Authority to comply with the national standards for
Group Training Organisations established by the Australian National Training
Authority Ministerial Council.
34. 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.
35. Area, Incidence and Duration
35.1Â Â Â This award will apply to:Â
(a)Â Â Â Â Â Â all non-executive public service
employees as defined in the Government
Sector Employment Act 2013 employed in Departments, Public Service
executive agencies related to Departments, and separate Public Service
agencies, listed in Schedule 1 to the Government
Sector Employment Act 2013, except where another industrial instrument or
arrangement applies to the employees; and
(b)Â Â Â Â Â Â any officer, Departmental temporary
employee and casual employee who, as at 23 February 2014, was employed in a
Department listed in Schedule 1, Part 1, of the Public Sector Employment and Management Act 2002 and who was
covered by the predecessor to this award on that date, of the classes specified
in clause 3, Rates of Pay, of this Award in the employment of the New South
Wales Ambulance Board, Roads and Maritime Services and Government organisations
to which the Government Sector Employment
Act 2013 applies, other than those referred to hereunder. It will not apply
to employees covered by the Sydney Harbour Bridge Employees Award, nor to those
employed by the Roads and Maritime Services, and Department of Public Works and
Services in Broken Hill, or those employed by the Zoological Parks Board of New
South Wales.
35.2Â Â Â This award rescinds and replaces the Crown
Employees (Skilled Trades) Award 2022 published on 16 December 2022 (393 IG.
691) and reprinted 24 November 2023 (395 I.G. 1197) and all variations thereof.
35.3Â Â Â This award will come into effect from 1 July
2024 and remains in force for a period of three years.
Part
B
RATES
AND ALLOWANCES
Table 1 - Rates of Pay
|
Classification - Clause 3. All up Rate -
includes Industry Allowance, Special Loading, Trade Allowance
|
Per week as from the first full pay period
on or after 1.7.23
(4%)
$
|
Per week as from the first full pay period
on or after 1.7.24
(4%)
$
|
Per week as from the first full pay period
on or after 1.7.25
(3%)
$
|
Per week as from the first full pay period
on or after 1.7.26
(3%)
$
|
|
Bespoke Bootmaker
|
1075.90
|
1,118.90
|
1,152.50
|
1,187.10
|
|
Blacksmith
|
1176.90
|
1,224.00
|
1,260.70
|
1,298.50
|
|
Body Maker, First Class
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Boilermaker and/or Structural Steel
Tradesperson
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Boot or Shoe Repairer
|
1056.10
|
1,098.30
|
1,131.20
|
1,165.10
|
|
Bricklayer
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Bridge and Wharf Carpenter
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Cabinet Maker
|
1209.20
|
1,257.60
|
1,295.30
|
1,334.20
|
|
Carpenter and/or Joiner
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Coach and/or Spray Painter
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Drainer
|
1176.90
|
1,224.00
|
1,260.70
|
1,298.50
|
|
Electrical Fitter
|
1242.50
|
1,292.20
|
1,331.00
|
1,370.90
|
|
Electrical Instrument Fitter
|
1301.20
|
1,353.20
|
1,393.80
|
1,435.60
|
|
Electrical Mechanic
|
1242.50
|
1,292.20
|
1,331.00
|
1,370.90
|
|
Electrician in Charge of Plant having a
capacity of 75 Kilowatts or more
|
1324.60
|
1,377.60
|
1,418.90
|
1,461.50
|
|
Electrician in Charge of Plant having a
capacity of less than 75 Kilowatts
|
1265.30
|
1,315.90
|
1,355.40
|
1,396.10
|
|
Electronics Tradesperson
|
1427.50
|
1,484.60
|
1,529.10
|
1,575.00
|
|
Farrier
|
1176.90
|
1,224.00
|
1,260.70
|
1,298.50
|
|
Fitter
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Forger and/or Faggoter
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
French Polisher
|
1209.20
|
1,257.60
|
1,295.30
|
1,334.20
|
|
Machinist, A Grade (Woodworking)
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Machinist, First Class (Metal Trades)
|
1185.90
|
1,233.30
|
1,270.30
|
1,308.40
|
|
Marker-off
|
1176.90
|
1,224.00
|
1,260.70
|
1,298.50
|
|
Mechanical Tradesperson-Special Class (as
defined)
|
1230.10
|
1,279.30
|
1,317.70
|
1,357.20
|
|
Motor Mechanic
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Painter
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Panel Beater
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Patternmaker
|
1200.20
|
1,248.20
|
1,285.60
|
1,324.20
|
|
Plant Electrician
|
1311.50
|
1,364.00
|
1,404.90
|
1,447.00
|
|
Plant Mechanic
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Plasterer
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Plumber and/or Gasfitter
|
1176.90
|
1,224.00
|
1,260.70
|
1,298.50
|
|
Radio Mechanic or Fitter
|
1242.50
|
1,292.20
|
1,331.00
|
1,370.90
|
|
Refrigeration and/or Air Conditioning
|
1242.50
|
1,292.20
|
1,331.00
|
1,370.90
|
|
Saw Doctor
|
1242.50
|
1,292.20
|
1,331.00
|
1,370.90
|
|
Sawyer, No. 1 Benchperson
|
1185.90
|
1,233.30
|
1,270.30
|
1,308.40
|
|
Scalemaker
and/or Adjuster
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Scientific Instrument Maker
|
1200.20
|
1,248.20
|
1,285.60
|
1,324.20
|
|
Sewing Machine Mechanic
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Sheetmetal Worker, First Class
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Shipwright and/or Boatbuilder
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Signwriter
|
1200.20
|
1,248.20
|
1,285.60
|
1,324.20
|
|
Slater and Tiler
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Stonemason
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Stonemason-Carver
|
1242.50
|
1,292.20
|
1,331.00
|
1,370.90
|
|
Tilelayer
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Toolmaker
|
1200.20
|
1,248.20
|
1,285.60
|
1,324.20
|
|
Toolsmith
|
1176.90
|
1,224.00
|
1,260.70
|
1,298.50
|
|
Trimmer (Motor)
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Turner
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
|
Watchmaker
|
1143.90
|
1,189.70
|
1,225.40
|
1,262.20
|
|
Welder, Special Class
|
1176.90
|
1,224.00
|
1,260.70
|
1,298.50
|
|
Welder, First Class
|
1165.00
|
1,211.60
|
1,247.90
|
1,285.30
|
WAGES
FOR APPRENTICES
Apprentices will receive as minimum weekly
rates of pay, the following:
(i)
|
Four Year Term
|
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
|
Per week as from the first full pay period
on or after 1.7.25
|
Per week as from the first full pay period
on or after 1.7.26
|
|
(4%)
|
(4%)
|
(3%)
|
(3%)
|
|
$
|
$
|
$
|
$
|
|
1st year
|
503.80
|
524.00
|
539.70
|
555.90
|
|
2nd year
|
662.60
|
689.10
|
709.80
|
731.10
|
|
3rd year
|
848.70
|
882.60
|
909.10
|
936.40
|
|
4th year
|
979.10
|
1018.30
|
1048.80
|
1080.30
|
Wages for apprentices employed by the
Department of Education
|
Four Year Term
|
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
|
Per week as from the first full pay period
on or after 1.7.25
|
Per week as from the first full pay period
on or after 1.7.26
|
|
(4%)
|
(4%)
|
(3%)
|
(3%)
|
|
$
|
$
|
$
|
$
|
|
1st year
|
543.20
|
564.90
|
581.80
|
599.30
|
|
2nd year
|
714.70
|
743.30
|
765.60
|
788.60
|
|
3rd year
|
915.40
|
952.00
|
980.60
|
1010.00
|
|
4th year
|
1056.10
|
1,098.30
|
1,131.20
|
1,165.10
|
(ii)Â Â Â Â Â An
apprentice who has passed the prescribed annual technical college examinations
for the preceding year will be paid an additional weekly allowance of
$1.30. Payment of this allowance is
subject to a satisfactory report as to conduct, punctuality and workshop
progress by their supervisor. Such additional allowance will be payable from
the beginning of the first pay period commencing in January following the
examinations.
(iii)Â Â Â Â An
apprentice who, in any year fails to complete a subject or subjects but
completes them concurrently with passing the succeeding year’s examinations,
will be deemed to qualify for payment of the allowance specified in this
subclause for the succeeding year as if he had not initially failed to complete
the subject or subjects.
(iv)Â Â Â Â All
wages will be paid on a weekly basis: It will be an implied term of any
contract of apprenticeship that the employing Authority may deduct from the
weekly wage of an apprentice an amount proportionate to the time lost by an
apprentice for any reason not considered satisfactory to the employing
Authority.
(v)Â Â Â Â Â Â Apprentice
patternmakers will be paid the sum of $1.30 per week in addition to the wage
rates prescribed for apprentices in subclause (i).
Table 2 - Tool Allowances
An employee under this award of a
classification as listed underneath will receive the prescribed tool
allowance. The tool allowance is
applicable to both skilled tradespeople and apprentices and is to form part of the
ordinary pay for all purposes.
|
Clause No.
|
|
From the first full pay period on or after
1.7.23
(i.e. 7.3% March 2023 Sydney CPI)
|
From the first full pay period on or after
1.7.24
(i.e. 3.8% March 2024 Sydney CPI)
|
From the first full pay period on or after
1.7.25
(i.e. 2.3% March 2025 Sydney CPI)
|
From the first full pay period on or after
1.7.26
(March 2026 Sydney CPI)
|
|
|
$
|
$
|
$
|
|
5.
|
Tool Allowances
|
|
|
Blacksmith
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Bodymaker, First
Class
|
38.10
|
39.40
|
40.30
|
Per CPI
|
|
|
Boilermaker and/or Structural Steel
|
38.10
|
39.50
|
40.40
|
Per CPI
|
|
|
Bricklayer
|
27.10
|
28.10
|
28.70
|
Per CPI
|
|
|
Bridge and Wharf Carpenter and/or Civil
Engineering Construction Carpenter
|
38.10
|
39.50
|
40.40
|
Per CPI
|
|
|
Cabinet Maker
|
15.30
|
15.90
|
16.30
|
Per CPI
|
|
|
Carpenter
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Drainer
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Electrical
Fitter
|
23.00
|
23.90
|
24.50
|
Per
CPI
|
|
|
Electrical
Fitter/Mechanic
|
23.00
|
23.90
|
24.50
|
Per
CPI
|
|
|
Electrical
Instrument Fitter
|
23.00
|
23.90
|
24.50
|
Per
CPI
|
|
|
Electrical
Mechanic
|
23.00
|
23.90
|
24.50
|
Per
CPI
|
|
|
Electrician
in charge of plant having a capacity of less 75 kilowatts
|
23.00
|
23.90
|
24.50
|
Per
CPI
|
|
|
Electronic
Tradesperson
|
23.00
|
23.90
|
24.50
|
Per
CPI
|
|
|
Electrical
Instrument Fitter
|
23.00
|
23.90
|
24.50
|
Per
CPI
|
|
|
Farrier
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Fitter
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Forger and/or Faggoter
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Machinist, First Class (Metal Trades)
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Machinist (Metal Trades) Special Class
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Marker Off
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Motor Mechanic
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Painter
|
9.30
|
9.70
|
9.90
|
Per CPI
|
|
|
Panel Beater
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Patternmaker
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Plant Electrician
|
23.00
|
23.90
|
24.50
|
Per CPI
|
|
|
Plant Mechanic
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Plasterer
|
38.00
|
39.40
|
30.30
|
Per CPI
|
|
|
Plumber
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Plumber and Gasfitter
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
Plumber, Gasfitter and Drainer
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Radio Mechanic and Fitter
|
23.00
|
23.90
|
24.50
|
Per CPI
|
|
|
Refrigeration and/or Air Conditioning
Mechanic
|
23.00
|
23.90
|
24.50
|
Per CPI
|
|
|
Sewing Machine Mechanic
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Sheetmetal Worker, First Class
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Shipwright/Boatbuilder
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Signwriter
|
9.30
|
9.70
|
9.90
|
Per CPI
|
|
|
Slater and Tiler
|
19.70
|
20.40
|
20.90
|
Per CPI
|
|
|
Stonemason
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Stonemason-Carver
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Tilelayer
|
27.10
|
28.10
|
28.70
|
Per CPI
|
|
|
Toolmaker
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Toolsmith
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Trimmer (Motor)
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Turner
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Vehicle Builder
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Watchmaker
|
12.40
|
12.90
|
13.20
|
Per CPI
|
|
|
Welder, Special Class
|
38.00
|
39.40
|
40.30
|
Per CPI
|
|
|
Welder, First Class
|
38.00
|
39.40
|
40.30
|
Per CPI
|
Application to employees of Department of
Education
|
Clause No.
|
Brief
Description
|
From
the first full pay period on or after 1.7.23 (i.e. 7.3% March 2023 Sydney
CPI)
$
|
From
the first full pay period on or after 1.7.24 (i.e. 3.8% March 2024 Sydney
CPI)
$
|
From
the first full pay period on or after 1.7.25 (i.e. 2.3% March 2025 Sydney
CPI)
$
|
From
the first full pay period on or after 1.7.26 (i.e. March 2026 Sydney CPI)
$
|
|
5
|
Tool
Allowances - Electrical Radio Mechanic and Fitter
|
26.20
|
27.20
|
27.80
|
Per
CPI
|
Table 3 – Allowances
|
Clause No
|
Brief Description
|
From the first full pay period on or after
1.7.23
(4%)
$
|
From the first full pay period on or after
1.7.24
(4%)
$
|
From the first full pay period on or after
1.7.25
(3%)
$
|
From the first full pay period on or after
1.7.26
(3%)
$
|
|
4.2
|
Carpenter Diver (p.w)
|
340.00
|
353.60
|
364.20
|
375.10
|
|
4.4
|
Electrician who is holder of a NSW electrician’s licence:
|
|
|
|
|
|
A Grade Licence (p.w.)
|
56.60
|
58.90
|
60.70
|
62.50
|
|
B Grade Licence (p.w.)
|
30.50
|
31.70
|
32.70
|
33.70
|
|
4.5
|
Lead Burner (p.h.)
|
1.16
|
1.21
|
1.25
|
1.29
|
|
4.6
|
Plumber and Drainer when required to act
on:
|
|
|
|
|
|
Plumbers licence (p.h.)
|
1.47
|
1.53
|
1.58
|
1.63
|
|
Gasfitters licence (p.h.)
|
1.47
|
1.53
|
1.58
|
1.63
|
|
Drainers licence (p.h.)
|
1.22
|
1.27
|
1.31
|
1.35
|
|
Plumbers and Gasfitters licence (p.h.)
|
1.98
|
2.06
|
2.12
|
2.18
|
|
Plumbers and Drainers licence (p.h.)
|
1.98
|
2.06
|
2.12
|
2.18
|
|
Gasfitters and Drainers licence (p.h.)
|
1.98
|
2.06
|
2.12
|
2.18
|
|
Plumbers, Gasfitters and Drainers licence
(p.h.)
|
2.71
|
2.82
|
2.90
|
2.99
|
|
4.7
|
Holder of Electric Welding (DIRE
Certificate) (p.h.)
|
0.86
|
0.89
|
0.92
|
0.95
|
|
4.8
|
Boot or Shoe Repairer required to repair
anatomical, surgical or orthopaedic boots or shoes (p.w.)
|
30.70
|
31.90
|
32.90
|
33.90
|
|
4.9
|
Shipwright-Boatbuilder, for: Liner Off, Loftsperson and Model Maker (p.h.)
|
1.57
|
1.63
|
1.68
|
1.73
|
|
4.10
|
Computing quantities (p.d.)
|
6.66
|
6.93
|
7.14
|
7.35
|
|
4.11
|
Joiner, Public Works and Education
Departments:
|
|
|
|
|
|
when working at regular place of
employment (p.w.)
|
52.50
|
54.60
|
56.20
|
57.90
|
|
|
when working away from regular place of
employment (p.d.)
|
10.58
|
11.00
|
11.33
|
11.67
|
|
4.12
|
Registration allowance (p.h.)
|
1.12
|
1.16
|
1.19
|
1.23
|
|
4.13
|
Building tradesperson - Marking
off/Setting out (p.w.)
|
1.50
|
1.60
|
1.60
|
1.60
|
|
4.14
|
Cold places:
|
|
|
|
|
|
below 0 degree Celsius (p.h.)
|
0.92
|
0.96
|
0.99
|
1.02
|
|
below minus 7 degrees Celsius (p.h.)
|
1.06
|
1.10
|
1.13
|
1.16
|
|
4.15
|
Confined spaces (p.h.)
|
1.13
|
1.18
|
1.22
|
1.26
|
|
4.16
|
Dirty work (p.h.)
|
0.92
|
1.96
|
0.99
|
1.02
|
|
For Bridge and wharf carpenter who:
|
|
|
|
|
|
uses material or liquid that is injurious
to clothes or damages his/her tools (p.h.)
|
0.93
|
0.97
|
1.00
|
1.03
|
|
|
is engaged in work where dirt or dust or
other foreign matter or refuse has accumulated to become damaging to the
clothes or tools or objectionable or injurious to the person (p.h.)
|
0.92
|
0.96
|
0.99
|
1.02
|
|
Shipwright Boatbuilder engaged in work as
set out in subclause 5.16.2 (v) (p.h.)
|
0.92
|
0.96
|
0.99
|
1.02
|
|
4.17
|
Height money:
|
|
|
|
|
|
7.5 metres from ground, deck, floor or
water (p.h.)
|
0.92
|
0.96
|
0.99
|
1.02
|
|
for every additional 3 metres (p.h.)
|
0.18
|
0.19
|
0.20
|
0.21
|
|
4.18
|
Hot places:
|
|
|
|
|
|
between 46 degrees Celsius and 54 degrees
Celsius (p.h.)
|
0.92
|
0.96
|
0.99
|
1.02
|
|
exceeds 54 degrees Celsius (p.h.)
|
1.13
|
1.18
|
1.22
|
1.26
|
|
4.19
|
Handling insulation material (p.h.)
|
1.11
|
1.15
|
1.18
|
1.22
|
|
4.20
|
Smoke boxes:
|
|
|
|
|
|
repairs to smoke-boxes furnace or flues of
boilers (p.h.)
|
0.57
|
0.59
|
0.61
|
0.63
|
|
|
repairs to and while inside oil fired
boilers (p.h.)
|
2.26
|
2.35
|
2.42
|
2.49
|
|
4.21
|
Wet places:
|
|
|
|
|
|
- where water other than rain is falling
and required to work in wet clothing or boots (p.h.)
|
0.92
|
0.96
|
0.99
|
1.02
|
|
- when required to work in the rain (p.h.)
|
0.92
|
0.96
|
0.99
|
1.02
|
|
- called upon to work on a raft, open
board, punt or pontoon having a freeboard of 305m.m or less (p.d.)
|
3.47
|
3.61
|
3.72
|
3.83
|
|
|
- called upon to work knee-deep in mud or
water (p.d.)
|
7.22
|
7.51
|
7.74
|
7.97
|
|
4.22
|
Acid furnaces, Stills, etc.:
|
|
|
|
|
|
Construction or repairs to acid furnaces,
stills, towers and all resisting brickwork other acid (p.h.)
|
4.65
|
4.84
|
4.99
|
5.14
|
|
Construction or alteration or repairs to
boilers, flues, furnaces, retorts, kilns, ovens, ladles and similar
refractory work (p.h.)
|
4.65
|
4.84
|
4.99
|
5.14
|
|
4.23
|
Towers allowances:
|
|
|
|
|
|
construction exceeding 15 metres in
height, (p.h.) and
|
0.92
|
0.96
|
0.99
|
1.02
|
|
for each additional 15 metres (p.h.)
|
0.92
|
0.96
|
0.99
|
1.02
|
|
4.24
|
Depth exceeding 3 metres (p.h.)
|
0.92
|
0.96
|
0.99
|
1.02
|
|
4.25
|
Swing scaffolds:
|
|
|
|
|
|
for the first four hours or any portion
thereof, (p.h.)
|
6.72
|
6.99
|
7.20
|
7.42
|
|
and for each hour thereafter (p.h.)
|
1.37
|
1.42
|
1.46
|
1.60
|
|
Solid plasterers when working off a swing
scaffold (p.h.)
|
0.18
|
0.18
|
0.19
|
0.20
|
|
4.26
|
Spray application (p.h.)
|
0.89
|
0.93
|
0.96
|
0.99
|
|
4.27
|
Soil pipes (p.h.)
|
1.13
|
1.18
|
1.22
|
1.26
|
|
4.28
|
Working on second-hand timber (p.d.)
|
3.59
|
3.73
|
3.84
|
3.96
|
|
4.29
|
Roof work:
|
|
|
|
|
|
work in excess of
12 metres from the nearest floor level (p.h.)
|
1.13
|
1.18
|
1.22
|
1.26
|
|
minimum payment (p.h.)
|
1.13
|
1.18
|
1.22
|
1.26
|
|
4.30
|
Electric welding (p.h.)
|
0.36
|
0.37
|
0.38
|
0.39
|
|
4.31
|
Explosive powered tools:
|
|
|
|
|
|
employee required to use explosive powered
tools (p.d.)
|
2.18
|
2.27
|
2.34
|
2.41
|
|
bridge and wharf carpenter when required
to use these tools (p.d.)
|
2.18
|
2.27
|
2.34
|
2.41
|
|
4.32
|
Scaffolding rigging (p.h.)
|
0.92
|
0.96
|
0.99
|
1.02
|
|
4.33
|
Corrective establishments (p.h.)
|
2.28
|
2.37
|
2.44
|
2.51
|
|
Mental institutions (p.h.)
|
1.75
|
1.82
|
1.87
|
1.93
|
|
Geriatric hospitals: Allandale, Garrawarra and Strickland Hospitals (p.h.)
|
0.62
|
0.64
|
0.66
|
0.68
|
|
|
Geriatric hospitals: - Lidcombe Hospital (p.h.)
|
0.57
|
0.59
|
0.61
|
0.63
|
|
|
Work in hot/cold water tanks for the
purpose of the control of Legionella Pneumophilia (p.h.)
|
4.25
|
4.42
|
4.55
|
4.69
|
|
4.34
|
Distant places:
|
|
|
|
|
|
|
- in districts as set out in subclause 5.3
(p.d.)
|
1.73
|
1.80
|
1.85
|
1.91
|
|
|
- in western division of the state (p.d.)
|
2.85
|
2.96
|
3.05
|
3.14
|
|
|
- within the area as set out in subclause
5.36.3 (p.d.)
|
2.85
|
2.96
|
3.05
|
3.14
|
|
|
- Bridge and road construction within the
area as set out in subclause 4.34.4 (p.d.)
|
1.62
|
1.68
|
1.73
|
1.78
|
|
4.35
|
Morgues (p.h.)
|
1.06
|
1.10
|
1.13
|
1.16
|
|
4.36
|
Application of epoxy
based materials or materials of a like nature (p.h.)
|
1.13
|
1.18
|
1.22
|
1.26
|
|
|
Application of such material in buildings
which are normally air conditioned (p.h.)
|
0.78
|
0.81
|
0.83
|
0.85
|
|
|
Working in close
proximity to employees so engaged (p.h.)
|
0.92
|
0.96
|
0.99
|
1.02
|
|
4.37
|
Bricklayers laying other than standard
bricks where
|
|
|
|
|
|
|
block weighs:
|
|
|
|
|
|
|
- over 5.5 kg and under 9 kg (p.h.)
|
0.92
|
0.96
|
0.99
|
1.02
|
|
|
- 9 kg or over and up to 18 kg (p.h.)
|
1.59
|
1.65
|
1.70
|
1.75
|
|
|
- over 18 kg (p.h.)
|
2.53
|
2.63
|
2,71
|
2,79
|
|
4.38
|
Bagging bricks or concrete structures (p.h.)
|
0.84
|
0.87
|
0.90
|
0.93
|
|
4.39
|
Cleaning down brickwork using acids or
other corrosive substances (p.h.)
|
0.84
|
0.87
|
0.90
|
0.93
|
|
4.40
|
Materials containing asbestos (p.h.)
|
1.13
|
1.18
|
1.22
|
1.26
|
|
4.41
|
Operation of pneumatic tools of 2.75 kg or
over (p.d.)
|
4.92
|
5.12
|
5.27
|
5.43
|
|
4.42
|
Operation of brick cutting machine (p.h.)
|
1.13
|
1.18
|
1.22
|
1.26
|
|
4.43
|
Asbestos eradication (p.h.)
|
3.05
|
3.17
|
3,27
|
3.37
|
|
4.44
|
Employee required to work in an Animal
House (p.h.)
|
0.55
|
0.57
|
0.59
|
0.61
|
|
4.45
|
Employee of Transport for NSW, Illawarra
region working in areas where coal wash is being unloaded, handled or spread
(p.h.)
|
0.92
|
0.96
|
0.99
|
1.02
|
|
6.1
|
Employee appointed to be
in charge of up to and including five employees (p.w)
|
57.80
|
60.10
|
61.90
|
63.80
|
|
6.2
|
Employee appointed to be
in charge of more than five and up to and including ten employees (p.w.)
|
74.20
|
77.20
|
79.50
|
81.90
|
|
6.3
|
Employee appointed to be
in charge of more than ten employees (p.w.)
|
96.80
|
100.60
|
103.60
|
106.70
|
|
15.1
|
Chokages pipe or
pump (p.d.)
|
10.68
|
11.11
|
11.44
|
11.78
|
|
15.2
|
Fouled equipment (p.d.)
|
10.68
|
11.11
|
11.44
|
11.78
|
|
17.3
|
First Aid qualifications (p.d.)
|
3.96
|
4.12
|
4.24
|
4.37
|
|
Clause No.
|
Â
|
From the first full pay period on or after
1.7.23
(i.e. 7.3% March 2023 Sydney CPI)
$
|
From the first full pay period on or after
1.7.24
(i.e. 3.8% March 2024 Sydney CPI)
$
|
From the first full pay period on or after
1.7.25
(i.e. 2.3% March 2025 Sydney CPI)
$
|
From the first full pay period on or after
1.7.26
(i.e. March 2026 Sydney CPI)
$
|
|
8.1
|
Excess fares and travelling time to and
from place of work
|
29.50
|
30.62
|
31.32
|
Per CPI
|
|
8.1.1
|
If employer provides or offers to provide
transport free of charge
|
11.75
|
12.20
|
12.48
|
Per CPI
|
|
8.2
|
Excess fares and travelling to and from
work:
|
|
|
|
|
|
- first year apprentices (or probationers)
|
24.75
|
25.69
|
26.28
|
Per CPI
|
|
- to all other apprentices
|
28.71
|
29.80
|
30.49
|
Per CPI
|
|
8.2.1
|
If employer provides or offers to provide
transport free of charge
|
|
|
|
|
|
- to first year apprentices
|
9.84
|
10.21
|
10.44
|
Per CPI
|
|
- to all other apprentices
|
11.64
|
12.08
|
12.36
|
Per CPI
|
|
9.3.3
|
Meal allowance:
|
|
|
|
|
|
- after working in
excess of four hours
|
18.20
|
18.90
|
19.30
|
Per CPI
|
|
- for each subsequent meal
|
15.70
|
16.30
|
16.70
|
Per CPI
|
|
9.8
|
Tea Money:
|
|
|
|
|
|
- required to work overtime for one and a
half hours or more without being notified on the previous day or earlier, for
a meal
|
18.34
|
19.04
|
19.48
|
Per CPI
|
|
- after each four hours on continuous
overtime, for each meal
|
16.00
|
16.60
|
17.00
|
Per CPI
|
|
14.4
|
Expenses of reaching home and of
transporting tools from distant work
|
28.40
|
29.50
|
30.20
|
Per CPI
|
|
14.5.1
|
Allowance for board and lodging:
|
|
|
|
|
|
- while on distant work
|
618.00
|
641.50
|
656.30
|
Per CPI
|
|
- for broken parts of week
|
88.28
|
91.63
|
93.74
|
Per CPI
|
|
14.6
|
Camping allowance
|
35.38
|
36.72
|
37.56
|
Per CPI
|
|
14.7
|
Returning home for the weekend from
distant work
|
49.00
|
50.90
|
52.10
|
Per CPI
|
|
22.6.2
|
Supply
of boots
|
45.70
|
47.40
|
48.50
|
Per CPI
|
|
Accrual
of credit
|
5.40
|
5.60
|
5.70
|
Per CPI
|
|
23.2
|
Reimbursement
for loss of tools (per annum)
|
2199.00
|
2283.00
|
2336.00
|
Per CPI
|
D. CHIN J, Vice President
____________________
Printed by the authority of the Industrial Registrar.