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New South Wales Industrial Relations Commission
(Industrial Gazette)





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PUBLIC TRANSPORT CONSTRUCTION AWARD
  
Date03/07/2003
Volume338
Part7
Page No.
DescriptionVIRC - Variation by Industrial Relations Commission
Publication No.C1547
CategoryAward
Award Code 768  
Date Posted03/06/2003

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(768)

SERIAL C1547

 

PUBLIC TRANSPORT CONSTRUCTION AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.

 

(No. IRC 2520 of 2001)

 

Before The Honourable Justice Marks

3 September 2002

 

VARIATION

 

1.          Delete the clause number and subject matter "9, Wet Weather," appearing in clause 1, Arrangement, of the award published 10 August 2001 (326 I.G. 1044), and insert in lieu thereof the following:

 

9.  Inclement Weather

 

2.          Delete clause 9, Wet Weather, and insert in lieu thereof the following:

 

9.  Inclement Weather

 

(a)        Definition: For the purposes of this clause "Inclement Weather" shall mean existence of rain or abnormal climactic conditions (including, but not limited to, hail, snow, cold, high wind, severe dust storm, extreme high temperature or any combination thereof) by virtue of which it is either not reasonable or not safe for employees exposed there to continue working whilst the same prevail.

 

(b)        Payment of Wages: An employee shall be entitled to payment of normal wages on a fortnightly basis, regardless of any hours lost due to inclement weather.

 

(c)        Inclement Weather during a shift: In the instance of inclement weather occurring on any one day, the following procedure shall apply:

 

(i)         The employer of the employer’s representative and the employees shall agree and note the time of cessation of work.

 

(ii)        Once work has ceased the employer representative on site shall contact the Project Officer and those other people relevant to organising alternative duties, training or transfer.  Relevant preparations shall then commence to accommodate the possibility of the cessation of normal work.

 

(iii)       The employees shall take shelter on site until such time as the weather abates and

 

(iv)       The site is inspected by the employer representative (Supervisor) or, in the absence of the supervisor from site the Team Leader, who will undertake a risk assessment in conjunction with team members who will declare the site is safe for work to resume, or,

 

(v)        In the event that inclement weather causes the cessation of normal work, alternative duties will be arranged around the work site (eg housekeeping, timesheets, tool box meetings or other general duties).

 

(vi)       If, after an inspection as set out at (c)(iv) has been conducted, a site is declared unsafe an employee shall either:

 

1.         Be transferred to alternate duties in accordance with subclause (d); or

 

2.         An employee may be sent home without loss of pay if no suitable alternative duties, including training, are available.

 

(vii)      In each case of inclement weather employees shall not be required to remain on site without alternative duties, transfer or the resumption of work for longer than four hours, or in the case of inclement weather after a meal break has been taken in accordance with clause 5(i)(h) of the Public Transport Construction Award, for more than half the remaining work time.  If either of these time limits are reached employees shall be sent home without loss of pay.

 

(viii)     All employee’s will be issued good quality wet weather gear and will be required to wear their issued wet weather gear and to have it available at all times.

 

(ix)       Notwithstanding 3(vii) above, if an employee’s clothes become wet and no change facilities are provided, the employee shall be sent home without loss of pay.  A complete change of clothing shall be provided by the employer accompanied by a full sealed section in work issue bags to store such clothing.  Once provided, the employee is required to bring this change of clothing to work.

 

(d)        Transfer:

 

Where the decision is made that normal work cannot continue due to inclement weather employees may be transferred.

 

(i)         from one location on a site to work at another location on the same site, which is not affected by inclement weather, or

 

(ii)        To another site where work is not affected by inclement weather, or

 

(iii)       To another location for the purpose of attending training, subject to subclause (e).

 

(iv)       No employee shall be transferred to an area not affected by inclement weather unless there is work available within the relevant employees skills and competencies as defined by the employee’s classification.

 

(v)        Employees may be transferred from one location on a site to work in areas which are not affected by conditions of inclement weather, even though there may not be work for all employees in such areas.

 

(vi)       Employee’s on any one day who are transferred to another location due to inclement weather will be returned at their request back to the designated place of work from where they were transferred, during normal working time, to coincide with the end of their shift.  Provided that:

 

1.         the employee used a private conveyance to attend the original place of work; and

 

2.         the transfer of an employee away from site shall not in any way affect the said employee’s entitlement to their start and finish allowance as set out in clause 42 of the Rail Services Australia Enterprise Agreement 1998 or the equivalent clause in a successor industrial instrument.

 

(e)        Training During Inclement Weather: If no alternative work is available employees may be required to attend training provided by RIC, subject to the following:

 

(i)         The provisions of subclause (d), Transfer, above shall be abided by.

 

(ii)        Such training shall be meaningful and structured so as to provide employees with additional skills and knowledge.

 

(iii)       RIC Management shall discuss details of training with the union delegates prior to implementation.

 

(iv)       Training shall be carried out by suitably qualified employees or qualified trainers.

 

(v)        Training on use and maintenance of plant and machinery shall only occur in a suitable environment.

 

(f)         Completion of Concrete Pours and Emergency Work:

 

(i)         Employees shall not work or be required to start a concrete pour in inclement weather.

 

(ii)        Where a concrete pour has been commenced prior to the commencement of a period of inclement weather, employees will be required to complete such concrete pour to a practical stage as determined by the Project Officer.

 

Once the emergency work or concrete pour has been completed the employee’s shall be sent home without loss of pay.

 

(iii)       Protection for Employee’s Tools: Protection shall, where necessary, be provided for the employees’ tolls in a secure, dry area.

 

3.          This variation shall take effect from the first full pay period to commence on or after 3 September 2002.

 

 

F. MARKS  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

 

BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(768)

SERIAL C1547

 

PUBLIC TRANSPORT CONSTRUCTION AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.

 

(No. IRC 2520 of 2001)

 

Before The Honourable Justice Marks

3 September 2002

 

VARIATION

 

1.          Delete the clause number and subject matter "9, Wet Weather," appearing in clause 1, Arrangement, of the award published 10 August 2001 (326 I.G. 1044), and insert in lieu thereof the following:

 

9.  Inclement Weather

 

2.          Delete clause 9, Wet Weather, and insert in lieu thereof the following:

 

9.  Inclement Weather

 

(a)        Definition: For the purposes of this clause "Inclement Weather" shall mean existence of rain or abnormal climactic conditions (including, but not limited to, hail, snow, cold, high wind, severe dust storm, extreme high temperature or any combination thereof) by virtue of which it is either not reasonable or not safe for employees exposed there to continue working whilst the same prevail.

 

(b)        Payment of Wages: An employee shall be entitled to payment of normal wages on a fortnightly basis, regardless of any hours lost due to inclement weather.

 

(c)        Inclement Weather during a shift: In the instance of inclement weather occurring on any one day, the following procedure shall apply:

 

(i)       The employer of the employer’s representative and the employees shall agree and note the time of cessation of work.

 

(ii)       Once work has ceased the employer representative on site shall contact the Project Officer and those other people relevant to organising alternative duties, training or transfer.  Relevant preparations shall then commence to accommodate the possibility of the cessation of normal work.

 

(iii)       The employees shall take shelter on site until such time as the weather abates and

 

(iv)       The site is inspected by the employer representative (Supervisor) or, in the absence of the supervisor from site the Team Leader, who will undertake a risk assessment in conjunction with team members who will declare the site is safe for work to resume, or,

 

(v)        In the event that inclement weather causes the cessation of normal work, alternative duties will be arranged around the work site (eg housekeeping, timesheets, tool box meetings or other general duties).

 

(vi)       If, after an inspection as set out at (c)(iv) has been conducted, a site is declared unsafe an employee shall either:

 

1.         Be transferred to alternate duties in accordance with subclause (d); or

 

2.         An employee may be sent home without loss of pay if no suitable alternative duties, including training, are available.

 

(vii)      In each case of inclement weather employees shall not be required to remain on site without alternative duties, transfer or the resumption of work for longer than four hours, or in the case of inclement weather after a meal break has been taken in accordance with clause 5(i)(h) of the Public Transport Construction Award, for more than half the remaining work time.  If either of these time limits are reached employees shall be sent home without loss of pay.

 

(viii)     All employee’s will be issued good quality wet weather gear and will be required to wear their issued wet weather gear and to have it available at all times.

 

(ix)       Notwithstanding 3(vii) above, if an employee’s clothes become wet and no change facilities are provided, the employee shall be sent home without loss of pay.  A complete change of clothing shall be provided by the employer accompanied by a full sealed section in work issue bags to store such clothing.  Once provided, the employee is required to bring this change of clothing to work.

 

(d)        Transfer:

 

Where the decision is made that normal work cannot continue due to inclement weather employees may be transferred.

 

(i)       from one location on a site to work at another location on the same site, which is not affected by inclement weather, or

 

(ii)        To another site where work is not affected by inclement weather, or

 

(iii)       To another location for the purpose of attending training, subject to subclause (e).

 

(iv)       No employee shall be transferred to an area not affected by inclement weather unless there is work available within the relevant employees skills and competencies as defined by the employee’s classification.

 

(v)       Employees may be transferred from one location on a site to work in areas which are not affected by conditions of inclement weather, even though there may not be work for all employees in such areas.

 

(vi)       Employee’s on any one day who are transferred to another location due to inclement weather will be returned at their request back to the designated place of work from where they were transferred, during normal working time, to coincide with the end of their shift.  Provided that:

 

1.         the employee used a private conveyance to attend the original place of work; and

 

2.         the transfer of an employee away from site shall not in any way affect the said employee’s entitlement to their start and finish allowance as set out in clause 42 of the Rail Services Australia Enterprise Agreement 1998 or the equivalent clause in a successor industrial instrument.

 

(e)        Training During Inclement Weather: If no alternative work is available employees may be required to attend training provided by RIC, subject to the following:

 

(i)       The provisions of subclause (d), Transfer, above shall be abided by.

 

(ii)       Such training shall be meaningful and structured so as to provide employees with additional skills and knowledge.

 

(iii)       RIC Management shall discuss details of training with the union delegates prior to implementation.

 

(iv)       Training shall be carried out by suitably qualified employees or qualified trainers.

 

(v)       Training on use and maintenance of plant and machinery shall only occur in a suitable environment.

 

(f)             Completion of Concrete Pours and Emergency Work:

 

(i)       Employees shall not work or be required to start a concrete pour in inclement weather.

 

(ii)       Where a concrete pour has been commenced prior to the commencement of a period of inclement weather, employees will be required to complete such concrete pour to a practical stage as determined by the Project Officer.

 

Once the emergency work or concrete pour has been completed the employee’s shall be sent home without loss of pay.

 

(iii)       Protection for Employee’s Tools: Protection shall, where necessary, be provided for the employees’ tolls in a secure, dry area.

 

3.          This variation shall take effect from the first full pay period to commence on or after 3 September 2002.

 

 

F. MARKS  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

 

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