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.