LANDSCAPE GARDENERS &c., ON BUILDING AND GENERAL CONSTRUCTION AND
MAINTENANCE, CIVIL AND MECHANICAL ENGINEERING (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Australian
Workers' Union, New South Wales, industrial organisation of employees.
(No. IRC 3302 of 2003)
Before Mr Deputy
President Grayson
|
4 July 2003
|
VARIATION
1. Delete subclause
(viii) of clause 3, Wages, of the award published 4 May 2001 (324 I.G. 540),
and insert in lieu thereof the following:
(viii) The rates of
pay in this award include the adjustments payable under the State Wage Case
2003. These adjustments may be offset
against:
(A) any equivalent
overaward payment; and/or
(B) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
2. Delete
subclause (viii) of clause 13, Overtime and insert in lieu thereof.
(viii) Reasonable
Overtime
(a) Subject to (b)
below, an employer may require an employee to work reasonable overtime at
overtime rates or as otherwise provided for in this award.
(b) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(c) For the
purposes of (b) what is unreasonable or otherwise will be determined having
regard to:
(i) any risk to
employee health and safety;
(ii) the employee's
personal circumstances including any family and carer responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
3. Delete Part
B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Wages
Classification
|
SWC 2002
|
SWC 2003
|
SWC 2002
|
SWC 2003
|
|
Base Rate per week
|
Adjustment
|
Base Rate per week
|
Rate per Hour
|
|
$
|
$
|
$
|
$
|
Landscape Gardener
|
525.30
|
17.00
|
542.30
|
16.06
|
Labourer
|
493.70
|
17.00
|
510.70
|
15.20
|
Table 2 - Other Rates and Allowances
Item
|
Clause
|
Brief Description
|
SWC 2002
|
SWC 2003
|
No.
|
No.
|
|
Amount
|
Amount
|
|
|
|
$
|
$
|
1
|
3(ii)
|
Leading Hands Allowance - Loaded hourly rate
|
|
|
|
|
In charge of not more than one person
|
12.80
|
13.20
|
|
|
|
(0.35)
|
(0.36)
|
|
|
In charge of two and not more than five persons
|
27.90
|
28.80
|
|
|
|
(0.76)
|
(0.78)
|
|
|
In charge of six and not more than ten persons
|
35.55
|
36.70
|
|
|
|
(0.97)
|
(1.00)
|
|
|
In charge of over ten persons
|
47.30
|
48.80
|
|
|
|
(1.29)
|
(1.33)
|
2
|
3(iii)
|
Landscape Gardeners' Tool Allowance
|
20.90
|
21.60
|
3
|
3(iv)
|
Disabilities Allowance
|
19.60
|
20.20
|
4
|
3(v)
|
Travel Pattern Loading
|
7.70 pw
|
7.70 pw
|
5
|
3(vii)
|
Sick Leave Payment
|
0.5669
|
0.5850
|
6
|
5(i)
|
Fares and Travelling Time Allowance
|
13.30
|
13.30
|
7
|
5(i)
|
Excess fare - where transport provided to and
|
|
|
|
|
from a point at not more than 3.2 km from the
|
|
|
|
|
employee's residence
|
5.10
|
5.10
|
8
|
5(ii)
|
Wet Places and Slurry Allowances
|
|
|
|
|
|
|
|
|
5(ii) (a) (1)
|
Employees working in wet places
|
0.45 ph
|
0.46
|
|
|
|
|
|
|
5(ii) (a) (3)
|
Employees required to work in water to a depth of:
|
|
|
|
(A) (B)
|
|
|
|
|
|
- over 45.7 cm
|
2.97/day
|
3.07
|
|
|
- over 91.4 cm
|
3.60/day
|
3.72
|
|
|
|
|
|
|
5(ii) (b)
|
Employees working in slurry
|
0.45 ph
|
0.46
|
9
|
5(iii)
|
Confined Spaces Allowance
|
0.55 ph
|
0.57
|
10
|
5(iv)
|
Distant Places Allowance - Working in
|
|
|
|
(a)
|
Districts west and north of an excluding State
|
|
|
|
|
Highway No. 17 from Tocumwal to Gilgandra,
|
|
|
|
|
State Highway No. 11 to Tamworth, Yetman,
|
0.95/day
|
0.98/day
|
|
|
Boggabilla etc
|
|
|
|
|
|
|
|
|
|
Western Division of the State
|
1.55/day
|
1.60/day
|
|
(b)
|
Area bounded by Snowy River to Dalgety,
|
|
|
|
|
Berridale, Adaminable, Blowering, Walaregang
|
1.55/day
|
1.60
|
|
|
and on to the Murray River
|
|
|
11
|
5(v)
|
Height money allowance
|
0.45/hr
|
0.46
|
12
|
5(vi)
|
Employees lifting other than standard bricks -
|
|
|
|
|
Where blocks weigh over 5.5 kg and under 9 kg
|
0.45
|
0.46
|
|
|
9 kg or over and up to 18 kg
|
0.80
|
0.83
|
|
|
18 kg
|
1.13
|
1.17
|
13
|
5(vii)
|
Cleaning Down Brickwork Allowance
|
0.41
|
0.42
|
14
|
5(viii)
|
Kosciusko National Park - Site Allowance
|
1.84
|
1.90
|
15
|
|
Meal Allowance -
|
|
|
|
14
|
After working one and a half hours overtime
|
9.55
|
9.85
|
|
|
|
|
|
|
|
After the completion of each four hours on
|
|
|
|
|
continuous overtime
|
7.95
|
8.20
|
16
|
20(iv) (a) (b)
|
Distant Work Allowance (seven days)
|
348.90
|
364.90
|
|
|
|
|
|
|
(c) (i)
|
Broken parts of the week
|
37.50
|
39.50
|
17
|
20(vi)
|
Meal whilst travelling
|
9.55
|
9.85
|
18
|
20(vi)
|
Bed Allowance whilst travelling
|
49.60
|
51.90
|
19
|
21(b)
|
First-Aid Allowance
|
2.00
|
2.06
|
"Note": These allowances are contemporary for
expense related allowances as at 30 March 2003, other than Items 6 and 7 which
are adjusted in accordance with the NBCIA, and for work related allowances are inclusive
of adjustment in accordance with the May 2003 State Wage Case Decision of the
Industrial Relations Commission of New South Wales.
4. This
variation shall take effect from the first full pay period to commence on or
after 1 November 2003.
J. P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.